Chapter 153 — ZONING

There is hereby adopted a zoning plan for the City of Riverbank, County of Stanislaus, State of California, the zoning plan being a districting plan as provided by law. (`67 Code, § 10-1-1)

Zoning regulations for the city are hereby adopted and established to serve the public health, safety and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. (`67 Code, § 10-1-2)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All words used in the present tense shall include the future tense; all words in the plural number shall include the singular number, and all words in the singular number shall include the plural number, unless the natural construction of the wording indicates otherwise.

ACCESSORY. A building, part of a building or structure or use which is subordinate to, and the use of which is incidental to that of the main building, structure or use on the same lot. Where an accessory building has a wall or a portion of a wall not less than four feet in length in common with a main building, such accessory building shall be considered a part of the main building.

ALLEY. Any public thoroughfare, not exceeding 30 feet in width, for the use of pedestrians and/or vehicles which affords only a secondary means of access to abutting property.

APARTMENT. A room or suite of two or more rooms which is designed for, intended for, and/or occupied by one family doing its own cooking therein.

BOARDING HOUSE. A dwelling other than a hotel or a residential care home, wherein lodging and meals are provided for compensation for more than five but not more than ten persons other than the immediate members of the proprietor's family.

BUILDING (includes the word STRUCTURE ). Any structure having a roof supported by columns and/or walls and intended for the shelter, housing and/or enclosure of any persons, animal or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or any other opening therein, which wall extends from the ground to the upper surface of the roof at every point, then such portion shall be deemed to be a separate building.

BUILDING, ACCESSORY. A subordinate building, the use of which is incidental to that of a main building on the same lot. Signs and fences are not to be considered as accessory buildings. Where an accessory building does not have a common wall of at least four feet in length with the main building on the same lot, it shall be considered detached. BUILDING HEIGHT. The vertical distance measured from the average level of the highest and lowest point of that building site covered by the building to the ridge or peak of the roof.

BUILDING LINE. A line parallel to the front lot line and at a distance therefrom equal to the required depth of the front yard and extending across the full width of the lot.

BUILDING, MAIN. A building in which is conducted the principal use of the lot upon which it is situated. In any R district, any dwelling shall be deemed to be a main building upon the lot upon which the same is situated.

BUSINESS or COMMERCE. The purchase, sale or other transaction involving the handling or disposition (other than as included in the term INDUSTRY as defined herein) of any article, substance or commodity for profit or livelihood, including office buildings, offices, shops for the sale of personal services, garages, outdoor advertising signs, automobile parts, automobile courts and recreational and amusement enterprises conducted for profit, but not including junk yards.

CARNIVAL. A traveling or itinerant commercial amusement enterprise consisting of sideshows, vaudeville, games, merry-go-rounds or other mechanical amusement devices temporarily located within the city. A CARNIVAL shall not be construed to include or mean a festival or amusement.

CIRCUS. A traveling or itinerant commercial amusement enterprise utilizing an enclosure of any kind, but usually circular or rectangular, partially surrounded by seats, used for exhibition or horsemanship, acrobatic performances, acts of clowns, feats of animal training or the like, temporarily located in the city.

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

COMMUNICATIONS EQUIPMENT BUILDING. A building housing electrical and mechanical equipment necessary for the conduct of a public utility communications business, with or without personnel.

COMMUNITY DEVELOPMENT DIRECTOR. The Community Development Director of the City of Riverbank. DAY CARE CENTER. Day care center means a dwelling or building or structure in which persons not of the immediate family are provided with care for compensation for a portion of the day not exceeding 12 hours in any 24hour period. A day care shall not include 24-hour care and shelter.

DWELLING. A building or portion of a building designed for residential purposes, including one-family, twofamily and multiple family dwelling but not including hotels, motels, boarding houses and lodging houses. DWELLING GROUP. A group of two or more or detached or semi-detached single-family, two-family or multiple dwellings occupying a parcel of land in one ownership.

DWELLING, MULTIPLE. A building or portion thereof used or designed as a residence for three or more families living independently of each other, and doing their own cooking in the building.

DWELLING, SINGLE-FAMILY RESIDENCE. A residential building containing one dwelling unit on one lot. All rooms within the single-family attached dwelling shall be interconnected. Single-family dwelling shall include a dwelling that is constructed for the purposes of providing supportive and transitional housing.

DWELLING, TINY HOUSE. A detached single-family residence within a tiny house village. A tiny house dwelling is defined as having a maximum floor area square footage of 800 square feet and a minimum floor area square footage of 150 square feet.

DWELLING, TWO FAMILY (DUPLEX). A detached building designed for and/or occupied exclusively for two families living independently of each other, but under one roof.

DWELLING UNIT. One or more rooms in a dwelling designed for occupancy by one family for living or sleeping purposes, and having only one kitchen.

DWELLING UNIT, ACCESSORY. An attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (A) an efficiency unit; and (B) a manufactured home.

DWELLING UNIT, JUNIOR ACCESSORY. A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

E-CIGARETTE. Any electronic or battery-operated device, the use of which may resemble smoking, that can be used to deliver an inhaled dose of vapors, including nicotine or other substances, this includes but is not limited to an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vapor cigarette or any other product name or descriptor.

EFFICIENCY KITCHEN. Means a kitchen that includes each of the following:

• (1) A cooking facility with appliances.

(2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

EFFICIENCY UNIT. Has the same meaning as defined in Cal. Health & Safety Code § 17958.1.

EMERGENCY SHELTERS. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

EMPLOYEE HOUSING. Defined the same as labor camp per Cal. Health & Safety Code § 17021.5 and § 17021.6. FAMILY. One or more persons occupying a dwelling unit and living as a single housekeeping unit, and distinguished from a group occupying a boarding house, lodging house, motel or hotel.

FAMILY DAY CARE CENTER. A day care center which also serves as the residence of the licensee.

FLOOR AREA. The sum of the gross horizontal areas of several floors of the building, excluding areas used for accessory garage purposes, and such basement and cellar areas as are devoted exclusively to uses accessory to the operations of the building. All horizontal dimensions shall be taken from the exterior faces of walls including walls or other enclosures or enclosed porches. Whenever the term is used in this title as a basis of requiring off-street parking for any structure, it shall be assumed that, unless otherwise stated, FLOOR AREA applies not only to the ground floor area but also to any additional stories or basement of the structure.

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

FLOOR AREA RATIO. The ratio of gross building floor area to total lot area expressed as such. Example: two square feet of gross floor area for each three square feet of total lot area would result in a floor area ratio of .66:1. (Ord. 87-11, passed 7-27-87)

GARAGE. An accessory building or an accessory portion of the main building, enclosed on all sides, and with a clear vertical opening not to exceed nine feet and designed or used for the shelter or storage of passenger vehicles and located on the same lot as the dwelling to which it is accessory.

(Ord. 88-14, passed 11-28-88)

GARAGE, PARKING. A building used for the parking of more than three automobiles or trucks, whether free, for compensation, or as an accommodation.

GARAGE, PUBLIC. A building other than a private garage, enclosed on all sides and used for the care, repair or equipping of automobiles, or where such vehicles are kept for hire, sale or equipping.

GARAGE SALES, YARD SALES, MOVING SALE, PATIO SALES and SIMILAR USES. The retail sale of used or secondhand goods or merchandise in connection with a lawfully existing dwelling unit on property within any zoning district provided that:

(1) No such sale shall be conducted upon the same premises for more than three consecutive days nor on more than two separate occasions within any one calendar year.

(2) No such sale shall result in the use of more than two unlighted signs not exceeding three square feet each in area. The signs to be displayed only during such times as the sale is actually being conducted.

GUEST HOUSE. Living quarters within an accessory building for temporary use by guests of the occupants of the premises. The quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling. HOME OCCUPATION. Any occupation conducted primarily within a dwelling unit and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling

purposes and does not change the residential character thereof and in connection with which there is no display nor stock in trade or commodities sold except those which are produced on the premises. The home occupation must meet the requirements of §§ 153.265 through 153.267.

HOOKAH LOUNGE. Any facility, building, structure or location, whether fixed or mobile, where customers share a pipe commonly, but not always, made of glass, used for vaporizing and smoking tobacco, flavored tobacco, shisha, dried fruits, or other substances in which vapor or smoke is passed through a water basin before inhalation. Hookah lounge includes, but is not limited to the use of a communal hookah, waterpipe, shisha, narghile, or other such smoking device.

HOSPITAL, MENTAL. An institution licensed by the state to care for or treat persons having mental or nervous disorders.

HOTEL. Any building or portion thereof, containing six or more guest rooms used, designed or intended to be used by paying guests. A motel shall be considered a hotel.

HOUSEHOLD PETS. Animals or fowl ordinarily permitted in the home and kept for company or pleasure and not for profit, such as dogs, cats and canaries, but not including a sufficient number of dogs or cats to constitute a kennel. Household pets may also include not more than a total of 12 chinchillas, hamsters, white mice or similar animals in combination.

JUNK YARD. The use of more than 200 square feet of the area of any parcel, lot, or contiguous lots or parcels for the storage or keeping of junk, including but not limited to scrap materials, surplus material, secondhand material or for the dismantling or wrecking of automobiles or other vehicles or machinery.

KENNEL. A place where four or more dogs or cats (or any combination of four or more dogs and cats) of four months of age or older are kept.

KITCHEN. Any room or space used, intended or designed to be used for cooking or for the preparation of food for one family.

LABOR CAMP. Any living quarters, dwelling, boarding house, tent, bunk house, camper, mobile home or other housing accommodation, maintained for five or more persons employed in connection with any agricultural work. LOT (includes the word PLOT ). Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this title, having not less than the minimum area required by this title for a building site in the district in which such lot is situated, and having its principal frontage on a street.

LOT, AREA. The total horizontal area included within the lot lines.

LOT, CORNER. A lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines.

LOT, DEPTH. The average distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot.

LOT, FRONTAGE. That portion of a lot abutting a public street.

LOT LINES. The lines bounding a lot.

LOT, WIDTH. The distance between the side lines of a lot measured at the building setback line.

MOBILE HOME. A vehicle designed and equipped for human habitation as defined by the Cal. Health & Safety Code § 18008.

MOBILE HOME PARK. A lot or parcel of land which is used exclusively for the parking thereon of ten or more mobile homes for a rental charge or for rent or lease of mobile homes, and for appurtenant facilities for the exclusive use of the occupants such as laundry, rest rooms, recreation and storage facilities, and mobile home, dwelling or office facility for the owner or manager.

MOTEL. Any building or group of buildings containing sleeping rooms, with or without cooking facilities, designed for temporary use by tourists or transients, with garage attached or parking space conveniently located to each unit, including auto parks, motor lodges, and tourist courts.

NONCONFORMING USE. A building or land occupied by a use that does not conform to the regulations for the district in which it is situated.

OUTDOOR ADVERTISING SIGN. Any card, cloth, paper, metal, painted glass, wooden, plaster, stone or other sign of any kind or character whatsoever placed for advertising purposes on the ground or on any tree, wall, bush, post, fence, building, structure or thing whatsoever.

OUTDOOR ADVERTISING STRUCTURE. Any structure of any kind or character erected or maintained for

outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including outdoor advertising statuary.

(Ord. 87-11, passed 7-27-87)

PARKING SPACE. An accessible and usable space on a building site of at least nine-feet by 19-feet with access for the parking of automobiles. The length of the space may be reduced by two feet if landscaped planters of sufficient width are used as curb stops.

(Ord. 90-01, passed 1-22-90)

PLANNING COMMISSION. The City Planning Commission of the City of Riverbank.

PUBLIC TRANSIT. Means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

RECREATION VEHICLE. Either of the following:

(1) A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

(a) It contains less than 320 square feet of internal living room area, excluding built-in equipment, including but not limited to wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

• (b) It contains 400 square feet or less of gross area measured at maximum horizontal projections.

• (c) It is built on a single chassis.

(d) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

(2) A park trailer designed for human habitation for recreational or seasonal use only, which meets all of the following criteria:

(a) It contains 400 square feet or less of gross floor area measured at the maximum horizontal projections. However, it may not exceed 12 feet in width or 40 feet in length in the traveling mode.

• (b) It is built on a single chassis.

(c) It may only be transported upon the public highways with a permit.

• (Cal. Health & Safety Code § 18010)

RESIDENTIAL CARE HOME. A home operated as a boarding home and in which nursing, dietary and other

personal services are furnished to convalescent, invalid or aged persons in return for compensation; but in which are performed no surgical or other primary treatments such as are customarily provided in sanitariums or hospitals and in which no persons are kept or served who normally would be admissible to a mental hospital.

ROOMING HOUSE. A dwelling, building or structure occupied by five or more persons who have agreed to pay a specific rent for a specific space as distinguished from guests subject to innkeeper's liability.

SAWMILL. Any structure or land used for the manufacture or remanufacturing of lumber or lumber products by the use of power equipment.

SERVICE STATION. A structure or area which is provided for the servicing, washing and fueling of motor vehicles, including minor repairs, and the storage and sale of merchandise and supplies, incidental thereto, provided, however, that the washing of automobiles shall be permitted only when no chain conveyor, blower or steam cleaning device is involved.

SHALL. Is mandatory and not directory.

STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. A basement shall not be considered a story when computing the height of a building.

STREET. A thoroughfare which has been dedicated or abandoned to the public and accepted by proper public

authority for a thoroughfare, not less than 30-feet wide, which has been made public by right of use and which affords the principal means of access to abutting property.

STRUCTURAL ALTERATIONS. Any changes in the supporting member of a building, such as bearing walls, columns, beams or girders.

STRUCTURE. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground but not including fences or walls used as fences not more than six feet in height or free-standing signs.

SUPPORTIVE HOUSING. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

TANDEM PARKING. Means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

TARGET POPULATION. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Services Act (Division 4.5 (commencing with §§ 4500 et seq. of the Cal. Welfare and Institutions Code)) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

TINY HOUSE VILLAGE. A minimum of five tiny house dwellings on either a single parcel or individual parcels for each tiny house dwelling as part of the same subdivision.

TRANSITIONAL HOUSING. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

TRUCK TERMINAL. The storage of one or more commercial trucks which have a body exceeding 12 feet in length in rear of the cab, or the storage of more than one truck of any type. A truck shall not be normally construed as a means of transportation in lieu of an automobile and not normally an accessory use to a dwelling.

USE. The purpose for which land or a building is designed, arranged, or intended or for which it is or may be occupied or maintained.

USE, ACCESSORY. A use incidental and secondary to the principal use of a lot or building located on the same lot as the accessory use.

USED CAR. Any automobile, pickup truck of no more than a one ton load rating or any van of no more than a one ton load rating.

VAPOR BAR. Any facility building, structure of location, whether fixed or mobile, where customers utilize a heating element that vaporizes liquid solution that releases nicotine or flavored vapor, including the use of e-cigarettes. VETERINARY HOSPITAL. An establishment for the care and treatment of animals, including household pets, livestock and commercial poultry, all facilities to be within a completely enclosed building except for exercising runs and parking of automobiles.

WRECKING YARD. The use of more than 200 square feet of the area of and lot for the storage of immobile vehicles or the dismantling or wrecking of automobiles or other vehicles or machinery.

YARD. An open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward except as otherwise provided in this title.

YARD, FRONT. A yard extending across the front of the lot and lying between the front line and a line parallel thereto, and having a distance between such parallel lines equal to the required front yard depth as prescribed in each district.

YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the buildings as prescribed for the district.

YARD, SIDE. An area extending from the front lot line to the rear lot line, and lying parallel thereto, within the lot and having a distance between such parallel lines equal to the side yard width as prescribed in each district. (Ord. 87-11, passed 7-27-87)

(`67 Code, § 10-1-3) (Am. Ord. 2015-002, passed 2-24-15; Am. Ord. 2015-009, passed 4-14-15; Am. Ord. 2017-010, passed 10-24-17; Am. Ord. 2021-007, passed 12-14-21; Am. Ord. 2023-003, passed 1-24-23)

(A) Application fee. An application fee is hereby established and imposed on applicants for a permit, a request for legislative change, or an appeal under this chapter, to cover the costs of all aspects of administration of the city planning agency and all other city departments relating to the processing and decision on the application. Application fees are intended to cover application processing, review, and evaluation; meetings, consultations, and research; hearings and appeals; preparation and revisions to plans and policies that the city is required to adopt to make necessary findings and determinations; environmental review and technical studies; consultant and legal services, city staff and administrative overhead. The amount or method of calculation of the application fee (including deposits and hourly rates), and each component of the fee, shall be established by resolution of the City Council.

(B) Application and processing fee options. Application and processing fees shall be in the amount and subject to terms as follows:

(1) Application fee based on estimate of processing costs. An application fee based on an estimate of the overall processing costs related to the application shall be paid upon submission of the application. If the actual cost of processing the application exceeds the initial deposit or fee paid, the Community Development Director may mail notice to the applicant, using the applicant's address stated in the application, specifying the amount of the additional fee and stating that the additional fee is immediately due and payable.

(2) Fee based on actual processing costs. An application fee based on actual processing costs shall be calculated using the applicable hourly rate and shall be billed and paid in accordance with administrative rules and regulations established by the planning director. Monthly invoices shall be mailed to the applicant, using the applicant's address stated in the application, specifying the amount of fees incurred.

(3) Deposit based on actual processing costs. The City Manager or Community Development Director may require a deposit or cost recovery agreement, based on the city's estimate of the overall processing costs related to the application. If a deposit is required, the application shall not be deemed complete until the applicant provides the deposit, in cash or check, to the city. A minimum balance of at least 25% of the initial deposit amount must be

maintained by the applicant at all times during the city's review and processing of the development application, unless waived by the Planning Director or City Manager because they determine that less than 25% of the initial deposit is required to finish the city's review and processing of the development application. The city shall provide monthly notices of the deposit balance to applicants. Notices shall reflect the actual costs incurred by the city in processing the application.

development application, unless waived by the Planning Director or City Manager because they determine that less than 25% of the initial deposit is required to finish the city's review and processing of the development application. The city shall provide monthly notices of the deposit balance to applicants. Notices shall reflect the actual costs incurred by the city in processing the application.

(4) Selection of application fee or deposit. The Planning Director shall determine whether the fee for an application shall be fee-based or deposit-based taking into account the project type and complexity.

(5) Suspension of application processing. The planning director shall suspend the processing of an application if the applicant does not pay any portion of an application fee or the minimum deposit within 30 days of such request by the city. The application shall be reactivated following full payment of fees or the minimum deposit, unless the application has been denied or withdrawn.

(6) Fees paid in full prior to public hearing. All application fees and actual processing costs shall be paid in full prior to (i) the first public or administrative hearing to review the application or (ii) the city's final determination regarding the application, whichever occurs first based on the type of application and required approvals. No exceptions shall be made to any developer or applicant.

(C) Appeal and modification. Notwithstanding § 153.251 of this chapter, the amount or propriety of an application fee or deposit may be appealed to the City Council. The City Council, by resolution, may waive or modify an application fee.

(D) Refund. If an application is voluntarily or involuntarily withdrawn prior to a decision on the application, the applicant may be entitled to a refund, without interest, of those portions of the application fee or deposit paid to the city for performance of services or payment of costs associated with the application that have not yet been performed or incurred. The applicant must submit an application for the refund within 30 days of withdrawal of the application. Failure to submit a timely application for a refund shall be an absolute waiver of any right to the refund. (Ord. 2014-004, passed 5-27-14)

DISTRICTS; BOUNDARIES

In order to classify, regulate and segregate the uses of land and building, to regulate the heights and bulk of buildings, and to regulate the area of yards and other open spaces about buildings and to regulate the density of population, 11 classes of districts are by this chapter established to be known as follows:

• R-1 Single-Family Residential District

• R-2 Duplex Residential District

• R-3 Multiple Family Residential District

• CX-1 Mixed Use District

• C-1 Neighborhood Commercial District

• C-2 General Commercial District

C-M Commercial Industrial District

M-1 Light Industrial District

M-2 Heavy Industrial District

F Flood Plain District

• P-D Planned Development District

• (`67 Code, § 10-2-1) (Am. Ord. 2014-006, passed 7-8-14)

MORE RESTRICTIVE USES as employed in this chapter means the following:

(A) Those uses first permitted in the R-1 district are the most restrictive.

(B) All other uses are less restrictive districts in the sequence shown P-D, R-2, R-3, CX-1, C-1, C-2, C-M, M-1 and M-2.

(`67 Code, § 10-2-2) (Am. Ord. 2014-006, passed 7-8-14)

The location and boundaries of the various districts are shown on the “Zoning Map of the City of Riverbank,” as amended, which is hereby adopted by reference and shall be treated as if set forth in full herein. The map and all notations, references, and other information shown thereon are hereby made a part of this chapter. (`67 Code, § 10-2-3)

The zoning map may, for convenience, be divided into parts and each such part may, for purposes of more readily identifying areas within such zoning map, be subdivided into units and each of such parts and units may be separately employed for purposes of amending the zoning map or for any official reference to the zoning map. (`67 Code, § 10-2-4)

Changes in the boundaries of the zones shall be made by ordinance adopting an amended zoning map, or part of the map, which the amended maps, or part or units of parts, when so adopted, shall be published in the manner prescribed by law and become a part of this chapter.

(`67 Code, § 10-2-5)

Where uncertainty exists as to the boundary of any district, the following rules shall apply:

(A) Whenever the district boundary is indicated as being approximately upon the centerline of a street, alley or block, or along a property line, then, unless otherwise definitely indicated on the map, the center line of such street, alley or block or such property line, shall be construed to be the boundary of such district.

(B) When the application of the above rules does not clarify the zone boundary location, the Planning Commission shall interpret the map.

(`67 Code, § 10-2-6)

No building shall hereafter be erected, nor shall any use of land be conducted except the use of land for agricultural purposes so that the same will be closer to the right-of-way line of any street than any official plan line or any building line which has been established for such street.

(`67 Code, § 10-2-7) (Ord. 82-7, passed 9-27-82)

SINGLE-FAMILY RESIDENTIAL DISTRICT R-1 ZONE

The following regulations shall apply in all R-1 Districts and shall be subject to the provisions of §§ 153.180 through 153.185 and §§ 153.325 et seq. of this chapter.

(`67 Code, § 10-3-1) (Am. Ord. 2017-010, passed 10-24-17)

(A) One single-family dwelling or one manufactured home provided that the manufactured home meets the following restrictions:

(1) Manufactured homes may be installed only if no more than ten years has elapsed between the date of manufacture and the date of application for a permit to install the manufactured home.

(2) Manufactured homes must be on a foundation system approved by resolution of the City Council.

(3) All manufactured homes shall be subject to review and approval by the Community Development Director with respect to orientation on the lot, siding material, roofing materials and roof overhang to ensure, to the greatest extent feasible, compatibility with surrounding structures. A pictorial representation of the proposed manufactured home shall be submitted with the application.

(4) No other dwelling units (i.e. single family, duplex, multiple family, apartments or dwelling groups) shall be allowed on the same lot.

(Ord. 87-11, passed 7-27-87; Am. Ord. 2002-001, passed 1-28-02)

(B) Accessory buildings are normally incidental to a single-family dwelling provided that such buildings are constructed concurrent with, or subsequent to the construction of the single-family dwelling. NORMALLY

INCIDENTAL shall be deemed to mean that, in addition to a garage (either attached or detached), the maximum size of the accessory building shall be determined by maximum lot coverage.

(1) A detached accessory building, other than a covered patio as defined herein, may occupy not more than 50% of a required rear yard, subject to the following requirements within an "R" district:

(a) No detached accessory building shall be closer than six feet to the main building, exclusive of roof covering;

(b) No detached accessory building shall be allowed within the required yard areas, exclusive of roof covering;

(c) Seven and one-half feet shall be the maximum height for a "shed" located at the setback line. A shed height may be increased one and one-half feet for every one foot back from the setback line to a maximum height of 15 feet;

(d) A detached gazebo shall not be located closer than six feet to the main building exclusive of roof covering; shall not exceed a maximum height of 15 feet.

(Ord. 88-14, passed 11-28-88; Am. Ord. 2004-001, passed 6-14-04)

• (C) Family day care centers limited to six paying guests.

• (D) Family day care centers for seven to 12 paying guests when the following criteria are met:

• (1) At least one off-street parking space shall be provided for each employee.

• (2) There are no other day care centers for more than six paying guests within 300 feet of the exterior boundaries of the subject site.

(3) In addition to the required employee parking, there shall be provided at least two off-street parking spaces for loading and unloading of guests. These spaces shall be so located that vehicles head in and head out without using the public street for maneuvering, loading or unloading.

• (E) Home occupations as defined in § 153.003 and regulated in §§ 153.265 through 153.267 of this chapter.

• (F) Public parks and public buildings.

(G) Temporary real estate office and sign (not to exceed 100 square feet in area) may be located on any new subdivision for a period of not more than two years from the date of recording of the map of the subdivision upon which the office and sign are located. This time limit shall automatically be extended under the conditions in § 153.285(A)(1)(g) of this chapter.

• (H) Temporary construction buildings to house tools and equipment or containing supervisory office in connection with construction projects during active construction on the same property.

• (I) Residential care homes in which no more than six persons not of the immediate family are provided with food, shelter and care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to diagnosis and treatment of disease or injury.

• (J) Signs as allowed in §§ 153.280 through 153.285.

• (K) Garage sales, as defined in § 153.003.

• (L) Temporary uses such as a circus, carnival, fair or festival provided that they meet the following requirements:

• (1) The use shall be temporary in nature and shall not last more than four days.

• (2) The organizers of the event shall notify the Riverbank Police Services Division of their intentions at least 30 days prior to the scheduled beginning of the event.

• (3) A business license shall be obtained as required by § 110.18 of the City Code.

• (4) Licenses will only be issued to local businesses or shopping centers when conducted on the same property as the business/shopping center or to local nonprofit organizations.

• (M) Temporary mobile home for ill or aged family members as regulated by § 153.219 of the City Code.

• (N) Accessory dwelling unit meeting §§ 153.325 et seq.

• (O) One duplex on a corner lot, provided that the front door and garage of each unit faces a different street and that garages are recessed five feet from living quarters subject to an architectural and site plan review application approved by the Community Development Director.

• (P) Employee housing (no more than six workers per unit and no more than 12 units or 36 beds), farmworker housing, transitional housing, supportive housing.

• (Q) Tiny house village, as defined in § 153.003 and as allowed in §§ 153.170 through 153.177.

(`67 Code, § 10-3-2) (Ord. 87-11, passed 7-27-87; Am. Ord. 2003-014, passed 11-10-03; Am. Ord. 2008-008, passed

9-8-08; Am. Ord. 2017-010, passed 10-24-17; Am. Ord. 2023-003, passed 1-24-23)

• (A) Churches and other religious institutions (excluding open-air or tent).

• (B) Schools, public utility, quasi-public buildings.

• (C) Public or private automobile parking lots when adjacent to a C or M district or to a PD district when used for commercial or industrial purposes.

• (D) Mobile home park which meets the “Mobile Home Park Standards” as adopted by resolution of the City Council.

• (E) Family day care centers for seven to 12 paying guests when the requirements of § 153.031(D) of this chapter are not met.

(`67 Code, § 10-3-3) (Ord. 92-06, passed 7-13-92; Am. Ord. 97-03, passed 1-27-97; Am. Ord. 2003-014, passed 1110-03; Am. Ord. 2008-008, passed 9-8-08; Am. Ord. 2017-010, passed 10-24-17)

• (A) Height limit.

• (1) For dwellings and other main buildings, including accessory dwelling units – 35 feet.

• (2) For accessory buildings and structures:

(a) Sheds: A subordinate structure or building used primarily for storage purposes, of a height no greater than 15 feet and the total square footage of which does not exceed 120 square feet. Sheds that exceed 120 square feet shall require a building permit;

• (b) Gazebos 15 feet: An accessory building consisting of a detached, covered, free-standing, open-air structure not exceeding 300 square feet; and

• (c) Skate ramps (half-pipes and similar structures):

1. For purposes of this section, HALF PIPE means a smooth-surfaced outdoor structure shaped like a trough and used in gravity extreme sports such as skateboarding, freestyle BMX, or in-line skating. Portions of the half-pipe may be located below ground, but in no case shall any portion of the half-pipe exceed four feet in height above ground level excluding hand rails. If a change in elevation has occurred since the original construction of the dwelling unit, for example a dirt pad constructed, the height of the half-pipe excluding hand rails shall be two feet less than the top of a surrounding six foot privacy fence.

2. Ramps shall be constructed with sound- dampening materials such as insulation, foam-board sheathing, rammed earth, and similar. Consistent with the general plan’s noise element, the recurring impulse noises created by ramps shall not exceed 55 dBA between the hours of 7:00 a.m. and 10:00 p.m. or 40 dBA between 10:00 p.m. and 7:00 a.m. Noise measurements shall be taken at a side or rear property line.

(B) No fence (excluding wire fences and non-solid fences which do not limit visibility as determined by the Planning Director) shall be constructed in excess of eight feet in height within any side or rear yard, except fences within the side or rear yard which enclose electrical substations which may be constructed to the heights required by law.

(1) Architectural accent fences. Small architectural accent fences within the required ten foot front yard setback, are allowed to be constructed no higher than three feet out to the back of the sidewalk. They shall be constructed and maintained so to be harmonious with the neighborhood. In no case may a utility meter be enclosed. Fences shall remain a minimum of three feet from all sides of a fire hydrant.

(2) Front yard courtyards. Courtyard is defined as an uncovered area partly or wholly enclosed by buildings or walls and used primarily for supplying access, light, and air to the dwelling. Walls shall not enclose more than two sides of the courtyard. Courtyard walls shall be no higher than four feet six inches. Front yard courtyard fences shall be constructed of material and colors consistent and complementary to the design of the main structure. Courtyards shall be determined by the Community Development Director and it is recognized that not all dwelling types will have a courtyard. Courtyard fences shall be located no closer than 13 feet behind the front property line.

gher than four feet six inches. Front yard courtyard fences shall be constructed of material and colors consistent and complementary to the design of the main structure. Courtyards shall be determined by the Community Development Director and it is recognized that not all dwelling types will have a courtyard. Courtyard fences shall be located no closer than 13 feet behind the front property line.

(3) Solid fences, walls, hedges and retaining walls. Solid fences, walls, hedges and retaining walls not more than seven feet in height may occupy any required yard or other space, except that fences, walls, hedges and retaining walls shall be no higher than three feet when located in the required front yard setback area, in the required setback areas along the side street of a corner lot and along the rear or side lot line of a reversed corner lot where it abuts the front yard of the adjoining key lot. Walls and retaining walls over four feet in height require engineering and a permit.

(4) Corner lots. Within the front or street side yard of a corner lot in any district there shall be no solid fence, wall or hedge height greater than three feet nor any obstruction other than a post, building column or tree not more than two feet in diameter, between the height of three feet six inches and ten feet above the top of the curb, or if no curb exists, above maximum street grade.

(5) Transparent fences. Notwithstanding any other regulation herein, fences with 90% transparency no higher than four feet may occupy the required front setback area along the side street of a corner lot and along the rear or side lot line or a reverse corner lot where it abuts the front yard of the adjoining key lot. Vision through the fence shall remain totally unobstructed at all times.

• (6) Fence height. The height of a fence shall be measured from the higher property elevation.

(7) Sight distance triangle - obstructions. No obstruction to view in excess of three feet in height shall be placed in any corner or reverse corner lot within a triangular area formed by the extension of the lot line to a point of intersection and a line connecting them at a distance of 30 feet to said intersection. Except for natural land formations, a sight distance triangle for a driveway with a distance of ten feet from back of sidewalk towards the dwelling and ten feet along the sidewalk in either direction shall be maintained free of obstructions in excess of three feet in height.

• (8) Fence permits. A fence permit, issued by the Community Development Department shall be obtained prior to the erection of any fence over six feet in height within the city.

(Ord. 87-11, passed 7-27-87; Am. Ord. 2004-001, passed 6-14-04)

• (C) Yards and open spaces required.

(1) Front yard and side yard of a corner lot - not less than ten feet from the planned right-of-way line provided that no vehicle opening of any building is closer than 20 feet to the property line or planned right-of-way line toward which the opening faces. Corner lot driveways shall not be located on the half of the lot frontage nearest the radius return, or closer than 20 feet to said radius return.

ont yard and side yard of a corner lot - not less than ten feet from the planned right-of-way line provided that no vehicle opening of any building is closer than 20 feet to the property line or planned right-of-way line toward which the opening faces. Corner lot driveways shall not be located on the half of the lot frontage nearest the radius return, or closer than 20 feet to said radius return.

• (2) Side or rear yard when lot abuts an arterial - ten feet.

• (3) Side or rear yard, interior lots all other cases - five feet.

• (4) Detached accessory buildings - six feet from any other buildings.

• (5) A detached accessory building or structure other than a covered patio as defined herein, may not occupy more than 50% of a required rear yard, subject to the following requirements:

• (a) Within an "R" District, no detached accessory building shall be closer than six feet to the main building, exclusive of roof covering.

• (b) Within the R-1 District, no skate ramp (half-pipes and similar structures) shall be closer than 12 feet to any property line and a minimum of six feet from other structures.

(Ord. 90-01, passed 1-22-90; Am. Ord. 2004-001, passed 6-14-04)

• (D) Lot coverage. No more than 50% of the lot may be covered by buildings.

• (E) Off-street parking. As required in § 153.184 of this chapter.

• (F) Minimum building size.

• (1) Single-family dwellings and mobile homes – 900 square feet.

• (2) All other uses - no minimum size.

• (G) Building site area and density required.

• (1) Maximum permissible density is eight dwelling units per net acre.

• (2) Minimum area - 6,000 square feet.

• (3) Minimum width, interior lot – 55 feet.

• (4) Minimum width, corner lot – 65 feet.

• (5) Minimum depth – 100 feet unless otherwise approved by the Planning Commission or City Council,

whichever is the final decision-making body. Plot plans of lots for which less than the minimum depth is requested, may be required to ensure that the lot is usable for residential purposes.

• (Ord. 87-11, passed 7-27-87)

(H) Open space requirements. All multiple residential uses of two or more dwelling units on one lot shall provide a fenced playground (or other open space in the case of an adult-only facility) of at least 50 square feet per unit with a minimum area of 300 square feet provided regardless of the number of units. This area shall not be a lineal open space but should have a width to depth ratio not exceeding one to two (1:2). Except in very large complexes (more than 50 units) this required open space shall be in one location.

(1) Allowed uses include playgrounds, walking and biking paths/trails, picnic areas, and community flower and vegetable gardens.

(2) Open space can be managed by a third party using land trusts or conservation easements.

(`67 Code, § 10-3-4) (Ord. 2004-001, passed 6-14-04)

(I) Landscape areas. No more than 50% of a residential front yard shall be paved and no more than 50% of a rear yard shall be paved. An interior side yard may be paved if a minimum of one foot is left unpaved along the side property line.

(J) Driveways. The minimum distance between approaches serving the same parcel of land shall be 20 feet. The minimum setback of a driveway to a side property line is five feet and from a dwelling unit three feet.

(Am. Ord. 2017-010, passed 10-24-17; Am. Ord. 2018-005, passed 8-28-18)

DUPLEX RESIDENTIAL DISTRICT R-2 ZONE

The following regulations shall apply in the R-2 districts and shall be subject to the provisions of §§ 153.180 through 153.185 of this chapter.

(`67 Code, § 10-4-1) (Am. Ord. 2017-010, passed 10-24-17)

(A) A single-family dwelling or one duplex, or two dwelling units, except that on parcels with no direct frontage on a city maintained street, only one single-family dwelling is permitted.

(B) In lieu of all the residential uses listed in division (A) above, one manufactured home per lot provided that the manufactured home meets the following restrictions:

(1) Manufactured homes may be installed only if no more than ten years has elapsed between the date of manufacture and the date of application for a permit to install the manufactured home.

• (2) Manufactured homes must be on a foundation system approved by resolution of the City Council.

(3) All manufactured homes shall be subject to review and approval by the Community Development Director with respect to siding material, roofing materials and roof overhang to ensure, to the greatest extent feasible, compatibility with surrounding structures. A pictorial representation of the proposed manufactured home shall be submitted with the application.

(4) No other dwelling units (such as, single-family or duplex) shall be allowed on the same lot.

(Ord. 87-11, passed 7-27-87; Am. Ord. 2002-001, passed 1-28-02)

(C) Accessory buildings normally incidental to dwellings provided that such buildings are constructed concurrent with, or subsequent to the construction of the dwellings. NORMALLY INCIDENTAL shall be deemed to mean that, in addition to a garage(s) (either attached or detached) as required by this title, the size of the accessory building does not exceed 20% of the living area of the dwellings.

(Ord. 88-14, passed 11-28-88)

• (D) Family day care centers limited to six paying guests.

• (E) Family day care centers for seven to 12 paying guests when the following criteria are met:

• (1) At least one off-street parking space shall be provided for each employee.

• (2) There are no other day care centers for more than six paying guests within 300 feet of the exterior boundaries of the subject site.

• (3) In addition to the required employee parking, there shall be provided at least two off-street parking spaces for loading and unloading of guests. These spaces shall be located so that vehicles head in and head out without using the

public street for maneuvering, loading, or unloading.

• (F) Home occupations as defined in § 153.003 and regulated in §§ 153.265 through 153.267.

• (G) Public parks and public buildings.

• (H) Temporary real estate office and sign (not to exceed 100 square feet in area) may be located on any new subdivision for a period of not more than two years from the date of recording of the map of the subdivision upon which the office and sign are located. This time limit shall automatically be extended under the conditions described in § 153.285(A)(1)(g).

• (I) Temporary construction building to house tools and equipment or containing supervisory offices in connection with construction projects during active construction on the same property.

• (J) Residential care homes in which less than seven persons not of the immediate family are provided with food, shelter and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to diagnosis and treatment of disease or injury.

• (K) Signs as allowed in §§ 153.280 through 153.285.

• (L) Temporary uses such as a circus, carnival, fair or festival, provided that they meet the following requirements:

• (1) The use shall be temporary in nature and shall not last more than four days.

• (2) The organizers of the event shall notify the Riverbank Police Services Division of their intentions at least 30 days prior to the scheduled beginning of the event.

• (3) A business license shall be obtained as required by § 110.18 of the City Code.

• (4) Licenses will only be issued to local businesses or shopping centers when conducted on the same property as the business/shopping center or to local nonprofit organizations.

• (M) Temporary mobile home for ill or aged family members as required by § 153.219.

• (N) Garage sales as defined in § 153.003.

• (O) Accessory dwelling unit meeting §§ 153.325 et seq.

• (P) Transitional and supportive housing.

• (Q) Tiny house village, as defined in § 153.003 and as allowed in § 153.170 through 153.177.

• (`67 Code, § 10-4-2) (Ord. 87-11, passed 7-27-87; Am. Ord. 2017-010, passed 10-24-17; Am. Ord. 2023-003, passed

• 1-24-23)

• (A) Churches and other religious institutions (excluding open-air or tent).

• (B) Schools, public utilities, and quasi-public buildings.

• (C) Public or private automobile parking lots when adjacent to any C or M district or to any PD district which is used for commercial or industrial purposes.

• (D) Mobile home parks which meet the “Mobile Home Park Standards” as adopted by resolution of the City Council.

• (E) Family day care centers for seven to 12 paying guests when the requirements of § 153.046(E) are not met.

• (F) Duplex parcels with no direct frontage on a city maintained street.

• (G) Accessory buildings that do not meet the requirements of § 153.046(C).

• (`67 Code, § 10-4-3) (Ord. 92-06, passed 7-13-92; Am. Ord. 97-03, passed 1-27-97; Am. Ord. 2003-014, passed 11-

• 10-03; Am. Ord. 2017-010, passed 10-24-17)

(A) Height limit.

• (1) For dwellings and other main buildings, including accessory dwelling units – 35 feet.

• (2) For accessory buildings - 15 feet.

• (3) No fence (excluding wire fences and nonsolid fences which do not limit visibility as determined by the

Community Development Director) shall be constructed in excess of eight feet in height within any side or rear yard, except fences within the side or rear yard which encloses electrical substations, which may be constructed to the height required by law.

(4) No fence, hedge or screen planting (excluding wire fences and nonsolid fences which do not limit visibility as determined by the Community Development Director) shall be constructed or permitted to grow in excess of three feet in height within any front yard or side yard of a corner lot.

• (B) Building site area required.

• (1) Minimum area – 6,000 square feet.

• (2) Minimum width, interior lot – 55 feet.

• (3) Minimum width, corner lot – 65 feet.

• (Ord. 87-11, passed 7-27-87)

(4) Minimum depth – 100 feet unless otherwise approved by the Planning Commission or City Council, whichever is the final decision making body. Plot plans of lots for which less than the minimum depth is requested may be required to ensure that the lot is usable for residential purposes.

• (Ord. 88-14, passed 11-28-88)

• (C) Yards and open spaces required.

(1) Front yard and side yard of a corner lot - not less than 15 feet from the planned right-of-way line, provided that no vehicle opening of any building is closer than 20 feet to the property line or planned right-of-way line toward which the opening faces.

• (2) Side or rear yard when lot abuts an arterial – ten feet.

• (3) Side or rear yard, interior lots, all other cases – five feet.

• (4) Detached accessory buildings – ten feet from any other buildings.

• (Ord. 90-01, passed 1-22-90)

• (D) Lot coverage. No more than 50% of the lot may be covered by buildings.

• (E) Off-street parking. As required in § 153.184.

• (F) Minimum building size.

• (1) Single-family dwellings and mobile homes – 900 square feet.

• (2) All other uses - No minimum size.

• (G) Density. Maximum permissible density of 12 dwelling units per net acre.

• (Ord. 87-11, passed 7-27-87)

(H) Open space requirements. All multiple residential uses of two or more dwelling units on one lot shall provide a fenced playground (or other open space in the case of an adult-only facility) of at least 50 square feet per unit with a minimum area of 300 square feet provided regardless of the number of units. This area shall not be a lineal open space but should have a width to depth ratio not exceeding one to two (1:2). Except in very large complexes (more than 50 units) this required open space shall be in one location.

(`67 Code, § 10-4-4) (Ord. 89-22, passed 1-8-90; Am. Ord. 2017-010, passed 10-24-17)

MULTIPLE FAMILY RESIDENTIAL DISTRICT R-3 ZONE

The following regulations shall apply in all R-3 districts and shall be subject to the provisions of §§ 153.180 through 153.185 of this chapter.

(`67 Code, § 10-5-1) (Am. Ord. 2017-010, passed 10-24-17)

• (A) Single-family, duplex and multiple family dwellings, apartment houses, dwelling groups, except that on parcels with no direct frontage on a city maintained street, only one single-family dwelling is permitted.

• (B) In lieu of all the residential uses listed in division (A) above, one manufactured home per lot provided that the manufactured home meets the following restrictions:

• (1) Manufactured homes may be installed only if no more than ten years has elapsed between the date of manufacture and the date of application for a permit to install the manufactured home.

• (2) Manufactured homes must be on a foundation system approved by resolution of the City Council.

(3) All manufactured homes shall be subject to review and approval by the Community Development Director with respect to lot orientation, siding material, roofing materials and roof overhang to ensure, to the greatest extent feasible, compatibility with surrounding structures. A pictorial representation of the proposed manufactured home shall be submitted with the application.

• (4) No other dwelling units (such as, single-family, duplex, multiple family, apartments or dwelling groups) shall be allowed on the same lot.

• (Ord. 87-11, passed 7-27-87; Am. Ord. 2002-001, passed 1-28-02)

(C) Accessory buildings normally incidental to permitted uses provided that such buildings are constructed concurrent with, or subsequent to the construction of the permitted use. NORMALLY INCIDENTAL shall be deemed to mean that, in addition to a garage(s) (either attached or detached) as required by this chapter, the size of the accessory building does not exceed 20% of the area of the main building.

• (Ord. 88-14, passed 11-28-88)

• (D) Family day care centers limited to six paying guests.

• (E) Family day care centers for seven to 12 paying guests when the following criteria are met:

• (1) At least one off-street parking space shall be provided for each employee.

• (2) There are no other day care centers for more than six paying guests within 300 feet of the exterior boundaries of the subject site.

(3) In addition to the required employee parking, there shall be provided at least two off-street parking spaces for loading and unloading of guests. These spaces shall be located so that vehicles head in and head out without using the public street for maneuvering, loading, or unloading.

• (F) Home occupations as defined in § 153.003 and regulated in §§ 153.265 through 153.267.

• (G) Public parks and public buildings.

• (H) Temporary real estate office and sign (not to exceed 100 square feet in area) may be located on any new

• subdivision for a period of not more than two years from the date of recording of the map of the subdivision upon which the office and sign are located. This time limit shall automatically be extended under the conditions described in

• § 153.285(A)(1)(g).

• (I) Temporary construction building to house tools and equipment or containing supervisory offices in connection with construction projects during active construction on the same property.

• (J) Residential care homes in which less than seven persons not of the immediate family are provided with food, shelter and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to diagnosis and treatment of disease or injury.

• (K) Signs as allowed in §§ 153.280 through 153.285.

• (L) Temporary uses such as a circus, carnival, fair or festival, provided that they meet the following requirements:

• (1) The use shall be temporary in nature and shall not last more than four days.

• (2) The organizers of the event shall notify the Riverbank Police Services Division of their intentions at least 30 days prior to the scheduled beginning of the event.

• (3) A business license shall be obtained as required by § 110.18 of the City Code.

• (4) Licenses will only be issued to local businesses or shopping centers when conducted on the same property as the business/shopping center or to local nonprofit organizations.

• (M) Garage sales as defined in § 153.003.

• (Ord. 87-11, passed 7-27-87)

• (N) Accessory dwelling unit meeting §§ 153.325 et seq.

• (O) Emergency shelters as defined in § 153.003.

• (P) Transitional housing as defined in § 153.003.

• (Q) Supportive housing as defined in § 153.003.

• (R) Tiny house village, as defined in § 153.003 and as allowed in § 153.170 through 153.177.

• (`67 Code, § 10-5-2) (Am. Ord. 2003-014, passed 11-10-03; Am. Ord. 2015-002, passed 2-24-15; Am. Ord. 2017-010, passed 10-24-17; Am. Ord. 2023-003, passed 1-24-23)

• (A) Churches and other religious institutions (excluding open-air or tent).

• (B) Schools, public utilities and quasi-public buildings.

• (C) Public or private automobile parking lots when adjacent to any C or M district or to any PD district which is used for commercial or industrial purposes.

• (D) Hotels, rooming or boarding houses.

• (E) Professional offices.

• (F) Labor camp.

• (G) Institutions for treatment of alcoholics.

• (H) Mobile home parks which meet the “Mobile Home Park Standards” as adopted by resolution of the City Council.

• (I) Family day care centers for seven to 12 paying guests when the requirements of § 153.061(E) are not met.

• (J) Duplex and multiple family dwellings, apartment houses and dwelling groups on parcels with no direct frontage on a city maintained street.

• (K) Accessory buildings that do not meet the requirements of § 153.061(C).

• (L) Residential care homes for more than seven persons.

• (`67 Code, § 10-5-3) (Ord. 92-06, passed 7-13-92; Am. Ord. 97-03, passed 1-27-97; Am. Ord. 2003-014, passed 1110-03; Am. Ord. 2017-010, passed 10-24-17)

(A) Height limit.

• (1) For dwellings and other main buildings three stories but in no case to exceed 45 feet.

• (2) For accessory buildings – 15 feet.

• (3) No fence (excluding wire fences and nonsolid fences which do not limit visibility as determined by the

Community Development Director) shall be constructed in excess of eight feet in height within any side or rear yard, except fences within the side or rear yard which encloses electrical substations, which may be constructed to the height required by law.

• (4) No fence, hedge or screen planting (excluding wire fences and nonsolid fences which do not limit visibility as determined by the Community Development Director) shall be constructed or permitted to grow in excess of three feet

in height within any front yard or side yard of a corner lot.

• (B) Building site area required.

• (1) Minimum area:

• (a) For one and two family dwellings or non-dwelling main buildings – 6,000 square feet.

• (b) For each unit in excess of two dwelling units – 2,000 square feet, not to exceed 20 units per net acre.

• (2) Minimum width, interior lot – 55 feet.

• (3) Minimum width, corner lot – 65 feet.

• (Ord. 87-11, passed 7-27-87)

• (4) Minimum depth – 100 feet unless otherwise approved by the Planning Commission or City Council,

whichever is the final decision making body. Plot plans of lots for which less than the minimum depth is requested may be required to ensure that the lot is usable for residential purposes.

• (Ord. 88-14, passed 11-28-88)

• (C) Yards and open spaces required - single-family dwellings, duplexes and triplexes:

(1) Front yard and side yard of a corner lot - not less than 15 feet from the planned right-of-way line, provided that no vehicle opening of any building is closer than 20 feet to the property line or planned right-of-way line toward which the opening faces.

• (2) Rear yard when lot backs up to an arterial – ten feet.

• (3) Side or rear yard, interior lots, all other cases – five feet.

• (4) Detached accessory buildings, including accessory dwelling units - ten feet from any other buildings.

• (D) Yards and open spaces required - uses other than single-family dwellings, duplexes and triplexes. The minimum setbacks shall be as required by § 153.183(D) of this chapter.

• (Ord. 90-01, passed 1-22-90)

• (E) Lot coverage. No more than 60% of the lot may be covered by buildings.

• (F) Floor area ratio requirements.

• (1) For single story buildings - 0.60:1.0.

• (2) For two story buildings - 0.80:1.0.

• (3) For three story buildings - 1.20:1.0.

• (G) Minimum building size.

• (1) Single-family dwellings and mobile homes – 900 square feet.

• (2) All other uses - No minimum size.

(`67 Code, § 10-5-4) (Am. Ord. 2017-010, passed 10-24-17)

(A) Trash storage area. Trash bins (except single-family dwellings, duplexes, or dwelling groups) shall be provided in a fully enclosed trash storage area. This area or areas shall be provided at locations that are readily accessible to residents and sanitation collectors.

(Ord. 87-11, passed 7-27-87)

(B) Landscaping plan. Landscaping plan for all uses (except single-family dwellings, duplexes and triplexes) including plant species, initial size, location, growth characteristics and method of irrigation shall be approved by the Community Development Director prior to issuance of any permit. Such required landscaping shall be installed prior to final inspection and shall be maintained by the property owner. Approval shall be based on the degree of compliance with landscape standards as adopted from time to time by City Council.

(Ord. 87-11, passed 7-27-87; Am. Ord. 89-22, passed 1-8-90)

• (C) Off-street parking. Off-street parking as required in § 153.184.

(D) Fencing. A six foot high solid fence shall be constructed along the side and rear property lines, except as otherwise prohibited in this chapter, for all apartments, dwelling groups and multiple family dwellings. (Ord. 87-11, passed 7-27-87)

(E) Open space requirements. All multiple residential uses of two or more dwelling units on one lot shall provide a fenced playground (or other open space in the case of an adult-only facility) of at least 50 square feet per unit with a minimum area of 300 square feet provided regardless of the number of

units. This area shall not be a lineal open space but should have a width to depth ratio not exceeding one to two (1:2). Except in very large complexes (more than 50 units) this required open space shall be in one location. (Ord. 89-22, passed 1-8-90)

(F) Site plan review. Proposals to construct anything other than a single-family dwelling, a duplex, a triplex or a fourplex on a parcel shall be subject to site plan review by the Planning Commission prior to issuance of a building permit. This review shall include, but not be limited to, comparison of the project with the Architectural and Subdivision Design Standards as adopted by the City Council.

(Ord. 90-01, passed 1-22-90; Am. Ord. 2017-010, passed 10-24-17)

MIXED USE DISTRICT CX-1 ZONE

District land uses, approval levels, building requirements and development standards in this chapter apply, unless altered or superseded through the use of a Planned Development Zoning District (§§ 153.160 through 153.164) or adoption by the city of a Specific Plan or similar plan. The provisions of the City Code are applicable when not otherwise addressed within this chapter or superseded through the use of a Planned Development Zoning District or adoption by the city of a Specific Plan or similar plan. Uses shall be classified by primary or dominant use. Square footage thresholds for conditional use permits are applicable to each separate use. (Ord. 2014-006, passed 7-8-14)

(A) All attached single-family and multi-family residential uses, including duplexes, apartments, condominiums, townhouses, and live-work units provided that the living units are located above the ground floor of a commercial uses or adjacent to commercial on the same property.

(B) Detached residential uses with a minimum net density of eight units per acre, including single family homes, caretaker units, and manufactured homes.

(C) Attached Higher Density Residential in a vertical and/or horizontal mixed use setting of 16 or more dwelling units per net acre. This residential use must be above (on upper stories of buildings) or adjacent to commercial operations on the same property.

(D) Office uses including administrative, professional, creative, telecommunications, flex, research, and similar office uses that are primarily worker-occupied.

(E) (1) Retail sales of goods that can generally be carried out by the customer including food and specialty foods, open air markets, small household goods, pharmaceuticals and sundries, apparel, art and supplies, antiques, furniture, appliances, electronics, books, flowers, hardware, toys, bicycles and sporting goods, music, and similar goods.

(2) Sales of alcoholic beverages require a conditional use permit in accordance with § 153.361.

(F) Service uses including personal and business services with walk-in customer service, such as beauty parlors, spas, cleaners, repair services, banks, travel or real estate agents, medical clinics, child or adult care, photocopiers,

mailing services, Laundromats, and similar uses. Rental uses of items such as party supplies, wedding apparel or tuxedos are allowed as services uses.

(G) (1) General commercial uses including entertainment uses including bars, full service restaurants, quick service restaurants (not drive through fast food), dance and exercise studios, gyms, sports facilities, game arcades, and similar uses.

(2) Sales of alcoholic beverages require a conditional use permit in accordance with § 153.361.

(H) (1) Civic uses including government offices and services, libraries, community centers, conference facilities, and similar uses.

(2) Public infrastructure including support uses include water, storm water, sewer, and utility infrastructure,

streets, sidewalks, bicycle paths, parking garages, transit stops, parks, plazas, streetscape improvements, and other public facilities.

• (I) Institutional uses including colleges, trade schools, places of worship, museums, and similar uses.

• (J) Tiny house villages, as defined in § 153.003 and as allowed in § 153.170 through 153.177.

• (Ord. 2014-006, passed 7-8-14; Am. Ord. 2023-003, passed 1-24-23)

(A) Detached residential developments comprised of more than two acres provided commercial development is in close proximity to the residential development. Assisted living facilities and nursing homes.

(B) Transient occupancy uses, including hotels, bed and breakfasts, timeshare units, and similar overnight occupancy uses.

(C) Retail sales of large items requiring outside storage or display, such as building materials and nursery goods.

(D) Light Industrial uses in new buildings provided they have a retail outlet on the same property and open to the public.

(E) Entertainment uses with live entertainment and/or amplified music/sound, including theaters for motion pictures and stage performance. This requirement does not include background sound used by most business to create an atmosphere for customers.

(Ord. 2014-006, passed 7-8-14)

Notwithstanding §§ 153.195 through 153.203, an existing use, a continuance of a prior use, or a new use similar to a prior use within an existing building, is allowed to continue or resume in the same building and/or on the same site. (Ord. 2014-006, passed 7-8-14)

(A) Height limit.

• (1) For principal buildings - not to exceed four stories or 50 feet, whichever is lesser.

• (2) For accessory buildings - 24 feet.

• (B) Yards and open spaces required.

• (1) Front, side or rear yard - the minimum setbacks shall be as required by § 153.183(D).

• (2) Detached accessory buildings - ten feet from any other buildings on the lots.

• (3) No vehicle opening of any building shall be closer than 20 feet to the property line or planned right-of-way line toward which the opening faces.

(4) Loading docks shall be located so that trucks will head in and head out and not use the public street for maneuvering, loading and unloading.

• (C) (1) Floor area ratio requirements.

• (2) No maximum FAR.

• (Ord. 2014-006, passed 7-8-14)

Applicability. District development standards in this section apply, unless altered or superseded through the use of a Planned Development Zoning District (§§ 153.160 through 153.164) or adoption by the city of a Specific Plan or similar plan. Other City Code development standards apply if not addressed in this section.

(A) Nuisances. No operation shall be conducted on any premises in such a manner as to cause an unreasonable amount of noise, odor, dust, smoke, vibration or electrical interference detectable off the site.

(B) Landscaping. A landscaping plan for all uses (except single-family dwellings, duplexes and triplexes) including plant species, initial size, location, growth characteristics and method of irrigation shall be approved by the Community Development Director prior to issuance of any permit. Such required landscaping shall be installed prior to final inspection and shall be maintained by the property owner. Approval shall be based on the degree of compliance with landscaping standards as adopted from time to time by the City Council.

(C) Trash storage area. Trash bins (except single-family dwellings, duplexes, or dwelling groups) shall be provided in a fully enclosed trash storage area. This area or areas shall be provided at locations that are readily accessible to residents and sanitation collectors.

• (D) Off-Street parking.

• (1) Non-residential uses. Not less than 2¼ spaces per 1,000 square feet of building area.

(2) Shared parking between uses with different peak demand days or times is encouraged to reduce total area used for parking. When the viability of shared parking is demonstrated by the applicant, the minimum parking ratio may be reduced by one space per 1,000 square feet of building area. Commercial parking spaces shall be provided within 600 feet of the site.

• (3) Residential uses. Not less than one space per unit.

• (4) Assisted living facilities. Not less than ¼ space per unit.

• (5) Transient occupancy uses. Not less than ½ space per room.

• (6) Parking lots shall be located to sides and rears of buildings. No more than 50% of a site's street frontage may consist of parking lot or driveway.

• (7) Uses not listed shall provide parking as required in § 153.184.

• (E) Open space requirements. All multiple residential uses of two or more dwelling units on one lot shall provide

open space of at least 50 square feet per unit with a minimum area of 300 square feet provided regardless of the number of units. This area shall not be a lineal open space, but should have a width and depth ratio not exceeding one to two (1:2). In very large complexes (more than 50 units) this required open space can be in multiple locations and all amenities approved by the Community Development Director.

(Ord. 2014-006, passed 7-8-14)

Proposals to construct anything other than a single-family dwelling on a parcel shall be subject to Site Plan review by the Planning Commission prior to issuance of a building permit. This review shall include, but not limited to, comparison of the project with the Architectural and Subdivision Design Standards as adopted by the City Council. Applications for uses requiring a conditional use permit shall conform to the requirements of § 153.216.

(Ord. 2014-006, passed 7-8-14)

NEIGHBORHOOD COMMERCIAL DISTRICT C-1 ZONE

The following regulations shall apply in all C-1 districts and shall be subject to the provisions of §§ 153.180 through 153.185 of this chapter.

(`67 Code, § 10-7-1)

The following uses shall be allowed provided that the use is conducted wholly within an enclosed building or within a six-foot high solid uniformly painted fence and that no operation shall cause an unreasonable amount of noise, odor, dust, mud, smoke, vibration, or electrical interference detectable off the site.

(A) Churches (excluding open-air or tent), day care centers, private or vocational schools, and public swimming pool.

• (B) Offices, professional and other.

• (C) Parking lots.

• (D) Public or quasi-public utilities and buildings except those listed in § 153.077(I).

• (E) Retail sales only when conducted entirely within an enclosed building, including:

• (1) Appliance (sales and service);

• (2) Bakery (no baking permitted on-site);

• (3) Camera;

• (4) Candy (no candy-making on-site);

• (5) China

• (6) Clothing;

• (7) Confections;

• (8) Drapery (sewing and sales permitted);

• (9) Pharmacy;

• (10) Dry goods;

• (11) Florists;

• (12) Food;

• (13) Groceries;

• (14) Ice dealer (less than five tons, sales only);

• (15) Jewelry (excluding wholesale manufacture);

• (16) Liquor store;

• (17) News dealer;

• (18) Radio (sales and service);

• (19) Shoes;

• (20) Stationery;

• (21) Tattoo establishments or body art establishments, subject to the requirements of Chapter 125;

• (22) Television (sales and service);

• (23) Variety; and

• (24) Other uses which are determined by the Community Development Director to be similar.

(F) Service establishments only when conducted entirely within an enclosed building, including bank, barber shop, beauty shop, cafe, clinic (except veterinary), delicatessen, dressmaking, ice cream parlor, launderette, restaurant, tailor, and upholstery.

• (G) Garage sales as defined in § 153.003.

• (H) Signs as allowed in §§ 153.280 through 153.285.

• (I) Temporary construction building to house tools and equipment or containing supervisory offices in connection with construction projects during active construction on the same property.

• (J) Temporary uses such as a circus, carnival, fair or festival, provided that they meet the following requirements:

• (1) The use shall be temporary in nature and shall not last more than four days.

• (2) The organizers of the event shall notify the Riverbank Police Services Division of their intentions at least 30 days prior to the scheduled beginning of the event.

• (3) A business license shall be obtained as required by § 110.18 of the city code.

• (4) Licenses will only be issued to local businesses or shopping centers when conducted on the same property as the business/shopping center or to local nonprofit organizations.

• (5) The use need not be in an enclosed building or fenced.

• (K) Home occupations as defined in § 153.003 and regulated in §§ 153.265 through 153.267 when conducted within an existing home.

• (L) Accessory buildings normally incidental to permitted uses, provided that such buildings are constructed concurrent with, or subsequent to the construction of the permitted use.

• (`67 Code, § 10-7-2) (Am. Ord. 98-02, passed 7-13-98; Am. Ord. 2015- 001, passed 2-24-15)

• (A) Alcohol treatment center, hospital (including mental and sanitarium).

• (B) Bakery or candy store where baked goods or candy are made on the premises.

• (C) Borrow pit to a depth of more than three feet.

• (D) Church (including open-air), fairgrounds, and race track other than as allowed in § 153.076(J).

• (Ord. 87-11, passed 7-27-87)

• (E) Duplex, dwelling group, labor camp, single-family dwelling or mobile home parks which meet the “Mobile Home Park Standards” as adopted by resolution of the City Council.

• (Ord. 88-14, passed 11-28-88)

• (F) Hobby kennels that meet the following requirements:

• (1) No more than ten dogs over four months old.

• (2) All dogs must be owned by the property owner.

• (3) Kennel must be accessory to existing single-family dwelling.

• (G) Natural mineral resources, the development of, or exploration for, together with the necessary buildings, apparatus, or appurtenances incidental thereto.

• (H) Secondhand stores or used merchandise (the sale of secondhand automobiles, wrecked automobiles, and junk

• are prohibited) offered for sale, provided that all materials displayed or offered for sale be within an enclosed building. (Am. Ord. 98-02, passed 7-13-98)

• (I) Utility facilities including communication equipment buildings and electrical substations, together with the necessary buildings, apparatus or appurtenances thereto.

• (J) One mobile home if the following requirements are met:

• (1) The mobile home shall be clearly secondary to the commercial use of the property.

• (2) There are no other residences on the property.

• (3) The mobile home shall not be rented or leased independent of the principal use to which it is necessary.

• (4) The exterior of the mobile home shall be compatible with the commercial building(s) on the property.

• (5) The permit shall be reviewed annually to ensure continued compliance with the provisions of this title.

• (6) A finding shall be made that other feasible security measures have been tried and that there is a demonstrated need for additional security.

• (K) Apartments, boarding houses, multiple dwelling, dwelling groups, and rooming houses provided it is

determined that the use will not adversely affect commercial uses in the area and that commercial uses will not adversely affect the proposed use.

• (L) Service stations (excluding major repair).

• (Ord. 87-11, passed 7-27-87)

(M) Residential care homes for more than seven persons, provided it is determined that the care home will not adversely affect commercial uses in the area and that commercial uses will not adversely affect the proposed care home.

• (Ord. 89-03, passed 6-26-89)

• (N) Emergency shelters as defined in § 153.003.

• (O) Transitional housing as defined in § 153.003.

• (P) Supportive housing as defined in § 153.003.

• (Q) Hookah lounges and vapor bars, as defined in § 153.003 and shall meet the following minimum proximity requirements:

• (1) No hookah lounge or vapor bar shall be located within 1,000 feet of any other such shop.

• (2) No hookah lounge or vapor bar shall be located within 500 feet of any parcel of land zoned for residential use.

• (3) No hookah lounge or vapor bar shall be located within 600 feet of any parcel of land that contains any one or more of the following specific land uses:

• (a) Religious facility;

• (b) Courthouse;

• (c) Day nursery;

• (d) Public playground/park/recreation area;

• (e) School;

• (f) Vocational or professional institution; or

• (g) Institution of higher education, including community or junior college, college, or university.

• (`67 Code, § 10-7-3) (Am. Ord. 2015-002, passed 2-24-15; Am. Ord. 2015-009, passed 4-14-15)

(A) Height limit.

• (1) No structure (excepting conventional television aerials) shall exceed two stories or 35 feet.

• (2) No fence, hedge, or screen planting (excluding wire fences, and non solid fences which do not limit visibility

as determined by the Community Development Director) shall be constructed or permitted to grow in excess of three feet in height within any front yard or side yard of a corner lot.

• (B) Building site area required.

• (1) Minimum area, dwellings:

• (a) For one and two family dwellings - 6,000 square feet.

• (b) For each unit in excess of two dwelling units - 2,000 square feet, not to exceed 20 units per net acre.

• (2) Minimum area, commercial uses - sufficient to provide the minimum yard and parking requirements.

• (3) Minimum width, interior lot - 55 feet.

• (4) Minimum width, corner lot - 65 feet.

• (5) Minimum depth - 100 feet.

• (Ord. 87-11, passed 7-27-87)

• (C) Yards and open spaces required - single-family dwellings, duplexes, and triplexes.

• (1) Front yard and side yard of a corner lot - none except that a building shall not be closer than ten feet to any street less than 70 feet in width.

• (2) Side or rear yard, interior lots - none except if the C-1 district abuts an R district the yard shall be five feet.

• (3) Detached accessory buildings - ten feet from any other buildings on the lots.

• (4) No vehicle opening of any building shall be closer than 20 feet to the property line or planned right-of-way line toward which the opening faces.

• (D) Yards and open spaces required - uses other than single-family dwellings, duplexes, and triplexes.

• (1) Front, side or rear yard - the minimum setbacks shall be as required by § 153.183(D).

• (2) Detached accessory buildings - ten feet from any other buildings on the lots.

• (3) No vehicle opening of any building shall be closer than 20 feet to the property line or planned right-of-way line toward which the opening faces.

• (4) Loading docks shall be so located that trucks will head in and head out and not use the public street for maneuvering, loading and unloading.

• (Ord. 90-01, passed 1-22-90)

• (E) Floor area ratio requirements - residential uses.

• (1) For single story buildings - 0.60:1.0

• (2) For two story buildings - 0.80:1.0

• (`67 Code, § 10-7-4)

(A) Nuisances. No operation shall be conducted on any premises in such a manner as to cause an unreasonable amount of noise, odor, dust, smoke vibration or electrical interference detectable off the site. (Ord. 87-11, passed 7-27-87)

(B) Screening. An eight-foot high solid, decorative masonry wall shall be constructed along the property line adjacent to any residential zone or any PD zoning for residential use except that no such wall shall be required if the property line abuts an alley.

(Ord. 90-01, passed 1-22-90)

(C) Landscaping. A landscaping plan for all uses (except single-family dwellings, duplexes and triplexes) including plant species, initial size, location, growth characteristics and method of irrigation shall be approved by the

Community Development Director prior to issuance of any permit. The required landscaping shall be installed prior to final inspection and shall be maintained by the property owner. Approval shall be based on the degree of compliance with landscape standards as adopted from time to time by the City Council.

(Ord. 87-11, passed 7-27-87; Am. Ord. 89-22, passed 1-8-90)

(D) Trash storage area. Trash bins (except single-family dwellings, duplexes, or dwelling groups) shall be provided in a fully enclosed trash storage area. This area or areas shall be provided at locations that are readily accessible to residents and sanitation collectors.

(E) Off-street parking. Off-street parking shall be provided as required in § 153.184. A circulation plan for all nonresidential uses shall be required for all new development and shall include truck loading and unloading facilities. (Ord. 87-11, passed 7-27-87)

(F) Open space requirements. All multiple residential uses of two or more dwelling units on one lot shall provide a fenced playground (or other open space in the case of an adult-only facility) of at least 50 square feet per unit with a minimum area of 300 square feet provided regardless of the number of units. This area shall not be a lineal open space but should have a width to depth ratio not exceeding one to two (1:2). Except in very large complexes (more than 50 units) this required open space shall be in one location.

(Ord. 89-22, passed 1-8-90)

(G) Site plan review. Proposals to construct anything other than a single-family dwelling, a duplex, a triplex or a four-plex on a parcel shall be subject to site plan review by the Planning Commission prior to issuance of a building permit. This review shall include, but not be limited to, comparison of the project with the Architectural and Subdivision Design Standards as adopted by the City Council.

(Ord. 90-01, passed 1-22-90)

(`67 Code, § 10-7-5)

GENERAL COMMERCIAL DISTRICT C-2 ZONE

The following regulations shall apply in all C-2 districts and shall be subject to the provisions of §§ 153.180 through 153.185 of this chapter.

(`67 Code, § 10-8-1)

For properties designated Planned Development Commercial on the land use element of the city general plan, any change in existing use of the property shall require an application for and approval of a planned development zone to conform with the requirements of §§ 153.160 through 153.164.

(`67 Code, § 10-8-2)

For those properties designated commercial on the land use element of the city general plan, the following are permitted uses, provided that the use is conducted wholly within an enclosed building or within a six-foot high solid, uniformly painted fence and that no operation shall cause an unreasonable amount of noise, odor, dust, mud, smoke, vibration or electrical interference detectable off the site.

• (A) Hotels and motels.

• (B) Churches (excluding open-air or tent), day care centers, vocational schools, and public swimming pool.

• (C) Clubhouse, community center, lodge, social hall.

• (D) Offices, professional and other.

• (E) Parking lots.

• (F) Public or quasi-public utilities and buildings except those listed in § 153.093(M).

• (G) Retail stores , wares, or other merchandise unless otherwise regulated by this chapter.

• (H) Secondhand stores or used merchandise (the operation or sale of secondhand automobiles, wrecked

automobiles, and junk are prohibited) offered for sale, provided that all materials displayed or offered for sale be within an enclosed building.

• (Ord. 87-11, passed 7-27-87; Am. Ord. 98-03, passed 7-13-98)

(I) Service establishments including automobile steam cleaning, bank, bar, barber shop, bath, beauty shop, cafe, car wash, clinic, dance studio, delicatessen, delivery service, drapery cleaning, dressmaking, drive-in restaurant, equipment rental, ice cream parlor, laboratory experimental, motion picture, testing, launderette, laundry, meat locker, mini warehouses when enclosed by a solid masonry wall at least six feet in height, museum, parking garage, photography, printing establishment, radio station, repair shops (appliance, radio, television), recreation center (when not otherwise regulated by this chapter), restaurant, sign painting, tailor, taxi stand, television studio, theater, upholstery and veterinary.

• (Ord. 88-14, passed 11-28-88)

• (J) Stamps, rubber or metal (manufacture or assembly).

• (K) Temporary construction building to house tools and equipment or containing supervisory offices in connection with construction projects during active construction on the same property.

• (L) Temporary uses such as a circus, carnival, fair or festival, provided that they meet the following requirements:

• (1) The use shall be temporary in nature and shall not last more than four days.

• (2) The organizers of the event shall notify the Riverbank Police Services Division of their intentions at least 30 days prior to the scheduled beginning of the event.

• (3) A business license shall be obtained as required by § 110.18 of the city code.

• (4) Licenses will only be issued to local businesses or shopping centers when conducted on the same property as the business/shopping center or to local nonprofit organizations.

• (5) The use need not be in an enclosed building or fence.

• (M) Signs as allowed in §§ 153.280 through 153.285.

• (N) Garage sales as defined in § 153.003.

• (O) Home occupations as defined in § 153.003 and regulated in §§ 153.265 through 153.267 when conducted within an existing home.

• (P) Accessory buildings normally incidental to permitted uses provided that such buildings are constructed concurrent with, or subsequent to the construction of the permitted use.

• (Ord. 87-11, passed 7-27-87)

• (Q) Body and fender shops subject to the following restrictions:

• (1) There shall be no painting of any kind (including spot painting) on the premises.

• (2) All work shall be conducted within the building.

• (3) The area required to meet the off-street parking requirements of § 153.184(C) shall not be used to store cars for more than 24 hours.

• (4) All cars to be stored for more than 24 hours shall be stored within the building or in a storage area that is surrounded by a six-foot high solid fence.

• (Ord. 88-14, passed 11-28-88)

• (R) Tattoo establishments or body art establishments, subject to the requirements of Chapter 125.

• (`67 Code, § 10-8-3) (Am. Ord. 2015-001, passed 2-24-15)

• (`67 Code, § 10-8-3)

For properties designated commercial on the land use element of the city general plan, the following uses are permitted subject to securing a use permit:

• (A) Alcohol treatment center, hospital (including mental and sanitarium).

• (B) Bakery or candy store where baked goods or candy are made on the premises.

• (Ord. 87-11, passed 7-27-87)

• (C) Body and fender shops if any painting is to be done subject to the following restrictions:

• (1) All work shall be conducted within the building.

• (2) The area required to meet the off-street parking requirements of § 153.184(C) shall not be used to store cars for more than 24 hours.

• (3) All cars to be stored for more than 24 hours shall be stored within the building or in a storage area that is surrounded by a six-foot high solid fence.

• (Ord. 88-14, passed 11-28-88)

• (D) Borrow pit to a depth of more than three feet.

• (E) Church (including open-air), fairgrounds, race track and open-air theater other than as allowed in § 153.092(L).

• (F) Contractor's yard, when enclosed within a six-foot high fence or screen planting.

• (G) Hobby kennels that meet the following requirements:

• (1) No more than ten dogs over four months old.

• (2) All dogs must be owned by the property owner.

• (3) Kennel must be accessory to existing single-family dwelling.

• (H) Labor camp, mobile home park.

• (I) Natural mineral resources, the development of, or exploration for, together with the necessary buildings, apparatus, or appurtenances incidental thereto.

• (J) Retail sales limited to boats, building materials, or lumber yards (must be enclosed by a six-foot fence), mobile homes, trucks and similar uses.

• (K) Secondhand stores and used merchandise (the sale, storage, or operation of automobile wrecking yards are prohibited), provided that the following criteria is met and the findings established by § 153.216, Use Permits:

• (1) Such business is carried on, maintained, and conducted entirely inside an enclosed building or buildings

unless the premises on which such business is carried on, maintained, or conducted be entirely enclosed by a solid masonry or wood fence or wall at least six feet in height and constructed according to the requirements of the Building Code as adopted in § 150.01;

• (2) Such fence or wall shall be maintained in a neat, substantial, safe condition and shall be painted;

• (3) No merchandise of said business shall be piled or permitted to be piled in excess of the height of the enclosing fence or wall or nearer than two feet thereto.

• (Am. Ord. 98-03, passed 7-13-98)

(L) Service establishments limited to bus terminals, carpet cleaning service, cemetery, draying/ freighting/storage (when provided with a lock box system so emergency personnel have access to information regarding materials currently stored on the property), massage parlor, mausoleum, and service station.

• (M) Utility facilities including communication equipment buildings and electrical substations, together with the necessary buildings, apparatus or appurtenances thereto.

• (N) One mobile home if the following requirements are met:

• (1) The mobile home shall be clearly secondary to the commercial use of the property.

• (2) There are no other residences on the property.

• (3) The mobile home shall not be rented or leased independent of the principal use to which it is necessary.

• (4) The exterior of the mobile home shall be compatible with the commercial building(s) on the property.

• (5) The permit shall be reviewed annually to ensure continued compliance with the provisions of this title.

• (6) A finding shall be made that other feasible security measures have been tried and that there is a demonstrated need for additional security.

(O) Apartments, boarding houses, multiple dwelling, dwelling groups, and rooming houses, provided that it is determined that the use will not adversely affect commercial uses in the area and that commercial uses will not

adversely affect the proposed use.

(P) Residential care homes for more than seven persons, provided it is determined that the care home will not adversely affect commercial uses in the area and that commercial uses will not adversely affect the proposed care home.

• (Ord. 89-03, passed 6-26-89)

(Q) New and used car lots in which all of the cars are in operable condition without major body damage which exceeds 20% of the fair market value of the vehicle. Such lots shall be paved and landscaped with an automatic irrigation system and shall include an office and rest room facilities. Used car lots need not be within an enclosed building or fence.

• (Ord. 98-03, passed 7-13-98)

• (R) Emergency shelters as defined in § 153.003.

• (S) Transitional housing as defined in § 153.003.

• (T) Supportive housing as defined in § 153.003.

• (U) Hookah lounges and vapor bars, as defined in § 153.003 and shall meet the following minimum proximity requirements:

• (1) No hookah lounge or vapor bar shall be located within 1,000 feet of any other such shop.

• (2) No hookah lounge or vapor bar shall be located within 500 feet of any parcel of land zoned for residential use.

• (3) No hookah lounge or vapor bar shall be located within 600 feet of any parcel of land that contains any one or more of the following specific land uses:

• (a) Religious facility;

• (b) Courthouse;

• (c) Day nursery;

• (d) Public playground/park/recreation area;

• (e) School;

• (f) Vocational or professional institution; or

• (g) Institution of higher education, including community or junior college, college, or university.

• (`67 Code, § 10-8-4) (Am. Ord. 2015-002, passed 2-24-15; Am. Ord. 2015-009, passed 4-14-15)

For properties designated commercial on the land use element of the city general plan, the following requirements apply:

(A) Height limit.

• (1) No building or structure shall exceed six stories or 70 feet, whichever is the lesser.

(2) No fence, hedge, or screen planting (excluding wire fences, and nonsolid fences which do not limit visibility as determined by the Community Development Director) shall be constructed or permitted to grow in excess of three feet in height within any front yard or side yard of a corner lot.

• (B) Building site area required.

• (1) Minimum area, residential:

• (a) First two units - 6,000 square feet.

• (b) For each unit in excess of two dwelling units - 2,000 square feet, not to exceed 20 units per net acre.

• (2) Minimum area, commercial uses - sufficient to provide the minimum yard and parking requirements.

• (3) Minimum width, interior lot - 55 feet.

• (4) Minimum width, corner lot - 65 feet.

• (5) Minimum depth - 100 feet.

• (Ord. 87-11, passed 7-27-87)

• (C) Yards and open spaces required.

• (1) Front, side or rear yard - the minimum setbacks shall be as required by § 153.183(D).

• (2) Detached accessory buildings - ten feet from any other buildings on the lots.

• (3) No vehicle opening of any building shall be closer than 20 feet to the property line or planned right-of-way line toward which the opening faces.

(4) Loading docks shall be so located that trucks will head in and head out and not use the public street for maneuvering, loading and unloading.

• (Ord. 90-01, passed 1-22-90)

• (D) Floor area ratio requirements - residential uses.

• (1) For single-story buildings - 0.60:1.0

• (2) For two-story buildings - 0.80:1.0

• (3) For three-story buildings - 1.20:1.0

• (`67 Code, § 10-8-5)

For properties designated commercial on the land use element of the general plan, the following requirements apply: (A) Nuisances. No operation shall be conducted on any premises in such a manner as to cause an unreasonable amount of noise, odor, dust, smoke vibration or electrical interference detectable off the site.

(Ord. 87-11, passed 7-27-87)

(B) Screening. An eight-foot high solid, decorative masonry wall shall be constructed along the property line adjacent to any residential zone or any PD zoning for residential use except that no such wall shall be required if the property line abuts an alley.

(Ord. 90-01, passed 1-22-90)

(C) Landscaping. A landscaping plan for all uses (except single-family dwellings, duplexes and triplexes) including plant species, initial size, location, growth characteristics and method of irrigation shall be approved by the Community Development Director prior to issuance of any permit. Such required landscaping shall be installed prior to final inspection and shall be maintained by the property owner. Approval shall be based on the degree of compliance with landscape standards as adopted from time to time by the City Council.

(Ord. 87-11, passed 7-27-87; Am. Ord. 89-22, passed 1-8-90)

(D) Trash storage area. Trash bins (except single-family dwellings, duplexes, or dwelling groups) shall be provided in a fully enclosed trash storage area. This area or areas shall be provided at locations that are readily accessible to residents and sanitation collectors.

(E) Off-street parking. Off-street parking shall be provided as required in § 153.184. A circulation plan for all nonresidential uses shall be required for all new development and shall include truck loading and unloading facilities. (Ord. 87-11, passed 7-27-87)

(F) Open space requirements. All multiple residential uses of two or more dwelling units on one lot shall provide a fenced playground (or other open space in the case of an adult-only facility) of at least 50 square feet per unit with a minimum area of 300 square feet provided regardless of the number of units. This area shall not be a lineal open space but should have a width to depth ratio not exceeding one to two (1:2). Except in very large complexes (more than 50 units) this required open space shall be in one location.

(Ord. 89-22, passed 1-8-90)

(G) Site plan review. Proposals to construct anything other than a single-family dwelling, a duplex, a triplex or a four-plex on a parcel shall be subject to site plan review by the Planning Commission prior to issuance of a building

permit. This review shall include, but not be limited to, comparison of the project with the Architectural and Subdivision Design Standards as adopted by the City Council.

(Ord. 90-01, passed 1-22-90)

(`67 Code, § 10-8-6)

COMMERCIAL-INDUSTRIAL C-M ZONE

The following regulations shall apply in all C-M districts and shall be subject to the provisions of §§ 153.180 through 153.185 of this chapter.

(`67 Code, § 10-8A-1)

The following uses shall be allowed providing that the use is conducted wholly within an enclosed building or within a six-foot high solid uniformly painted fence, and no operation shall cause an unreasonable amount of noise, odor, dust, mud, smoke, vibration or electrical interference detectable off the site:

• (A) Appliance, assembly of electrical appliance (such as, radios, phonographs, and the like).

• (B) Armature winding.

• (C) Auction house or store.

• (D) Automobile and truck service including the following:

• (1) Automobile dismantling within a building.

• (Ord. 87-11, passed 7-27-87)

• (2) Automobile repair, body work, and steam cleaning subject to the following restrictions:

• (a) There shall be no painting of any kind (including spot painting) on the premises.

• (b) All work shall be conducted within the building.

• (c) The area required to meet the off-street parking requirements of § 153.184(C) shall not be used to store cars for more than 24 hours.

• (d) All cars to be stored for more than 24 hours shall be stored within the building or in a storage area that is surrounded by a six-foot high solid fence.

• (Ord. 88-14, passed 11-28-88)

• (3) Truck repair and steam cleaning.

• (E) Bakery, retail or wholesale.

• (F) Bar.

• (G) Bottling plant, soft drinks.

• (H) Building materials or lumber yard when screened by a six-foot high solid fence or hedge.

• (I) Candy, sales and manufacture of.

• (J) Car wash.

• (K) Cemetery, columbarium, crematory, mausoleum.

• (L) Community center, social hall, lodge, clubhouse, dance studio.

• (M) Electronic instruments and equipment, assembly of.

• (N) Farm machinery, sales, storage, repair and rental.

• (O) Frozen food lockers.

• (P) Garage sales as defined in § 153.003.

(Q) Glass studio, stained, and the like, including edging, beveling and silvering in connection with sale of mirror and glass for decorating purposes.

• (R) Home occupations as defined in § 153.003 and regulated in §§ 153.265 through 153.267 when conducted within an existing home.

• (S) Hospitals, hotels, motels.

• (T) Ice dealer (less than five tons), sales only.

• (U) Milk dealer, creamery and dairy products manufacture.

• (V) Mini-warehouses when enclosed by a solid masonry wall at least six feet in height.

• (W) Offices, professional and others.

• (X) Parcel delivery service.

• (Y) Public buildings and utilities of all types.

• (Z) Parking lots.

• (AA) Recreation centers.

• (BB) Retail sales including but not limited to those listed in §§ 153.092 and 153.093(J) of the city code.

• (CC) Schools, vocational.

• (DD) Secondhand or used merchandise sales that comply with § 117.01 of the city code. Used car lots shall only be permitted when all of the cars are in operable condition without major body damage which exceeds 20% of the fair market value of the vehicle, when the lot is paved and when an office and rest room facilities are provided. Used car lots need not be in an enclosed building or fence.

• (EE) Seed processing and packaging, treatment, storage, and sales.

• (FF) Service establishments including but not limited to those listed in §§ 153.092 and 153.093(L) of the city code unless otherwise further restricted under § 153.107.

• (GG) Sheet metal shop.

• (HH) Signs as allowed in §§ 153.280 through 153.285.

• (II) Storage of boats, trailers, and RV's.

• (JJ) Swimming pool, public.

• (KK) Tattoo establishments or body art establishments, subject to the requirements of Chapter 125.

• (LL) Television or radio transmitter.

• (MM) Temporary uses such as a circus, carnival, fair, or festival, provided that they meet the following

requirements:

• (1) The use shall be temporary in nature and shall not last more than four days.

• (2) The organizers of the event shall notify the Riverbank Police Services Division of their intentions at least 30 days prior to the scheduled beginning of the event.

• (3) A business license shall be obtained as required by § 110.18 of the city code.

• (4) Licenses will only be issued to local businesses or shopping centers when conducted on the same property as the business/shopping center or to local nonprofit organizations.

• (5) The use need not be in an enclosed building or fence.

• (NN) Temporary construction building to house tools and equipment or containing supervisory offices in

• connection with construction projects during active construction on the same property.

• (OO) Theater, indoor.

• (PP) Tin smith.

• (QQ) Utilities.

• (RR) Veterinary hospital.

• (`67 Code, § 10-8A-2) (Am. Ord. 2015-001, passed 2-24-15)

• (A) Automobile and truck painting.

• (B) Amusement park, carnival, circus, fairgrounds, open-air church, open-air theater, and race track other than as allowed in § 153.106(LL).

• (C) Apartments, boarding houses, multiple dwelling, dwelling groups and rooming houses provided it is

• determined that the use will not adversely affect commercial uses in the area and that commercial uses will not adversely affect the proposed use.

• (D) Borrow pit to a depth of more than three feet.

• (E) Bus terminal.

• (F) Ceramic products, manufacture of, using previously pulverized clay and kilns fired only by electricity or low

• pressure gas.

• (G) Cleaning (including carpet) and dyeing plant.

• (H) Contractor's yard, when enclosed within a six-foot high fence or screen planting.

• (I) Draying, freighting and storage when provided with a lock box system so emergency personnel have access to information regarding materials currently stored on the property.

• (J) Dump, refuse disposal, and sewage disposal plant.

• (K) Feed and fuel (solid) yard.

• (L) Massage parlor.

• (M) Natural mineral resources, the development of, or exploration for, together with the necessary buildings, apparatus, or appurtenances incidental thereto.

• (N) One dwelling unit if the following requirements are met:

• (1) The dwelling unit shall be clearly secondary to the commercial use of the property.

• (2) There are no other residences on the property.

• (3) The dwelling unit shall not be rented or leased independent of the principal use to which it is necessary.

• (4) The exterior of any residential unit shall be compatible with the commercial building(s) on the property.

• (5) The permit shall be reviewed annually to ensure continued compliance with the provisions of this chapter.

• (6) A finding shall be made that other feasible security measures have been tried and that there is a demonstrated need for additional security.

• (O) Service station.

• (P) Tire recapping, rebuilding, retreading.

• (Q) Warehouse, wholesale building.

• (Ord. 87-11, passed 7-27-87)

• (R) Automobile repair, body work, and steam cleaning subject to the following restrictions:

• (1) All work shall be conducted within the building.

• (2) The area required to meet the off-street parking requirements of § 153.184(C) shall not be used to store cars for more than 24 hours.

• (3) All cars to be stored for more than 24 hours shall be stored within the building or in a storage area that is surrounded by a six-foot high solid fence.

• (Ord. 88-14, passed 11-28-88)

• (S) Emergency shelters as defined in § 153.003.

• (T) Transitional housing as defined in § 153.003.

• (U) Supportive housing as defined in § 153.003.

• (V) Hookah lounges and vapor bars, as defined in § 153.003 and shall meet the following minimum proximity requirements:

• (1) No hookah lounge or vapor bar shall be located within 1,000 feet of any other such shop.

• (2) No hookah lounge or vapor bar shall be located within 500 feet of any parcel of land zoned for residential use.

• (3) No hookah lounge or vapor bar shall be located within 600 feet of any parcel of land that contains any one or more of the following specific land uses:

• (a) Religious facility;

• (b) Courthouse;

• (c) Day nursery;

• (d) Public playground/park/recreation area;

• (e) School;

• (f) Vocational or professional institution; or

• (g) Institution of higher education, including community or junior college, college, or university.

• (`67 Code, § 10-8A-3) (Am. Ord. 2015-002, passed 2-24-15; Am. Ord. 2015-009, passed 4-14-15)

(A) Height limit.

• (1) No building or structure shall exceed six stories or 70 feet, whichever is the lesser.

(2) No fence, hedge, or screen planting (excluding wire fences, and nonsolid fences which do not limit visibility as determined by the Community Development Director) shall be constructed or permitted to grow in excess of three feet in height within any front yard or side yard of a corner lot.

• (B) Building site area required.

• (1) Minimum area, residential:

• (a) First two units - 6,000 square feet.

• (b) For each unit in excess of two dwelling units - 2,000 square feet, not to exceed 20 units per net acre.

• (2) Minimum area, commercial uses - sufficient to provide the minimum yard and parking requirements.

• (3) Minimum width, interior lot - 55 feet.

• (4) Minimum width, corner lot - 65 feet.

• (5) Minimum depth - 100 feet.

• (Ord. 87-11, passed 7-27-87)

• (C) Yards and open spaces required.

• (1) Front, side or rear yard - the minimum setbacks shall be as required by § 153.183(D).

• (2) Detached accessory buildings - ten feet from any other buildings on the lots.

• (3) No vehicle opening of a building shall be closer than 20 feet to the property line or planned right-of-way line towards which the opening faces.

• (4) Loading docks shall be so located that trucks will head in and head out and not use the public street for maneuvering, loading and unloading.

• (Ord. 90-01, passed 1-22-90)

• (D) Floor area ratio requirements - residential uses.

• (1) For single-story buildings - 0.60:1.0

• (2) For two-story buildings - 0.80:1.0

• (3) For three-story buildings - 1.20:1.0

• (`67 Code, § 10-8A-4)

(A) Nuisances. No operation shall be conducted on any premises in such a manner as to cause an unreasonable amount of noise, odor, dust, smoke vibration or electrical interference detectable off the site. (Ord. 87-11, passed 7-27-87)

(B) Screening. An eight-foot high solid, decorative masonry wall shall be constructed along the property line adjacent to any residential zone or any PD zoning for residential use except that no such wall shall be required in the property line abuts an alley.

(Ord. 90-01, passed 1-22-90)

(C) Landscaping. A landscaping plan for all uses (except single-family dwellings, duplexes and triplexes) including plant species, initial size, location, growth characteristics and method of irrigation shall be approved by the Community Development Director prior to issuance of any permit. Such required landscaping shall be installed prior to final inspection and shall be maintained by the property owner. Approval shall be based on the degree of compliance with landscape standards as adopted from time to time by the City Council.

(Ord. 87-11, passed 7-27-87; Am. Ord. 89-22, passed 1-8-90)

(D) Trash storage area. Trash bins (except single-family dwellings, duplexes, or dwelling groups) shall be provided in a fully enclosed trash storage area. This area or areas shall be provided at locations that are readily accessible to residents and sanitation collectors.

(E) Off-street parking. Off-street parking shall be provided as required in § 153.184. A circulation plan for all nonresidential uses shall be required for all new development and shall include truck loading and unloading facilities. (Ord. 87-11, passed 7-27-87)

(F) Open space requirements. All multiple residential uses of two or more dwelling units on one lot shall provide a fenced playground (or other open space in the case of an adult-only facility) of at least 50 square feet per unit with a minimum area of 300 square feet provided regardless of the number of units. This area shall not be a lineal open space but should have a width to depth ratio not exceeding one to two (1:2). Except in very large complexes (more than 50 units) this required open space shall be in one location.

(Ord. 89-22, passed 1-8-90)

(G) Site plan review. Proposals to construct anything other than a single-family dwelling, a duplex, a triplex or a four-plex on a parcel shall be subject to site plan review by the Planning Commission prior to issuance of a building permit. This review shall include, but not be limited to, comparison of the project with the Architectural and Subdivision Design Standards as adopted by the City Council.

(Ord. 90-01, passed 1-22-90)

(`67 Code, § 10-8A-5)

LIGHT INDUSTRIAL M-1 ZONE

The following regulations shall apply in all M-1 districts and shall be subject to the provisions of §§ 153.180 through 153.185 of this chapter.

(`67 Code, § 10-9-1)

(A) Any use permitted in § 153.106 (commercial-industrial zone) shall be permitted in the M-1 zone except dwellings unless otherwise specifically permitted in this district, hospitals, labor camps, schools, and recreation centers.

• (B) Armature winding, brewery, communications equipment building, pumping plant, stone monument sales and cutting, stone processing, transfer, utility service yard and substations.

• (C) Manufacture of advertising structures and billboards, business machines, candy, clothing, household

• equipment, musical instruments, novelties, printing establishments, shoes, soap (cold mix only), stamps (rubber and metal) textiles, and tiles (small wall and floor).

• (D) Manufacture of assembly of previously prepared materials of bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, metals (precious or semi-precious), paper, plastics, rubber, shell, stone (precious or semi-precious), straw, textiles, or tobacco.

• (E) Vocational schools or hospitals when incidental to and located upon the same property as a commercial or industrial use otherwise permitted in this District.

• (F) Boat building (limited to those craft which may be transported over a state highway without permit) and boat sales.

• (G) Contractor's yards when enclosed within a six-foot high solid fence.

• (H) Signs as allowed in §§ 153.280 through 153.285.

• (I) Garage sales as defined in § 153.003.

• (J) Fortune-telling as defined and regulated by Chapter 114 of the city code and provided that such establishments are located at least 1,000 feet apart.

• (`67 Code, § 10-9-2)

• (A) Airport landing field.

• (Ord. 87-11, passed 7-27-87)

• (B) Battery rebuilding, plastic processing, poultry and rabbit processing, rubber processing, and slaughtering.

• (Ord. 88-14, passed 11-28-88)

• (C) Amusement park, carnival, circus, fairgrounds, open-air church, open-air theater, and race track and recreation centers.

• (D) Borrow pit to a depth of more than three feet.

• (E) Ceramic products, manufacture of, using previously pulverized clay and kilns fired only by electricity or low pressure gas.

• (F) Cleaning (including carpet) and dyeing plant.

• (G) Draying, freighting and storage when provided with a lock box system so emergency personnel have access to information regarding materials currently stored on the property.

• (H) Dump, refuse disposal, and sewage disposal plant.

• (I) Feed and fuel (solid) yard.

• (J) Manufacture of cameras and photographic equipment, drugs, ice, perfumes, pharmaceutical, toilet soap and toiletries.

• (K) Natural mineral resources, the development of, or exploration for, together with the necessary buildings, apparatus, or appurtenances incidental thereto.

• (L) One dwelling unit if the following requirements are met:

• (1) The dwelling unit shall be clearly secondary to the commercial use of the property.

• (2) There are no other residences on the property.

• (3) The dwelling unit shall not be rented or leased independent of the principal use to which it is necessary.

• (4) The exterior of any residential unit shall be compatible with the commercial building(s) on the property.

• (5) The permit shall be reviewed annually to ensure continued compliance with the provisions of this title.

(6) A finding shall be made that other feasible security measures have been tried and that there is a demonstrated need for additional security.

• (M) Service stations.

• (N) Tire recapping, rebuilding, retreading.

• (O) Warehouse, wholesale building.

• (Ord. 87-11, passed 7-27-87)

• (P) Automobile repair, body work, and steam cleaning subject to the following restrictions:

• (1) All work shall be conducted within the building.

• (2) The area required to meet the off-street parking requirements of § 153.184(C) shall not be used to store cars for more than 24 hours.

• (3) All cars to be stored for more than 24 hours shall be stored within the building or in a storage area that is surrounded by a six-foot high solid fence.

• (Ord. 88-14, passed 11-28-88)

• (Q) Food processing not otherwise listed.

• (Ord. 89-02, passed 5-22-89)

• (`67 Code, § 10-9-3)

(A) Height limit.

• (1) No building or structure shall exceed six stories or 70 feet, whichever is the lesser.

• (2) No fence, hedge, or screen planting (excluding wire fences, and nonsolid fences which do not limit visibility as determined by the Community Development Director) shall be constructed or permitted to grow in excess of three feet in height within any front yard or side yard of a corner lot.

• (B) Building site area required.

• (1) Minimum area - sufficient to provide the minimum yard and parking requirements.

• (2) Minimum width, interior lot - 55 feet.

• (3) Minimum width, corner lot - 65 feet.

• (4) Minimum depth - 100 feet.

• (Ord. 87-11, passed 7-27-87)

• (C) Yards and open spaces required.

• (1) Front, side or rear yard - the minimum setbacks shall be as required by § 153.183(D).

• (2) Detached accessory buildings - ten feet from any other buildings on the lots.

• (3) No vehicle opening of any building shall be closer than 20 feet to the property line or planned right-of-way line towards which the opening faces.

• (4) Loading docks shall be so located that trucks will head in and head out and not use the public street for maneuvering, loading and unloading.

• (Ord. 90-01, passed 1-22-90)

(`67 Code, § 10-9-4)

(A) Nuisances. No operation shall be conducted on any premises in such a manner as to cause an unreasonable amount of noise, odor, dust, smoke vibration or electrical interference detectable off the site.

(Ord. 87-11, passed 7-27-87)

(B) Screening. An eight-foot high solid, decorative masonry wall shall be constructed along the property line adjacent to a residential zone or any PD zoning for residential use except that no such wall shall be required if the property line abuts an alley.

(Ord. 90-01, passed 1-22-90)

(C) Landscaping. A landscaping plan indicating plant species, initial size, location, growth characteristics and method of irrigation shall be approved by the Community Development Director prior to issuance of any permit. Such required landscaping shall be installed prior to final inspection and shall be maintained by the property owner. Approval shall be based on the degree of compliance with landscape standards as adopted from time to time by the City Council.

(Ord. 87-11, passed 7-27-87; Am. Ord. 89-22, passed 1-8-90)

(D) Trash bins. Fully enclosed trash storage areas shall be provided at locations that are readily accessible to residents and sanitation collectors.

(E) Off-street parking. Off-street parking shall be provided as required in § 153.184. A circulation plan for all nonresidential uses shall be required for all new development and shall include truck loading and unloading facilities. (Ord. 87-11, passed 7-27-87)

(F) Site plan review. Proposed buildings shall be subject to site plan review by the Planning Commission prior to issuance of a building permit. This review shall include, but not be limited to, comparison of the project with the Architectural and Subdivision Design Standards as adopted by the City Council.

(Ord. 90-01, passed 1-22-90)

HEAVY INDUSTRIAL M-2 ZONE

The following regulations shall apply in all M-2 districts and shall be subject to the provisions of §§ 153.180 through 153.185 of this chapter.

(`67 Code, § 10-10-1)

(A) Any use permitted in § 153.121 (Light Industrial District) shall be permitted in the M-2 zone.

(B) Manufacture of alcohol, brick, concrete block, concrete products, linoleum, oil cloth, terra cotta, and tile.

(C) Aircraft factory, blacksmith, boiler works, cotton gin, freight classification yard, railroad repair shop, and stone mill.

(`67 Code, § 10-10-2)

(A) Airport landing field.

(Ord. 87-11, passed 7-27-87)

(B) Automobile dismantling, battery rebuilding, blast furnace, coke oven, distillation of bones, fat rendering, garbage or dead animal disposal, plastic processing, poultry and rabbit processing, rock and gravel plant, rubber processing, slaughtering, smelting, stock yard, tannery, winery, wrecking yard, unless otherwise specifically allowed. (Ord. 88-14, passed 11-28-88)

(C) Amusement park, carnival, circus, fairgrounds, open-air church, open-air theater, and race track and recreation centers.

(D) Acetylene gas (manufacture and storage), acid (manufacture and reclaiming), asphalt (manufacture and refining), foundry and fabricating plant, gas (manufacture and processing), natural gas processing, oil extracting, dehydration or reduction facilities, oil mill, petroleum (refining and storage), potash works, milling mill, tar distillation, wood processing.

• (E) Borrow pit to a depth of more than three feet.

• (F) Ceramic products, manufacture of, using previously pulverized clay and kilns fired only by electricity or low pressure gas.

• (G) Cleaning (including carpet) and dyeing plant.

• (H) Draying, freighting and storage when provided with a lock box system so emergency personnel have access to information regarding materials currently stored on the property.

• (I) Dump, refuse disposal, and sewage disposal plant.

• (J) Feed and fuel (solid) yard.

• (K) Manufacturing and industrial uses not expressly permitted in § 153.136.

(L) Manufacture of ammonia, bleaching powder, cameras and photographic equipment, cement, drugs, explosives (including storage), fertilizer, glue, gypsum, ice, lamp black, lime, oil shellac, paint, paper, perfumes, petroleum products, pharmaceutical, plaster of paris, plastic, roofing, soap (including toilet soap and toiletries), soda and compound, tar products, turpentine, and varnish.

• (M) Natural mineral resources, the development of, or exploration for, together with the necessary buildings, apparatus, or appurtenances incidental thereto.

• (N) One dwelling unit if the following requirements are met:

• (1) The dwelling unit shall be clearly secondary to the commercial use of the property.

• (2) There are no other residences on the property.

• (3) The dwelling unit shall not be rented or leased independent of the principal use to which it is necessary.

• (4) The exterior of any residential unit shall be compatible with the commercial building(s) on the property.

• (5) The permit shall be reviewed annually to ensure continued compliance with the provisions of this title.

• (6) A finding shall be made that other feasible security measures have been tried and that there is a demonstrated need for additional security.

• (O) Service stations.

• (P) Storage of copper, junk, ore paper, rags, scrap, tin, or zinc when such storage is the primary business.

• (Q) Tire recapping, rebuilding, retreading.

• (R) Vocational schools or hospitals when incidental to and located upon the same property as a commercial or industrial use otherwise permitted in this district.

• (S) Warehouse, wholesale building.

• (Ord. 87-11, passed 7-27-87)

• (T) Automobile repair, body work, and steam cleaning subject to the following restrictions:

• (1) All work shall be conducted within the building.

• (2) The area required to meet the off-street parking requirements of § 153.184(C) shall not be used to store cars for more than 24 hours.

• (3) All cars to be stored for more than 24 hours shall be stored within the building or in a storage area that is surrounded by a six-foot high solid fence.

• (Ord. 88-14, passed 11-28-88)

• (`67 Code, § 10-10-3)

• (A) Height limit.

• (1) No building or structure shall exceed six stories or 70 feet, whichever is the lesser.

(2) No fence, hedge, or screen planting (excluding wire fences, and nonsolid fences which do not limit visibility as determined by the Community Development Director) shall be constructed or permitted to grow in excess of three feet in height within any front yard or side yard of a corner lot.

• (B) Building site area required.

• (1) Minimum area - sufficient to provide the minimum yard and parking requirements.

• (2) Minimum width, interior lot - 55 feet.

• (3) Minimum width, corner lot - 65 feet.

• (4) Minimum depth - 100 feet.

• (C) Yards and open spaces required.

(1) Front yard and side yard of a corner lot - None except no building shall be closer than ten feet to any street less than 70 feet in width.

(2) Side yard, interior lots and rear yard - none except no building shall be erected closer than 15 feet to any R district.

(3) No vehicle opening of a building shall be closer than 20 feet to the property line or planned right-of-way line towards which the opening faces.

(4) Loading docks shall be so located that trucks will head in and head out and not use the public street for maneuvering, loading and unloading.

(`67 Code, § 10-10-4)

(A) Nuisances. No operation shall be conducted on any premises in such a manner as to cause an unreasonable amount of noise, odor, dust, smoke vibration or electrical interference detectable off the site. (Ord. 87-11, passed 7-27-87)

(B) Screening. An eight-foot high solid, decorative masonry wall shall be constructed along the property line adjacent to any residential zone or any PD zoning for residential use except that no such wall shall be required if the property line abuts an alley.

(Ord. 90-01, passed 1-22-90)

(C) Landscaping. A landscaping plan indicating plant species, initial size, location, growth characteristics and method of irrigation shall be approved by the Community Development Director prior to issuance of any permit. Such required landscaping shall be installed prior to final inspection and shall be maintained by the property owner. Approval shall be based on the degree of compliance with landscape standards as adopted from time to time by the City Council.

(Ord. 87-11, passed 7-27-87; Am. Ord. 89-22, passed 1-8-90)

(D) Trash bins. Fully enclosed trash storage areas shall be provided at locations that are readily accessible to residents and sanitation collectors.

(E) Off-street parking. Off-street parking shall be provided as required in § 153.184. A circulation plan for all nonresidential uses shall be required for all new development and shall include truck loading and unloading facilities. (Ord. 87-11, passed 7-27-87)

(F) Site plan review. Proposed buildings shall be subject to site plan review by the Planning Commission prior to issuance of a building permit. This review shall include, but not be limited to, comparison of the project with the Architectural and Subdivision Design Standards as adopted by the City Council

(Ord. 90-01, passed 1-22-90)

(`67 Code, § 10-10-5)

FLOOD PLAIN DISTRICT F ZONE

The following regulations shall apply in all regulations hereinbefore specified therefor, and shall be subject to the provisions of §§ 153.180 through 153.185 of this chapter. For any district with which is combined an F district, then in such case the provisions of that subchapter shall govern.

(`67 Code, § 10-11-1)

Cross-reference:

Flood plain management, see Chapter 151

All uses permitted in the respective districts with which the F district is combined, subject to approval of design and location of building provided however, as follows:

(A) Foundation, walls, footing and type of construction shall be of a type to withstand flood conditions.

(B) The main floor levels of all dwelling units shall not be lower than an elevation established by the Council as the flood plain

(Ord. 82-7, passed 9-27-82)

(`67 Code, § 10-11-2)

PLANNED DEVELOPMENT PD ZONE

The purpose of this district is to encourage a desired level of pre-planning for the development or redevelopment of land and to establish innovative design solutions while retaining good land use relationships and compatibility with adjoining property. This district's function is to facilitate the variation of standards of the zoning code under proper planning and to achieve, where appropriate, unique and imaginative community design whenever it can be demonstrated that such variation will result in an environment superior to that possible under the normal application of city standards.

(`67 Code, § 10-12-1) (Am. Ord. 98-04, passed 7-13-98)

The following general provisions shall apply to all planned development (PD) districts:

• (A) No PD district shall be established on any parcels or a combination of parcels of less than one acre.

• (B) The PD district shall be in compliance with the general plan.

(C) Each PD district shall be numbered, the first adopted being shown on the zoning map as PD(1) and each district subsequently adopted being numbered consecutively.

(D) Development of a PD district may proceed by phases. Such phases shall be reasonable and logical in size, shape and function and in relationship to other development units within the district. A separate master plan and/or development plan shall be required for each phase of a development not included in the original master plan and/or development plan application.

(E) All land in a proposed PD district shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the development;

(F) The city may initiate a PD district where, in the opinion of the city, the establishment of such district is in the best interest of the city.

(G) The Director of Planning and Community Development may authorize the review of the master plan and development plan simultaneously.

(H) Compliance with any requirement shall not be construed to relieve an applicant from compliance with subdivision regulations, building code requirements, or any other applicable regulations of the city.

(I) Any change to an approved master plan or development plan shall be submitted to the Planning Commission and/or City Council for approval prior to said change going into effect. Minor modifications to the Master Plan or Development Plan may be approved by the Community Development Director as authorized by § 153.162(D)(6). Minor modifications considered and approved by the Community Development Director do not require public notice or hearing.

(J) Previously approved planned developments which have since expired and are established with a PD (#) zone may be processed without a new master plan but shall be processed in accordance with § 153.163. (`67 Code, § 10-12-2) (Am. Ord. 98-04, passed 7-13-98)

(A) Initiation of application. An application for a master plan for a PD district may be initiated by the property owner of record, an authorized agent or by the city in accordance with the procedures set forth in the city code.

(B) Accompanying documents. An application for a PD district shall be accompanied by a master plan (maps and explanatory text) for the entire area and such other material as specified herein. A master plan need not be prepared when the city initiates the re-zoning to a planned development district.

(C) Master plan requirements; planned development (PD) zone district. The project master plan shall, when required, set forth the following:

(1) Location and boundaries for the area proposed for the PD district, including legal description;

(2) Present and approximate proposed topography of the area including natural features that are to be retained (that is, stands of trees, rock outcroppings, streams, and the like);

(3) General categories of all proposed land uses including, but not limited to, residential, commercial and

professional centers, public buildings, school sites, recreational facilities and all common open spaces;

(4) Proposed densities of all areas indicated for residential development and coverage for commercial and industrial development;

(5) Proposed property development standards as applicable under § 153.164.

• (6) The location and width of all public and private streets and easements; and

(7) General site data, including acreage in total development, total acreage in each density and land use classification, public facilities, school site and total acreage devoted to common open space.

(D) Review and processing of master plans. The project master plan shall be subject to review by the Community Development Department and subsequent adjudication by the Planning Commission and City Council as follows:

(1) The Planning Commission shall hold a public hearing on such application and may approve or conditionally approve the master plan (rezone to PD) if it finds the criteria set forth herein have been satisfied;

(2) The Planning Commission may recommend disapproval (rezone to PD) of the master plan if it finds that any of the criteria have not been satisfied or that the master plan would be detrimental to the health, safety, convenience or welfare of the public;

(3) The decision and findings of the Planning Commission shall be forwarded along with the master plan (rezone to PD) to the City Council. The City Council shall hold a public hearing and either approve, conditionally approve or disapprove the master plan (rezone to PD). The decision of the City Council shall be final;

(4) Public hearing procedures shall be governed by §§ 153.230 through 153.235 of the city code;

(5) An application for a PD district master plan shall be accompanied by a filing fee as established by resolution, from time to time, by the City Council. The applicant shall also be responsible for all costs associated with the review of the master plan (rezone to PD) by the City Engineer and other consultants to the city;

(6) An adopted master plan may be modified upon approval by the Director of Planning and Community Development. Any modification shall be approved only when, in the opinion of the Director of Planning and Community Development, such modification is deemed minor in nature; and

(7) Where the city initiates the rezone to PD a master plan shall not be required.

(E) Required findings of fact. The Planning Commission, after a public hearing, may recommend the establishment of a master plan, PD district, and the City Council, after a public hearing, may by ordinance establish a PD district, provided that they find that the acts submitted with the application and presented at the public hearings confirm the following:

(1) Each individual unit of the development if built in stages, as well as the total development, can exist as an independent unit capable of creating a good environment in the locality and being in any stage as desirable and stable as the total development;

(2) The uses proposed will not be a detriment to the present and proposed surrounding land uses, but will enhance the desirability of the area and have a beneficial effect;

(3) Any deviation from the standard ordinance requirements is warranted by the unusual design and additional amenities incorporated in the development plan which offer certain redeeming features to compensate for any deviations that may be permitted;

(4) The principles incorporated in the proposed master plan identify unique characteristics which could not otherwise be achieved under the other zoning districts; and

(5) Where a PD rezone is initiated by the previous finds are not required nor is a master plan required. (`67 Code, § 10-12-3) (Am. Ord. 98-04, passed 7-13-98)

(A) Application.

(1) After the establishment of a PD district (approval of a master plan, where required), an application for a development plan which is in conformance with the approved project master plan shall be filed with the Planning Department and the applicable filing fee paid. The applicant shall also be responsible for all costs associated with the review of the development plan by the City Engineer.

(2) A development plan application shall be processed in the same manner as a conditional use permit and submitted to the Planning Commission for approval. Modifications to previously approved development plans shall be processed in the same manner as a conditional use permit.

(3) Where a master plan is not required and the PD rezone was initiated by the City, a development plan shall be judged upon its merits in accordance with the intent of the PD district.

(B) Scope of development plan; amendments.

(1) A development plan may cover all or a portion of the area included in the PD district. No building permit shall be issued for any new building or structure unless a development plan has been approved as specified herein. An approved development plan may be modified upon approval by the Director of Planning and Community

Development. Such modification shall be approved only when, in the opinion of the Director of Planning and Community Development, such modification is deemed minor in nature.

(2) Minor modifications may include the addition to existing buildings which do not exceed 5% of the existing floor area and modifications to signs where the square footage is not increased more than 10% of the existing square footage.

(3) The Community Development Director may approve other minor modifications that may include modification to landscape and irrigation plans, treatment of and design of screening, including fences and reconfiguration of on-site circulation and parking design that may be a benefit to the project.

(C) Development plant requirements. The development plan shall set forth the following and shall be presented in the form as may be required by the Director of Planning and Community Development:

(1) The exact boundaries and legal description of the property to be developed.

(2) All proposed improvements that are to be constructed on the land and their specific locations, including but

not limited to all residential and nonresidential structures, recreational facilities and typical plans showing walls, fences, trash areas, streets and walk areas.

• (3) Common open space showing size, general grades and function upon completion, where appropriate.

• (4) The location and dimension of all off-street parking facilities, public and private.

(5) Location and size of all public and quasi-public sites, if applicable (that is, schools, churches, parks, and the like).

(6) A tabulation of the percentage of total building coverage (enclosed structures) of the development for each land use classification.

• (7) A tabulation of densities within each project area or sector.

(8) Building elevation of the architectural style(s) to be constructed. Elevations shall identify exterior materials,

type of roofing, screening of mechanical equipment both on the ground and roof-mounted, and color scheme. All structures shall be designed and oriented for passive energy savings.

(9) A schematic landscaping plan indicating the type and size of plant material to be used and the method of providing permanent maintenance to all planted areas and open space. This shall include a street tree planting plan in accordance with § 96.03 of the code.

(10) If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the State Subdivision Map Act and Title XV of the city Code with the exception that any permit issued in conjunction with a tentative subdivision map shall expire no sooner than the approved tentative map, or any extension hereof.

(11) An anticipated development schedule from ground breaking to occupancy.

(12) Optional items such as an economic feasibility study and/or traffic and noise analysis may be required at the discretion of the Community Development Director.

• (D) Design guidelines. The following design guidelines are established for all PD districts:

(1) The overall plan shall achieve a harmonious and integrated relationship among the land, buildings and uses.

(2) Private and common open space, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities when proposed by the applicant or required by the city shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. When the design consists of single-family dwellings with private open space, such private open space, fronting public or private roads and exterior side yards, shall be landscaped.

(3) The layout of structures and other facilities which effect a conservation in street and utility improvements in relationship to other economic and environmental concerns shall be encouraged.

(4) Recreational areas (active and passive) when proposed by the applicant or required by the city shall be generally dispersed throughout the development and shall be easily accessible from all residential units within a PD district.

(5) Architectural variety, as well as the establishment of compatible architectural styles and environmental harmony within the development shall be attained. All structures shall be designed for passive energy savings.

(6) Fencing and screening shall be incorporated into the design of the project when proposed by the applicant or required by the city.

(E) Uses permitted within a development. Uses permitted within a development shall be those uses permitted by right in the base zone district. Uses requiring a conditional use permit in the base zone district shall require Development Plan application submittal and approval.

(`67 Code, § 10-12-4) (Ord. 87-11, passed 7-27-87; Am. Ord. 98-04, passed 7-13-98)

The following property development standards shall apply to all land and buildings in a PD district:

(A) Lot areas. No provision for individual land uses; however, the total lot area of the PD district shall not be less than one acre.

(B) Lot coverage. In the area covered by the development plan, exclusive of all dedicated public rights of way, the minimum lot coverage shall be as approved by the Planning Commission or City Council.

• (C) Lot dimensions. All lot dimensions shall be as approved by the Planning Commission or City Council.

• (D) Setback requirements. All setback requirements shall be as approved by the Planning Commission or City Council.

• (E) Distance between buildings. No provisions, except that all buildings shall be shaped, designed and organized to allow adequate access of persons, light and air as approved by the Planning Commission or City Council.

• (F) Building heights. As approved by the Planning Commission or City Council.

(G) Design review and site plan approval. No application is required; however, approval shall be accomplished through the approval of the conditional use permit required for the development plan. The Planning Commission or City Council shall have the approval authority of the architectural style and design of the development within the PD district. Unless otherwise approved, single-family roof-mounted heating and air conditioning and other mechanical equipment must be screened with solid material for a minimum line of sight of 20 feet.

• (H) Yards, Landscaping, Open Space Requirements.

• (1) Yards. All front, side and rear yards shall be shown on the development plan and approved by the Planning Commission depending on the placement and type of structures.

• (2) Landscaping.

• (a) All common open space not utilized for off-street parking shall be landscaped.

(b) A landscaping plan and street tree planting plan, including a permanent underground irrigation system, which also shows finished grades for the entire project shall be approved by the Director of Public Works prior to the issuance of any building permit.

(c) All private yards and open space facing or adjacent to a public or private roadway shall be landscaped and an underground irrigation system shall be installed prior to occupancy of any unit or building. Such landscape plan and irrigation system is subject to approval by the Director of Public Works.

• (3) Open Space Requirements.

• (a) Private Open Space. For all ground level dwelling units, a minimum of 400 square feet of private open space per unit shall be provided.

(b) Common Open Space. Where proposed by the applicant or required by the city, the minimum common open space requirements shall be as follows:

1. Single-family units. 35% of the gross designated single-family area.

2. Two-family units. 30% of the gross designated two-family area.

3. Three to nine-family units. 25% of the gross designated medium density multiple-family areas.

4. Ten or more units. 20% of the gross designated high density multiple-family area.

5. Commercial/Industrial buildings. As approved by the Planning Commission or City Council.

(I) Fences, hedges, and walls. The type, size and location of all fences, hedges and walls shall be as shown on the proposed development plan.

(J) Off-street parking requirements. Off-street parking requirements and standards for all uses shall be the same as the requirements specified for the same or similar uses in §§ 153.180 through 153.185 of this chapter.

(K) Off-street loading requirements. Off-street loading requirements and standards shall be the same as those specified for the same or similar uses in §§ 153.180 through 153.185 of this chapter.

(L) Access.

• (1) Vehicular access.

(a) There shall be vehicular access from a dedicated street or alley to off-street parking facilities on property requiring off-street parking;

(b) All ingress to and egress from public property shall be in a forward motion, except for single and twofamily residences abutting on local streets.

(2) Pedestrian access. There shall be pedestrian access from a private or dedicated street to property used for residential purposes. A driveway shall be considered pedestrian access.

(M) Signing. Sign restrictions for all uses shall be the same as those specified for the same or similar uses in §§ 153.280 through 153.285 of this chapter.

(N) Laundry, clothes drying areas, facilities. For all residential uses, there shall be provided on the subject lot adequate (as determined by the Planning Commission) laundry and clothes drying areas and facilities which shall not be visible from adjacent, adjoining or public property.

• (O) Solid waste storage, disposal facilities.

(1) For all uses, no open storage of solid waste allowed;

(2) For all residential uses, each dwelling unit shall have a minimum of 10 cubic feet of enclosed and concealed trash containers;

(3) All other uses determined by the Planning Commission to need solid waste storage and/or disposal facilities shall provide such facilities sufficiently concealed from public view.

(P) Recreational facilities. Recreational facilities shall be as approved by the Planning Commission.

(Q) Park-in-lieu fees. Park land dedication or in-lieu fees shall be required of all new residential uses in the PD district, subject to credit for open space provided as determined by the Community Development Director.

(R) Security plan. All multiple-family residential complexes greater than 50 units shall submit a security plan for review and approval by the City Planning and Sheriff's Department.

(S) Security lighting. All multiple-family residential complexes shall provide security lighting as approved by the City Planning and Sheriff's Department.

(T) Recreational vehicles and trailers. Parking or storage of recreational vehicles, motor homes, boats or other similar recreational equipment and trailers within the front yards of interior lots and the front and exterior side yards of corner lots, including the driveways of said lots, shall be prohibited. The placement of said recreational equipment when stored within a permitted side or rear yard shall be screened from adjacent properties.

(`67 Code, § 10-12-5) (Ord. 89-22, passed 1-8-90; Am. Ord. 98-04, passed 7-13-98)

TINY HOUSE VILLAGES

• (A) The purpose of this subchapter is to:

• (1) Provide development regulations for tiny house villages, which support a diversity of housing choices to meet a wide variety of housing needs;

(2) Encourage creation of more usable space for residents of tiny house village developments through flexibility in lot standards;

(3) Ensure that the overall size, including bulk and mass of tiny house village structures remains smaller and incurs less visual impact than standard size single-family dwellings, particularly given allowed intensity of tiny house village developments;

(4) Provide a centrally located and functional common open space area that fosters a sense of community and a sense of openness in tiny house village developments;

(5) Provide private areas around the individual tiny house dwellings to enable diversity in landscape design and foster a sense of ownership; and

(6) Ensure minimal visual impact from vehicular use and storage areas for residents of the tiny house village development as well as adjacent properties, and to maintain a detached single-family character along public streets. (Ord. 2023-003, passed 1-24-23)

(A) The regulations in this subchapter apply to tiny house village developments in zones where such uses are permitted.

(Ord. 2023-003, passed 1-24-23)

(A) The density shall adhere to the density requirements set forth in the General Plan.

(B) The maximum density shall be one tiny house per every 1,800 square feet of lot area. When calculating the number of units allowed, fractional units shall be rounded down to the nearest whole number. (Ord. 2023-003, passed 1-24-23)

Tiny house village units may not be rented on a transient basis (periods less than 30 days). (Ord. 2023-003, passed 1-24-23)

(A) Parcel size. The minimum parcel size for one tiny house dwelling shall be 1,800 square feet and adhere to the following minimum dimensions:

• (1) Minimum width, interior lot - 30 feet;

• (2) Minimum width, corner lot - 40 feet; and

• (3) Minimum depth - 60 feet.

(B) Floor area . The total floor area of each tiny house shall not exceed 800 square feet and shall be a minimum size of 150 square feet. Exclusions from the total floor area calculation:

(1) Architectural projections, such as bay windows, fire places or utility closets no greater then 18 inches in depth;

• (2) Spaces with ceiling height of five feet or less; and

• (3) Other exemptions similar in nature provided in the intent of this title is met and upon approval of the Community Development Director.

• (C) Lot coverage . No more than 50% of the lot may be covered by buildings.

• (D) Height . The maximum height shall not exceed 20 feet. Structures with pitched roofs with a minimum slope of

6:12 may extend up to 30 feet at the ridge of the roof. Accessory structures will be subject to the height requirements listed in § 153.033.

• (E) Yards .

• (1) Front yard - ten feet.

• (2) Side yard - four feet.

• (3) Corner side yard - ten feet.

• (4) Rear yard - ten feet.

• (5) Garage - 18 feet.

• (6) Projections may extend into the required yard distances as follows:

• (a) Eaves may extend up to 24 inches.

• (b) Architectural projections, such as bay windows, fireplaces, or utility closets no greater than 18 inches in depth or six feet in width.

• (c) Minor appurtenances such as pipes, gas and electrical meters, alarm systems, air vents and downspouts no greater than 18 inches in depth.

• (d) HVAC equipment no greater than 24 inches.

• (e) Exterior stairways . Exterior stairways that provide access to an upper level are not allowed within the front yard.

• (7) The minimum separation between buildings shall be consistent with the city-adopted building code.

(F) Fencing . Fence requirements for tiny house villages are listed in § 153.033.

• (G) Patios and porches .

• (1) Tiny house units may have a covered porch, or entry at least 60 square feet in size with a minimum depth of six feet and minimum width of eight feet.

(2) Patio or patio railing within the private open space should be semi-transparent and a maximum height of three feet.

• (H) Lighting . Common open space areas and access driveways, drive aisles and off-street parking areas shall be provided with lighting.

(I) Off-street parking .

(1) The minimum number of parking spaces required for tiny house units shall be one parking space per dwelling unit, plus one parking space of guest parking. Guest parking may be in tandem with the off-street parking space for the tiny house unit.

(2) Common parking areas shall be configured in clusters and provided throughout the tiny house village development. The minimum number of parking spaces shall be 0.8 parking space per dwelling unit and the common parking area locations shall be determined by the Community Development Director on a case-by-case basis.

(3) Off-street parking can be located within an accessory structure such as a carport or garage, such structures shall not be attached to individual tiny house units. Uncovered parking is also permitted.

• (J) Design standards .

(1) Orientation and building facades . Each building abutting a public street shall have a minimum of four of the following building elements, features, and treatments incorporated into the street-facing façade:

• (a) Windows with visible trim and mullions or recessed windows.

• (b) Dormers.

• (c) Bay windows.

• (d) Entry enhancement such as a well detailed door (multi-panel or glass insert), window adjacent to front door

• (sidelite).

• (e) Variation in roof or building colors and materials, on individual units, such as brick, stone or other masonry accents.

• (f) Other building elements, treatments, features, or site designs approved by the Community Development Director that provide variety and visual interest.

(2) Units that are on the interior of a development should be oriented toward the common open space or parking areas.

• (K) Pedestrian connectivity .

(1) The pedestrian circulation system shall connect all main entrances on the site. For tiny house units fronting the street, the public sidewalk may be used for this standard.

• (2) Direct pedestrian access should be provided to adjacent, publicly accessible parks, open space, and trails, transit, rideshare, and bicycle storage facilities, where feasible.

• (3) Pedestrian walkways shall be separated from structures by at least three feet.

(4) Pathways in common open space and other shared areas of the development shall meet Americans with Disabilities Act (ADA) standards.

(L) Restrictions . The size of a tiny house dwelling may not be increased beyond the maximum floor area in §

153.174(B). A deed restriction shall be placed on the property notifying future property owners of the size restriction. (Ord. 2023-003, passed 1-24-23)

(A) Landscape areas. Landscape areas shall be subject to the landscape requirements in § 153.033.

(B) Common open space. Common open space shall be one or more areas that are designed and maintained for recreation, gardening, and similar activities to all residents. Common open space shall total at least 50 square feet per unit with a minimum area of 300 square feet provided regardless of the number of units.

(C) Private open space. Each residential unit in a tiny house village development shall have a private open space. Private open space shall be separate from the common open space to create a sense of separate ownership.

(1) Each unit shall be provided with a minimum of 200 square feet of usable private open space. Private open space may include gardening areas, patios or porches.

(2) No dimension of the private open space shall be less than eight square feet.

(Ord. 2023-003, passed 1-24-23)

Accessory structures that serve on-site units and are subordinate in use and scale to the tiny house village development are allowed subject to lot coverage limitations in § 153.174.

(Ord. 2023-003, passed 1-24-23)

(A) Proposals to construct a tiny house village development shall be subject to an Architecture and Site Plan Review by the Planning Commission prior to the issuance of a building permit. Architecture and Site Plan Review entitlements are subject to the provisions in § 153.217 of this chapter.

(B) The Community Development Director may allow minor deviations to the requirements for tiny house village proposals described in §§ 153.170 through 153.177, provided that such deviations are consistent with the purposes of this chapter and subject to Architecture and Site Plan Review by the Planning Commission. (Ord. 2023-003, passed 1-24-23)

GENERAL REGULATIONS

(A) If ambiguity arises concerning the appropriate classification of a particular use with the meaning and intent of this chapter, or with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth herein and as they pertain to unforeseen circumstances, including technological changes in processing of materials, it shall be the duty of the Planning Commission to ascertain all pertinent facts and by resolution set forth its findings and its interpretations, and therefore such interpretations shall govern.

(B) The provisions of §§ 153.180 through 153.185 shall not apply to poles, lines, or other structures or facilities used or usable by any irrigation district or public utilities company, solely for the purpose of producing, transmission and/or distribution of electricity, signal or communication circuits and shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipelines, and electric or telephone transmission lines or railroads when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the State of California within rights-of-way, easements, franchise, or ownership of such public utilities.

(C) Accessory buildings appurtenant to a permitted use shall be allowed only when constructed concurrent with or subsequent to the main buildings.

(`67 Code, § 10-13-1)

Chimneys, communication towers, mechanical appurtenance, monuments, spires, campaniles, public and quasipublic buildings may be permitted in excess of height limits for the various districts, provided, use permit shall first be obtained in each case. Flag poles are permitted without height limitations and conventional television antennas, not over 60 feet in height, are permitted in all districts. Trees in excess of three feet in height are permitted in any required front yard or side yard of a corner lot, provided that the branches, at maturity, are not closer than eight feet to the ground.

(`67 Code, § 10-13-2)

Lots of less than the minimum required area, width, or depth in any district which are of record at the time of adoption of the code, such lot shall be deemed to have complied with the minimum required lot area, width and depth as set forth in any such district or precise plan. On any substandard lot the minimum yard requirements of the district in which it is located still apply.

(`67 Code, § 10-13-3)

(A) For the purpose of computing front yard dimensions the measurements shall be taken from the nearest point of the front wall of the building to the street line, provided, however, that if an official plan line has been established for the street, the measurement shall be taken from the point of building to such official plan line, except that certain architectural features hereinafter shall not be considered in making such measurements, to wit:

(1) Cornices, canopies, coves, or other architectural features may extend into any required yard a distance not to exceed three feet.

(2) Fire escapes, landing places and uncovered porches may extend into the required yard a distance not to exceed six feet but in no case may they be so located that access to the rear of the property is impaired.

(3) Solid fences, hedges and screen planting not to exceed three feet in height may extend to the property line in the front yard.

(4) Solid fences, hedges, and screen planting may be established or permitted to grow in any side or rear yard to the height allowed in the zoning district in which the property is located.

(5) Fireplaces may extend into any required yard a distance not to exceed two feet.

(B) Notwithstanding the minimum front and side yard requirements for the various districts, as provided in this chapter, no structure (excluding, however, open wire fences, electroliers without attached advertising signs, utility poles, solid fences or screen planting not more than three feet in height, and trees in excess of three feet in height, provided that the branches at maturity are not closer than eight feet to the ground) shall be located closer to the highway center line than as indicated, on the following specified highways:

(1) Patterson Road, from the westerly city limits to its intersection with Callander Avenue: 75 feet. The right-ofway on the section of Patterson Road shall be 110 feet.

(2) Callander Avenue, from its intersection with Patterson Road to its intersection with Atchison Street: 70 feet. The right-of-way on the section of Callander Avenue shall be 100 feet.

(3) Claus Road: 70 feet. The right-of-way for Claus Road shall be 50 feet. Where a specific plan line has been established it shall be used as the ultimate right-of-way.

(4) That portion of Roselle Avenue which is presently in the city limits: 53 feet. The right-of-way for the portion of Roselle Avenue which is now in the city limits shall be 66 feet. The HIGHWAY CENTER LINE , as that phrase is used in this subsection, refers to the following described center line:

COMMENCING at the quarter section corner common to Section 25 and Section 26, Township 2 South, Range 11 East, Mount Diablo Meridian, thence easterly along the center line of Patterson Road, a distance of three feet to the proposed center line of Roselle Avenue, the point being the true point of beginning of this description.

Thence South 0° 12' West parallel to and 3 feet at right angles to the westerly line of Section 25 a distance of 1854.00 feet more or less to the existing city limits (1974) of the city.

(Ord. 87-11, passed 7-27-87)

(C) No mechanical equipment, including pool equipment, that is permanently fixed shall be permitted to occupy any of the required setback areas.

(Ord. 88-14, passed 11-28-88)

(D) Minimum setbacks for multi-family buildings, commercial uses and industrial uses shall be as follows:

(1) The minimum setback of a building adjacent to a public right-of-way shall be 15 feet and shall be determined by a 60° vertical angle beginning at the edge of the right-of-way and extending onto the property, as illustrated in the following table.

(2) The minimum setback of a building from a property line shall be 15 feet and shall be determined by a 60° vertical angle beginning at the property line and extending onto the property, as illustrated in the following table.

(3) The minimum setback of a building adjacent to residential districts shall be 25 feet and shall be determined by a 60° vertical angle beginning at the property line and extending onto the property, as illustrated in the following table.

In determining the height of the building for the purpose of this section, the level of the ground shall be deemed to be the level of the ground of the adjacent residential district. (Please note that additional setbacks are required for the height of the building when adjacent to residential areas.)

MINIMUM SETBACKS

BASED ON 60-DEGREE ANGLE

MINIMUM SETBACKS

BASED ON 60-DEGREE ANGLE

(in feet) Minimum Setback Building Height Minimum Setback When Adjacent to Residential Zone

MINIMUM SETBACKS

BASED ON 60-DEGREE ANGLE

(`67 Code, § 10-13-4) (Ord. 90-01, passed 1-22-90)

(A) Churches, lodges, and places of public assembly. One space for every three fixed seats, or for every three persons allowed under the maximum capacity established by the Fire Warden where there are no fixed seats, in the main place of assembly.

(Ord. 87-11, passed 7-27-87)

(B) Dwellings.

(1) Single-family and manufactured housing, financed by FmHA, one one-car garage of the maximum size permitted by FmHA and one additional off-street parking space which may be located adjacent to the driveway.

(2) Single-family dwelling and manufactured housing, a two-car garage, with a minimum clear width of 18 feet and a clear depth of 19 feet six inches in the direction of travel, must be provided. No appliances or other objects may intrude into the garage space area.

(3) Single-family dwelling built prior to January 1, 1990, one one-car garage may be constructed if there is inadequate area for a two-car garage. This provision would not apply to garage conversions or other requirements of this section.

(Ord. 92-17, passed 12-14-92)

• (4) Two-family dwelling, duplex or multiple dwelling: may be covered or uncovered.

• (a) Zero to one bedroom – one onsite parking space;

• (b) Two to three bedrooms – one and one half onsite parking spaces; and

• (c) Four or more bedrooms – two and one half onsite parking spaces.

• (5) Rooming or boarding house: one space for every 300 square feet of ground floor area. Spaces inside a garage may be counted toward meeting the requirement.

• (Ord. 2000-05, passed 4-24-00)

• (C) Garage and repair shops. One space for every 300 square feet of gross floor area.

• (Ord. 88-14, passed 11-28-88)

• (D) Hospital. One and one-half spaces for each bed.

(E) Manufacturing or assembly plants and wholesale warehouses. One space for each employee on a maximum shift plus three additional spaces or, when the number of employees cannot be determined, one space for every 300 square feet of gross floor area.

• (F) Mobile home parks. Two spaces for each mobile home space plus one visitor parking space for every five mobile home spaces. Excluding visitor parking, the spaces may be constructed in tandem.

• (G) Mortuaries. One space for every five seats, or one space for every 35 square feet in assembly rooms where seating is not fixed.

• (H) Motels and hotels. One space for each sleeping room or dwelling unit.

• (I) Office buildings.

• (1) Banks and financial institutions. One space for every 300 square feet of gross floor area.

• (2) General business and professional offices. One space for every 300 square feet of gross floor area.

• (3) Medical-dental offices and clinics. One space per doctor and each employee, plus one space per individual

examining room or one space for every 100 square feet of gross floor area where the number of examining rooms is unknown.

• (J) Recreational uses.

• (1) Bowling alleys. Five spaces per lane.

• (2) Dance hall and amusement centers. Twenty five spaces per 1,000 square feet of gross floor area.

• (3) Stadiums and theaters. One space for every three seats.

• (K) Restaurants and bars. One space per three seats plus any additional spaces as prescribed by the Community Development Director. This division is subject to appeal to the City Council and Planning Commission.

• (L) Rest home or nursing home. One space for each employee on a maximum shift plus one space for every eight beds.

• (M) Retail stores and service establishments.

• (1) Community and regional shopping center. Eight spaces per 1,000 square feet of gross floor area and one offstreet truck unloading space for each 7,500 square feet of gross floor area.

• (2) Flea markets. Eight spaces per 1,000 square feet of indoor or outdoor sales area.

• (3) Vehicles sales establishment. One space for each employee on a maximum shift plus one customer parking space per every 20 vehicles for sale.

• (4) All other retail store and service establishments. One space for every 300 square feet of gross floor area and one off-street truck unloading space for each 7,500 square feet of gross floor area.

• (N) Schools.

• (1) Elementary. Two paces for each classroom.

• (2) High school and trade school . One space for every five seats.

• (3) Colleges. One space for every three seats.

(O) Combined uses. The number of required spaces shall be determined by combining individual requirements for each use.

(P) Other uses. All other uses not set forth above shall be determined by the Planning Commission based on the intensity of use by motor vehicles.

(Q) Location. No required off-street parking spaces shall be located within the building setback area or any required yard space, nor shall the spaces be allowed in tandem.

(R) Commercial spaces. All commercial and other parking spaces shall be located within 300 feet of the use which they are to serve.

(S) Existing buildings. None of the off-street parking requirements shall apply to any building in existence at the time of the effective date of this chapter, provided that changes in use of the building do not increase demand for spaces and provided that any portion of the premises being used for off-street parking in connection with any such building shall not be reduced below the requirements of this section.

(T) Paving and marking. All required parking spaces shall be paved and, with the exception of spaces provided in a garage, all spaces shall be marked.

(U) Recreational vehicles. Recreational vehicles, as described in this chapter, may be parked on private property within any zoning district within the city so long as they do not create safety or sight clearance hazard for traffic on abutting streets, sidewalks or alleys and shall not be stored within the front yard area, excluding driveways.

(1) Residents may apply and be issued (no fee) permits, by officers of the Riverbank Police Services Division, for guests to stay in recreation vehicles parked on their property for a period not to exceed seven consecutive days. Written permission of the property owner of record is required prior to issuance of a temporary permit.

(2) Recreation vehicles, parked on private property, are prohibited from being used as living quarters except as provided above or when parked in approved licensed recreation vehicle parks.

(V) Access. All parking spaces shall be accessible by paved driveways, alleys, or streets. If parking spaces are to be entered or exited by means of an alley, the alley shall be paved the entire width of the lot and from the lot to the nearest paved, public right-of-way.

(‘67 Code, § 10-13-15) (Ord. 87-11, passed 7-27-87; Am. Ord. 2002-006, passed 8-26-02; Am. Res. 2003-019, passed 2-24-03; Am. Ord. 2017-010, passed 10-24-17)

(A) Purpose. The purpose of the affordable housing density bonus is to:

(1) Establish procedures and criteria for use in the consideration of density bonuses for lower income housing development as defined in Section 65915 of the California Government Code;

(2) Establish procedures for requesting developer incentives or concessions for the production of housing units and child care facilities as prescribed in Section 65915 of the California Government Code; and

(3) Provide a significant contribution to the economic feasibility of lower income housing in proposed housing developments.

(B) General provisions. The criteria and procedures set forth in Section 65915 of the California Government Code shall be applied to requests for density bonuses for affordable housing unless amended in this section.

(C) Application procedures. The application for a density bonus, incentive or concession shall be submitted with the first application for approval of a housing development and shall be processed concurrently with any other

planning permit required for the housing development. The application shall be submitted on form and contain such information and support data as prescribed by the Community Development Director. The application shall contain sufficient information to make the required determinations and findings defined in Section 65915 of the California Government Code.

(D) Fees. The City Council shall set for the amount of the fees for the application required and authorized in this section.

(Ord. 2015-003, passed 2-24-15)

NONCONFORMING USES

The lawful use of land existing at the time of the adoption of this chapter, although such use does not conform to the regulations herein specified for the district in which such land is located, may be continued, provided that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of this title, and shall be in conformity to the regulations specified for the district in which such land is located, provided, however, that a building or structure occupied by a nonconforming use or building or structure nonconforming as to height area, or yard regulations may be added to or enlarged, remodeled or moved to a new location on the lot only upon a permit authorized by the Planning Commission, which may issue such permit provided that the Commission, after a public hearing, shall find:

(A) The proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure.

(B) Will not under the circumstances of the particular case be detrimental to the health, safety, and general welfare of people in the area or the city in general.

(C) Is logically and reasonably related to the existing use and that the size and/or intensity of the enlargement, expansion, restoration or change is not such that it would more appropriately be moved to a zone district in which it is permitted.

(`67 Code, § 10-14-1)

The lawful use of a building existing at the time of the adoption of this chapter may be continued although such use does not conform to the regulations specified for the district in which such building is located. (`67 Code, § 10-14-2)

The nonconforming use of a property may be extended as described in § 153.195 provided a use permit is approved. (`67 Code, § 10-14-3)

The nonconforming use of a building may be changed to a use of the same or more restricted nature provided that in each case a use permit is first obtained.

(`67 Code, § 10-14-4)

If the nonconforming use of a building or land ceases for a continuous period of six months, it shall be considered abandoned and shall therefore be used only in accordance with the regulations for the district in which it is located. (`67 Code, § 10-14-5)

A nonconforming building damaged or destroyed by fire, explosion, earthquake or other act to an extent of more than 75% of the appraised value thereof, according to either the assessor's records or an appraisal performed by a qualified real estate appraiser may be restored only if made to conform to all the regulations of the district in which it is located, provided that such building may be restored to a floor area not exceeding that of the former building if a use permit first shall be secured.

(`67 Code, § 10-14-6)

Ordinary maintenance and repairs may be made to any nonconforming building provided no structural alterations are made and providing that such work does not exceed 15% of the appraised value in any one-year period. Other repairs or alterations may be permitted provided that a use permit shall first be secured in each case. (`67 Code, § 10-14-7)

Nothing contained in this chapter shall be deemed to require any change in the plans, construction or designated use of a building for which a building permit has been properly issued, in accordance with the provisions of this chapter then effective, and of this chapter, provided that in all such cases actual construction shall be diligently carried on until completion of the building.

(`67 Code, § 10-14-8)

Expansion of a legal nonconforming single-family dwelling or duplex by not more than 25% of the floor area of the existing dwelling(s) shall be permitted with the approval of the Community Development Director. Such expansion shall meet all other requirements of the city code and shall not result in the creation of more dwelling units than currently occupies the property.

(`67 Code, § 10-14-9) (Ord. 87-11, passed 7-27-87)

ADMINISTRATIVE PROCEDURES

The purpose of this subchapter is to provide administrative and legislative procedures for the review of plans, the processing and review of applications for consideration and relief under this chapter, and for appeal procedures with respect to Community Development Director and Planning Commission determinations. (Ord. 2022-002, passed 4-26-22)

Application for any permit, variance, appeal, zoning ordinance amendment or other entitlement provided by this chapter shall be prepared and submitted by the applicant, shall be processed by the city, and shall be reviewed by the appropriate body or person pursuant to this chapter and the more specific provisions set forth in subsequent sections for the specific entitlement.

(Ord. 2022-002, passed 4-26-22)

Application for any permit, variance, appeal, or other entitlement provided by this chapter and considered by the city, shall be made on a form prescribed by the city and signed by the applicant and the owner of the affected property or authorized agent and shall be accompanied by the fee prescribed by a separate city ordinance.

(Ord. 2022-002, passed 4-26-22)

Applications to be considered by the city shall be accompanied by the following supporting information as may be applicable:

• (A) A legal description of the property (required);

• (B) A location map showing the project site and the general vicinity of the site (required);

• (C) A completed environmental information form as prescribed by the city in its CEQA Guidelines (required);

(D) Site plans, elevations plans, floor plans, and other maps and data as may be necessary to describe the existing conditions on and surrounding the property and the proposed plans for the future development of the property. The Planning Commission shall by resolution maintain a listing of the minimum documentation necessary for submittal in support of each type of application;

• (E) Such other information specified in this title for the particular entitlement requested.

• (Ord. 2022-002, passed 4-26-22)

• (A) Upon submittal to the city, applications shall be processed in accordance with the following:

• (1) Preliminary review. Within 30 days following initial submittal of an application the following actions shall be taken by the Community Development Director or his or her designee:

• (a) A determination shall be made as to whether the application is in order and complete pursuant to city requirements and CEQA Guidelines.

• (b) If the application is determined to be not in order or complete the applicant shall be notified of the deficiencies in application and/or specific data necessary to make it complete.

• (c) At such time as the application is determined to be complete, the applicant shall be notified.

(B) CEQA. Following certification that an application is complete the city shall review the proposal conducting any studies necessary for its property consideration and causing the preparation of reports for the reviewing body including any prerequisite environmental documents.

• (C) Final review and action.

(1) If the matter is one requiring a public hearing, a public hearing date shall be set and advertised pursuant to § 153.215.

(2) If the matter is one allowing the Community Development Director or his or her designee action, the matter shall be reviewed and action shall be taken.

(3) If the matter is one requiring Planning Commission action or recommendation to the City Council, the matter will be forwarded to the Planning Commission for their review and action or recommendation.

(4) If the matter is one requiring City Council action, the matter will be forwarded to the City Council for their review and action.

(Ord. 2022-002, passed 4-26-22)

(A) Whenever the provisions of this title state that a public hearing shall be held, a public hearing notice shall be given pursuant to Cal. Gov’t Code § 65091.

(B) All mailing or publication shall be accomplished at least ten days prior to the public hearing.

(C) The failure of any person to receive notice required by this section, shall not affect the authority of the city to act on a matter before it, provided proper notice has been found to be given.

(Ord. 2022-002, passed 4-26-22)

(A) Purpose. Use permits may be issued for any of the uses or purposes for which such permits are required and are subject to the provisions of this section.

(B) Form. Applications for a use permit shall be made to the Planning Commission in writing on a form prescribed by the Commission and shall be accompanied by sufficient information in writing, drawings or pictures to show the detail of the proposed use or building(s). Applications for a use permit shall provide evidence to support the approval findings pursuant to § 153.216(D). A filing fee in such amount as may be fixed by the City Council shall be paid at the time the application is filed.

(C) Public hearing. The Planning Commission shall give notice and hold a public hearing on each application for a use permit in accordance with the provisions of § 153.215.

(D) Approval findings. The Planning Commission shall make the following findings to approve a use permit application:

(1) The proposed use is consistent with the general plan, any applicable specific plan, and all applicable provisions of this chapter;

(2) The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood or to the general welfare of the city;

(3) The proposed use is consistent with the purpose of the applicable zoning district or districts;

(4) The proposed use meets the minimum requirements of this title applicable to the use and complies with all other applicable laws, ordinances, and regulations of the city and state.

(E) Conditions. The Planning Commission may designate such conditions in connection with the use permit as it deems necessary to secure the purpose of this title and may require such guarantees and evidence that such conditions are being or will be complied with.

(F) Denial. In cases where any use permit is refused, the Planning Commission shall state its reasons for such refusal.

(G) Appeal. Appeal of the Planning Commission's action on the request for a use permit shall be made in accordance with the procedures specified in § 153.219.

(H) Effect. Use permit shall not become effective for ten days after being granted and in the event an appeal is filed, shall not become effective until a decision is made by the Council on such appeal.

(1) No building or zoning permit shall be issued in any case where a use permit is required by the provisions of this title unless and until such use permit has been granted by the Planning Commission or Council and then only in accordance with the terms and conditions of the use permit granted.

(2) No application for a use permit which has been denied shall be resubmitted for a period of one year from the date the order of denial became final, except on grounds of new evidence or proof of change of project conditions found to be valid by the Planning Commission or City Council, whichever issued the order of denial.

(3) Any use permit granted shall be null and void 24 months from the date of final approval thereof unless prior to such expiration date, the property is being used for the purpose of which the use permit was granted or unless a valid building permit is in effect for the construction of necessary buildings or appurtenances to such use. The Planning Commission may defer expiration of the permit for a period not exceeding one year upon application, in writing, by the owner of the property prior to expiration provided such use is still permitted in the district in which it is proposed to be located.

(Ord. 82-7, passed 9-27-82; Ord. 89-22, passed 1-8-90; Am. Ord. 2022-002, passed 4-26-22)

(A) Purpose. The purpose of these regulations is to allow architecture and site plan review of all developments, buildings, structures and other facilities constructed or modified in any zone where architecture and site plan review is required in order to foster a good design character through consideration of aesthetic and functional relationships to surrounding development, and in order to further enhance the city's appearance, and the livability and usefulness of properties.

(B) Form. Applications for an architecture and site plan review permit shall be made to the Planning Commission on a form prescribed by the Planning Commission and shall be accompanied by sufficient information in writing, drawings, or pictures to show the detail of the proposed building(s). Applications for an architecture and site plan review permit shall provide evidence to support the approval findings pursuant to § 153.217(D). A filing fee in such amount as may be fixed by the City Council shall be paid at the time the application is filed.

(C) Public hearing. The Planning Commission shall give notice and hold a public hearing on each application it receives for architecture and site plan review in accordance with the provisions of § 153.215.

(D) Approval findings. The Planning Commission shall make the following findings to approve an architecture and site plan review application:

(1) The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, planned development, master plan or specific plan provisions, improvement standards, and other applicable standards and regulations adopted by the city.

(2) The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.

(3) The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features, is compatible with and compliments the existing surrounding environment and ultimate character of the area under the general plan.

(4) The proposed architecture, including the character, scale, and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting, and similar elements, establishes a clear design concept and is compatible with the character of the buildings on adjoining and nearby properties.

(E) Conditions. The Planning Commission may designate such conditions in connection with the architecture and site plan review as it deems necessary to secure the purpose of this title and may require such guarantees and evidence that such conditions are being or will be complied with.

(F) Appeal. Appeal of the Planning Commission's action on the request for an architecture and site plan review shall be made in accordance with the procedures specified in § 153.219.

(G) Effect. The architecture and site plan review shall not become effective for ten days after being granted and in the event an appeal is filed, shall not become effective until a decision is made by the Council on such appeal.

(1) No building or zoning permit shall be issued in any case where an architecture and site plan review application is required by the provisions of this title unless and until such permit has been granted by the Planning Commission, or City Council and then only in accordance with the terms and conditions of the architecture and site plan review permit granted.

(2) No application for an architecture and site plan review application which has been denied shall be resubmitted for a period of one year from the date the order of denial became final, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission or City Council, whichever issued the order of denial.

(3) Any architecture and site plan review granted shall be null and void 24 months from the date of final approval thereof unless prior to such expiration date, a valid building permit is in effect for the construction of necessary buildings or appurtenances of the review. The Planning Commission may defer expiration of the permit for a period not exceeding one year upon application, in writing, by the owner of the property prior to expiration provided such use is still permitted in the district in which it is proposed to be located.

(Ord. 2022-002, passed 4-26-22)

(A) Purpose. Each zoning district has specific development standards and a variance is a special request for the city to waive or alter one or more of those standards. When practical difficulties, unnecessary hardship and outcomes inconsistent with the general purpose of this title result from the strict application of certain provisions thereof, a variance may be granted as provided in this section except for uses not permitted by zoning district regulations. (B) Form. An application for variance shall be made in writing on a form prescribed by the city and shall be accompanied by a filing fee (that is subject to change by City Council resolution). Applications for a variance shall provide evidence to support the approval findings pursuant to § 153.218(D).

(C) Public hearing. The Planning Commission shall give notice and hold a public hearing on each application for a variance in accordance with the provisions of § 153.215.

(D) Approval findings. The Planning Commission shall make the following findings to approve a variance application:

(1) Because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the subject property of the privileges enjoyed by other properties in the vicinity and under identical zone classifications.

(2) The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner and will not constitute a grant of special privileges.

(3) The granting of such application will not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

(E) Conditions. The Planning Commission may impose such conditions in connection with a variance as it deems necessary to secure the purposes of this chapter and may require a bond guarantee or other assurances that such conditions are being or will be complied with.

(F) Appeal. Appeal of the Planning Commission's action on the request for a variance shall be made in accordance with the procedures specified in § 153.219.

• (G) Effect.

(1) The variance shall not become effective for ten days after being granted and in the event an appeal is filed, shall not become effective until a decision is made by the Council on such appeal.

(2) No application for a variance which has been denied shall be resubmitted for a period of one year from the date of said order of denial became final, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission.

(3) Any variance granted shall be null and void 12 months from the date of final approval thereof unless prior to such expiration date, the property is being used as stated in the variance, or unless a valid building permit is in effect for the construction of buildings or appurtenances to such variance. The Planning Commission may defer expiration of the variance for a period not exceeding one year upon receiving an application, in writing, by the owner of the property prior to expiration provided the conditions for granting the variance have not changed.

(4) The Planning Commission may revoke or modify the approval of a variance as indicated in § 153.247. (Ord. 2016-003, passed 4-26-16; Am. Ord. 2022-002, passed 4-26-22)

(A) Purpose. The purpose of these provisions is to prescribe the procedure through which an appeal may be made in case an interested person is dissatisfied with any order, requirement, permit, decision, determination, or disapproval, made in an administration, interpretation, or enforcement of this chapter.

(B) Approval authority. The following table identifies the approving authority for each entitlement:

(C) Appeal authority. Any person dissatisfied with a determination or action of the Community Development Director or Planning Commission made pursuant to this chapter may appeal such action to the designated appeal authority listed in the table below, within ten days from the date of the action. Actions by City Council are final, and no further administrative appeals are available.

Approving Authority for Action Being Appealed

Appeal Authority

(D) Form. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten days from, but not including, the date of the determination or action for which an appeal is made, accompanied by a filing fee established by City Council resolution, and submitted to the Community Development Director. The time limit will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business. The filing of an appeal shall stay the issuance of any necessary subsequent permit(s) associated with any right or entitlement that will be subject to the appeal.

(1) Appeal of the Community Development Director decision. The applicant or any other person aggrieved may appeal such decision by filing a written notice with the Community Development Director prior to the time the decision becomes final. The Community Development Director shall furnish forms of notice of appeal.

(2) Appeal of Planning Commission decision. The applicant or any other person aggrieved may appeal such decision by filing a written notice of appeal with the Community Development Director prior to the time the decision becomes final.

(E) Public hearing. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 60 days from the date of appeal submittal. Notice of the appeal shall be provided pursuant to noticing requirements consistent with state law.

(F) Appeal hearing and action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. Only such evidence and plans as were submitted to and ruled upon the approving authority may be provided to the appeal authority for review. The appeal authority may act to confirm, modify, or reverse the action of the approving authority, in whole or in part, or add or amend such conditions as deemed necessary. The action of the appeal authority is final on the date of decision and, unless expressly provided by this title, may not be further appealed.

(Ord. 2016-003, passed 4-26-16; Am. Ord. 2022-002, passed 4-26-22)

REASONABLE ACCOMMODATION

It is the policy of the city, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This ordinance establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

(Ord. 2015-004, passed 2-24-15)

(A) Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building

regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

(B) An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. (C) A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities. (Ord. 2015-004, passed 2-24-15)

Notice of the availability of reasonable accommodation shall be prominently displayed at public information counter in the development services department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the development services department.

(Ord. 2015-004, passed 2-24-15)

(A) In order to make housing available to an individual with a disability, any eligible person as defined in § 153.226 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

• (B) Requests for reasonable accommodation shall be in writing and provide the following information:

• (1) Name and address of the individual(s) requesting reasonable accommodation;

• (2) Name and address of the property owner(s);

• (3) Address of the property for which accommodation is requested;

• (4) Description of the requested accommodation and regulation(s), policy or procedure for which accommodation is sought; and

(5) Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

(C) Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(D) A request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(E) If an individual needs assistance in making the request for reasonable accommodation, the City of Riverbank will provide assistance to ensure that the process is accessible.

(Ord. 2015-004, passed 2-24-15)

(A) Requests for reasonable accommodation shall be reviewed by the Community Development Director, using the criteria set for in § 153.226.

(B) The Community Development Director shall issue a written decision on a request for reasonable accommodation within 30 days of the date of the application and may either grant, grant with modifications, or deny a

request for reasonable accommodation in accordance with the required findings set for in § 153.226.

(C) If necessary to reach a determination on the request for reasonable accommodation, the Community Development Director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 30 day period to issue a decision is stayed until the applicant responds to the request.

(Ord. 2015-004, passed 2-24-15)

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

(A) Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities, as defined and protected under federal and state fair housing laws;

(B) Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

(C) Whether the requested accommodation would impose an undue financial or administrative burden on the city; and

(D) Whether the requested accommodation would require a fundamental alteration in the nature of the city's land use and zoning or building program.

(Ord. 2015-004, passed 2-24-15)

(A) The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Community Development Director's findings on the criteria set forth in § 153.226. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

(B) The written decision of the Community Development Director shall be final unless an applicant appeals it to the Planning Commission.

(C) If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the 30 day time period allotted by § 153.226 the request shall be deemed granted.

(D) While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain the full force and effect. (Ord. 2015-004, passed 2-24-15)

(A) Within 30 days of the date of the Community Development Director's written decision, an individual may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

(B) If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.

(C) All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(D) Appeal procedures are set for by § 153.251: Appeal. Decisions by staff may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council.

(E) Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. 2015-004, passed 2-24-15)

AMENDMENTS

This chapter may be amended by changing the boundaries of districts or by changing any other provisions thereof whenever the public necessity and convenience and the general welfare require such amendment by the following procedure of this chapter.

(`67 Code, § 10-16-1)

(A) An amendment may be initiated by the verified petition of any one or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Commission, and shall be accompanied by a fee as set by the City Council, no part of which shall be returnable to the petitioner; or

(B) By resolution of intention of the Council; or

(C) By resolution of intention of the Planning Commission.

(`67 Code, § 10-16-2)

(A) Public hearings. The Planning Commission shall hold at least one public hearing on any amendment. Notice of the time and place of the hearing shall be given at least ten calendar days before the hearing in the following manner:

(1) By the publication at least once in a newspaper of general circulation.

(2) By causing notices to be mailed to all property owners within the district of which the boundaries are proposed to be changed, or whose property is proposed to be reclassified from one district to another, as shown on the preceding assessment roll of the county, and to all owners of properties bordering or within 300 feet of the exterior boundaries of the district.

(3) Failure to receive notice required by the subsection shall not invalidate the amendment.

(4) The notice required by this division shall specify the type and magnitude of the changes proposed, the place where copies of the proposed changes may be obtained, the time, date and place of the hearing, and the right to appear and be heard.

(B) Action. Following the public hearing(s) prescribed above, the Planning Commission shall make a written recommendation to the City Council. The favorable recommendation to any amendment shall be carried by the affirmative vote of a majority of the voting members of the Planning Commission present. (`67 Code, § 10-16-3) (Ord. 82-7, passed 9-27-82)

(A) Upon receipt of the Planning Commission recommendation, the Council shall set the matter for public hearing after giving notice thereof in the same manner as provided for in § 153.232(A).

(B) After conclusion of such hearing the Council may adopt the amendment or any part thereof in such form as the Council may deem advisable provided that the proposed change is carried by a majority of the voting members of the Council.

(C) The decision of the Council shall be rendered within 60 days after the receipt of a report and recommendation from the Planning Commission.

(Ord. 83-9, passed 8-22-83)

(`67 Code, § 10-16-4)

Prezoning applications shall be handled pursuant to the requirements of this chapter. (`67 Code, § 10-16-5)

No application for a zoning change which has been denied wholly or in part by the City Council shall be resubmitted for a period of one year from the date the order of denial became final, except on grounds of new evidence or proof of changed conditions found to be valid by the City Council.

(`67 Code, § 10-16-6) (Ord. 82-7, passed 9-27-82)

ENFORCEMENT; INTERPRETATION

The provisions of this subchapter to the extent permitted by law, shall apply to all public bodies, districts and agencies, federal, state, county and municipal, (other than the city), provided, however, that variance permits and amendments to such governmental units may be applied for and granted without payment of the application fee. (`67 Code, § 10-17-1)

When interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except as specifically herein provided, it is not intended by the adoption of this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law, ordinance or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any building or improvements; nor is it intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties, provided, however, that in cases in which this code imposes a greater restriction upon the erection, construction, establishment, moving, alteration or enlargement of building or the use of any such building or premises in the several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants or agreements, then in such cases the provisions of this chapter shall control. (`67 Code, § 10-17-2)

The Planning Commission after a public hearing held in the manner prescribed in this subchapter governing variances and conditional use permits, may revoke or modify any permit or variance issued on any one or more of the following grounds:

(A) That the approval was obtained by fraud.

• (B) That the use for which such approval was granted is not being exercised.

(C) That the use for which such approval was granted has ceased to exist or has been suspended for one year or more.

(D) That the permit or variance granted is being, or has been exercised contrary to the terms or conditions of any statute, ordinance, law or regulation.

(E) That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

(F) That the continued exercise of the use for which approval was granted appears to be inimicable to the public welfare.

(`67 Code, § 10-17-3)

All departments, official and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this chapter and any permit or license issued in conflict shall be null and void. It shall be the duty of the Building Inspector of the city to enforce the provisions pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. (`67 Code, § 10-17-4)

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 any land, building or premises established, conducted, operated or maintained contrary to the provisions of this code shall be and the same is hereby declared to be unlawful and a public nuisance, and the Attorney shall upon order of the Council, immediately commence action or proceedings for the abatement and removal and enjoyment thereof in the manner provided by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building. (`67 Code, § 10-17-5)

Fees for the processing of various applications under this chapter may be set from time to time by resolution of the Council.

(`67 Code, § 10-17-6)

Any applicant or other person which is dissatisfied with a decision resulting from the application, interpretation or enforcement of the provisions of this chapter may appeal that decision provided that the appeal is in writing and clearly sets forth the reasons why the appeal ought to be granted:

• (A) Interpretations of this chapter by staff can be appealed to the Planning Commission.

• (B) Decisions of the Planning Commission may be appealed to the City Council.

(`67 Code, § 10-17-7) (Ord. 82-7, passed 9-27-82)

HOME OCCUPATIONS

Applications for home occupations are administered by the Planning Department and may exist in any residential district.

(`67 Code, § 6-4-1) (Ord. 92-07, passed 7-13-92)

It is the intent of the following criteria to reduce the impact of the home occupation to the degree that its effects on the neighborhood are undetectable from normal and usual residential activity:

• (A) Only occupants of the dwelling shall be engaged in home occupation on the subject property. In the event of a partnership or corporation, at least one of the members must be a resident of the subject property.

• (B) Off-site employees or partners are permitted so long as they do not work or report for work at subject property.

(C) The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes. The home occupation may be conducted in the principal dwelling or accessory structure on the subject property, provided that the area does not exceed 20% of the habitable floor area of the principal dwelling.

• (D) There shall be no mechanical equipment or operation used which creates or makes noise, dust, odor, vibration or other effects detectable at the property line. Noise level at the property line shall not exceed 65 dBA.

• (E) There shall be no display of products produced by the home occupation visible in any manner from the outside of the dwelling unit.

• (F) The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district nor in any case require the parking of more than two additional vehicles at any one time.

• (G) There shall be no storage of material or supplies out of doors.

• (H) There shall be no change in the outside appearance of the building premises, or any visible evidence of the conduct of such home occupation other than one sign not to exceed two square feet.

• (I) There shall be no advertising of a home occupation which uses the address of the location.

• (J) The following specific home occupation uses shall be permitted subject to further limitations as follows:

• (1) Beauty/barber shops limited to one customer.

• (2) Contractors' and subcontractors' offices are permitted as home occupations. However, the storage of materials,

equipment, commercial vehicles of more than one ton, nor more than one vehicle of less than one ton not normally associated with residential uses shall be prohibited.

(3) Swimming lessons, music lessons and other similar lessons, when given to no more than three students at a time.

(`67 Code, § 6-4-2) (Ord. 92-07, passed 7-13-92)

The following uses are expressly prohibited as home occupations:

• (A) Repair or reconditioning of motorized vehicles or equipment, on site.

• (B) Manufacturing, including cabinet shops and similar uses.

• (C) Repair or reconditioning of major household appliances, including refrigerators, freezers, clothes

washers/dryers, dish washers, stoves, heating and air-conditioning equipment and lawn mowers.

• (D) Repair or reconditioning of boats or recreational vehicles.

• (E) Medical, dental and chiropractic clinics and offices.

(F) There shall be no delivery of merchandise to customers at the premises other than that incidental to a service conducted on the premises.

(`67 Code, § 6-4-3) (Ord. 92-07, passed 7-13-92)

SIGNS

It is the intent of this sign ordinance regulation to preserve and enhance the aesthetic, traffic safety and environmental values of our communities and growing business/industrial districts, while at the same time providing for channels of communication to the public. It also is the city's intent to regulate on the basis of characteristic and proportion of signage. The city finds as to commercial signage that it is in the interest of both aesthetics and traffic safety that sign information be kept to a minimum. The use of subordinate information in commercial signage which presents as a traffic hazard will not be allowed. Non-commercial signage, which rights are constitutionally broader, is permitted unless expressly prohibited within this chapter.

(`67 Code, § 10-19-1) (Ord. 2000-03, passed 4-24-00; Am. Ord. 2020- 001, passed 1-28-20)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BENCH SIGN. A bus bench located outdoors with advertising matter thereon.

BULLETIN BOARD. A sign used to announce a coming event or attraction or used to convey a specific message related to the building or use of the property on which the bulletin board is located. In all zones, bulletin boards which are displayed so as to be viewed from a public street, parking lot, walkway or mall shall be subject to the sign regulation of the zone in which the building or property is located.

CANOPY. A roof of a building or a fixed overhead shelter used as a roof, which may or may not be attached to a building and which does not encroach into nor overhang a public street or alley right-of-way.

CANOPY SIGN . A sign attached to or hung from a canopy but not projecting from the face of the canopy. CONSTRUCTION SIGN . A sign with the names of architects, engineers, contractors, subcontractors and financing agencies of buildings and structures being constructed upon the premises on which the sign is located. CORPORATE FLAG. A flag identifying a business or firm.

DIRECTIONAL SIGN. One of two types of signs. An exterior directional sign shall mean a sign oriented to a street and used to direct and control pedestrian or vehicular traffic and located on the same lot or premises as the use which it is intended to serve. An interior directional sign shall mean a directional, warning or information sign not bearing any advertising message readable from any street right-of-way. It shall be located on the same lot or premises as the use which it is intended to serve.

ELECTRONIC SIGNAGE. Also known as electronic signs, displays, message signs, and reader boards, may use technologies such as LCD, LED, projection, e-paper or similar to display digital images or text. May be located on private or public property as a monument sign for churches, schools, and banks or as a monument or wall sign for limited commercial and industrial locations. City electronic signs may include decorative pole (freestanding) signs which will be reviewed by the City Council on a case by case basis. Future Technologies. There may be alternate, preferred, or superior technology available in the future to illuminate electronic signs. These alternate technologies may be incorporated into existing legally permitted electronic signs in the future without additional permission from

the city so long as no exterior change to the digital display area will occur and an electrical permit is obtained if necessary.

ERECT. To build, construct, attach, hang, place, suspend, paint or affix.

FREESTANDING SIGN. A sign detached from any building or structure, and the supports of which are permanently affixed on the ground.

HEIGHT. The vertical distance from the highest point used in measuring the area of a sign to the top of the curb of the street at a point which is closest to the highest point of the sign.

IDENTIFICATION SIGN. Any sign which is used to identify or advertise the occupancy of a building, lot or premises or the merchandise or activity available at the building, lot or premises where the sign is located. LIGHTED SIGN. Any sign which is illuminated either directly or indirectly by artificial light.

MARQUEE . A fixed overhead shelter used as a roof, which may or may not be attached to a building, and which projects into or overhangs a public street or alley right-of-way .

MONUMENT SIGN. A low-profile freestanding sign, with its base resting on the ground and incorporating the design and building materials complementary to the architectural theme of the building(s) on the same property. Monument signs are required to have a minimum 12 foot setback from all property lines and may not exceed eight feet in height (including base) and 50 square feet in total area per side. It may have an electronic reader board component if the monument is for a church, school, or bank or it is located in a commercial or industrial zone and there are no other electronic monument signs within 1,000 feet of the parcel.

NON-COMMERCIAL. In each instance and under the same conditions to which this chapter permits any sign, a sign containing an ideological, political or other non-commercial message shall be permitted.

OPEN HOUSE DIRECTIONAL SIGN. An arrow or other directional symbol and real estate office name. OUTDOOR ADVERTISING SIGN (BILLBOARDS). A sign of the outdoor advertising business, which advertises products, accommodations, services or activities not provided on the premises on which it is located. Also known as a BILLBOARD . These signs are prohibited under this chapter. This definition does not pertain to non-commercial messages.

PERMANENT SIGN. Every sign except TEMPORARY SIGNS as defined herein .

POLE SIGN. A sign which is not attached to a building but which has its own separa te support system and shall includ e a freest anding sign.

POLITICAL SIGN. Any impermanent sign or advertising device or display, with or without letters, words, numbers or figures thereon, which is designed to advertise a candidate for political office, a political party or a measure scheduled for an election.

PRINCIPAL FRONTAGE. That wall of a building or structure which has frontage on a public street, highway, parking lot, walkway or mall and which is designed as the principal frontage of the building or structure. PROJECTING SIGN. Any of the following:

• (1) Any sign attached to and projecting from the face of a wall, canopy or marquee.

• (2) Any sign mounted on a canopy roof or building roof that has a slope flatter than a 45 degree angle.

RIDGELINE. The peak of the roof , the top of a parapet, or the top of the wall of a building .

SIGN . Any structure, device, letter, figure, character, poster, picture, trademark or reading matter which is used or designed to announce, declare, demonstrate, display or otherwise identify or advertise, or attract the attention of the public. However, a sign shall not include the following:

• (1) Official notices authorized by a court, public body or public officer.

• (2) Directional, warning or informational signs authorized by federal, state or municipal authority or public utility.

• (3) A properly displayed official flag of a government, school, religious group, or nonprofit organization.

(4) A memorial plaque, tablet or cornerstone indicating the name of a building and date of construction, when cut or carved into any masonry surface or when made of bronze or other incombustible material and made an integral part of the building or structure, not to exceed four square feet in area.

• (5) Signs within a building which cannot be seen from outside the building.

SIGN AREA. The area of the sign surface computed by calculating the area of the circle, square, triangle, rectangle or combination of such geometric designs necessary to enclose such sign surface. Where a sign has two or more faces (sign surfaces), the area of all faces shall be inclu ded in deter mining the sign area, except where two such faces are placed back to back and are at no point more than one foot from one another, the sign area shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area. Necessary supports or uprights on which a sign is placed shall not be included in the sign area, provided that they are not used to attract attention to the subject matter included in the sign area.

SIGN SURFACE. The surface of the sign upon, against or through which the message is displayed or illustrated. SUBDIVISION SIGN. A sign indicating the name of a recorded subdivision, the name of the contractor or subdivider, the name of the owner or agent, and/or giving information regarding directions, price and/or terms. SUBDIVISION DIRECTIONAL SIGN. A sign indicating the name of a recorded subdivision and information regarding location. The name of the contractor or subdivider, the name of the owner or agent and/or information regarding price and/or terms may also be noted.

TEMPORARY SIGN. Any sign, banner, pennant, freestanding flag, valance, balloon, streamer, placard, “A”-frame, sandwich board, human sign spinner, inflatable air dancers, or similar impermanent sign or advertising device or display, with or without letters, words, numbers, or figures thereon, with or without frames, which directs, promotes service or price, or which is otherwise designed to attract attention for a short period of time only unless otherwise specifically mentioned in this chapter.

WALL. Any wall or element of a wall or any number or group of members which defines the exterior boundaries or courts of a building or structure and which has a slope steeper than one horizontal to two vertical, with the horizontal plane.

WALL SIGN. Any sign painted on, attached to or erected against the wall of a building or structure with the exposed face of the sign in a place approximately parallel to the place of the wall and which does not project beyond the top or ends of the wall. WALL SIGN shall also mean any sign permanently displayed on the inside or outside of a window.

WINDOW SIGN. Any sign temporarily displayed on the inside of a window or temporarily painted on a window and facing a street, highway, parking lot, walkway or mall.

ZONE. One of the various classes of area into which the city has been divided by this chapter. (`67 Code, § 10-19-2) (Am. Ord. 2000-03, passed 4-24-00; Am. Ord. 2020-001, passed 1-28-20)

(A) Permit required. It shall be unlawful for any person to erect, alter, change, copy or relocate within the city any sign as defined herein without first obtaining a permit from the City Manager (or his designated representative) and making payment of the required fee therefor, except that the following listed signs are not required to have permits or pay permit fees, but shall meet all other requirements of this chapter:

• (1) Construction sign.

• (2) For sale or rent sign not exceeding eight square feet in area.

• (3) Garage sale sign.

• (4) Unlighted interior directional, warning or information system when less than 12 square feet in area.

• (5) Nameplate, two square feet maximum size.

• (6) Open house directional sign.

• (7) Political signs permitted by § 153.285.

• (8) Signs for fireworks stands, pumpkin sales, Christmas tree sale lots.

• (9) Subdivision directional signs.

• (10) Corporate flag when its height does not exceed the roof line.

• (11) Bench sign.

(12) Signs which identify the architects, engineers, contractors, or builders associated with construction work on the premises during the time period such work is being conducted.

(13) Advertising signs on the perimeter fencing of athletic fields. Such signs shall be on the interior of the fence only, shall have the advertising facing the interior of the field, shall not exceed the height of the fence and shall not be subject to any other restrictions of this chapter.

(B) Application for permit. Application for the sign permits shall be made upon forms provided by the City Manager (or his designated representative) and shall contain or have attached thereto such information as may be required by the City Manager (or his designated representative) to ensure compliance with the provisions of this code. The application shall be accompanied by a fee in an amount set from time to time by resolution of the City Council.

(C) Permit issued if application is in order. It shall be the duty of the City Manager (or his designated representative) to issue the sign permits if the application is complete, the sign complies with the provisions of this code and the fee has been paid.

(D) Signs falling within definition of one or more type signs. Whenever any sign, as defined in this chapter, falls entirely within the definitions of one or more type signs, it shall be subject to the provisions of the most restrictive category.

(E) Permit issued in error. If a sign permit is issued in error by the City Manager (or his designated representative) and the sign does not comply with all of the requirements of this chapter and all other laws and ordinances of the city, the sign permit shall be null and void, and no rights or privileges shall be conferred upon the permittee by the permit.

(F) Compliance with chapter, nuisance, abatement. The City Council hereby determines that the public peace, safety, morals, health and welfare require that all signs which shall hereafter be constructed, erected or painted in violation of the provisions of this chapter shall be and they are hereby declared public nuisances to be removed and abated in the manner provided herein.

(G) Identification. Every sign hereafter erected, altered or relocated shall have recorded thereon in a conspicuous place in order to be readily visible, the date of erection, alteration or relocation, the permit number, voltage of any electrical apparatus used in connection therewith and the name of the person, firm or company doing the work. The information shall not exceed 16 square inches in area.

(H) Maintenance of signs. The owner of any sign as defined and regulated by this chapter, including supporting structures, shall keep the same in a presentable condition at all times. All painted signs and all supporting structures of any sign shall be repainted to keep them in good condition whenever such action is requested in writing by the City Manager (or his designated representative).

(I) Unlawful signs. If the City Manager (or his designated representative) shall find that any sign which has been constructed or erected or is being maintained in violation of the provisions hereof, written notice shall be given of such conditions to the permittee or in the event no valid permit exists, to the owner thereof. If the permittee or the

owner thereof, as the case may be, fails to remove or alter the sign so as to comply with the standards herein set forth, within 30 days after such notice, such signs may be removed or altered to comply when so directed by the City Manager and such cost shall be at the expense of the permittee or the owner of the property upon which the sign is located.

(1) Any sign found to be unsafe and an immediate peril to persons or property may be removed summarily and without notice when so directed by the City Manager. The cost of such removal shall be assessed against the owner of the sign removed.

(2) Any sign erected upon public property in violation of the provisions hereof may be removed or destroyed when so directed by the City Manager.

(3) The cost of removal or alteration of any sign and any expense incident thereto which by the terms of this section shall be paid by a permittee, sign owner, property owner or any other person shall become a debt owing the city. The city may initiate civil action in its own name for collection of the debt.

(`67 Code, § 10-19-3) (Am. Ord. 2020-001, passed 1-28-20)

(A) For the purpose of this section a NONCONFORMING SIGN is any sign which does not conform with the provisions of this chapter but was lawfully erected and which was lawfully in existence and in use on May 1, 1986.

(B) A nonconforming sign shall not be replaced, altered, reconstructed, relocated or expanded in any manner unless it is made to conform with all the provisions of this chapter, except as follows:

(1) Other nonconforming signs on the same property need not be made to conform as a result.

(2) Change in copy shall be permitted if no structural changes in the sign are necessary except that no change in copy shall be permitted for nonconforming painted wall signs.

(3) Ordinary maintenance and minor repairs which will not increase the normal life of the sign and which are required for safety purposes shall be permitted. Structural alterations to a nonconforming sign are prohibited unless they are made to conform to all requirements of the city code.

(C) If the use identified by a nonconforming sign is abandoned for a period of 90 days, the sign shall be removed unless it is made to conform to the provisions of this chapter. If such sign is not made to conform or if it is not removed within 120 days from the time the use is abandoned, it shall thereafter be unlawful. ABANDONED , as used in this division, shall mean cessation of operation or change of use. ABANDONED shall not mean an ownership change or a name change as long as there is not cessation of the operation for longer than 90 days and the use is not changed.

(`67 Code, § 10-19-4) (Am. Ord. 2020-001, passed 1-28-20)

(A) Height limitation. The maximum height of any sign shall be as stated herein, but in no case shall a sign exceed 40 feet in height. An exception is city electronic signs which may be up to 50 feet in height in commercial and industrial zoning districts.

(B) Rotating, moving, flashing, changing or blinking signs. No sign shall have or consist of any moving, rotating or otherwise animated part or any flashing, blinking, fluctuating or otherwise animated light. The provisions of this division shall not be applied so as to prohibit the following types of signs:

(1) A sign showing time separately and which changes no more often than once every ten seconds or a conventional clock face.

(2) A sign showing temperature separately and which changes only when the temperature rises or falls one degree or more.

(3) A sign showing time and temperature alternately and which changes no more often than once every ten seconds.

(4) An on-premises barber pole of a length not to exceed 30 inches of traditional design which shall be permitted to revolve during the time that a barber shop is open for business. The sign shall not exceed ten feet in height.

(C) Projections. All signs, if otherwise authorized, are permitted to project into required front, side and rear yard. The permitted projecting of an authorized sign into any street or alley right-of-way is as follows:

• (1) Freestanding sign: No projection.

• (2) Wall sign: Up to 14 inches in thickness.

• (3) Marquee sign: No closer than two feet from the face of the curb.

(4) Projecting sign: Up to six feet into any street right-of-way and up to four feet into any alley right-of-way, but not closer than two feet from the face of the curb.

• (5) Bus bench sign: Entirely within street right-of-way.

• (6) City electronic sign: No restrictions.

(D) Vertical and horizontal clearance. No sign shall be less than eight feet above a public or private sidewalk or 16 feet above ground level in areas open to vehicular traffic except wall signs not exceeding three inches in thickness.

(1) Signs shall not be erected within the triangle created by the lines connecting:

(a) The point of intersection of front and side property lines extended into the intersection of two streets or other public right-of-way abutting the property lines; and

(b) The points on such front and side property lines 40 feet distant from the point of intersection, when the erection of other privately owned buildings and structures is prohibited therein.

(2) No permit for any sign shall be issued and no sign shall be constructed or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the laws of the state or rules and regulations duly promulgated by agencies thereof.

(E) Obstructions to doors, windows or fire escapes. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, fire escape or exit way.

(F) Construction standards. All signs, including all parts, portions, units, and material comprising the same together with the frames, backgrounds, supports and anchorage therefor shall be manufactured, fabricated, assembled, constructed and erected in accordance with applicable Building, Electrical and Fire Prevention and Sign Codes of the city.

(G) Illuminated signs. Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be so placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

(H) Signs not to constitute vehicular traffic hazard. No sign as regulated in this chapter shall be erected at the intersection of any street, or at any railroad grade crossing, or at any driveway in such a manner as to obstruct free and clear vision of operations of motor vehicles or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the words “STOP,” “DANGER,” or any other word, phrase, symbol, or character in such manner as to interfere with, mislead or confuse traffic.

(I) Temporary signs for special events. Temporary signs, in excess of the maximum permissible sign area, may be erected as participation in a public parade, public event or public celebration for a period not to exceed 30 days, provided, however, that the erection of such signs shall be approved by the City Manager as to location, safety and period of display. Temporary cloth signs and rigid signs shall be allowed as regulated in this division and as described

in chapter 14 of the Uniform Sign Code except that rigid signs shall be limited to a sign area of 32 square feet and may be displayed for no longer than 30 days.

(J) Bench signs. It shall be unlawful for any person to erect, install or maintain any bench sign, except on public property in a location approved by the City Manager. Such benches shall only be placed as necessary to serve existing public transit needs and shall require an encroachment permit.

(K) Wall signs, additional standards. No wall sign shall exceed 14 inches in thickness; no display or messages shall be permitted on the edges of wall signs except the sign company's identification as required by § 153.282(G). (Ord. 86-06, passed 4-14-86)

(L) Ridgeline limitation. A wall, canopy, marquee, or projecting sign shall not project above the ridge line of the building on which the sign is mounted.

• (Ord. 90-01, passed 1-22-90)

(M) Building outlining. Outlining of a building or its roof by means of permanent lighting by exposed neon tubing, exposing incandescent lighting or other artificial lighting, or an equivalent effect, is prohibited. Outlining means delineation, with a row or band of lights of the edges of a roof or wall surface. This provision does not prohibit floodlighting or generally illuminating buildings and their roofs for temporary Christmas displays.

(N) No signs on street trees, utility poles or structures in street right-of-way. No signs shall be attached to any street tree, or any poles such as utility poles, street signals, street lights, street name signs or traffic warning signs, or on any bus shelter.

(`67 Code, § 10-19-5) (Am. Ord. 2020-001, passed 1-28-20)

(A) Specific requirements of type, area and height of signs in the R-1, R-2, and R-3 zones. It shall be unlawful for any person to erect, construct or maintain on any lot or parcel any sign of a type having an area and/or height in violation of the following specific requirements:

(1) In the R-1 and R-2 zones, the following on-site signs are permitted except as otherwise stated:

(a) One unlighted for sale or rent sign per street frontage, not exceeding eight square feet in area and six feet in height.

(b) Three unlighted open house directional signs, each not exceeding three square feet in area and three feet in height, which shall be permitted during daylight hours only, for each house or group of houses offered for sale by the same realtor at the same general location, provided that they do not bear any advertising message other than the real estate office name, and that such signs are located wholly on private property with permission of the property owner on whose property they are located.

• (c) One wall-mounted name plate not exceeding two square feet in area.

• (d) For nonresidential uses permitted by conditional use permit, additional signing as follows:

1. One bulletin board or identification sign not exceeding 25 square feet in area and six feet in height.

2. Canopy and wall identification signs limited to one-half square foot in combined sign area for each lineal foot of any wall and not exceeding 40 feet in height. Canopy and wall identification signs may have external illumination only; no internal illumination shall be permitted.

(e) For mobile home parks permitted by conditional use permit, there may be in addition one identification sign limited to 12 square feet in area and not exceeding six feet in height located at the main entrance to the park.

(f) One construction sign not exceeding 20 square feet in area and six feet in height, provided that such sign shall be removed not later than 30 days after construction is completed.

(g) One on-site subdivision sign not exceeding 100 square feet in area and ten feet in height for each recorded subdivision, provided that such sign shall be removed not later than two years from the recording date of the

subdivision, except as follows:

1. Where building permits have been taken out for more than one-half but less than 75% of the lots in such subdivision at the end of the two-year period, such sign may remain for an additional one year period or until building permits have been issued on all lots, whichever occurs first.

2. Where building permits have been taken out for one-half or less of the lots in such subdivision at the end of the two-year period, such sign may remain for an additional two-year period or until building permits have been issued on all the lots, whichever occurs first.

(h) Unlighted subdivision directional signs not exceeding 16 square feet in area and six feet in height for each recorded subdivision as follows:

1. When the boundaries of any recorded subdivision or any part thereof abut an arterial, as identified in the general plan, one subdivision directional sign shall be permitted, which sign may be located on any vacant lot or parcel which is owned by the subdivision owner.

2. When the boundaries of any recorded subdivision, or any part thereof, do not abut an arterial as identified in the general plan, two subdivision directional signs shall be permitted, which signs may be located as follows:

a. One such sign may be located on property not owned by the subdivision owner with the permission of the property owner on whose property it is to be located.

b. One or both signs may be located only on property owned by the subdivision owner.

3. Such signs shall be removed not later than two years from the recording date of the subdivision, except as follows:

a. Where building permits have been taken out for more than one-half but less than 75% of the lots in such subdivision at the end of the two-year period, such signs may remain for an additional one year period or until building permits have been issued on all of the lots, whichever occurs first.

b. Where building permits have been taken out for one-half or less of the lots in such subdivision at the end of the two-year period, such signs may remain for an additional two-year period or until building permits have been issued on all of the lots, whichever occurs first.

• (i) Political signs, which may be erected, maintained and displayed as follows:

1. Political signs placed in a residential zone district with a dwelling shall not exceed eight square feet, not to exceed in any dimension four feet, and such improved lot with a dwelling shall not be limited to the number of political signs but shall be limited as to the total cumulative area not to exceed 32 square feet.

2. Any one political sign shall not exceed 32 square feet on vacant residential parcels. There shall be no restrictions as to the number of political signs posted on vacant residential property.

3. Political signs shall be removed within 15 days after the date of the election.

4. Under no circumstance shall political signs interfere with driver expectations for sight distances on any particular street as determined by the Community Development Director.

(j) Window signs are not permitted unless they meet all other requirements listed in this section, including the limitation on sign area.

(k) Except for city electronic signs, outdoor advertising signs are not permitted. City electronic signs are permitted on public or private property, owned or leased, with a 100 foot minimum setback from residential uses. In residential zones, they may consist of, at most, two digital display areas with an interior angle of 90 degrees or less. The maximum height of a city electronic sign shall be 40 feet, the maximum area of each digital display area is ten feet by 20 feet, and the signs shall display static messages only. Each message on the screen must be displayed for a minimum of eight seconds. Each digital display area shall have a light sensing device that will adjust the brightness of the sign as ambient light conditions change throughout the day. The ability to power the sign by mobile generator during power outages is required for public safety purposes.

• (l) Two unlighted garage sale signs not exceeding three square feet each in area may be displayed as follows:

1. The signs may be displayed only during such times as the garage sale being advertised is actually being held or conducted.

2. The signs may only be erected and displayed on private property with the consent of the owner thereof. They may not be erected or displayed on street trees, utility poles or elsewhere in public rights-of-way.

(m) Interior directional, warning and information signs not exceeding six square feet in area and six feet in height.

(n) For sale or rent signs between eight and 32 square feet in area subject to securing a use permit. Approval of the permit shall be based on the relationship between the size of the sign and the size of the property.

• (2) In the R-3 zone, the following on-site signs are permitted:

• (a) Any signs permitted in the R-1 and R-2 zones, including city electronic signs.

• (b) One multiple-family housing project sign per street frontage, each sign not exceeding 12 square feet in area and six feet in height.

(B) Specific requirements for type, area and height of signs in the C-1, C-2, C-M, CX-1, M-1, M-2, and PD zones. It shall be unlawful for any person to erect, construct or maintain on any lot or parcel any sign of a type having an area and/or height in violation of the following specific requirements:

(1) In the C-1 zone, C-2 zone, C-M zone, and CX-1 zone the following on-site signs are permitted, except as otherwise stated:

(a) Subject to approval of the City Manager (or his designated representative), a shopping center, as herein defined, shall be entitled to erect one freestanding shopping center identification sign, hereinafter referred to as a shopping center identification sign for each street upon which the shopping center fronts, subject to the following provisions:

1. Each shopping center sign shall not exceed 100 square feet in area. One electronic shopping center identification sign may be approved for each street upon which the shopping center fronts if the sign is included as part of the 100 square foot total sign area allowance. Said sign may only advertise the shopping center name and its tenant names and/or special events. Advertising specific products or off site business locations is prohibited.

2. The identification on each shopping center sign shall be limited to the shopping center name with a listing of uses or businesses within the center optional. The lettering for the listing of such uses shall be of a size not greater than one-half the size of the lettering of the shopping center name on such sign.

3. After erection of a shopping center sign or signs authorized herein, at a shopping center, no additional freestanding or projection identification sign shall be erected at such shopping center for any use or occupancy therein. 4. In granting an application for a shopping center sign, the City Manager (or his designated representative) shall determine whether the applicant is within such shopping center, after consideration of the following, factors:

a. A shopping center is usually comprised of a cluster of retail uses at one location held out to the public as a distinct shopping area and having at least one retail use with a minimum area for that use of 20,000 square feet, and having a minimum of five other retail uses on the same or adjacent sites.

b. A shopping center is not normally traversed by any public street.

c. The existence of any common advertising program for such center, or any uses or occupancies conducted therein, and the number of uses or occupancies conducted therein which participate in such program.

• (b) Canopy, marquee and wall identification signs, provided:

1. The signs shall be limited to the portion of a building wherein the use or occupancy is conducted.

2. The maximum total area for all the signs shall be limited as follows:

• a. For the principal frontage of the building as designated by the applicant:

b. For each other frontage of the building:

3. The signs shall not exceed 40 feet in height nor project above a ridgeline more than ten feet. City electronic signs may not exceed 50 feet in height in commercial zones.

4. That signs hung from a canopy shall not be less than eight feet above a private sidewalk or 16 feet above ground level in areas open to vehicular traffic.

5. That marquee signs shall be parallel with the building upon which they are mounted and parallel with the public street or alley into which they project or overhang.

• (Ord. 86-06, passed 4-14-86)

(c) For any freestanding use or occupancy, one monument-type freestanding identification sign not to exceed eight feet in height, including any base, nor more than 100 square feet in area, may be approved subject to securing the approval of the City Manager (or his designated representative). The monument sign may include an electronic reader board component if the monument is for a church, school, or bank or it is located in a commercial or industrial zone and there are no other electronic reader boards within 1,000 feet of the parcel. The approval will be dependent upon the following two findings being shown:

1. That the use or occupancy is a freestanding use. For the purpose of this section, a freestanding use is defined as a use or occupancy that does not attract customers by its proximity to another business or businesses and is not part of a shopping center or any group of businesses that jointly attract customers through their proximity to each other or through common advertising.

2. The total sign area of the freestanding sign as well as all canopy, marquee and wall signs shall not exceed the sign area allowed in division (B)(1)(b) above.

• (Ord. 90-01, passed 1-22-90)

• (d) Directional signs located wholly on private property on the premises to which they pertain as follows:

1. One exterior directional sign per use per street frontage of the site not exceeding six square feet in area and three feet in height, and provided business identification shall not exceed one-half of the area on a given face sign.

2. Any number of interior direction signs, each not exceeding six square feet in area and six feet in height.

3. Two maximum interior directional signs for a drive-in restaurant or other eating place with drive-through facilities, each sign not to exceed 30 square feet in area and eight feet in height.

• (e) One for sale or rent sign, not exceeding 64 square feet in area and ten feet in height.

(f) One construction sign, not exceeding 64 square feet in area and ten feet in height, provided such sign is removed not later than 30 days after construction is completed.

(g) One marquee sign, not exceeding six square feet in area on any one side or 12 square feet maximum total area. The sign may be hung from a marquee, providing such sign shall not be less than eight feet above a public sidewalk.

(h) Any one political sign shall not exceed 32 square feet and there shall be no restrictions that limit the number of political signs on improved or unimproved commercial or industrial parcels. Political signs shall be removed within 15 days after the date of the election.

(i) Except for city electronic signs, outdoor advertising signs are not permitted. City electronic signs are permitted on public or private property in any zoning district, owned or leased, with a 100 foot minimum setback from residential uses. In commercial zones, they may consist of at most, three digital display areas with an interior angle of 60 degrees or less. Two digital display area signs may have an interior angle of 90 degrees or less. The maximum height shall be 50 feet, the maximum area of each digital display area is 14 feet by 48 feet, and the signs shall display static messages only. Each message on the screen must be displayed for a minimum of eight seconds. Each digital display area shall have a light sensing device that will adjust the brightness of the sign as ambient light conditions change throughout the day. The ability to power the sign by mobile generator during power outages is required for public safety purposes.

(j) Window signs are permitted, provided that the total sign area of the window signs as well as any other canopy, marquee, wall or freestanding signs shall not exceed the sign area allowed in division (B)(1)(b) above. A “no fee” permit will be required to ensure compliance with the sign area requirements. For businesses which continually utilize window signs (such as, for weekly specials), only one permit needs to be issued which will allow for signs to change, providing the approved sign area is not exceeded.

(Ord. 86-06, passed 4-14-86)

(k) One monument-type freestanding identification sign not to exceed eight feet in height, including any base, nor more than 100 square feet in area shall be permitted to identify a use without any structure, such as a parking lot. For uses such as Christmas tree sale lots, pumpkin sale lots and firework stands, one temporary freestanding identification sign shall be permitted, not exceeding 32 square feet in area and 12 feet in height. (Ord. 90-01, passed 1-22-90)

(l) Signs on service station pump islands, canopy uprights and nonmovable structures on the pump islands, which shall be permitted if the combined area of the signs and all other wall and canopy signs does not exceed the total sign area permitted under division (B)(1)(b) above for the building on the site and do not project beyond the canopy roof or raised pump island. The signs shall not exceed ten feet in height if there is no canopy. For self-service stations with small attendant booths less than ten feet on any side, a maximum total wall and canopy sign area of 160 square feet is permitted

(m) One corporate flag per use or occupancy, not exceeding 24 square feet in area; dimensions relative to each other shall not exceed a ratio of two to one (2:1). Such flags shall be flown from a flagstaff or flagpole.

• (n) For sale or rent signs between eight and 32 square feet in area subject to securing a use permit. Approval of the permit shall be based on the relationship between the size of the sign and the size of the property.

• (o) Pennants shall not be displayed for more than 60 days.

• (2) In the M-1 zone and M-2 zone, the following on-site signs are permitted, except as otherwise stated:

• (a) Any sign allowed in the C-1, C-2, C-M, and CX-1 zones, subject to the same restrictions as in those zones.

• (b) One of the following signs for each use or occupancy:

1. Projecting identification sign not exceeding 72 square feet in area and 40 feet in height; if any portion projects into or overhangs a public street or alley right-of-way, the sign shall not exceed 48 square feet in area; or

2. Marquee identification sign at right angles to a street not exceeding 48 square feet in area and 40 feet in height. A second such marquee identification sign is permitted if the two signs are single faced, are parallel, and are on opposite ends of a marquee.

(3) For PD (planned development) zones, the following on-site signs are permitted: Sign limitation shall be made a condition of each PD zone, and approval shall be based on the provisions of the zoning classification most closely approximating the uses proposed in the PD zone.

(`67 Code, § 10-19-7) (Ord. 86-06, passed 4-14-86; Am. Ord. 2001-07, passed 7-23-01; Am. Ord. 2009-002, passed 6- 22-09; Am. Ord. 2020-001, passed 1-28-20)

SPHERE OF INFLUENCE

(A) Area of service; definition. The City Council shall hereafter be prohibited from providing or agreeing to provide water, sewer or storm drainage service, lines or facilities to any lot, parcel, residence, business or industry which is not within the formally approved and adopted sphere of influence of the city. SPHERE OF INFLUENCE shall be described as that designation which is currently used as terminology describing SPHERE OF INFLUENCE on the date of approval and adoption hereof.

(B) Penalty. Violation of provisions of this section shall be a misdemeanor and upon conviction violators may be punished by fine or confinement in the county jail as provided by the city code and laws of the state. (`67 Code, § 10-20-1) (Ord. 92-05, passed 6-8-92)

SPECIFIC PLAN DISTRICT SP

The purpose of the specific plan district (SP) is to provide a vehicle for implementing the city's general plan on an area specific basis. A specific plan prepared in accordance with the standards set forth herein is intended to serve as a regulatory document, consistent with the general plan. In the event of an inconsistency, or conflict between an adopted specific plan and comparable regulations of the municipal code, the specific plan will prevail. (Ord. 95-06, passed 4-24-95)

Statutory reference:

Specific plans, see Cal. Gov't Code §§ 65450 et seq.

Specific plans are authorized by Cal. Gov't Code §§ 65450 et seq. which specifies minimum contents and provides for fees and an additional environmental review procedure. (Ord. 95-06, passed 4-24-95)

Chapter III Section A(9) of the land use element of the general plan encourages the preparation of specific plans and identifies certain areas of the city for which specific plans are required prior to development. (Ord. 95-06, passed 4-24-95)

It is not necessary for specific plan areas to be delineated on the general plan land use map. On the zoning map a specific plan district will be delineated in a manner similar to that of any other zoning district except that each specific plan zoned area shall also bear a number which distinguishes it from other specific plan areas. In most cases, an adopted specific plan will create zoning categories unique to that plan; those zoning categories will be described within the plan itself rather than on the zoning map or in the municipal code. (Ord. 95-06, passed 4-24-95)

(A) A specific plan shall be adopted by resolution, following public hearings before the Planning Commission and City Council. Application for other entitlements may be made simultaneously with the specific plan application. In some circumstances, simultaneous applications may be necessary.

(B) Concurrent with the adoption of a specific plan, the plan area must be zoned SP and assigned a number as required in § 153.308 above. The zoning and specific plan applications may be processed simultaneously. In some areas it may be necessary or appropriate to link adoption of the specific plan with adoption of other entitlements or programs such as subdivision or parcel maps, area facilities plans, design guidelines, monitoring programs, PD permits, financing mechanisms, etc. The specific plan shall define the relationship of the plan to other approvals. (Ord. 95-06, passed 4-24-95)

The application for a specific plan shall be in accordance with public hearing processes prescribed in Cal. Gov't Code § 65453 and shall include text and diagram(s) as required by the Planning Commission to properly evaluate the ability of the proposed specific plan to carry out the city's general plan. Due to the significant role an adopted specific plan plays in the implementation of the general plan, application preparers shall seek guidance from the Planning Department and, if necessary, the Planning Commission, prior to submitting an application for a specific plan. Such guidance regarding relevant general plan goals, policies, land use and implementation programs shall be provided through pre-application conferences, written material, study sessions or other appropriate means. Application and implementation fees for specific plans shall be as set by resolution of the City Council. (Ord. 95-06, passed 4-24-95)

(A) State law requirements. State law specifies at Cal. Gov't Code § 65451 the matters which must be included in a specific plan:

“(A) A specific plan shall include a text and diagram or diagrams which specify all of the following in detail: (1) The distribution, location and extent of the uses of land, including open space, within the area covered by the plan.

(2) The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

(3) Standards and criteria by which development will proceed and standards for the conservation, development and utilization of natural resources where applicable.

• (4) A program of implementation measures including regulations, programs, public works projects and financing measures necessary to carry out divisions (1), (2) and (3) above.

• (B) The specific plan shall include a statement of the specific plan to the general plan.”

• (B) City requirements.

• (1) The city's requirements include the state requirements listed above but in sufficient depth, scope and detail to provide not only policies for the development of the area but also specific standards for regulating that development.

• (2) A specific plan must include the following:

• (a) The proposed land uses for all areas covered by the plan.

• (b) The location of and types of streets.

• (c) Public facilities and infrastructure required to serve developments within the specific plan area.

• (d) Proposed conservation open space and/or recreation areas, if any.

• (e) Financial and economic analysis.

• (3) To meet the goal of tailoring general plan implementation to a specific area, no one format is prescribed, but

the text and diagrams prepared must be organized in a manner that clearly states the goals of the specific plan and clearly sets forth regulations in a format readily usable by both professional and lay persons who may have a role in implementing the specific plan. The Planning Department shall provide a checklist and examples of specific plan contents to assist applicants.

• (Ord. 95-06, passed 4-24-95)

It is anticipated, under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq. ) and guidelines, that most specific plans will require preparation of an environmental impact report. Once certified, the EIR for a specific plan may be relied upon for further entitlements to the extent allowed by the law, sought subsequent to adoption of the specific plan.

(Ord. 95-06, passed 4-24-95)

A specific plan may be amended as necessary under the same procedure as adoption of a specific plan. (Ord. 95-06, passed 4-24-95)

Since specific plan applications are flexible, expiration will be determined on a case-by-case basis. Like other city regulations, most specific plan approvals will not expire unless replaced by a subsequently adopted specific plan or rendered obsolete by adoption of a conflicting general plan designation. In some cases, however, limiting the duration an approval may be appropriate when the specific plan is linked to another entitlement which expires (that is, much as a tentative subdivision map). The resolution adopting a specific plan shall specify the duration of the specific plan and any means of extension, which may include an evaluation of an applicant's due diligence in satisfying specific plan provisions.

(Ord. 95-06, passed 4-24-95)

ACCESSORY DWELLING UNITS

This section provides standards by which the city shall evaluate and ministerially approve an application for the siting and construction of an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) on a lot with an existing or proposed dwelling located in areas zoned to allow single-family or multifamily residential uses in compliance with Cal. Gov't Code §§ 65852.2 and 65852.22, as may be amended.

(Ord. 2021-007, passed 12-14-21)

(A) ADUs are permitted in all zone districts allowing single-family or multifamily residential uses on lots developed with existing or proposed dwellings.

• (B) An ADU may be established in the following methods:

• (1) Attached to, or located within, an existing or proposed primary dwelling.

(2) A new detached structure, or located within or attached to an accessory structure, including detached garages or similar structures.

(3) Conversion of existing attached or detached accessory structures, including garages, storage areas, or similar structures.

(4) Reconstruction of an existing structure or living area that is proposed to be converted to an ADU, or a portion thereof, in the same location and to the same dimensions and setbacks as the existing structure.

(C) One ADU and one JADU may be established per lot with a proposed or existing single-family if all of the following apply:

(1) The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a singlefamily dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

• (2) The space has exterior access from the proposed or existing single-family dwelling.

• (3) The side and rear setbacks are sufficient for fire and safety.

(D) One JADU may be established within the space of an existing or proposed single-family residence, on a lot that is zoned to allow single-family residential uses.

(E) A JADU may be established within the space of the primary dwelling in combination with the construction of one detached, new construction ADU not exceeding 1,200 square feet and a height of 16 feet with four-foot side and rear yard setbacks.

(F) ADUs shall be permitted on lots developed with existing multifamily dwellings subject to the following provisions:

(1) A minimum of one ADU may be constructed, or up to 25% of the existing unit count, within non-livable space, including, but not limited to, storage rooms, passageways, attics, basements, or closets.

(2) The construction of two detached ADUs, subject to a maximum height of 16 feet, and four-foot side and rear setbacks. In this case, only two detached ADUs are permitted on lots developed with existing multifamily dwellings. (Ord. 2021-007, passed 12-14-21)

(A) ADUs shall comply with the following development standards:

• (1) ADU type, location and size.

(a) Attached unit. An ADU attached to an existing primary dwelling shall not exceed 50% of the total existing or proposed living area of the primary dwelling.

• (b) Detached unit. An ADU structurally independent and detached from the existing or proposed primary dwelling shall not exceed 1,200 square feet.

• (c) ADUs shall have independent exterior access from the primary dwelling. No passageway to the primary dwelling shall be required.

• (d) ADUs shall not be required to provide fire sprinklers if they were not required for the primary residence.

• (2) JADU Location, Size, and Standards.

• (a) A JADU shall be constructed entirely within an existing or proposed primary dwelling and shall not exceed 500 square feet.

• (b) JADUs shall have an independent exterior entrance from the primary dwelling but may also include shared access between two units.

• (c) A JADU, at a minimum, shall include an efficiency kitchen as defined in § 153.003.

• (d) The property owner shall reside in either the principal dwelling unit or the junior accessory dwelling unit.

(e) Prior to the issuance of a building permit for the JADU, the property owner shall file with the city a deed restriction for recordation with the County Recorder, which shall run with the land and include provisions listed in Cal. Gov't Code § 65852.22 and state the following:

The property contains an approved accessory dwelling unit pursuant to Chapter 153 of the Riverbank Municipal Code and is subject to the restrictions and regulations set forth in that chapter. These restrictions and regulations generally address development regulations, owner occupancy, and lease requirements, limitations on the size of the accessory dwelling unit and parking requirements. Current restrictions and regulations may be obtained from the city of Riverbank planning division. These restrictions and regulations shall be binding upon any successor in ownership of the property.

• (3) Setbacks.

• (a) Have minimum interior side and rear setbacks of four feet and street side setback of ten feet.

(b) No setback shall be required for an existing living are or accessory structure in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an ADU, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

• (c) Setback from structures. Setback from other structures on the parcel shall be consistent with the cityadopted building code.

• (4) Height. Not to exceed one story or 16 feet in height, except that an ADU may be constructed above a garage to a maximum height of 35 feet.

• (5) Location on parcel. An ADU shall be located within the side or rear yard of the parcel. An ADU shall not be located within the front yard setback.

(B) Compatibility. The ADU should be designed and constructed to be compatible with the existing house as to height, style, materials, and colors.

• (C) Access. Doorway access shall be provided either to the side or the rear of the ADU. Direct doorway access to the front yard is prohibited.

• (D) Off-street parking.

(1) At least one additional off-street parking space shall be provided for the ADU or per bedroom, whichever is less, unless otherwise exempt under § 153.327(E).

(2) The parking spaces required for the ADU can be in tandem to the required off-street parking of the main dwelling unit, may be uncovered, and can be located within the front yard setback as long as all other yard requirements are met.

(3) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

• (E) Off-street parking exemption. Off-street parking shall not be imposed in any of the following instances:

• (1) The ADU is located within one-half mile walking distance of public transit.

• (2) The ADU is located within an architecturally and historically significant historic district.

• (3) The ADU is part of the existing primary residence or an existing accessory structure.

• (4) When on-street parking permits are required but not offered to the occupant of the ADU.

• (5) When there is a car share vehicle located within one block of the ADU.

• (F) Mobile homes or manufactured housing. Mobile homes or manufactured housing on permanent foundations

shall be permitted as an ADU, only if they are installed on permanent foundations, the mobile home complies with the 1974 National Manufactured Housing Construction and Safety Act, and is ten years or newer. Recreational vehicles, including but not limited to motor homes, travel trailers, tent trailers, fifth wheel trailers, and house boats do not quality as an ADU as defined in this section.

(G) Density. An accessory dwelling or junior accessory dwelling unit is not considered to increase the density of the lot upon which it is located and is a residential use that is consistent with the existing general plan and zoning designation for the lot.

(H) Zoning and building requirements. The ADU shall comply with other zoning and building requirements generally applicable to residential construction in the applicable zone where the property is located. (Ord. 2021-007, passed 12-14-21)

(A) Utility service. Adequate roadways, public utilities and services shall be available to serve the ADU. ADUs shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for sewer and water. Installation of a separate direct connection between an ADU contained within an existing structure and the utility shall not be required. ADUs not within an existing structure shall be required to install a new or separate utility connection and be charged a connection fee and/or capacity charge. These charges shall be proportionate to the burden imposed by the ADU on the water or sewer system based on either its size or number of plumbing fixtures as determined by the city.

(B) Impact fees. Impact fees charged for the construction of ADUs shall be consistent with Cal. Gov't Code § 65852.2(f).

(Ord. 2021-007, passed 12-14-21)

(A) Owner occupancy. If the owner occupies the primary residential unit, the owner may rent the ADU to one party. If the owner occupies the ADU, the owner may rent the primary residential unit to one party. The owner may rent both the primary residential unit and the ADU together to one party who may not further sublease any unit(s) or portion(s) thereof. The owner shall be a signatory to any lease for the rented unit, for which the city may reasonably require a copy of to verify compliance with this chapter and shall be the applicant for any permit issued under this chapter. Owner occupancy for the primary dwelling or the ADU is not required for ADUs approved between January 2020 and January 2025. The rental of the ADU shall be longer than 30 days.

(B) Ownership. The ADU shall not be sold or held under a different legal ownership than the primary residence; nor shall the lot containing the ADU be subdivided.

(Ord. 2021-007, passed 12-14-21)

(A) Approval process. An ADU or JADU is considered and approved ministerially, without discretionary review or hearing, if it meets the minimum standards in this chapter.

(B) Timing. The city must act on an application to create an ADU or JADU within 60 days from the date that the city receives a completed application, unless either:

(1) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or

(2) In the case of a JADU and the application to create a JADU is submitted with a permit application to create a new single-family dwelling on a lot, the city may delay acting on the permit application for the JADU until the city acts on the permit application to create a new single-family dwelling, but the application to create a JADU will still be considered ministerially without discretionary review or a hearing.

(Ord. 2021-007, passed 12-14-21)

WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS

(A) The purpose of this subchapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this subchapter are to:

• (1) Protect residential areas and land uses from potential adverse impacts of towers and antennas;

• (2) Encourage the location of towers in nonresidential areas and publicly-owned lands;

• (3) Minimize the total number of towers throughout the community;

• (4) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

• (5) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(6) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging

techniques;

(7) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

• (8) Consider the public health and safety of communication towers;

• (9) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; and

• (10) Protect the aesthetic entrance and corridors of the community.

(B) In furtherance of these goals, the city shall give due consideration to the general plan and specific plans of the city, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

(Ord. 99-07, passed 6-28-99)

As used in this chapter, the following terms shall have the meanings set forth.

ALTERNATIVE TOWER STRUCTURE. Includes man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

BACKHAUL NETWORK. The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA. The Federal Aviation Administration.

FCC. The Federal Communications Commission.

HEIGHT. When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS and PREEXISTING ANTENNAS. Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this subchapter, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.

TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, commoncarrier towers, cellular telephone towers, alternative tower structures, and the like. This term includes the structure and any support thereto.

(Ord. 99-07, passed 6-28-99)

(A) New towers and antennas. All new towers or antennas in the city and its sphere of influence shall be subject to these regulations, except as provided in divisions (B) through (D) of this section.

(B) Amateur radio station operators, receive-only antennas. This subchapter shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator, or is used exclusively for receive-only antennas.

(C) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this subchapter, other than the requirements of § 153.338(F) and (G).

(D) AM array. For purposes of implementing this subchapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by conditional use permit. (Ord. 99-07, passed 6-28-99)

(A) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on the lot.

(B) Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within the lot.

(C) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Community Development Director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city and its sphere of influence or within one mile of the border thereof; including

specific information about the location, height, and design of each tower. The Community Development Director may share such information with other applicants applying for administrative approvals or conditional use permits under this subchapter or other organizations seeking to locate antennas within the jurisdiction of the city and its sphere-ofinfluence, provided, however that the Community Development Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(D) Aesthetics. Towers and antennas shall meet the following requirements and are subject to review and approval by the city:

(1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. The finish shall be subject to the Community Development Director's approval where administrative permits are considered and by the Planning Commission where conditional use permits are required.

(2) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure, so as to make the antenna and related equipment as visually unobtrusive as possible.

(E) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(F) State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If any standards and regulations are changed, then the owners of the towers and antennas governed by this subchapter shall bring the towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(G) Building Codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with such standards. Failure to bring the tower into compliance within 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(H) Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city and its sphere of influence, irrespective of municipal and county jurisdictional boundaries.

(I) Not essential services. Towers and antennas shall be regulated and permitted pursuant to this subchapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(J) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city and its sphere of influence have been obtained, and shall file a copy of all required franchises with the Community Development Director.

(K) Public notice. For purposes of this subchapter, any conditional use permit, variance request, or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all

property owners of properties that are located within the corresponding separation distance listed in § 153.341(B)(5)

(b), Table 2, in addition to any notice otherwise required by this chapter.

• (L) Signs. No signs shall be allowed on an antenna or tower.

(M) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 153.342.

(N) Multiple antenna/tower plan. The city strongly encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

(Ord. 99-07, passed 6-28-99) Penalty, see § 10.99

(A) General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.

(B) Permitted uses. The following uses are specifically permitted: antennas or towers located on property owned, leased, or otherwise controlled by the city, provided a license or lease authorizing the antenna or tower has been approved by the city.

(Ord. 99-07, passed 6-28-99)

(A) General. The following provisions shall govern the issuance of administrative approvals for towers and antennas:

(1) The Community Development Director may administratively approve the uses listed in this section.

(2) Each applicant for administrative approval shall apply to the Community Development Director, providing the information set forth in § 153.341(B)(1) and (B)(3), and a non-refundable fee as established by resolution of City Council to reimburse the city for the costs of reviewing the application.

(3) The Community Development Director shall review the application for administrative approval and determine if the proposed use complies with §§ 153.338 and 153.341(B)(4) and (B)(5) of this subchapter.

(4) The Community Development Director shall respond to each application within 60 days after receiving a complete application by either approving, conditionally approving or disapproving the application. If the Community Development Director fails to respond to the applicant within 60 days, then the application shall be forwarded to the Planning Commission for consideration.

(5) In connection with any administrative approval, the Community Development Director may, in order to encourage shared use, administratively waive any zoning district setback requirements as set forth in § 153.341(B)(4), or separation distances between towers as set forth in § 153.341(B)(5) by up to 50%.

(6) In connection with any administrative approval, the Community Development Director may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

(7) If an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to § 153.341 prior to filing any appeal that may be available under the Zoning Ordinance.

(B) List of administratively approved uses. The following uses may be approved by the Community Development Director after conducting an administrative review:

(1) Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with the tower or antenna, in any M-1, M-2, or C-M Zone District.

(2) Locating antennas on existing structures or towers consistent with the terms of divisions (B)(2)(a) and (B)(2) (b) below.

(a) Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Community Development Director as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided:

1. The antenna does not extend more than 30 feet above the highest point of the structure;

2. The antenna complies with all applicable FCC and FAA regulations; and

3. The antenna complies with all applicable building codes.

• (b) Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the

Community Development Director and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, colocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided colocation is accomplished in a manner consistent with the following:

1. A tower which is modified or reconstructed to accommodate the colocation of an additional antenna shall be of the same tower type as the existing tower, unless the Community Development Director allows reconstruction as a monopole.

2. Height.

a. An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the colocation of an additional antenna.

• b. The height change referred to above may only occur one time per communication tower.

c. The additional height referred to above shall not require an additional distance separation as set forth in §

153.341. The tower's pre-modification height shall be used to calculate such distance separations.

3. Onsite location.

a. A tower which is being rebuilt to accommodate the colocation of an additional antenna may be moved onsite within 50 feet of its existing location.

b. After the tower is rebuilt to accommodate colocation, only one tower may remain on the site.

c. A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 153.341(B)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 153.341(B)(5).

d. The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in § 153.341(B)(5) shall only be permitted when approved by the Community Development Director.

(3) New towers in nonresidential zoning districts. Locating any new tower in a nonresidential zoning district other than M-1, M-2, and C-M, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Community Development Director concludes the tower is in conformity with the goals set forth in § 153.335 and the requirements of § 153.338; the tower meets the setback requirements set forth in § 153.341(B)(4) and separation distances set forth in § 153.341(B)(5); and the tower meets the following height and usage criteria:

• (a) For a single user, up to 70 feet in height;

• (b) For two users, up to 90 feet in height; and

• (c) For three or more users, up to 100 feet in height.

• (4) Locating any alternative tower structure in a zoning district other than M-1, M-2, or C-M, that in the judgment of the Community Development Director is in conformity with the goals set forth in § 153.335.

• (5) Installing a cable microcell network through the use of multiple low-powered transmitters/ receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require

the use of towers.

(C) Submittal requirements. Applicant shall submit, as a minimum, the following: information as required by § 153.341(A)(4), (B)(1), and (B)(3) through (B)(7).

(Ord. 99-07, passed 6-28-99) Penalty, see § 10.99

(A) General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Commission:

(1) If the tower or antenna is not a permitted use under § 153.339, or permitted to be approved administratively pursuant to § 153.340, a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

(2) Applications for conditional use permit under this section shall be subject to the procedures and requirements of § 153.216, except as modified in this section.

(3) In granting a conditional use permit, the Planning Commission may impose conditions to the extent the Planning Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(4) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

(5) An applicant for a conditional use permit shall submit the information described in this section, and a nonrefundable fee as established by resolution of the City Council, to reimburse the city for the costs of reviewing the application.

• (B) Towers.

(1) Information required. In addition to any information required for applications for conditional use permits pursuant to § 153.216, applicants for a conditional use permit for a tower shall submit the following information:

(a) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), general plan designation of the site and all properties within the applicable separation distances set forth in division (B)(5) of this section, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other structures, topography, parking, and other information deemed by the Community Development Director to be necessary to assess compliance with this chapter.

(b) Legal description of the parent tract and leased parcel (if applicable).

(c) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and non-subdivided residentially zoned properties.

(d) The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 153.338(C) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

(e) A landscape plan showing specific landscape materials.

(f) Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

(g) A description of compliance with § 153.338(C) through (G), (J), (L) and (M), § 153.341(B)(4) and (B)(5), and all applicable federal, state or local laws.

(h) A notarized statement by the applicant as to whether construction of the tower will accommodate colocation of additional antennas for future users.

(i) Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

(j) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(k) A description of the feasible location(s) of future towers or antennas within the city and its sphere of influence based upon existing physical, engineering, technological or geographical limitations, in the event the proposed tower is erected.

(2) Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to § 153.216, Use Permits, the Planning Commission shall consider the following factors in determining whether to issue a special use permit, although the Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this subchapter are better served thereby:

• (a) Height of the proposed tower;

• (b) Proximity of the tower to residential structures and residential district boundaries;

• (c) Nature of uses on adjacent and nearby properties;

• (d) Surrounding topography;

• (e) Surrounding tree coverage and foliage;

• (f) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

• (g) Proposed ingress and egress; and

(h) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in § 153.341(B)(3).

(3) Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to

demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(a) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

(b) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. (c) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(d) The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing towers or structures, or the antennas on the existing towers or structures would cause interference with the applicant's proposed antenna.

(e) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(f) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(g) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/ receivers attached to a wireline

system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(4) Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the Planning Commission may reduce the standard setback requirements if the goals of this subchapter would be better served thereby:

(a) Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.

• (b) Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

(5) Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the Planning Commission may reduce the standard separation requirements if the goals of this subchapter would be better served thereby:

• (a) Separation from off-site uses/designated areas.

1. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

2. Separation requirements for towers shall comply with the minimum standards established in Table 1.

Notes: 1: Includes modular homes and mobile homes used for living purposes.

• 2: Separation measured from base of tower to closest building setback line.

• 3: Includes any undivided residential use properties without a valid preliminary subdivision plan or valid development plan approval, and any multi-family residentially zoned land greater than duplex.

(b) Separation distances between towers.

1. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

Note: * Lattice towers are strongly discouraged.

(6) Security fencing. Towers shall be enclosed by security fencing, type to be approved by the Community Development Director, not less than six feet in height, and shall also be equipped with an appropriate anti-climbing device; provided however, that the Planning Commission may waive such requirements as it deems appropriate.

(7) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the Planning Commission may waive such requirements if the goals of this subchapter would be better served thereby.

(a) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

(b) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

(c) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(Ord. 99-07, passed 6-28-99) Penalty, see § 10.99

(A) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following, unless modified by the Community Development Director:

(1) The cabinet or structure shall not contain more than ten square feet of gross floor area or be more than three feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over ten square feet of gross floor area or three feet in height, shall be located on the ground and shall not be located on the roof of the structure.

(2) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 2% of the roof area and must be screened from public view.

(3) Equipment storage buildings or cabinets shall comply with all applicable building codes.

(B) Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

(1) In residential districts, the equipment cabinet or structure may be located:

(a) In a front or side yard, provided the cabinet or structure is no greater than three feet in height or ten square feet of gross floor area, and the cabinet/structure is located a minimum of five feet or more from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches, and a planted height of at least 36 inches.

(b) In a rear yard, provided the cabinet or structure is no greater than three feet in height or ten square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

(2) In commercial or industrial districts, the equipment cabinet or structure shall be no greater than three feet in height or ten square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

(C) Antennas located on towers. The related unmanned equipment structure shall not contain more than three feet in height or ten square feet of gross floor area or be more than those dimensions, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

(D) Modification of building size requirements. The requirements of divisions (A) through (C) of this section may be modified by the Community Development Director in the case of administratively approved uses or by the Planning Commission in the case of uses permitted by conditional use permit to encourage colocation. (Ord. 99-07, passed 6-28-99) Penalty, see § 10.99

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of the antenna or tower shall remove the tower or antenna within 90 days of receipt of notice from the city and/or its sphere of influence notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within the 90-day period shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (Ord. 99-07, passed 6-28-99)

(A) Not expansion of nonconforming use. Towers that are constructed and antennas that are installed in accordance with the provisions of this subchapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

(B) Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this subchapter.

(C) Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding the provisions of § 153.343, bona fide nonconforming towers or antennas that are damaged or destroyed by natural causes may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in § 153.341(B)(4) and (B)(5). The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes, and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in § 153.343.

(Ord. 99-07, passed 6-28-99)

RETAIL SALE OF ALCOHOLIC BEVERAGES

The general purposes of the alcoholic beverage sales regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare by requiring that alcoholic beverage sales commercial activities achieve the following objectives:

(A) To protect residential, commercial, industrial, and civic areas and minimize the adverse impacts of nonconforming and incompatible uses;

(B) To provide opportunities for alcoholic beverage sale activities to operate in a mutually beneficial relationship to each other and to other commercial and civic services;

(C) To provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels;

(D) To provide that alcoholic beverage sale commercial activities are not the source of undue public nuisances in the community;

(E) To provide for properly maintained alcoholic beverage sale establishments so that negative impacts generated by these activities are not harmful to the surrounding environment in any way;

(F) To monitor that deemed approved activities do not substantially change in mode or character of operation. (Ord. 2005-009, passed 6-13-05)

Use permits shall be required for the sale of alcoholic beverages, including beer and wine, for on or off-site consumption. In determining whether to issue a use permit, the city shall apply appropriate conditions to the use permit that insure compliance with the intent of this chapter. Upon issuance of a use permit, an alcoholic beverage sale activity shall be considered deemed approved and subject to the conditions herein.

(Ord. 2005-009, passed 6-13-05)

(A) To which property applicable. The deemed approved alcoholic beverage sale regulations shall apply, to the extent permissible under other laws, to all legal nonconforming alcoholic beverage sale commercial activities within the city.

(B) Duplicated regulation. Whenever any provision of the deemed approved alcoholic beverage sale regulations and any other provision of law, whether set forth in this code, or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in the deemed approved alcoholic beverage sale regulations.

(C) Relationship to the zoning regulations. The nonconforming use provisions of the zoning regulations including, but not limited to, §§ 153.195, 153.196, 153.197, 153.198, 153.199, 153.200, 153.201, 153.202 and 153.203, shall apply to the deemed approved alcoholic beverage sale regulations. (Ord. 2005-009, passed 6-13-05)

As used in this chapter, the following terms shall have the meanings set forth.

ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, and sales of which requires a State Department of Alcoholic Beverage Control license.

ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITY. The retail sale, for on- or off- premises consumption, of liquor, beer, wine, or other alcoholic beverages, excluding full-service restaurants that comply with the below-listed definition of full service restaurant.

CONDITION OF APPROVAL. A requirement, which must be carried out by the activity in order to retain its deemed approved status.

DEEMED APPROVED ACTIVITY. Any legal nonconforming alcoholic beverage sales commercial activity, as defined in this section, in existence immediately prior to the effective date of the deemed approved alcoholic beverage sale regulations shall be considered a DEEMED APPROVED ACTIVITY as long as it complies with the deemed approved performance standards as set forth in § 153.364, and shall no longer be considered a legal nonconforming activity.

DEEMED APPROVED STATUS. The status conferred upon a deemed approved activity. DEEMED APPROVED STATUS replaces legal nonconforming status.

FULL-SERVICE RESTAURANT. A place which is regularly and in a bona fide manner used and kept open for the serving of at least lunch and dinner to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for such meals. The sale or service of sandwiches (whether prepared in a kitchen or made elsewhere and heated up on the premises) or snack foods shall not constitute a FULL-SERVICE RESTAURANT . To be considered a FULL SERVICE RESTAURANT under the deemed approved program, the establishment must meet the following criteria:

(1) A FULL SERVICE RESTAURANT shall serve meals to guests at all times the establishment is open for business. An establishment shall not be considered a FULL-SERVICE RESTAURANT if it served alcohol without meal service being provided with the exception that alcohol sales to restaurant patrons may continue for up to two hours after meal service has ceased to allow guests to comfortably complete their meals.

(2) There shall be a real offer or holding out to sell meals. Premises shall make an offer or holding out of sales of meals to the public by maintaining and displaying a printed menu and/or a menu board. A two-thirds majority of the items offered on the menu shall be available at any given time the establishment is open. The mere offering of meals without actual sales shall not be deemed sufficient.

There shall be a real offer or holding out to sell meals. Premises shall make an offer or holding out of sales of meals to the public by maintaining and displaying a printed menu and/or a menu board. A two-thirds majority of the items offered on the menu shall be available at any given time the establishment is open. The mere offering of meals without actual sales shall not be deemed sufficient.

(3) The offer of meals is not adequate to meet the above criteria. A FULL SERVICE RESTAURANT shall make actual and substantial sales of meals to guests for compensation. Substantial sales shall mean that no less than 60% of total revenue shall be generated from food service and no more than 40% of revenue from the sales of alcohol.

(4) “Meals” means the usual assortment of foods commonly ordered at various times of the day for the cuisine served. The service of snack foods and/or appetizers alone shall not be deemed compliance with this requirement. Meals shall be prepared on the premises. Heating of food prepared elsewhere shall not constitute a meal for the purposes of this policy.

(5) Premises shall be equipped for meal service and maintained in good faith. Premises must possess and maintain appliances for the cooking of a variety of foods such as stoves, ovens, broilers, or other devices, as well as pots, pans, or containers that can be used for cooking. Premises shall possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public.

(6) A FULL SERVICE RESTAURANT shall comply with all local health department standards.

(7) A FULL SERVICE RESTAURANT may have a separate lounge or bar area provided that the restaurant and

bar/lounge area operate as a single entity. The physical layout, entry location(s), spatial connection between the areas, and operational characteristics, among other factors, shall be used to determine compliance. Any bar/lounge area cannot remain open when the dining area is closed. However, the dining area may be open while the bar/lounge area is closed.

(8) To the extent that ABC regulations do not conflict with the above criteria, a FULL SERVICE RESTAURANT shall comply with all State Department of Alcoholic Beverage Control regulations related to "Bona fide public eating place, meals."

ILLEGAL ACTIVITY. An activity which has been finally determined to be in noncompliance with the deemed approved performance standards of this chapter. Such an activity shall lose its deemed approved status and shall no longer be considered a deemed approved activity.

LEGAL NONCONFORMING ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITY or LEGAL

NONCONFORMING ACTIVITY. An alcoholic beverage sales commercial activity which was a nonconforming use pursuant to the nonconforming use regulations, and for which a valid state of California Alcoholic Beverage Control license had been issued and used in the exercise of the rights and privileges conferred by the license, at a time immediately prior to the effective date of the deemed approved alcoholic beverage sale regulations. Such an activity shall be considered a deemed approved activity, and shall no longer be considered a LEGAL NONCONFORMING ACTIVITY , except such activity shall be subject to those zoning regulations relating to nonconforming uses, as of the effective date of the alcoholic beverage sale regulations.

PERFORMANCE STANDARDS. Regulations prescribed in the performance standards of this chapter. PREMISES. The actual space within a building devoted to alcoholic beverage sales.

(Ord. 2005-009, passed 6-13-05)

An activity shall retain its deemed approved status only if it conforms with all of the following deemed approved performance standards:

(A) That it does not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area;

(B) That it does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area;

(C) That it does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests;

(D) That it does not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance or statute;

(E) That its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood. (Ord. 2005-009, passed 6-13-05)

All alcoholic beverage sales commercial activities that were legal activities immediately prior to the effective date of the alcoholic beverage sale regulations shall automatically become deemed approved activities as of the effective date of the regulations and shall no longer be considered legal nonconforming activities. Each such deemed approved activity shall retain its deemed approved status as long as it complies with the deemed approved performance standards.

(Ord. 2005-009, passed 6-13-05)

The Community Development Director shall notify the owner of each deemed approved activity, and also the property owner if not the same, of the activity’s deemed approved status. Such notice shall be sent via certified return receipt mail and shall include a copy of the performance standards of this chapter with the requirement that these be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review, notification that the activity is required to comply with all these same performance standards and that a review fee is required, and the amount of such fee provided in the master fee schedule, and that the activity is required to comply with all other aspects of the deemed approved alcoholic beverage sale regulations. Should the notice be returned, the notice shall be sent via regular U.S. Mail.

(Ord. 2005-009, passed 6-13-05)

(A) Upon receiving a complaint from the public, Police Department, or any other interested party that a deemed approved activity is in violation of the performance, and once it is determined by the city that violations appear to be occurring, then the deemed approved status of the deemed approved activity in question shall be reviewed by the Planning Commission at a public hearing. Notification of the public hearing shall be in accordance with adopted city standards.

(B) The purpose of the public hearing is to receive testimony on whether the operating methods of the deemed approved activity are causing undue negative impacts in the surrounding area. At the public hearing, the Planning Commission shall determine whether the deemed approved activity conforms to the deemed approved performance standards and to any other applicable criteria, and may continue the deemed approved status for the activity in question or require such changes or impose such reasonable conditions of approval as are in the judgment of the Planning Commission necessary to ensure conformity to said criteria and such conditions shall be based on the evidence before the Planning Commission. The decision of the Planning Commission shall be based upon information compiled by staff and testimony from the business owner and all other interested parties. New conditions of approval shall be made a part of the deemed approved status and the deemed approved activity shall be required to comply with these conditions. The determination of the Planning Commission shall become final ten calendar days after the date of decision unless appealed to the City Council.

(Ord. 2005-009, passed 6-13-05)

(A) Within ten calendar days after the date of a decision by the Planning Commission to revoke a deemed approved status, an appeal from said decision may be taken to the City Council by any interested party. In the event the last date of appeal falls on a weekend or holiday when city offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the Planning Commission and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record. Upon receipt of the appeal and an appeal fee in accordance with this section, the Council shall set the date for consideration thereof. The City Clerk shall notify the Secretary of the City Planning Commission of the receipt of said appeal and of the date set for consideration thereof; and said Secretary shall, not less than ten days prior thereto, give written notice to: the owner of the deemed approved activity; the property owner; adverse party or parties, or to the attorney, spokesperson, or representative of such party or parties; other interested groups and neighborhood associations who have requested

notification; and to similar groups and individuals as the Secretary deems appropriate, of the time, date, and place of the hearing on the appeal. In considering the appeal, the Council shall determine whether the deemed approved activity conforms to the applicable deemed approved performance standards, and may approve or disapprove the revocation or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said standards.

(B) The decision of the City Council shall be made by resolution and shall be final. The City Council shall vote on the appeal within 30 days after its first hearing of the appeal. If the Council is unable to decide the appeal at that meeting, it shall appear for a vote on each regular meeting of the Council thereafter until decided. (Ord. 2005-009, passed 6-13-05)

The Community Development Director shall notify the owner of each deemed approved activity, and also the property owner if not the same, of the time and place of the public hearing. Such notice shall be sent via certified return receipt mail and shall include notification that the deemed approved status of the deemed approved activity will be considered before the Officer. The public hearing shall be noticed by posting notices within 300 feet of the subject property; notice shall also be given by mail or delivery to all persons shown on the last available equalized assessment roll as owning real property in the city within 300 feet of the subject property. All such notices shall be given not less than ten days prior to the date set for the hearing, if such is to be held. Fees for notification shall be in accordance with city regulations and paid for by the deemed approved activity in question.

(A) Notice on site. A city-provided notice of 8 1/2 x 11 inches in dimension shall also be posted on the premises of the subject activity, placed in the window of the activity. (If a window facing the street is not present, then the placard will be required to be posted onto the exterior of the building.) All notices shall advertise the time, date, purpose, and location of the public hearing for each particular site. All notices shall be given not less than ten days prior to the date set for the hearing.

(B) Notice by mail. Notice by mail is deemed given on the date the notice is placed into the U.S. Mail system. (Ord. 2005-009, passed 6-13-05)

Fees, and regulations pertaining to fees, including the review, notification, appeal, and reinspection of deemed approved activities, shall be in accordance with the city master fee schedule. (Ord. 2005-009, passed 6-13-05)

All officials, departments, and employees of the city vested with the authority to issue permits, certificates, or licenses shall adhere to, and require conformance with, the deemed approved alcoholic beverage sale regulations. (Ord. 2005-009, passed 6-13-05)

(A) Infractions. Any person who violates, causes, or permits another person to violate any provision of these regulations is guilty of an infraction unless otherwise provided.

(B) Separate offenses for each day. Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is committed, continued, permitted, or caused by such violator and shall be punishable accordingly.

(C) Any violation a public nuisance. In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is declared to be a public nuisance and may be summarily abated as such by the city.

(D) Injunction as additional remedy. Any violation of any provision of these regulations shall be and is declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. (E) Penalties. Any person convicted of an infraction under the provisions of this section shall be punishable by a fine to the maximum permitted under state law. Any violation beyond the second conviction within a one-year period may be charged by the City Attorney or District Attorney as a misdemeanor, and the penalty for conviction shall be punishable by a fine or imprisonment to the maximum permitted under state law.

(F) Liability for expenses. In addition to the punishment provided by law, a violator is liable for such costs, expenses, and disbursements paid or incurred by the city or any of its contractors in correction, abatement, and prosecution of the violation. Reinspection fees to ascertain compliance with previously noticed or cited violations shall be charged against the owner of the deemed approved activity. Fees shall be in the amount of the actual city cost shall be charged for reinspections. The inspection official shall give the owner or other responsible party of such affected premises a written notice showing the itemized cost of such chargeable service and requesting payment thereof. Should the bill not be paid in the required time, the charges shall be placed as a lien against the property. (Ord. 2005-009, passed 6-13-05)

The city shall designate the appropriate personnel to enforce the provisions of these regulations. (Ord. 2005-009, passed 6-13-05)

The officials responsible for enforcement of the Zoning Ordinance, or their duly authorized representatives, may enter on any site or into any structure for the purpose of investigation, provided they shall do so in a reasonable manner, whenever they have cause to suspect a violation of any provision of these regulations, or whenever necessary to the investigation of violations to the deemed approved performance standards or conditions of approval prescribed in these regulations. An owner or occupant or agent thereof who refuses to permit such entry and investigation shall be guilty of infringing upon the violations and penalties as outlined in § 153.372 and subject to related penalties thereof. (Ord. 2005-009, passed 6-13-05)

200-YEAR FLOOD PROTECTION

This section implements the requirements of Senate Bill 5 (2007) and related legislation that prohibits approval of urban development in urban and urbanizing areas that are exposed to 200-year flooding risk unless certain findings are made. These requirements are established in the Cal. Gov’t Code §§ 65865.5, 65962 and 66474.5, as amended. (Ord. 2016-006, passed 9-13-16)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

200-YEAR FLOODPLAIN MAP. A map approved by the City Engineer for urban and urbanizing areas that depicts geographic areas that may be exposed to 200-year frequency flooding, and, if available, the depth of flooding during a 200-year flooding event.

200-YEAR FREQUENCY FLOODING. The level of flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the California Department of Water Resources.

ADEQUATE PROGRESS. Defined in Cal. Gov’t Code § 65007.

FLOOD HAZARD ZONE. An area subject to flooding as delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency (FEMA), as also defined in § 151.48.

NEW DEVELOPMENT.

• (1) A development agreement; or

• (2) A tentative subdivision map, or a parcel map for which a tentative map was not required; or

• (3) A discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building; or

• (4) A ministerial permit that would result in the construction of a new residence.

URBAN AREAS AND URBANIZING AREAS. An urban area is a developed area in which there are 10,000

residents or more (Cal. Gov’t Code § 65007(I)). An urbanizing area is a developed area or an area outside a developed area that is planned or anticipated to have 10,000 residents or more within the next ten years. (Cal. Gov’t Code § 65007(m)).

URBAN LEVEL OF FLOOD PROTECTION (ULOP). The level of protection that is necessary to withstand 200year frequency flooding. ULOP shall not mean shallow flooding or flooding from local drainage that meets the criteria for the national Federal Emergency Management Agency standard of flood protection (Cal. Gov’t Code § 65007). (Ord. 2016-006, passed 9-13-16)

After July 2, 2016, unless that date is amended by the State Legislature, new development shall not be approved where 200-year flooding, as shown on a 200-year map, will exceed 3 feet in depth, or in a flood hazard zones where 200-year floodplain maps have not been approved by the City Engineer, unless the approval authority determines based on substantial evidence in the record that:

(A) The facilities of the State Plan of Flood Control or other flood management facilities protect the new development site to the Urban Level of Flood Protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanizing areas; or

(B) Conditions imposed on the new development will protect the property to the Urban Level of Flood Protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanizing areas; or

(C) The local flood management agency has made adequate progress on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban and urbanizing areas, or the national Federal Emergency Management Agency standard of flood protection in nonurbanizing areas.

(D) The new development site located in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.

(Ord. 2016-006, passed 9-13-16)