Chapter 90 — ZONING[1]

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Chapter 90 - ZONING[[1]]

Footnotes:

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Editor's note— Printed herein is the codified zoning ordinance of the city, being Ordinance No. 719, as adopted by council on October 5, 1982, and effective on the same day. Amendments to the original ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. Ord. No. 896, § 6(53), adopted Oct. 7, 1993, provided for the renumbering of the zoning ordinance as herein set out (as Ch. 90).

Cross reference— Buildings and building regulations, ch. 14; floods, ch. 34; planning and development, ch. 50; subdivisions, ch. 62; trailers and trailer parks, ch. 74; underground utility districts, ch. 78.

State Law reference— Planning and zoning generally, Government Code § 65000 et seq.; municipal authority to adopt zoning regulations, Government Code § 65850.

ARTICLE I. - GENERAL PROVISIONS

Sec. 90-1. - Title.

These articles and sections shall be known as the zoning ordinance of the city.

Sec. 90-2. - Purposes.

The purposes of this chapter are to furnish a guide for the orderly physical growth and development of the city, to promote and protect the public health, safety, comfort, and general welfare, and to implement the general plan of the city.

Sec. 90-3. - Authority.

The provisions of this chapter are adopted pursuant to the provisions of Government Code § 65800 et seq., commonly known as the zoning and planning law.

Sec. 90-4. - Components.

This chapter shall consist of a zoning map dividing the land within the city into certain zoning districts, hereinafter called the "official zone map," which is on file in the office of the city clerk, and these regulations controlling the uses of land, the density of population, the uses and locations of buildings and structures, the height and bulk of buildings, the open spaces about buildings and structures, the screening and landscaping of certain uses, buildings and structures, the areas and dimensions of sites, and the provision of off-street parking and loading facilities within such districts.

This chapter shall apply to property owned by persons and by the city or any of its agencies.

Sec. 90-6. - Interpretation.

(a)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements.

(b)

No provision of this chapter is intended to abrogate, repeal, annul or interfere with any existing ordinance of the city, except as specifically stated herein, or any deed restriction, covenant, easement, or other agreement between parties, provided that, where this chapter imposes greater restrictions or regulations, this chapter shall control.

Sec. 90-7. - Definitions generally.

For the purposes of carrying out and interpreting this chapter, the words, phrases, and terms shall have the meanings ascribed to them in sections 90-8 through 90-57. In construing the provisions of this chapter, specific provisions shall supersede general provisions relating to the same subject.

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 90-8. - Definitions: Abut—Accessory use.

Abut shall mean two adjoining parcels of property with a common property line. Where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless common property lines between the two parcels measure not less than eight continuous feet.

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

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

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

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

(Ord. No. 807, § 8, 4-19-88)

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

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

Adjoin shall mean the same as Abut.

Advertising structure. All definitions pertaining to advertising structure are located in subsection 90-891(2).

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

(Ord. No. 807, § 8, 4-19-88; Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-10. - Definitions: Aircraft—Ambulatory persons.

Aircraft shall mean any contrivance, now known or hereinafter invented, for use or designed for navigation of or flight in the air or outer space, including missiles.

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

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

Altered shall have the same meaning as Structural alteration.

Ambulatory persons shall mean persons who are able to walk about unassisted; patients who are not bedridden.

(Ord. No. 807, § 8, 4-19-88)

Amendment shall mean a change in the wording, context, or substance of this chapter or an addition, deletion or change in the district boundaries or classifications of the zoning map.

Animal hospital shall mean a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use of an animal hospital as a kennel shall be limited to shorttime boarding incidental to medical or surgical treatment.

Assessor shall mean the County Assessor of the County of Fresno.

Auto court shall mean the same as Motel.

Automobile service station shall mean an occupancy which provides for the servicing of automobiles and operations incidental thereto limited to:

(1)

Retail sale of gasoline, diesel fuel, oil, tires, batteries, and new accessories.

(2)

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

(3)

Front end wheel alignment and wheel balancing.

(4)

Incidental waxing and polishing.

(5)

Tire changing and repairing, but not including recapping.

(6)

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

(7)

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

(8)

Installation of minor accessories.

(9)

The following operations if conducted wholly within an enclosed building:

a.

Lubrication of motor vehicles.

b.

Brake adjustment, replacement of brake cylinders.

c.

The testing, adjustment, and replacement of engine parts.

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

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-12. - Definitions: Bakery, retail—Block.

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

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

Bed and breakfast establishment shall mean a single-family residential structure generally containing no more than five guest rooms and providing lodging and breakfast for guests and which is owned/occupied and operated by the owner of the property.

Bicycle shop shall mean a business devoted to retail sales, service, or repair of bicycles.

Billboard. All definitions pertaining to billboards are located in subsection 90-891(2).

Block shall mean all property fronting on one side of a street between intersecting and intercepting streets, or between a street and right-of-way, waterway, or end of cul-de-sac.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 1045, § 1, 2-19-04; Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-13. - Definitions: Block frontage—Building.

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

Boardinghouse or roominghouse shall mean a building containing a single dwelling unit and provisions for five but not more than 15 guests, where lodging is provided with or without meals for compensation, but not to include rest homes.

Borrow pit shall mean any place or premises where dirt, soil, sand, gravel, or other material is removed by excavation or otherwise below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.

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

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

(Ord. No. 807, § 8, 4-19-88)

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

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

Building, main, shall mean a building within which is conducted the principal use permitted on the lot, as provided by this chapter.

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

Building site shall mean the ground area of a building together with all the open space required by this chapter.

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-15. - Definitions: Building, temporary—Caretaker's residence.

Building, temporary, shall mean the same as Structure, temporary.

Business shall mean the same as Commerce.

Cabana shall mean any portable, demountable, or permanent cabin, small house, room enclosure, or other building or structure erected, constructed or placed on any mobile home park site within six feet of any mobile home on the same site in a mobile home park and used for human habitation, but said structure shall not be used for sleeping purposes.

Camper truck shall mean the same as Recreational vehicle.

Caretaker's residence shall mean a single-family residence on the same property with, or on abutting property owned by the owner of, an open space, commercial or industrial use, which residence is occupied by one or more persons charged with the care or protection of facilities used in such open space, commercial or manufacturing use, and which residence is provided to the occupant as compensation for such services and for which he does not pay money or other things of value other than his services.

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-16. - Definitions: Carnival, promotional—Cemetery.

Carnival, promotional, shall mean a group of two or more devices or acts operated or conducted for 30 days or less and, if there are five or more devices or acts, for not more than ten days, in conjunction with an established business for the purpose of attracting the public or to advertise a product, idea, or program.

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

Car wash, mechanical, shall mean any occupancy which provides for the washing of automobiles primarily through the use of mechanical equipment. Such equipment may include conveyor chains, blowers, steam guns, roller brushes, and high pressure vacuum units or similar equipment.

Car wash, self-service, shall mean any occupancy which provides for automobile washing to be done by the customer. There shall be no employees other than servicemen who check and maintain equipment and supervise the use of the facility. Equipment shall be limited to a water softener, water heater, soap mixing tank, low pressure vacuum units, and a one horsepower electric motor and pump for each stall or similar equipment which shall produce only a low volume of sound.

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

(Ord. No. 807, § 8, 4-19-88)

Centerline shall have the same meaning as Street centerline.

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

Clinic shall mean a place for group medical services not involving overnight housing of patients.

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

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

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-18. - Definitions: College, trade—Commercial office.

College, trade, shall mean the same as School, trade.

Commerce shall mean the purchase, sale, or other transaction involving the handling or disposition, other than that included in the term "industry" as defined in section 90-31, of any article, substance or commodity for profit or a livelihood, including in addition, operation of automobile or trailer courts, tourist

courts and motels, public garages, office buildings, offices of doctors and other professionals, public stables, recreational and amusement enterprises conducted for profit, shops for the sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them, but not including dumps and junkyards.

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

Commercial districts shall mean the following districts: C-P, C-1, C-2, C-3, and C-4.

Commercial office shall mean any administrative or clerical office maintained as a business and any office established by a public service over which this chapter has jurisdiction.

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-19. - Definitions: Communication equipment buildings—Cottage food operation.

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

Contiguous shall mean the same as Abut.

Convalescent home shall mean the same as Rest home.

Convenience grocery store shall mean a store for the retail sale of grocery items to residents of surrounding neighborhoods or to highway travelers. Convenience grocery stores are not intended to be similar in size to supermarkets or to offer the range of grocery items that are normally found in supermarkets. The maximum permitted gross floor area for a convenience grocery store shall be 3,000 square feet.

e grocery store shall mean a store for the retail sale of grocery items to residents of surrounding neighborhoods or to highway travelers. Convenience grocery stores are not intended to be similar in size to supermarkets or to offer the range of grocery items that are normally found in supermarkets. The maximum permitted gross floor area for a convenience grocery store shall be 3,000 square feet.

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

Cottage food operation shall mean an enterprise at a private home where specific food products defined by the California Department of Public Health as "non-potentially hazardous" are prepared and/or packaged for sale to consumers.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 1140, § 1, 7-18-13, ef. 8-18-13)

Country club shall mean any occupancy by an association of persons, whether or not incorporated, with a permanently located building primarily for social activities and a combination of recreational facilities, such as a golf course, swimming pool, or tennis court, and commercial or noncommercial incidental or accessory uses.

County recorder shall mean the County Recorder of the County of Fresno.

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

Dairy drive-in shall mean a facility for the selling of dairy products only to the consumer while such consumer is occupying a motor vehicle.

Day shall mean a 24-hour calendar day.

Day nursery or child care nursery shall mean any group of buildings, building, or portion thereof used primarily for the daytime care of children with or without compensation.

Development services director shall mean the planning director, the building official and the director of community development.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 899, § 4, 11-4-93)

Sec. 90-21. - Definitions: Development project—Drugstore.

Development project, for the purpose of requiring recycling areas in conformance with the California Solid Waste Reuse and Recycling Access Act of 1991, shall mean any of the following:

(1)

A project for which a building permit is required for a commercial, industrial, or institutional building, or residential project where solid waste is collected and loaded in a location serving five or more living units;

(2)

Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste;

(3)

Any modification to a commercial, industrial, or institutional building, or residential project of five or more living units where solid waste is collected and loaded in a common location for which an application for a building permit is required and where such modification adds 30 percent or more to the existing floor area, or where the price of modification exceeds ten percent of the then current assessed value of the subject parcel.

District shall mean a zoning district established by this chapter.

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

Drive-in restaurant shall mean any building or structure in which food and drink are prepared for service to customers within such structure or occupying vehicles outside of such structures and including self-service restaurants for take-out food.

Driveway shall mean any vehicular access to an off-street parking or loading facility.

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

(Ord. No. 807, § 8, 4-19-88; Ord. No. 925, § 1, 1-5-95)

Duplex shall mean the same as Dwelling, two-family.

Dwelling shall mean a building or portion thereof designed and used exclusively for residential occupancy and permitted home occupations, including one-family, two-family, and multiple dwellings, but not including hotels, motels, boardinghouses or lodginghouses, or mobile homes, with or without wheels, except in the T-P district.

Dwelling, group, shall mean two or more single-family dwellings located on a single lot, each having separate kitchen and toilet facilities, and each located in a separate building.

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

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

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

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-23. - Definitions: Easement—Essential service.

Easement shall mean a space on a lot or parcel of land reserved for or used for public uses.

Educational institutions shall mean public and other nonprofit institutions conducting regular academic instruction at preschool, kindergarten, elementary, secondary, and collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either:

(1)

Offer general academic instruction equivalent to the standards prescribed by the state board of education;

(2)

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

(3)

Conduct research; or

(4)

Give religious instruction.

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

Electrical distribution substation shall mean an electrical substation with a primary voltage of 110 KV or less, with distribution circuits served therefrom.

Electric vehicle automatic load management systems (ALMS) shall mean a control system which allows multiple EV chargers or EV-Ready electric vehicle outlets to share a circuit or panel and automatically reduce power at each charger, providing the opportunity to reduce electrical infrastructure costs and/or provide demand response capability. ALMS systems must be designed to deliver at least 1.4 kW per charger to each EV capable, EV ready, or EVCS space served by ALMS. The connected amperage on-site shall not be lower than the required connected amperage per Part 11, 2019 California Green Building Code, as may be amended for the relevant building types.

reduce electrical infrastructure costs and/or provide demand response capability. ALMS systems must be designed to deliver at least 1.4 kW per charger to each EV capable, EV ready, or EVCS space served by ALMS. The connected amperage on-site shall not be lower than the required connected amperage per Part 11, 2019 California Green Building Code, as may be amended for the relevant building types.

Electric vehicle capable space shall mean a parking space linked to a listed electrical panel with sufficient capacity to provide at least 208/240 volts and 40 amperes to the parking space. Raceways linking the electrical panel and parking space only need to be installed in spaces that will be inaccessible in the future, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways must be at least one inch in diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The panel circuit directory shall identify the overcurrent protective device space(s) reserved for EV charging as "EV CAPABLE." Construction documents shall indicate future completion of raceway from the panel to the parking space, via the installed inaccessible raceways.

Electric vehicle charging station (EVCS) shall mean a parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of 30 amperes connected to a level 2 EV ready space. EVCS installation may be used to satisfy a level 2 EV ready space requirement.

Electric vehicle—Level 1 EV ready space or level 1 EV ready space shall mean a parking space served by a complete electric circuit with a minimum of 120-volt, 20-ampere capacity including electrical panel capacity, overprotection device, a minimum 1"-diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "electric vehicle outlet" with at least a ½" font adjacent to the parking space, or b) EVSE.

Electric vehicle—Level 1 EV ready space or level 2 EV ready space shall mean a parking space served by a complete electric circuit with 208-240-volt, 40 ampere capacity including electrical panel capacity, overprotection device, a minimum one-inch diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "electric vehicle outlet" with at least a ½" font adjacent to the parking space, or b) EVSE with a minimum output of 30 amperes.

Electric vehicle—Level 3 EV ready space or level 3 EV ready space shall mean a parking space served by a complete electric circuit with a minimum 400-volt capacity including electrical panel capacity, overprotection device, a minimum one-inch diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and a receptacle labelled "electric vehicle outlet" with at least a ½" font adjacent to the parking space b) 400-volt EVSE."

an a parking space served by a complete electric circuit with a minimum 400-volt capacity including electrical panel capacity, overprotection device, a minimum one-inch diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and a receptacle labelled "electric vehicle outlet" with at least a ½" font adjacent to the parking space b) 400-volt EVSE."

Emergency shelter shall mean housing with minimal supportive services for any homeless person(s) that is limited to occupancy of six months or less by any homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelters shall also include other interim interventions, including but not limited to, low barrier navigation centers, bridge housing, and respite or recuperative care.

Employee/farmworker housing serving six or fewer persons shall mean to be in compliance with California Health and Safety Code § 17008, including temporary mobile homes and any attached or detached dwelling unit used to house farm or agricultural workers and their family members. Employee housing for six or fewer persons is treated as a single-family structure and residential use as described in California Health and Safety Code § 17021.5.

Employee/farmworker housing serving group quarters shall mean to be in compliance with California Health and Safety Code § 17008, including temporary mobile homes and any attached or detached dwelling unit used to house farm or agricultural workers and their family members. Employee housing consisting of no more than 36 beds in group quarters (or 12 units or less) designed for use by a single family or household is treated as agricultural use as described in California Health and Safety Code § 17021.6.

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

(Ord. No. 807, § 8, 4-19-88; Ord. No. 1167, § 1, 2-18-16; Ord. No. 2024-02, § 1, 4-4-24; Ord. No. 2025-04, § 4(Exh. A, § 2), 5-15-25)

Sec. 90-24. - Definitions: Factory-built housing—Fence.

Factory-built housing shall mean a unit as defined by Health and Safety Code § 19971 and includes a dwelling unit which is either wholly or in substantial part manufactured at an off-site location and is assembled on-site. Factory-built housing shall not be deemed to include a mobile home, mobile accessory building or structure, a recreational vehicle, or a commercial coach.

Family shall mean one or more persons living together in a dwelling unit with common access to, and common use of, living and eating areas and facilities for the preparation and storage of food within the dwelling unit. (See also single housekeeping unit).

Family day care home shall mean a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, as set forth in Health and Safety Code § 1596.75, including both large and small family day care homes.

Family, religious, shall mean two or more persons living together, not for the purpose of rendering onpremises services, including, but not limited to, religious or commercial services to others, and for the

purpose of service to and observance of a religious or an ethical discipline and not exceeding seven persons, other than servants who may not be residing upon the premises.

Fence shall mean any structural device forming a physical barrier which is so constructed that not less than 50 percent of the vertical surface is open to permit the transmission of light, air, and vision through said surface in a horizontal plane. For solid fences and walls, see wall, solid. The special standard of section 90883 shall apply.

Fence, open, shall mean any structural device forming a physical barrier which is so constructed that not less than 75 percent of the vertical surface is open to permit the transmission of light, air, and vision through said surface in a horizontal plane measured at angles of 90 degrees and at 45 degrees to the fence. For solid fences and walls, see fence and wall, solid. The standards of section 90-883 shall apply.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 986, § 1, 5-21-98; Ord. No. 1009, § 1, 11-16-00; Ord. No. 2025-04, § 4(Exh. A, § 2), 5-15-25)

Sec. 90-25. - Definitions: Filling station—Frontage.

Filling station shall mean the same as Automobile service station.

Flood control-channel shall mean the same as Drainage channel.

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

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

Frontage shall mean that portion of a parcel of property which abuts a dedicated public street or highway.

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-26. - Definitions: Front wall—Garage, public.

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

Frontage road or service road shall mean those roads which parallel freeways or expressways, providing for access to abutting property or for circulation, and being separated from the highway by a dividing strip.

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

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

Garage, public, shall mean any garage other than a private garage.

(Ord. No. 807, § 8, 4-19-88)

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

Garage, storage, shall mean any premises used exclusively for the storage of vehicles.

Garage (yard) sale shall mean the sale of used household goods by the occupant of a residential property, whereby the items for sale are displayed in a garage or yard area. Garage/yard sales may be conducted for a period of not more than two consecutive days.

Garbage shall mean any waste food materials of an animal or vegetable nature, including that which may be used for the fattening of livestock.

Gasoline service shall mean an operation that dispenses gasoline and motor fuel in conjunction with a companion permitted use or a self-service operation with air, water and restroom facilities.

(Ord. No. 807, § 8, 4-19-88)

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

Grade shall mean the gradient, the rate of incline or decline expressed as a percent. For example, a rise of 25 feet in a horizontal distance of 100 feet would be expressed as a grade of 25 percent. See also Slope.

Greenhouse shall mean a building or structure constructed chiefly of glass-like translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants. The special standard of subsection 90-894(2) shall apply.

Guest shall mean any transient person who occupies a room for sleeping purposes.

Guest home shall mean the same as Rest home.

(Ord. No. 807, § 8, 4-19-88)

Guest house shall mean the same as Accessory living quarters.

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

Height of building shall mean the same as Building, height of.

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

Home for the aged shall mean the same as Rest home.

(Ord. No. 807, § 8, 4-19-88)

Home occupation shall mean any enterprise or business use conducted within a residential dwelling and carried on by the inhabitants thereof. Examples of home occupations include, but are not limited to, consulting professional occupations, the giving of music lessons or tutoring services, a cottage food operation as defined in this chapter, a home office of a business operation, and handicraft manufacture of products.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 1140, § 1, 7-18-13, ef. 8-18-13)

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

Household pets shall mean animals, birds, or fowl ordinarily permitted in a dwelling and kept only for the company or pleasure provided to the occupants. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine, or ruminant animals, pigs, predatory wild animals, chickens, ducks, geese, turkeys, game birds and fowl which normally constitute an agricultural use. The keeping of household pets or other animals is lawful only in those districts where the use is listed as a permitted use or when any household pets are kept as an accessory use to lawfully maintained residences in other districts. The keeping of any animal not herein described as a household pet shall not be deemed an accessory residential use.

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

Industrial district shall mean the following districts: C-M, M-L, and M-H.

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

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

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-32. - Definitions: Junk—Labor camp, permanent farm.

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

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

Kennel shall mean any lot or premises on which four or more dogs and/or cats at least four months of age are kept, boarded or trained, whether in special buildings or runways or not, or where any animal is kept for the purpose of sale or breeding.

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

Labor camp, permanent farm, shall mean any living quarters such as dwellings, boardinghouses, bunkhouses, or other housing accommodations, permanently maintained in connection with any farm work for the housing of five or more farm employees.

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-33. - Definitions: Labor camp, temporary farm—Local street.

Labor camp, temporary farm, shall mean living quarters, such as tents or automobile trailers temporarily maintained in connection with any farm work or place where farm work is being performed on the premises, provided for the camping of five or more temporary farm employees. Such camp may be occupied or used for a period not to exceed 90 consecutive days.

Landscaping shall include planting of vegetation of all types and the continued maintenance thereof in a normal, healthy condition and shall also include exterior decoration, furniture, and structures required by and indicated upon a site plan.

Licensed residential care facility shall mean any family home, group care facility, or similar facility, licensed by the state, that is maintained and operated to provide twenty-four-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily life or for the protection of the individual. A large licensed residential care facility serves seven or more clients, while a small licensed residential care facility serves six or fewer clients.

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

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

Local street shall mean a street or road primarily for service to abutting property.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 2025-04, § 4(Exh. A, § 2), 5-15-25)

Sec. 90-34. - Definitions: Lodginghouse—Lot, cul-de-sac.

Lodginghouse shall mean the same as Boardinghouse.

Lot shall mean:

(1)

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

(2)

A parcel of real property delineated on an approved record of survey, parcel or subdivision map as filed in the office of the county recorder or in the city hall and abutting at least one public street or right-of-way or approved private road right-of-way and held under separate ownership from abutting property; or

(3)

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

Lot area shall mean the total of the area, measured in a horizontal plane, within the lot lines of a lot.

Lot, corner, shall mean a lot located at the intersection or interception of two or more streets at an angle of not more than 120 degrees. If the angle is greater than 120 degrees, the lot shall be considered an "interior lot." See Lot, interior.

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

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

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

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-35. - Definitions: Lot, curve—Lot line, front.

Lot, curve, shall mean a lot fronting on the outside curve of the right-of-way of a curved street, which street has a centerline radius of 200 feet or less.

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

Lot, interior, shall mean a lot other than a corner lot.

Lot, key, shall mean the first lot to the rear of a reversed corner lot, whether or not separated by an alley.

Lot line shall mean any line bounding a lot as herein defined.

Lot line, front, shall mean the property line abutting a street. The special standard of subsection 90-893(1) shall apply.

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-36. - Definitions: Lot line, rear—Manufactured housing.

Lot line, rear, shall mean a lot line not abutting a street which is opposite and most distant from the front lot line. The special standard of subsection 90-893(1) shall apply.

Lot line, side, shall mean any lot line not a front lot line or rear lot line. The special standard of subsection 90-893(1) shall apply.

Lot, nonconforming, shall mean a lot having less area or dimension than that required in the district in which it is located, and which was lawfully created prior to the zoning thereof whereby the larger area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the office of the county recorder, which does not abut a public road or a public right-of-way and which was lawfully created prior to October 5, 1982.

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

Lot, through, shall mean a lot having frontage on two dedicated streets, not including a corner or reversed corner lot. The special standard of subsection 90-893(1) shall apply.

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

Low-barrier navigation center (LBNCs) shall mean a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

Manufactured home means a structure that complies with Health and Safety Code § 18007.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 1161, § 1, 9-3-15; Ord. No. 2025-04, § 4(Exh. A, § 2), 5-15-25)

Sec. 90-37. - Definitions: Marquee—Mobile home accessory building.

Marquee shall mean a permanent roofed structure attached to and supported by a building and projecting over public property.

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

Medical or dental clinic shall mean the same as Medical office.

Mobile home shall mean a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobile home does not include a recreational vehicle, commercial coach, or factory-built housing.

(1)

A dependent mobile home is one not equipped with a toilet for sewage disposal.

(2)

An independent mobile home is one equipped with a toilet for sewage disposal.

(3)

A self-contained mobile home is one equipped with a toilet, water storage tank for portable water, and sewage holding tank.

Mobile home accessory building or structure shall mean any awning, portable, demountable, or permanent cabana, ramada, storage cabinet, carport, fence, windbreak, or porch established for the use of the occupant of the mobile home.

(Ord. No. 807, § 8, 4-19-88)

Mobile home lot shall mean any area or tract of land or portion of a mobile home park, travel trailer park, recreational trailer park, temporary trailer park, or tent camp designated or used for the occupancy of one mobile home, travel trailer, camp car, or camping party.

Mobile home park shall mean any area or tract of land where two or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.

Mobile recycling unit shall mean an automobile, truck, trailer or van licensed by the department of motor vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

Modular home shall mean factory-built housing.

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

Motor home shall mean the same as recreational vehicle.

Mural shall mean a display or picture painted or otherwise applied directly on an exterior wall of a structure, designed as a decorative or ornamental feature. A mural may not contain text (except as deemed

appropriate within the context of the mural), numbers, registered trademarks, registered logos, or business or service advertising or identification.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 1021, § 1, 8-2-01)

Nonconforming building shall mean a building or portion thereof which was lawful when established, but which does not conform to subsequently established zoning or zoning regulations. See section 90-921 et seq. for regulations.

Nonconforming use shall mean a use lawful when established, but which does not conform to subsequently established zoning or zoning regulations. See section 90-921 et seq. for regulations.

Nursery school shall mean the same as Day nursery.

Nursing home shall mean the same as Hospital.

Office shall mean a room or building where a particular kind of business or service for others is transacted but not including infrequent or occasional services rendered from a home.

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-40. - Definitions: Office, main—Parking area, private.

Office, main, shall mean the principal location of a business where correspondence is directed, primary and current records are retained, and where the majority of the business is transacted.

Office, temporary, shall mean the secondary location of a business, separate and subordinate to a main office, the use of which is incidental to the main office and limited to short and specific periods of time.

Official plan lines shall mean the same as highway setback lines.

Outdoor advertising shall include the definitions of Advertising structure and Sign.

Outdoor venue - outdoor dining (mobile vendors), serving alcoholic beverages, live entertainment shall mean a designated area within city limits where mobile vendors, restaurants, catering services, etc. are permitted to operate, offering outdoor dining services to the public. These venues are authorized to serve alcoholic beverages in compliance with local alcohol control laws. Additionally, they may provide live entertainment, such as music or performances, to enhance the dining experience. The operation of such venues must adhere to all applicable health, safety, and zoning regulations set forth by the city.

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

(Ord. No. 807, § 8, 4-19-88; Ord. No. 2024-06, § 1, 8-1-24)

Sec. 90-41. - Definitions: Parking area, public—Petroleum bulk plant.

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

Parking space, automobile, shall mean an area, other than a street or alley, reserved for the parking of an automobile, plus such additional area as is necessary to afford adequate ingress and egress. The special standard of section 90-881 et seq. shall apply.

Patio, covered, shall mean the same as Structure.

Person shall mean an individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, city, and all agencies of the state, districts, or political subdivisions subject to regulation by the city, but shall not include the federal government, state, county, or district agricultural association.

Petroleum bulk plant shall mean a local wholesale distribution facility designed to serve the needs of the surrounding area.

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-42. - Definitions: Place—Provisions.

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

Planned unit development shall mean a residential, commercial, or industrial development which is designed and built as a planned unit pursuant to the provisions of sections 90-1014 through 90-1017.

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

Property line shall mean the same as Lot line.

Provisions shall mean all regulations and requirements referred to in the text of this chapter.

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-43. - Definitions: Quasi-public organizations—Recreational vehicle.

Quasi-public organizations shall mean any nongovernment organization that is devoted to public service and welfare.

Railroad right-of-way shall mean a strip of land of a maximum width of 100 feet only for the accommodation of a mainline or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.

Ramada shall mean an arbor or pergola-like structure.

Recreational vehicle shall mean a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a

living area less than 220 square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.

(Ord. No. 807, § 8, 4-19-88)

Recyclable material shall mean reusable material including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Health and Safety Code §§ 25250.11 and 25143.2(b)(4).

Recycling area shall mean the space provided in the solid waste collection and loading area for the collection and loading of recyclable material.

Recycling facility shall mean a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the state department of conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:

(1)

Collection facility. A collection facility is a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in section 90-1093, criteria and standards. Collection facilities may include the following:

a.

Reverse vending machines.

b.

Small collection facilities which occupy an area of not more than 500 square feet, and may include:

1.

A mobile unit.

2.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet.

Kiosk type units which may include permanent structures.

4.

Unattended containers placed for the donation of recyclable materials.

c.

Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.

(2)

Processing facility. A processing facility is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:

a.

A light processing facility occupies an area of under 45,000 square feet of gross collection, processing and storage area and has up to an average two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of sourceseparated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

b.

A heavy processing facility is any processing facility other than a light processing facility.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 925, § 2, 1-5-95)

Sec. 90-45. - Definitions: Residence—Rezoning.

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

Residential districts shall mean the following districts: R-A, R-1-6, R-1-10, R-1-7.5, RM-2.5, RM-2.5(s), RM1.5, RM-1.5(s), RM-1 and T-P.

Rest home or home for the aged shall mean premises used for the housing of and caring for the ambulatory, aged, or infirm, which premises require a license from the state or county.

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

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

Reverse vending machine shall mean an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

Rezoning shall mean the same as Zoning district, change of.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 970, § 1, 7-17-97)

Sec. 90-46. - Definitions: Road—School, elementary, junior high or high.

Road shall mean the same as Street.

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

Roominghouse shall mean the same as Boardinghouse.

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

School, elementary, junior high or high, shall mean public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the state board of education.

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-47. - Definitions: School, private—Service station.

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

School, trade, shall mean schools offering preponderant instruction in the technical, commercial, or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools, and similar commercial establishments operated by a nongovernmental organization.

Secondhand store shall mean a retail business which sells used merchandise.

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

Service station shall mean the same as automobile service station.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 1171, § 1, 6-16-16; Ord. No. 2025-04, § 4(Exh. A, § 2), 5-15-25)

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

Setback line, highway, shall mean the same as Highway setback line.

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

Shopping center shall mean two or more attached uses which are located on the same property and jointly use ancillary facilities.

Sign. All definitions pertaining to signs are located in subsection 90-891(2).

(Ord. No. 807, § 8, 4-19-88; Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-49. - Reserved.

Editor's note— Ord. No. 1092, Exh. A, adopted July 19, 2007, deleted § 90-49, which pertained to definitions: sign, freestanding—sign, wall and derived from Ord. No. 807, § 8, adopted April 19, 1988.

Sec. 90-50. - Definitions: Single housekeeping unit—Small family (rest) home.

Single housekeeping unit shall mean one or more individuals occupying a dwelling unit with common access to, and common use of, living and eating areas and facilities for the preparation and storage of food within the dwelling unit. (See also family).

Single room occupancy (SRO) shall mean a facility operated by a provider with six or more dwelling units for persons of lower income where each unit has living space with a minimum floor area of 150 square feet and a maximum of 400 square feet restricted to occupancy by no more than two persons. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.

Site-built housing shall mean housing built in a conventional manner upon a site rather than in a factory and which is not manufactured housing.

Site plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. See sections 90-1009 through 90-1013 for requirements.

Slope shall mean a natural or artificial incline, as a hillside or terrace. Slope is usually expressed as a ratio. For example, a horizontal distance of 100 feet with a rise of 50 feet would be expressed as a 2:1 slope. See also grade, top of slope and toe of slope.

Small animal, domestic, shall mean a cat, dog, rabbit, hamster, guinea pig, white rat, mouse, canary, parakeet, or any animal usually considered a pet, not including farm-type animals.

Small family (rest) home shall mean premises used for the housing or care of not more than six ambulatory, aged, or infirm persons, which premises require a license from the state or county.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 2025-04, § 4(Exh. A, § 2), 5-15-25)

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

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

Stable, public, shall mean a stable other than a private stable.

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

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

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-52. - Definitions: Street, centerline—Structure, accessory.

Street, centerline, shall mean the centerline of a street right-of-way as established by official surveys.

Street line shall mean the boundary line between the street right-of-way and abutting property.

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

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

Structure, accessory, shall mean a detached subordinate structure located on the same site with the main structure or the main use of the land; attached structures open on three sides or more.

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-53. - Definitions: Structural alteration—Swimming pool.

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

Structure, temporary, shall mean a structure which is readily movable and used or intended to be used for a period not to exceed 90 consecutive days.

Supermarket shall mean a market having 10,000 or more square feet of floor area devoted principally to the sale of food.

Supportive housing shall mean housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist 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.

Swimming pool shall mean any permanent structure containing a body of water intended for recreation uses, and shall include wading pools.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 1169, § 1, 2-18-16) Sec. 90-54. - Definitions: Target population—Truck service station.

Target population for the purposes of supportive housing shall mean 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 Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the 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.

Toe of slope shall mean that point or line of initial break where the terrain changes to an upward direction.

Top of slope shall mean that point or line of initial break where the terrain changes to a downward direction.

Trailer, travel, shall mean a vehicle other than a motor vehicle which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur's license or both, without violating any provision of the state vehicle code.

Transient shall mean a person who is receiving accommodations for a price, with or without meals, for a period of not more than 180 continuous days in any one year.

Transitional housing shall mean 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 service station shall mean an occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for automobile service station.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 1169, §§ 2, 3, 2-18-16; Ord. No. 2025-04, § 4(Exh. A, § 2), 5-15-25)

Sec. 90-55. - Definitions: Used—Wall, solid.

Unlicensed residential care facility shall mean any family home, group home, group care facility, or similar facility, not required to be licensed by the state and operated as a single housekeeping unit, maintained and operated to provide twenty-four-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily life or for the protection of the individual.

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

Utility easement shall mean the same as easement.

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

Wading pool shall mean the same as swimming pool.

Wall shall mean any structure or device forming a physical barrier, which is so constructed that 50 percent or more of the vertical surface is closed and prevents the passage of light, air, and vision through said surface in a horizontal plane. The special standards of subsection 90-883(1) shall apply.

Wall, solid, shall mean any structure or device forming a physical barrier, which is so constructed that not less than 90 percent of the vertical surface is closed and prevents the passage of light, air, and vision through said surface in a horizontal plane. The special standards of subsection 90-883(1) shall apply.

(Ord. No. 807, § 8, 4-19-88; Ord. No. 2025-04, § 4(Exh. A, § 2), 5-15-25)

Sec. 90-56. - Definitions: Wholesaling—Yard, side.

Wholesaling shall mean the selling of any type of goods for the purpose of resale.

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

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

Yard (garage) sale shall mean the sale of used household goods by the occupant of a residential property, whereby the items for sale are displayed in a garage or yard area. Garage/yard sales may be conducted for a period of not more than two consecutive days.

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

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

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-57. - Definitions: Zone—Zoning ordinance.

Zone shall mean the same as District.

Zoning board of adjustment shall mean the city planning commission.

Zoning board of appeals shall mean the city council.

Zoning district shall mean the same as District.

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

Zone map shall mean the official zone map of the city which is a part of the zoning ordinance of the city.

Zoning ordinance or ordinance shall mean the zoning ordinance of the city.

(Ord. No. 807, § 8, 4-19-88)

Sec. 90-58. - Costs of city's action to enforce zoning ordinance.

In any action brought by the city to enforce the provisions of the zoning ordinance the court may award the city to be paid by the defendant, in addition to any other relief, all reasonable costs incurred by the city to bring the action including attorney's fees, expert witness fees and other expenses.

Secs. 90-59—90-90. - Reserved.

ARTICLE II. - ZONING DISTRICTS AND APPLICABLE REGULATIONS

Sec. 90-91. - Establishment of zoning districts.

The zoning districts established by this zoning ordinance are as follows:

(Ord. No. 2021-05, § 2, 6-17-21)

Sec. 90-92. - Determination of district boundaries.

Whenever any uncertainty exists as to the boundary of a district as shown on the official zone map, the following regulations shall apply:

(1)

Where a boundary is indicated as a street, alley, railroad right-of-way, canal, or other watercourse, the centerline of such shall be considered to be the boundary line. In the event of abandonment, the property shall immediately become classified in the same district as the property adjoining the former street, alley, railroad right-of-way, canal, or watercourse.

(2)

Where a boundary line is indicated as following a lot or property line, it shall be construed as coinciding with the property ownership line.

(3)

Where neither subsection (1) nor (2) apply, the boundary line shall be determined by the use of the scale designated on the official zone map.

(4)

If further uncertainty exists, the planning commission, following the procedure specified in sections 90-991 through 90-993, shall determine the location of the boundary in question.

Sec. 90-93. - Changes of district boundaries due to annexation.

(a)

Where property annexed to the city has been classified by the city pursuant to prezoning provisions, such prezoning classification shall become the effective zoning of the property at the same time that the annexation becomes effective. The method of accomplishing prezoning, determining the zoning district that will apply to such property in the event of subsequent annexation to the city, shall be the same as that specified for change of zoning district amendments in sections 90-994 through 90-997. Prezoning shall be recorded on the official zone map in the same manner as change of zoning district amendments, but shall be identified by the use of parentheses enclosing the district symbols.

(b)

Where property annexed to the city was not prezoned by the city, it shall be classified in the U-R district upon annexation.

(Ord. No. 950, § 1, 5-16-96)

Sec. 90-94. - Uses relating to marijuana.

Chapter 90, article XXVII of this Code shall apply in all zoning districts in the city notwithstanding any provision in chapter 90 of this Code.

(Ord. No. 2017-01, § 1, 4-20-17)

Secs. 90-95—90-120. - Reserved.

ARTICLE III. - U-R URBAN RESERVE DISTRICT

Sec. 90-121. - Purpose.

The U-R district is intended to be utilized to reserve in a substantially undeveloped state areas planned for future urban use where, because the areas lack public facilities or services, or because the need for urban expansion within them is not immediate, it is necessary to prevent the development of uses or structures which might be premature or conflict with the future planned urban use of the areas.

The following uses shall be permitted in the U-R district plus such other uses as the commission, following the procedure set forth in sections 90-991 through 90-993, may determine to be similar in nature and consistent with the intent of the district as specified in section 90-121:

(1)

Agricultural crops, greenhouses, fruit trees, nut trees, vines, nurseries for producing trees, vines and other horticultural stock.

(2)

Accessory dwelling units subject to the provisions of article XXXI.

(3)

Employee/farmworker housing serving six or fewer persons, subject to the provisions of section 90-904.

(4)

Employee/farmworker housing serving group quarters, subject to the provisions of section 90-904.

(5)

Small (six or fewer persons) licensed or unlicensed residential care facility, subject to the provisions of section 90-902.

(6)

Supportive housing, subject to the provisions of section 90-903.

(7)

Transitional housing, subject to the provisions of section 90-903.

(8)

Bovine animals and horses, where the lot area is 36,000 square feet or more and provided that the number thereof shall not exceed a number per each 36,000 square feet equal to four adult animals in any combination of the foregoing animals and their immature offspring, with not more than two adult animals of a bovine or equine kind or combination thereof and their immature offspring per each 36,000 square feet.

The keeping of all domestic animals provided for herein shall conform to other provisions of law governing same, and no pen, stable, barn, or corral shall be maintained within 25 feet of a side or rear property, or within 35 feet of any building used for human habitation unless such building is occupied by the owner or keeper of the animals or within 100 feet of the front line of the lot; however, this shall not apply to the pasturing of animals within the above-mentioned setbacks.

(9)

Poultry and rabbits for domestic purposes only.

(10)

Storage of petroleum products for use by the occupants of the premises, but not for resale or distribution.

(11)

The sale of agricultural products produced upon the subject property.

(12)

Home occupations subject to the standards and conditions in section 90-897.

(13)

The keeping of household pets, subject to the provisions of section 90-31.

(14)

Accessory buildings and structures including, but not limited to, stables, barns, pens, sheds, and other structures for the housing of animals and feed, equipment and tools customarily maintained in connection with the uses permitted in this district.

(Ord. No. 950, § 2, 5-16-96; Ord. No. 1140, § 1, 7-18-13, ef. 8-18-13; Ord. No. 2025-04, § 4(Exh. A, § 3), 5- 15-25)

Sec. 90-123. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the U-R district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission, following the procedure set forth in sections 90-991 through 90-993, may determine to be similar in nature and consistent with the intent of the district as specified in section 90-121:

(1)

Apiaries.

(2)

Communications equipment buildings and structures.

(3)

Electrical transmission and distribution substations.

(4)

One-family dwelling units.

(5)

Water pump stations.

(6)

Large (seven or more persons) licensed residential care facility, subject to the provisions of section 90-902.

(Ord. No. 2025-04, § 4(Exh. A, § 3), 5-15-25)

Sec. 90-124. - Property development standards.

The following property development standards, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the U-R district, except one-family dwellings. The property development standards of the R-1-6 district, sections 90-294 through 90-298, shall apply to one-family dwellings developed in the U-R district:

(1)

Lot area. Each lot shall have a minimum area of five acres measured from the center of any abutting roadway, stream, railroad, or public right-of-way forming a boundary line. Where a lot or parcel of land was

of record under separate ownership on October 5, 1982, such lot may be used for or occupied by any use permitted in this district irrespective of the lot area.

(2)

Lot dimensions. No requirements.

(3)

Population density. Not more than one dwelling unit shall be permitted per lot.

(4)

Building height. The provisions of the R-A district, subsection 90-184(4), shall apply.

(5)

Yards.

a.

General yard requirement. All required yards shall extend the full width or depth of the lot and shall be open from the ground to the sky, provided that the exceptions specified for the R-1-6 district, subsection 90295(1), shall apply.

b.

Front yard. Each lot shall have a front yard of not less than 35 feet.

c.

Side yard.

1.

Each lot shall have a side yard on each side of not less than 20 feet.

2.

On corner lots there shall be a side yard of not less than 35 feet on the side abutting a street.

d.

Rear yard. Each lot shall have a rear yard of not less than 20 feet, provided that if said rear yard abuts a street, the rear yard shall be 35 feet in depth.

(6)

Space between buildings. No requirements.

(7)

Lot coverage. No requirements.

(8)

Fences, hedges, and walls. No requirements.

(9)

Off-street parking. No requirements.

(10)

Access. There shall be adequate vehicular access from a dedicated and improved public street, alley or service road.

(11)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(12)

Loading spaces required. No requirements.

(Ord. No. 1092, Exh. A, 7-19-07)

Secs. 90-125—90-150. - Reserved.

ARTICLE IV. - RSC RECREATION, SCHOOL AND CONSERVATION DISTRICT

The RSC district is intended for application to those areas of the city where it is necessary and desirable to provide permanent open spaces and to provide space for the location and preservation of public schools, recreation sites and other public use areas in order to safeguard the health, safety and general welfare of the people.

Sec. 90-152. - Uses permitted.

The following uses shall be permitted in the RSC district plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-151:

(1)

Public and quasi-public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations; schools, and other public buildings, structures and facilities; public playgrounds, parks and community centers.

(2)

Flood control channels; water pumping stations and reservoirs; irrigation ditches and canals and ditch and canal rights-of-way; settling and water conservation recharging basins; parkways.

(3)

Incidental and accessory structures and uses located on the same site as a permitted use.

(4)

Murals subject to the approval of a mural permit pursuant to 90-891(9).

(Ord. No. 950, § 3, 5-16-96; Ord. No. 1168, § 3, 2-18-16)

Sec. 90-153. - Uses permitted subject to conditional use permit.

The following uses shall be permitted as provided in sections 90-998 through 90-1001, plus such other uses as the commission, following the procedures set forth in sections 90-991 through 90-993, may determine to be similar in nature and consistent with the intent of the district as specified in section 90-151: None.

Sec. 90-154. - Property development standards.

The following property development standards, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the RSC district:

(1)

Lot area. No requirements.

(2)

Lot dimensions. No requirements.

(3)

Population density. No requirements.

(4)

Building height. No requirements.

(5)

Yards. No requirements.

(6)

Space between buildings. No requirements.

(7)

Lot coverage. No requirements.

(8)

Fences, hedges and walls. No requirements.

(9)

Off-street parking. No requirements.

(10)

Access. No requirements.

(11)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(12)

Loading spaces required. No requirements.

(Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-155. - Site plan review.

No permitted use shall be erected on any lot site in this district until a site plan shall have been submitted to and approved by the planning commission pursuant to the provisions of sections 90-1009 through 901013.

Secs. 90-156—90-180. - Reserved.

ARTICLE V. - R-A SINGLE-FAMILY RESIDENTIAL AGRICULTURAL DISTRICT

Sec. 90-181. - Purpose.

The R-A district is intended to provide for the development of one-family residential estate homes in a semi-rural environment on lots not less than 36,000 square feet in area with not more than one dwelling unit permitted on any lot. All regulations for this district are deemed to be necessary for the protection of the quality of the residential environment and for the securing of the health, safety and general welfare of the residents.

Sec. 90-182. - Uses permitted.

The following uses shall be permitted in the R-A district, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-181:

(1)

One-family dwellings. A site plan review shall be required for a mobile home installation subject to the provisions of subsection 90-1009(b)(2).

(2)

Accessory buildings.

(3)

Accessory dwelling units, subject to the provisions of article XXXI.

(4)

Garages.

(5)

Servants' quarters and accessory living quarters on parcels of land having a minimum lot area of 36,000 square feet or more.

(6)

Employee/farmworker housing serving six or fewer persons, subject to the provisions of section 90-904.

(7)

Employee/farmworker housing serving group quarters, subject to the provisions of section 90-904.

(8)

Accessory farm buildings.

(9)

Agricultural crops, greenhouses, fruit trees, nut trees, vines, nurseries for producing trees, vines and other horticultural stock, with necessary temporary farm labor camps.

(10)

Bovine animals, horses, where the lot area is 36,000 square feet or more and provided that the number thereof shall not exceed a number per each 36,000 square feet equal to four adult animals in any combination of the foregoing animals and their immature offspring with not more than two adult animals of a bovine or equine kind or combination thereof and their immature offspring per each 36,000 square feet. The keeping of all domestic animals provided for herein shall conform to other provisions of law governing same, and no pen, stable, barn, or corral shall be maintained within 25 feet of a side or rear property line or within 35 feet of any building used for human habitation unless such building is occupied by the owner or keeper of the animals, or within 100 feet of the front line of the lot; however, this shall not apply to the pasturing of animals within the above-mentioned setbacks.

(11)

Poultry and rabbits for domestic purposes only.

(12)

Storage of petroleum products for use by the occupants of the premises but not for resale or distribution.

(13)

The sale of agricultural products produced upon the subject property.

(14)

Home occupations subject to the standards and conditions in section 90-897.

(15)

The keeping of household pets in accordance with section 90-31.

(16)

Tract offices, model homes and construction materials storage yards of a temporary nature within the tract being developed and subject to the conditions applicable to subdivision signs on site as set forth in subsection 90-891(6)b.

(17)

State licensed family day care homes.

(18)

Supportive housing, subject to the provisions of section 90-903.

(19)

Transitional housing, subject to the provisions of section 90-903

(20)

Small (six or fewer persons) licensed or unlicensed residential care facility, subject to the provisions of section 90-902.

(Ord. No. 950, § 4, 5-16-96; Ord. No. 970, § 2, 7-17-97; Ord. No. 986, § 2, 5-21-98; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 1140, § 1, 7-18-13, ef. 8-18-13; Ord. No. 1169, § 4, 2-18-16; Ord. No. 2025-04, § 4(Exh. A, § 4), 5-15-25)

Sec. 90-183. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the R-A district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-181:

(1)

Apiaries.

(2)

Churches.

(3)

Country clubs and golf courses.

(4)

Electrical distribution substations.

(5)

Kennels.

(6)

Microwave relay structures.

(7)

Private or parochial schools of an elementary, secondary, or college level.

(8)

Public schools, parks and playgrounds.

(9)

Subdivision signs off site, subject to conditions of subsection 90-891(6)b.

(10)

Water pump stations.

(11)

Beauty operators subject to the provisions of home occupation, sections 90-30 et seq.

(12)

Bed and breakfast establishments in accordance with section 90-896.

(13)

Large (seven or more persons) licensed residential care facility, subject to the provisions of section 90-902.

(Ord. No. 731, § 1, 8-2-83; Ord. No. 970, § 3, 7-17-97; Ord. No. 1045, § 2, 2-19-04; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 2025-04, § 4(Exh. A, § 4), 5-15-25)

Sec. 90-184. - Property development standards—Lot area, lot dimensions, population density, building height.

The following lot area, lot dimensions, population density and building height property development standards shall apply to all land and structures in the R-A district:

(1)

Lot area. Each lot shall have a minimum net area of 36,000 square feet. A nonconforming lot of record under separate ownership at the time it became nonconforming may be used for or occupied by any use permitted in this district.

(2)

Lot dimensions. All lots created after October 5, 1982, shall comply with the following minimum standards, and lots existing on the above date may not be reduced below these standards. Each dimension is minimum, only. One or both shall be increased to attain the minimum lot area required.

a.

Width.

1.

Interior lots shall have a minimum width of 130 feet.

2.

Corner lots and reversed corner lots shall have a minimum width of 130 feet.

3.

Lots siding on railroad rights-of-way shall have a minimum width of 160 feet.

b.

Depth. All lots shall have a minimum depth of 170 feet.

(3)

Population density. The provisions of sections 90-182 and 90-183 shall apply.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than 2½ stories, not to exceed 35 feet.

b.

No accessory buildings erected in this district shall have a height greater than one story, not to exceed 12 feet, to plate height.

(Ord. No. 731, § 2, 8-2-83)

The following property development standards for yards shall apply to all land and structures in the R-A district:

(1)

General yard requirements.

a.

All required yards shall extend the full width or depth of the lot and shall be open from the ground to the sky, except as provided in subsection (5) of this section.

b.

No main building shall be erected within 50 feet of the right-of-way of any railroad line or freeway.

c.

Swimming pools:

1.

Swimming pools shall not be located in any required front yard or side yard and its projection to the rear property line when abutting a street.

2.

Swimming pools shall not be located within five feet of any required front yard setback or within five feet of any required side yard setback and its projection to the rear property line when abutting a street.

3.

Swimming pools may be located in any required interior side yard and rear yard provided a space of not less than five feet is maintained from the side and rear property lines.

(2)

Front yard.

a.

Each lot shall have a front yard of not less than 35 feet extending across the full width of the lot except for special conditions treated below.

b.

Cul-de-sac lots shall have a front yard of not less than 35 feet.

c.

Partially built-up blocks. Where lots comprising 50 percent or more of the block frontage are developed with a front yard either greater or lesser in depth than that prescribed herein, the average of such existing front yards shall establish the front yard for the remaining lots in the block frontage. However, a front yard determined in this way shall not be less than 20 feet. Existing front yards of more than 50 feet shall be counted as 50 feet in calculating the average.

d.

Neighborhood unit plans. Where an entire block frontage is designed and developed as a unit, the minimum front yard requirements may be varied by not more than five feet in either direction provided that the average front yard for the entire frontage is less than that required in the district.

e.

Each lot with vehicular access from a major or secondary highway, as shown on the circulation element of the general plan, shall have a front yard of not less than 60 feet, extending across the full width of the lot except for the special conditions set forth above, and site plan review shall only be required if the depth of the front yard exceeds 75 feet.

(3)

Side yard.

a.

Generally. Each lot shall have a side yard on each side of not less than 15 feet except for special conditions treated below.

b.

Corner lots. On corner lots, unless otherwise specified in this chapter, the side yard abutting the street shall be not less than 25 feet in width.

c.

Reversed corner lots. On a reversed corner lot, the side yard abutting the street shall be not less than 25 feet. Private garages located in the side yard shall be at least 35 feet from the property line on the side street, and not less than five feet from the rear property line on said reversed corner lot.

d.

Accessory buildings in side yards.

1.

An accessory building having an opening on an alley shall be located not less than 25 feet from the opposite side of the alley; provided, however, that no such accessory building shall be located less than five feet from the property line.

Accessory buildings located in the side yard or its projection to the rear property line when abutting a street shall be at least 35 feet from the property line on the side street, and not less than five feet from the rear property line on a reversed corner lot.

e.

Main building abutting alley. When siding on an existing alley, a main building shall be located not less than 30 feet from the opposite side of the alley.

(4)

Rear yard.

a.

Generally. Each lot shall have a rear yard of not less than 20 feet. For exceptions for the main building, the general conditions, subsection 90-882(3), shall apply.

b.

Accessory buildings. Nonresidential accessory buildings may be permitted in a required rear yard in accordance with subsection 90-894(4) and as follows:

1.

An accessory building may be located on the rear property line when said building is not abutting an existing alley and is not located on an easement.

2.

An accessory building having an opening on an alley shall be located not less than 25 feet from the opposite side of the alley, or not less than five feet from the property line.

3.

Where any building or structure, except swimming or wading pools, occupies space in a required rear yard, the amount of space so occupied shall be provided elsewhere on the lot, exclusive of required yard areas. Said substitute space shall have minimum dimensions of eight feet by eight feet.

(5)

Exceptions. Permitted projections into required yards.

a.

Cornices, eaves, belt courses, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than five inches for each one foot of the such required side yard and may extend or project into a front or rear yard not more than 30 inches.

b.

Uncovered, unenclosed porches, platforms or landing places which do not extend above the level of the first floor of the building may extend into any front yard a distance of not more than six feet, and such features may not extend into a court more than 20 percent of the width of said court and in no case more than six feet, and may extend into any side or rear yard not more than three feet. An open work railing may be installed or constructed on any such porch, platform or landing place provided it does not exceed 36 inches in height.

c.

Open, unenclosed stairways or balconies not covered by a roof or canopy may extend or project into a required front yard not more than 30 inches.

(Ord. No. 731, § 2, 8-2-83)

Sec. 90-186. - Same—Space between buildings; lot coverage.

(a)

Space between buildings. The minimum distance between buildings for residential and agricultural uses in the R-A district shall be as follows:

(1)

Residential accessory buildings located to the rear of a main building in the area defined by the projection of the side lines of said building shall be not less than six feet from said main building. If attached by a breezeway roof the intervening space shall be considered as an outer court.

(2)

All other residential accessory buildings shall be located not less than six feet from any main building, except where said accessory building is used for garage purposes and where said garage is located within the area defined by the projection of the side lines of any main building, and where the vehicular access to said garage faces any main building and falls entirely or in part within said area, the garage shall be not less than 25 feet from any main building or buildings.

(3)

No animal or fowl pen, coop, stable, barn or corral shall be located within 40 feet of any dwelling or other building used for human habitation, or within 100 feet of the front property line of the subject property.

(b)

Lot coverage. Maximum lot coverage by buildings and structures in the R-A district shall not exceed 30 percent of the total lot area.

(Ord. No. 731, § 2, 8-2-83)

Sec. 90-187. - Same—Fences, hedges and walls.

This section is intended to provide for the regulation of the height and location of fences, hedges and walls in the R-A district for the purpose of providing for light, air and privacy, and safeguarding the public welfare by preventing visual obstructions at street and highway intersections.

(1)

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

a.

There shall be a corner cut-off area at all intersecting streets or highways. The cut-off line shall be in a horizontal plane, making an angle of 45 degrees with the side, front or rear property line as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of 30 feet from the intersection of lines at the corner of a street, alley or highway.

b.

There shall be a corner cut-off area on each side of any private driveway intersecting a street or alley. The cut-off lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edges of the driveway where it intersects the street or alley right-of-way.

c.

There shall be a corner cut-off area on each side of any alley intersecting a street or alley. The cut-off lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front or rear property line as the case may be. They shall pass through a point not less than ten feet from the edges of the alley where it intersects the street or alley right-of-way.

d.

Where, due to an irregular lot shape, a line at a 45 degree angle does not provide for intersection visibility, said corner cut-off shall be defined by a line drawn from a point on the front (or rear) property line that is not less than 30 feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than 30 feet from said intersection of the side and front (or rear) property lines.

(2)

Permitted fences, hedges and walls.

a.

Fences, hedges and walls not greater than six feet in height shall be permitted on or within all rear and side property lines on interior lots and on or to the rear of all front yard setback lines.

b.

No fence, wall or hedge over three feet in height other than an open fence not over four feet in height shall be permitted in any required front yard, or in the required side yard on the street side of a reversed corner lot, except on parcels of five acres or more.

c.

Fences or structures over six feet in height, to enclose tennis courts, or other game areas located within the rear half of the lot, shall be composed of wire mesh capable of admitting at least 90 percent of light as measured on a reputable light meter. Such fences shall be permitted in the required side or rear yard and subject to director review and approval.

(Ord. No. 731, § 2, 8-2-83; Ord. No. 1009, § 2, 11-16-00)

Sec. 90-188. - Same—Off-street parking; access.

(a)

Off-street parking. The provisions of sections 90-884 through 90-889 shall apply for off-street parking in the R-A district.

(b)

Access. The following property development standards for access shall apply to all land and structures in the R-A district:

(1)

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

(2)

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

(3)

There shall be an adequate paved turning area on lots facing on and having access to major arterial streets to permit motor vehicles to head into the street.

(4)

If vehicular access is by way of a driveway parallel with a side lot line, there shall be an accessway of not less than ten feet from the street or alley to the building site, said way to be for both pedestrian and vehicular access.

(Ord. No. 731, § 2, 8-2-83)

Sec. 90-189. - Same—Outdoor advertising.

The provisions of section 90-891 (Signs) shall apply.

(Ord. No. 731, § 2, 8-2-83; Ord. No. 1092, Exh. A, 7-19-07)

Secs. 90-190—90-220. - Reserved.

ARTICLE VI. - R-1-10 SINGLE-FAMILY RESIDENTIAL DISTRICT

The R-1-10 district is intended to provide for the development of one-family residential homes at urban standards on lots not less than 10,000 square feet in area, not more than one dwelling unit permitted on any lot. All regulations for this district are deemed to be necessary for the protection of the quality of the residential environment and for the securing of the health, safety and general welfare of the residents.

The following uses shall be permitted in the R-1-10 district, plus such other uses as the commission may deem to be similar. All uses shall be subject to the property development standards in sections 90-224 through 90-226:

(1)

One-family dwellings. A site plan review shall be required for mobile home installation subject to the provisions of subsection 90-1009(b)(2).

(2)

Accessory buildings, including garages.

(3)

Accessory dwelling units, subject to the provisions of article XXXI.

(4)

Private greenhouses and horticultural collections, flower and vegetable gardens.

(5)

Home occupations, subject to the standards and conditions in section 90-897.

(6)

Tract offices, model homes and construction materials storage yards of a temporary nature within the tract being developed and subject to the conditions applicable to subdivision signs on site as set forth in subsection 90-891(6)b.

(7)

The keeping of household pets, subject to the provisions of section 90-31.

(8)

State licensed family day care homes.

(9)

The holding of not more than two yard or garage sales within a calendar year.

(10)

Supportive housing, subject to the provisions of section 90-903.

(11)

Transitional housing, subject to the provisions of section 90-903.

(12)

Small (six or fewer persons) or licensed residential care facility, subject to the provisions of section 90-902.

(13)

Employee/farmworker housing serving six or fewer persons, subject to the provisions of section 90-904.

(14)

Employee/farmworker housing serving group quarters, subject to the provisions of section 90-904.

(Ord. No. 807, § 1, 4-19-88; Ord. No. 950, § 5, 5-16-96; Ord. No. 970, § 4, 7-17-97; Ord. No. 986, § 3, 5- 21-98; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 1140, § 1, 7-18-13, ef. 8-18-13; Ord. No. 1169, § 5, 2-1816; Ord. No. 2025-04, § 4(Exh. A, § 5), 5-15-25)

Sec. 90-223. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the R-1-10 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-221:

(1)

Churches.

(2)

Country clubs and golf courses.

(3)

Electrical distribution substation.

(4)

Private or parochial schools.

(5)

Public libraries.

(6)

Reserved.

(7)

Water pump stations.

(8)

Beauty operators subject to the provisions of home occupation, sections 90-30 et seq.

(9)

Large (seven or more persons) or licensed residential care facility, subject to the provisions of section 90902.

(Ord. No. 731, § 3, 8-2-83; Ord. No. 751, § 1, 8-21-84; Ord. No. 970, § 5, 7-17-97; Ord. No. 986, § 4, 5-2198; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 2025-04, § 4(Exh. A, § 5), 5-15-25)

Sec. 90-224. - Property development standards—Lot areas, lot dimensions, population density, building height.

The following property development standards for lot areas, lot dimensions, population density and building height shall apply to all land and structures in the R-1-10 district:

(1)

Lot areas. Each lot shall have a minimum area of 10,000 square feet. A nonconforming lot of record under separate ownership at the time it became nonconforming may be used for or occupied by any use permitted in this district.

(2)

Lot dimensions. All lots created after October 5, 1982, shall comply with the following minimum standards, and lots existing on such date may not be reduced below these standards. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required.

a.

Width.

1.

Interior lots shall have a minimum width of 70 feet.

Corner lots shall have a minimum width of 80 feet.

3.

Reversed corner lots shall have a minimum width of 85 feet.

4.

Lots siding on railroad rights-of-way shall have a minimum width of 90 feet.

5.

Lots on curved or turn-around-end or cul-de-sac streets shall have a minimum street frontage width of 50 feet.

b.

Depth.

1.

Lots facing on local streets shall have a minimum depth of 110 feet.

2.

Lots facing on major or secondary highways as shown on the circulation element of the general plan shall have a minimum depth of 120 feet.

3.

Lots backing on railroad rights-of-way shall have a minimum depth of 130 feet.

(3)

Population density. The provisions of sections 90-222 and 90-223 shall apply.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than 2½ stories, not to exceed 35 feet.

b.

Exceptions: The provisions of the R-1-6 district, subsection 90-294(4)c, shall apply.

(Ord. No. 726, § 1, 4-5-83; Ord. No. 731, § 4, 8-2-83)

Sec. 90-225. - Same—Yards.

The following property development standards for yards shall apply to all land and structures in the R-1-10 district.

(1)

General yard requirements. The provisions of the R-1-6 district, subsection 90-295(1), shall apply.

(2)

Front.

a.

Each lot shall have a front yard of not less than 25 feet extending across the full width of the lot except for special conditions. The provisions of the R-1-6 district, subsection 90-295(2), shall apply.

b.

Curved lots and cul-de-sac lots shall have a front yard of not less than 25 feet.

c.

For partially built-up blocks, the provisions of the R-1-6 district, subsections 90-295(2)b and (2)c, shall apply.

(3)

Side.

a.

Each lot shall have a side yard on each side of not less than seven feet, except where a lot has developed with a side yard setback of less than seven feet, additions may be made at same side yard setback but in no case at less than five feet.

b.

For accessory buildings in side yards, and main buildings abutting an alley, the provisions of the R-1-6 district, subsections 90-295(3)d and (3)e, shall apply.

c.

On corner lots unless otherwise specified in this chapter, the side yard abutting the street shall be not less than 15 feet in width.

d.

On a reversed corner lot, the side yard abutting the street shall be not less than 20 feet. Private garages located in the side yard shall be at least 25 feet from the property line on the side street, and not less than five feet from the rear property line on said reversed corner lot.

(4)

Rear.

a.

Each lot shall have a rear yard of not less than 15 feet.

b.

For accessory buildings, the provisions of the R-1-6 district, subsection 90-295(4)b, shall apply.

(5)

Exceptions: Permitted projections into required yards. The provisions of R-1-6 district, subsections 90295(5)a through (5)c, shall apply.

(Ord. No. 726, § 1, 4-5-83; Ord. No. 731, § 4, 8-2-83)

Sec. 90-226. - Same—Space between buildings; lot coverage; fences, hedges and walls; off-street parking; access; outdoor advertising.

The following property development standards shall apply to all land and structures in the R-1-10 district:

(1)

Space between buildings. The provisions of the R-1-6 district, subsections 90-296(1)a and (1)b, shall apply.

(2)

Lot coverage. Maximum lot coverage by buildings and structures shall not exceed 40 percent of the total lot area.

(3)

Fences, hedges and walls. The provisions of the R-1-6 district, subsections 90-296(3)a and (3)b, shall apply.

(4)

Off-street parking. The provisions of sections 90-884 through 90-889 shall apply.

(5)

Access. The provisions of the R-1-6 district, subsection 90-297(2), shall apply.

(6)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(Ord. No. 726, § 1, 4-5-83; Ord. No. 731, § 4, 8-2-83; Ord. No. 1092, Exh. A, 7-19-07)

Secs. 90-227—90-260. - Reserved. ARTICLE VII. - R-1-7.5 SINGLE-FAMILY RESIDENTIAL DISTRICT

The R-1-7.5 district is intended to provide for the development of single-family residential homes at urban standards on lots not less than 7,500 square feet in area, with not more than one dwelling unit permitted on any lot. All regulations for this district are deemed to be necessary for the protection of the quality of the residential environment and for the securing of the health, safety and general welfare of the residents.

(Ord. No. 871, § 1, 8-20-92)

The following uses shall be permitted in the R-1-7.5 district, plus such other uses as the commission may deem to be similar. All uses shall be subject to the property development standards in section 90-264:

(1)

One-family dwellings.

(2)

Accessory buildings, including garages.

(3)

Accessory dwelling units, subject to the provisions of article XXXI.

(4)

Private greenhouses and horticultural collections, flower and vegetable gardens.

(5)

Home occupations, subject to the standards and conditions in section 90-897.

(6)

Tract offices, model homes and construction materials storage yards of a temporary nature within the tract being developed and subject to the conditions applicable to subdivision signs on site as set forth in subsection 90-891(6)b.

(7)

The keeping of household pets, subject to the provisions of section 90-31.

(8)

State licensed family day care homes.

(9)

The holding of more than two yard or garage sales within a calendar year.

(10)

Supportive housing, subject to the provisions of section 90-903.

(11)

Transitional housing, subject to the provisions of section 90-903.

(12)

Small (six or fewer persons) licensed or unlicensed residential care facility, subject to the provisions of section 90-902.

(13)

Employee/farmworker housing serving six or fewer persons, subject to the provisions of section 90-904.

(14)

Employee/farmworker housing serving group quarters, subject to the provisions of section 90-904.

(Ord. No. 871, § 2, 8-20-92; Ord. No. 950, § 6, 5-16-96; Ord. No. 970, § 6, 7-17-97; Ord. No. 986, § 5, 5- 21-98; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 1140, § 1, 7-18-13, ef. 8-18-13; Ord. No. 1169, § 6, 2-1816; Ord. No. 2025-04, § 4(Exh. A, § 6), 5-15-25)

Sec. 90-263. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the R-1-7.5 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-261.

(1)

Churches.

(2)

Country clubs and golf courses.

(3)

Electrical distribution substation.

(4)

Private or parochial schools.

(5)

Public libraries.

(6)

Reserved.

(7)

Water pump stations and well-head treatment facilities.

(8)

Beauty operators subject to the provisions of home occupation, sections 90-30 et seq.

(9)

Large (seven or more persons) licensed residential care facility, subject to the provisions of section 90-902.

(Ord. No. 871, § 3, 8-20-92; Ord. No. 970, § 7, 7-17-97; Ord. No. 986, § 6, 5-21-98; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 2025-04, § 4(Exh. A, § 6), 5-15-25)

Sec. 90-264. - Property development standards.

The following property development standards shall apply to all land and structures in the R-1-7.5 district:

(1)

Lot areas. Each lot shall have a minimum area of 7,500 square feet. A nonconforming lot of record under separate ownership at the time it became nonconforming may be used for or occupied by any use permitted in this district.

(2)

Lot dimensions. All lots created after October 5, 1982, shall comply with the following minimum standards, and lots existing on the above date may not be reduced below these standards. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required.

a.

Width:

1.

Interior lots shall have a minimum width of 65 feet.

2.

Corner lots shall have a minimum width of 70 feet.

3.

Reversed corner lots shall have a minimum width of 80 feet.

Lots siding on railroad rights-of-way shall have a minimum width of 85 feet.

5.

Lots on curved or turn-around-end of cul-de-sac streets shall have a minimum street frontage width of 45 feet.

6.

Lots facing on a collector street shall have a minimum street frontage of 70 feet.

b.

Depth:

1.

Lots facing on local streets shall have a minimum depth of 100 feet.

2.

Lots facing on major or secondary highways as shown on the circulation element of the general plan shall have a minimum depth of 120 feet.

3.

Lots backing on railroad rights-of-way shall have a minimum depth of 130 feet.

(3)

Population density. The provisions of section 90-262 and 90-263 shall apply.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than 2½ stories, not to exceed 35 feet.

b.

Exceptions: The provisions of the R-1-6 district, subsection 90-294(4)c, shall apply.

(5)

Yards.

a.

General yard requirements. The provisions of the R-1-6 district, subsection 90-295(1), shall apply.

b.

Front.

1.

Each lot shall have a front yard of not less than 25 feet extending across the full width of the lot except for special conditions. The provisions of the R-1-6 district, subsection 90-295(2)a, shall apply.

2.

Curved lots and cul-de-sac lots shall have a front yard of not less than 25 feet.

3.

For partially built-up blocks, the provisions of the R-1-6 district, subsections 90-295(2)b and (2)c, shall apply.

c.

Side.

1.

Each lot shall have a side yard on each side of not less than seven feet, except where a lot has developed with a side yard setback of less than seven feet, additions may be made to existing structures at same side yard setback but in no case at less than five feet.

2.

For accessory buildings in side yards, and main buildings abutting an alley, the provisions of the R-1-6 district, subsections 90-295(3)d and (3)e, shall apply.

3.

On corner lots, unless otherwise specified in this chapter, the side yard abutting the street shall be not less than 15 feet in width.

4.

On a reversed corner lot, the side yard abutting the street shall be not less than 20 feet. Private garages located in the side yard shall be at least 25 feet from the property line on the side street, and not less than five feet from the rear property line on said reversed corner lot.

d.

Rear.

Each lot shall have a rear yard of not less than 15 feet.

2.

Accessory buildings. The provisions of the R-1-6 district, subsection 90-295(4)b, shall apply.

e.

Exceptions: Permitted projections into required yards. The provisions of the R-1-6 district, subsections 90295(5)a through (5)c, shall apply.

(6)

Space between buildings. The provisions of the R-1-6 district, subsection 90-296(1), shall apply.

(7)

Lot coverage. Maximum lot coverage by buildings and structures shall not exceed 40 percent of the total lot area.

(8)

Fences, hedges and walls. The provisions of the R-1-6 district, subsection 90-296(3), shall apply.

(9)

Off-street parking. The provisions of sections 90-884 through 90-889 shall apply.

(10)

Access. The provisions of the R-1-6 district, subsection 90-297(2), shall apply.

(11)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(Ord. No. 871, § 4, 8-20-92; Ord. No. 1092, Exh. A, 7-19-07)

Secs. 90-265—90-290. - Reserved.

ARTICLE VIII. - R-1-6 SINGLE-FAMILY RESIDENTIAL DISTRICT

The R-1-6 single-family residential district is intended to provide for the development of one-family residential homes at urban standards on lots not less than 6,000 square feet in area, not more than one dwelling permitted on any lot. All regulations for this district are deemed to be necessary for the protection of the quality of the residential environment and for the securing of the health, safety and general welfare of the residents.

Sec. 90-292. - Uses permitted.

The following uses shall be permitted in the R-1-6 district, plus such other uses as the commission may deem to be similar. All uses shall be subject to the property development standards in sections 90-294 through 90-297 as well as sign standards in subsection 90-891(4).

(1)

One-family dwellings. A site plan review shall be required for a mobile home installation subject to the provisions of subsection 90-1009(b)(2).

(2)

Accessory buildings, including garages.

(3)

Accessory dwelling units, subject to the provisions of article XXXI.

(4)

Private greenhouses and horticultural collections, flower and vegetable gardens.

(5)

Home occupations, subject to the standards and conditions in section 90-897.

(6)

Tract offices, model homes and construction materials storage yards of a temporary nature within the tract being developed and subject to the conditions applicable to subdivision signs on site as set forth in subsection 90-891(6)b.

(7)

The keeping of household pets, subject to the provisions of section 90-31.

(8)

State licensed family day care homes.

(9)

The holding of not more than two yard or garage sales within a calendar year.

(10)

Supportive housing, subject to the provisions of section 90-903.

(11)

Transitional housing, subject to the provisions of section 90-903.

(12)

Small (six or fewer persons) licensed or unlicensed residential care facility, subject to the provisions of section 90-902.

(13)

Employee/farmworker housing serving six or fewer persons, subject to the provisions of section 90-904.

(14)

Employee/farmworker housing serving group quarters, subject to the provisions of section 90-904.

(Ord. No. 807, § 2, 4-19-88; Ord. No. 950, § 7, 5-16-96; Ord. No. 970, § 8, 7-17-97; Ord. No. 986, § 7, 5- 21-98; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 1140, § 1, 7-18-13, ef. 8-18-13; Ord. No. 1169, § 7, 2-1816; Ord. No. 2025-04, § 4(Exh. A, § 7), 5-15-25)

Editor's note— Ord. No. 1169, § 7, adopted Feb. 18, 2016, notes that the amendment of § 90-292 as presented therein, shall automatically apply to §§ 90-332, 90-372, 90-402, 90-432, and 90-462.

Sec. 90-293. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the R-1-6 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-291:

(1)

Churches.

(2)

Country clubs and golf courses.

(3)

Electrical distribution substation.

(4)

Private or parochial schools.

(5)

Public schools, parks and playgrounds.

(6)

Public libraries.

(7)

Reverse corner lot street side yard fence location.

(8)

Reserved.

(9)

Water pump stations.

(10)

Beauty operators subject to the provisions of home occupation, sections 90-30 et seq.

(11)

Large (seven or more persons) licensed residential care facility, subject to the provisions of section 90-902.

(Ord. No. 731, § 5, 8-2-83; Ord. No. 751, § 2, 8-21-84; Ord. No. 950, § 8, 5-16-96; Ord. No. 970, § 9, 7-1797; Ord. No. 986, § 8, 5-21-98; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 2025-04, § 4(Exh. A, § 7), 5-15-25)

Sec. 90-294. - Property development standards—Lot area; lot dimensions; population density; building height.

The following property development standards for lot area, lot dimensions, population density and building height shall apply to all land and structures in the R-1-6 district:

(1)

Lot area. Each lot shall have a minimum area of 6,000 square feet.

(2)

Lot dimensions. All lots created after October 5, 1982, shall comply with the following minimum standards, and lots existing on the above date may not be reduced below these standards. Each dimension is minimum, only. One or both shall be increased to attain the minimum lot area required.

a.

Width:

1.

Interior lots shall have a minimum width of 60 feet.

2.

Corner lots shall have a minimum width of 65 feet.

3.

Reversed corner lots shall have a minimum width of 70 feet.

Lots siding on railroad rights-of-way shall have a minimum width of 80 feet.

5.

Lots on curved or turn-around-end or cul-de-sac streets shall have a minimum street frontage of 40 feet.

b.

Depth:

1.

Lots facing on local streets shall have a minimum depth of 100 feet.

2.

Lots facing on major or secondary highways as shown on the circulation element of the general plan shall have a minimum depth of 120 feet.

3.

Lots backing on railroad rights-of-way shall have a minimum depth of 130 feet.

(3)

Population density. The provisions of sections 90-292 and 90-293 shall apply.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than two stories, not to exceed 25 feet.

b.

No accessory building erected in this district shall have a height greater than one story, not to exceed 12 feet, to plate height.

c.

Exceptions. All buildings designed or erected after October 5, 1982, and buildings existing on the above date which may be reconstructed, altered, moved or enlarged shall comply with the height regulations of the district in which they may be located, with the following exceptions:

1.

Subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to

operate and maintain the building, and fire or parapet walls, skylights, towers, church steeples, roof signs, flagpoles, chimneys, water tanks or wireless masts or similar structures may be erected above the height limit herein prescribed, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances, but no roof structures or any space above the height limit shall be allowed for the purpose of providing additional living or floor space.

2.

Nonresidential accessory buildings maintained and operated in conjunction with a permitted nonresidential use shall not have a height greater than two stories not to exceed 20 feet to plate height.

(Ord. No. 731, § 6, 8-2-83; Ord. No. 860, § 1, 12-5-91)

Sec. 90-295. - Same—Yards.

The following property development standards for yards shall apply to all land and structures in the R-1-6 district:

(1)

General yard requirements.

a.

All required yards shall extend the full width or depth of the lot and shall be open from the ground to the sky, except as provided in subsection (5) of this section.

b.

No main building shall be erected within 50 feet of the right-of-way of any railroad line.

c.

Swimming pools.

1.

Swimming pools shall not be located in any required front yard or side yard and its projection to the rear property line when abutting a street.

2.

Swimming pools shall not be located within five feet of any required front yard setback or within five feet of any required side yard setback and its projection to the rear property line when abutting a street.

3.

Swimming pools may be located in any required interior side yard and rear yard provided a space of not less than five feet is maintained from the side and rear property lines.

d.

Garages or carports shall be located not less than 20 feet from any street frontage where the garage door or carport opening faces the street. Where yard requirements pose a greater setback, such setback shall apply.

(2)

Front.

a.

Each lot shall have a front yard of not less than 20 feet extending across the full width of the lot, except for special conditions provided for below. Curve lots and cul-de-sac lots shall have a front yard of not less than 20 feet.

b.

Partially built-up blocks. Where lots comprising 50 percent or more of the block frontage are developed with a front yard either greater or lesser in depth than that prescribed herein, the average of such existing front yards shall establish the front yard for the remaining lots in the block frontage. However, a front yard determined in this way shall not be less than 20 feet. Existing front yards of more than 50 feet shall be counted as 50 feet in calculating the average.

c.

Neighborhood unit plans. Where an entire block frontage is designed and developed as a unit, the minimum front yard requirements may be varied by not more than five feet in either direction, provided that the average front yard for the entire frontage is not less than that required in the district.

(3)

Side.

a.

Each lot shall have a side yard on each side of not less than five feet, except for special conditions provided for below.

b.

On corner lots, unless otherwise specified in this chapter, the side yard abutting the street shall be not less than ten feet in width.

c.

On a reversed corner lot, the side yard abutting the street shall be not less than 15 feet. Private garages located in the side yard shall be at least 20 feet from the property line on the side street, and not less than ten feet from the rear property line on said reversed corner lot.

d.

Accessory buildings in side yards.

1.

An accessory building having an opening on an alley shall be located not less than 25 feet from the opposite side of the alley, provided, however, that no such accessory building shall be located less than five feet from the property line.

2.

On a reversed corner lot, accessory buildings located in the side yard or its projection to the rear property line when abutting a street shall be at least 25 feet from the property line on the side street, and not less than ten feet from the rear property line.

e.

Main buildings abutting alley. When siding on an existing alley, a main building shall be located not less than 30 feet from the opposite side of the alley.

(4)

Rear.

a.

Each lot shall have a rear yard of not less than ten feet.

b.

Nonresidential accessory buildings may be permitted in a required rear yard in accordance with subsection 90-894(4) and as follows:

1.

An accessory building shall not be located less than five feet from the property line when said building is not abutting an existing alley.

2.

An accessory building having an opening on an alley shall be located not less than 25 feet from the opposite side of the alley or not less than five feet from the property line.

3.

Where any building or structure, except a swimming or wading pool, occupies space in a required rear yard, the amount of space so occupied shall be provided elsewhere on the lot, exclusive of required yard areas. Said replacement space shall have minimum dimensions of eight feet by eight feet and shall be so located that it is suitable for general use by the occupant of the premises.

---

(5)

Exceptions: Permitted projections into required yards.

a.

Cornices, eaves, roof overhangs, trellises, beams, joists and other similar roof projections may extend or project into required yards according to the following chart:

Fireplace chimneys may extend or project into a required side yard not more than five inches for each one foot of the width of such required side yard and may extend or project into a front or rear yard not more than 30 inches.

---

b.

Uncovered, unenclosed porches, platforms or landing places which don't extend above the level of the first floor of the building may extend into any front yard a distance of not more than six feet, and such features may not extend into a court more than 20 percent of the width of said court and in no case more than six

feet, and may extend into any side or rear yard not more than three feet. An open work railing may be installed or constructed on any such porch, platform or landing place, provided it does not exceed 36 inches in height.

c.

Open, unenclosed stairways or balconies not covered by a roof or canopy may extend or project into a required front yard not more than 30 inches.

(Ord. No. 731, § 6, 8-2-83; Ord. No. 860, § 1, 12-5-91)

Sec. 90-296. - Same—Space between buildings; lot coverage; fences, hedges and walls.

The following property development standards for space between buildings, lot coverage and fences, hedges and walls shall apply to all land and structures in the R-1-6 district:

(1)

Space between buildings. The minimum distance between buildings for residential uses shall be as follows:

a.

Accessory buildings located to the rear of a main building in the area defined by the projection of the side lines of the building shall be not less than six feet from the main building. If attached by a breezeway roof, the intervening space shall be considered as an outer court.

b.

All other accessory buildings shall be located not less than six feet from any main building, except where the accessory building is used for garage purposes and where the garage is located within the area defined by the projection of the side lines of any main building, where vehicular access to the garage faces any main building and falls entirely or in part within the area, the garage shall be not less than 25 feet from any main building or buildings.

(2)

Lot coverage. Maximum lot coverage by buildings and structures shall not exceed 40 percent of the total lot area.

(3)

Fences, hedges and walls.

a.

All fences, hedges and walls shall conform to the provisions of section 90-883.

b.

Permitted fences, hedges and walls.

1.

Fences, hedges and walls, not greater than six feet in height, shall be permitted on or within all rear and side property lines on interior lots and on or to the rear of all front yard setback lines.

2.

No fence, wall, or hedge over three feet in height other than an open fence not over four feet in height shall be permitted in any required front yard, or within five feet of the side exterior property line of a reversed corner lot, or within that triangular area of a reversed corner lot between the rear and side exterior corner property lines and a diagonal line joining points on such property lines located at a distance from such corner equal to the side yard setback requirement. The construction of any fence, wall, or hedge over three feet in height or of an open fence not over four feet in height within the required side yard setback area of a reversed corner lot and at a distance of five feet or greater from the side exterior property line shall be permitted, subject to a conditional use permit.

(Ord. No. 731, § 6, 8-2-83; Ord. No. 860, § 1, 12-5-91; Ord. No. 1009, § 3, 11-16-00)

Sec. 90-297. - Same—Off-street parking; access.

The following property development standards for off-street parking and access shall apply to all land and structures in the R-1-6 district:

(1)

Off-street parking. The provisions of sections 90-884 through 90-889 shall apply.

(2)

Access.

a.

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

b.

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

c.

There shall be no vehicular access to residential property from an arterial street or highway as shown on the circulation element of the general plan, excepting in cases where lots were of record on September 16, 1960, or where such access cannot be provided by way of an alley or service road. There shall be an adequate paved turning area on lots facing on and having access to arterial streets or highways to permit motor vehicles to head into the street.

d.

If vehicular access is by way of a driveway parallel with a side lot line, there shall be an accessway of ten feet from the street or alley to the building site to be used for pedestrian and vehicle access.

(Ord. No. 731, § 6, 8-2-83; Ord. No. 860, § 1, 12-5-91; Ord. No. 950, § 9, 5-16-96)

The provisions of section 90-891 (Signs) shall apply.

(Ord. No. 731, § 6, 8-2-83; Ord. No. 860, § 1, 12-5-91; Ord. No. 1092, Exh. A, 7-19-07)

Secs. 90-299—90-330. - Reserved.

ARTICLE IX. - RM-2.5 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT

The RM-2.5 district is intended to provide for the development of low density multiple-family residential structures where such buildings are reasonably spaced on the lot to provide for light, privacy, air, safety and insulation against transmission of sound, on lots not less than 6,000 square feet in area.

The following uses shall be permitted in the RM-2.5 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare.

(1)

Any use permitted in the R-1-6 district, section 90-292.

(2)

One-family, two-family or multiple-family dwelling either in one structure or in two or more detached buildings, subject to requirements for spaces between buildings.

(3)

Emergency shelters, subject to the provisions of section 90-899.

(4)

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

(5)

The holding of not more than two yard or garage sales within a calendar year.

(Ord. No. 807, § 3, 4-19-88; Ord. No. 986, § 9, 5-21-98; Ord. No. 2025-04, § 4(Exh. A, § 12), 5-15-25)

Sec. 90-333. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the RM-2.5 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-331:

(1)

Churches.

(2)

Country clubs and golf courses.

(3)

Nursery schools or child care nurseries in excess of six children.

(4)

Electrical distribution substation.

(5)

Private or parochial schools.

(6)

Public schools, parks and playgrounds.

(7)

Public libraries.

(8)

Reserved.

(9)

Water pump stations.

(Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-334. - Property development standards—Lot area; lot dimensions; population density; building height.

The following property development standards for lot area, lot dimensions, population density and building height, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the RM-2.5 district:

(1)

Lot area. Each lot shall have a minimum area of 6,000 square feet except as provided in subsection (3)b of this section.

(2)

Lot dimensions. The standards of the R-1.6 district, subsection 90-294(2), shall apply.

(3)

Population density.

a.

One dwelling unit for each 2,500 square feet of lot area, plus one dwelling unit for any remaining area of less than 2,500 square feet and more than 1,250 square feet.

b.

For nonconforming lots of record (substandard lot under different ownership than contiguous parcels at the time it became nonconforming):

1.

Where the lot has less than 4,000 square feet of lot area, there may be one dwelling unit.

2.

Where the lot has at least 4,000 square feet of lot area, but less than 6,000 square feet of area, there may be no more than two dwelling units.

(4)

Building height.

a.

No building or structure shall have a height greater than 2½ stories, not to exceed 35 feet.

b.

No accessory building shall have a height greater than one story, not to exceed 12 feet to plate height.

c.

Exceptions: The provisions of the R-1-6 district, subsection 90-294(4)c, shall apply.

(Ord. No. 726, § 1, 4-5-83; Ord. No. 777, § 1, 4-15-86)

The following property development standards for yards, together with the general conditions, section 90881 et seq., shall apply to all land and structures in the RM-2.5 district:

(1)

General yard requirements. The provisions of the R-1-6 district, subsection 90-295(1), shall apply.

(2)

Front.

a.

Each lot shall have a front yard of not less than 20 feet extending across the full width of the lot except for special conditions as provided for in subsection (2)b of this section. Curve lots and cul-de-sac lots shall have a front yard of not less than 20 feet.

b.

For partially built-up blocks and neighborhood unit plans, the provisions of the R-1-6 district, subsections 90-295(2)b and (2)c, shall apply.

(3)

Side.

a.

Each lot shall have a side yard on each side of not less than five feet, except as provided below.

b.

For accessory buildings in side yards and main buildings abutting an alley, the provisions of the R-1-6 district, subsections 90-295(3)d and (3)e, shall apply.

c.

For corner lots, the provisions of the R-1-6 district, subsection 90-295(3)b, shall apply.

d.

For reversed corner lots, the side yard abutting the street shall be not less than ten feet. Garages located in the side yard shall be at least 20 feet from the property line on the side street, and not less than five feet from the rear property line.

e.

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

1.

The minimum space shall be ten feet.

If pedestrian access is required to a rear dwelling or dwellings and the access is to be by means of a driveway, the space shall be increased to a minimum of 13 feet.

(4)

Rear.

a.

Each lot shall have a rear yard of not less than 15 feet.

b.

For accessory buildings, the provisions of the R-1-6 district, subsection 90-295(4)b, shall apply.

(5)

Exceptions: The provisions of the R-1-6 district, subsection 90-295(5), shall apply.

(Ord. No. 726, § 1, 4-5-83; Ord. No. 777, § 1, 4-15-86)

Sec. 90-336. - Same—Space between buildings.

The following property development standards for space between buildings, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the RM-2.5 district:

(1)

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

a.

For buildings with no entry or exit into the space, the minimum space shall be ten feet.

b.

For buildings rear to side or front to side, with one entry or exit into the space, the minimum space shall be 15 feet.

c.

For building front to rear or rear to front, with two or more entries or exits into the space, the minimum space shall be 20 feet.

d.

For buildings front to front arranged about an interior court which has at least a ten-foot wide driveway providing access to a parking area or the building, the minimum space shall be 30 feet. Without such driveway, the minimum space shall be 25 feet.

e.

Unenclosed porches or entry facilities may extend into a required yard or space not more than three feet. Porch covers may extend into a required yard or space not more than 18 inches.

f.

In no event may the minimum space between main buildings be less than ten feet.

g.

For main buildings rear to rear with one or more exits into the space, the minimum space between buildings shall be 15 feet.

(2)

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

a.

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

b.

Where a garage is located within the area defined by the projections of the side lines of any main building, where the garage faces and is detached from any main building, and where vehicular access to the garage falls entirely or in part within the area, the garage shall not be less than 25 feet from the main building or buildings.

c.

Where accessory buildings are attached to a main building by a breezeway roof, the provisions of subsections (2)a and (2)b of this section shall apply.

(Ord. No. 726, § 1, 4-5-83; Ord. No. 777, § 1, 4-15-86; Ord. No. 950, § 10, 5-16-96)

Sec. 90-337. - Same—Lot coverage; fences, hedges and walls; off-street parking; access; outdoor advertising; site characteristics; building characteristics; recreation and leisure areas.

The following property development standards, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the RM-2.5 district:

(1)

Lot coverage. Maximum lot coverage by buildings and structures shall not exceed 45 percent of the total lot area. One-half of any contiguous alley shall be credited to the lot area for the purpose of calculating lot coverage.

(2)

Fences, hedges and walls. The provisions of the R-1-6 district, subsection 90-296(3), shall apply.

(3)

Off-street parking. The provisions of sections 90-884 through 90-889 shall apply.

(4)

Access. The provisions of the R-1-6 district, subsection 90-297(2), shall apply.

(5)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(6)

Site characteristics.

a.

Site width and depth. Lots shall not exceed a depth to width ratio of 2½:1.

b.

Street access. There shall be frontage upon and access to at least one public street.

(7)

Building characteristics.

a.

Laundry facilities shall be provided on-site and shall be readily accessible to all dwelling units. Laundry facilities may be provided as follows:

1.

An enclosed area within each unit suitable for installation of a washer and dryer; or

2.

A common laundry room with a minimum of one washer and dryer for every five dwelling units.

b.

Bedrooms shall be a minimum of 100 square feet in size, exclusive of closet areas.

c.

For triplexes on lots of 7,500 square feet or less, the maximum number of bedrooms per unit shall be two.

(8)

Recreation and leisure areas. There shall be landscaped and usable recreational and leisure areas equaling at least 200 square feet per dwelling unit. Such areas shall be conveniently located and readily accessible to all dwelling units. The following areas shall contribute to required recreational and leisure areas:

a.

Each square foot of balcony and patio space shall count as two square feet of the requirement up to a maximum of 100 square feet; provided that the minimum size of the balcony or patio is six feet by nine feet.

b.

Roof areas designed to accommodate recreational and leisure activities.

c.

Yard areas or spaces between buildings in excess of minimum requirements.

(Ord. No. 726, § 1, 4-5-83; Ord. No. 777, § 1, 4-15-86; Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-338. - Site plan review.

Before any building or structure resulting in two or more dwelling units is erected on any lot in the RM-2.5 district, a site plan shall have been submitted to and approved by the commission pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 848, § 1, 6-6-91)

Secs. 90-339—90-370. - Reserved.

ARTICLE X. - RM-2.5(s) LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT, ONE STORY

The RM-2.5(s) district is intended to provide for the development of low density multiple-family residential structures, limited to one story in height, where such buildings are reasonably spaced on the lot to provide for light, privacy, air, safety and insulation against transmission of sound, on lots not less than 6,000 square feet in area.

The following uses shall be permitted in the RM-2.5(s) district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in sections 90-294 through 90-297 as well as sign standards in subsection 90-891(4).

(1)

Any use permitted in the R-1-6 district, section 90-292, excluding emergency shelters.

(2)

Any use permitted in the RM-2.5 district, section 90-332, excluding emergency shelters.

(3)

The holding of not more than two yard or garage sales within a calendar year.

(Ord. No. 807, § 4, 4-19-88; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 2025-04, § 4(Exh. A, § 8), 5-15-25)

Sec. 90-373. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the RM-2.5(s) district, subject to first securing a conditional use permit as provided in section 90-852: Any conditional use in the RM-2.5 district, section 90-333.

Sec. 90-374. - Property development standards.

The following property development standards shall apply to all land and structures in the RM-2.5(s) district:

(1)

The provisions of the RM-2.5 district, sections 90-334 through 90-337, shall apply with the exception of subsection 90-334(4), relating to building height.

(2)

Building height.

a.

Main buildings or structures erected in this district shall not exceed one story or 20 feet in height.

b.

Accessory buildings erected in this district shall not exceed one story or 12 feet, to plate height.

Sec. 90-375. - Site plan review.

Before any building or structure resulting in two or more dwelling units is erected on any lot in the RM-2.5(s) district, a site plan shall have been submitted to and approved by the commission pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 848, § 2, 6-6-91)

Secs. 90-376—90-400. - Reserved.

ARTICLE XI. - RM-1.5 MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT

The RM-1.5 district is intended to provide for the development of medium density multiple-family residential structures for purposes of rental or sale to permanent occupants on lot not less than 7,500 square feet in area.

Sec. 90-402. - Uses permitted.

The following uses shall be permitted in the RM-1.5 district plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-401:

(1)

Any use permitted in the RM-2.5 district, section 90-332, excluding emergency shelters.

(2)

The holding of not more than two yard or garage sales within a calendar year.

(Ord. No. 807, § 5, 4-19-88; Ord. No. 2025-04, § 4(Exh. A, § 9), 5-15-25)

Sec. 90-403. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the RM-1.5 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district:

(1)

Churches.

(2)

Country club and golf courses.

(3)

Electrical distribution substation.

(4)

Fraternities and sororities.

(5)

Multiple-housing facilities, including roominghouses and boardinghouses, apartment houses and apartment courts, but not to include housing facilities furnished to transient boarders or roomers.

(6)

Nursery schools or child care nurseries in excess of six children.

(7)

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

(8)

Private and parochial schools.

(9)

Public libraries.

(10)

Public schools.

(11)

Public parks and playgrounds.

(12)

Rest homes licensed as such, which house not more than 24 persons including members of the resident family.

(13)

Reserved.

(14)

Water pump stations.

(Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-404. - Property development standards—Lot area; lot dimensions; population density; building height.

The following property development standards for lot area, lot dimensions, population density and building height shall apply to all land and structures in the RM-1.5 district:

(1)

Lot area. Each lot shall have a minimum area of 7,500 square feet, except as provided in subsection (3) of this section.

(2)

Lot dimensions. All lots created after October 5, 1982, shall comply with the following minimum standards, and lots existing on the above date may not be reduced below these standards. Each dimension is minimum, only. One or both shall be increased to attain the minimum lot area required.

a.

Width.

Interior lots shall have a minimum width of 60 feet.

2.

Corner lots shall have a minimum width of 65 feet.

3.

Reversed corner lots shall have a minimum width of 70 feet.

4.

Lots siding on railroad rights-of-way shall have minimum width of 110 feet.

5.

Curve lots and cul-de-sac lots shall have a minimum street frontage width of 45 feet.

b.

Depth.

1.

Lots facing on local streets shall have a minimum depth of 110 feet.

2.

Lots facing on major or secondary highways as shown on the circulation element of the general plan shall have a minimum depth of 120 feet.

3.

Lots backing on railroad rights-of-way shall have a minimum depth of 150 feet.

(3)

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

a.

For lots created after October 5, 1982, or for lots of record on the above date, and having not less than 7,500 square feet of lot area, there may be one dwelling unit for each 1,500 square feet of lot area plus one dwelling unit for any remaining area of less than 1,500 and more than 750 square feet.

b.

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

Where the lot has less than 3,000 square feet of area, the lot shall not be used for more than one dwelling unit.

2.

Where the lot has 3,000 square feet or more but less than 4,500 square feet, the lot shall not be used for more than two dwelling units.

3.

Where the lot has 4,500 square feet or more but less than 6,000 square feet, the lot shall not be used for more than three dwelling units.

4.

Where the lot has 6,000 square feet or more but less than 7,500 square feet, the lot shall not be used for more than four dwelling units.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than three stories, not to exceed 40 feet.

b.

No accessory building erected in this district shall have a height greater than one story, not to exceed 12 feet, to plate height.

c.

Exceptions: The provisions of the R-1-6 district, subsection 90-294(4)c, shall apply.

(Ord. No. 2025-04, § 4(Exh. A, § 10), 5-15-25)

Sec. 90-405. - Same—Yards; space between buildings; lot coverage; fences, hedges and walls; off-street parking; access; outdoor advertising; loading spaces.

The following property development standards for yards, space between buildings, lot coverage, fences, hedges and walls, off-street parking, access, outdoor advertising and loading spaces shall apply to all land and structures in the RM-1.5 district:

(1)

Yards.

a.

General yard requirements. The provisions of the R-1-6 district, subsection 90-295(1), shall apply.

b.

Front. Each lot shall have a front yard of not less than 15 feet extending across the full width of the lot except for special conditions provided for below.

c.

Side.

1.

Each lot shall have a side yard on each side of not less than five feet except for special conditions provided for below.

2.

For accessory buildings in side yards and main buildings abutting an alley, the provisions of the R-1-6 district, subsections 90-295(3)d and (3)e, shall apply.

3.

Accessory buildings in side yards.

i.

An accessory building having an opening on an alley shall be located not less than 25 feet from the opposite side of the alley; provided, however, that no such accessory building shall be located less than five feet from the property line.

ii.

Accessory buildings located in the side yard or its projection to the rear property line when abutting a street shall be at least 25 feet from the property line on the side street, and not less than five feet from the rear property line on a reversed corner lot.

4.

Main buildings abutting alley. When siding on an existing alley, a main building shall be located not less than 30 feet from the opposite side of the alley.

5.

For corner lots, the provisions of the R-1-6 district, subsection 90-295(3)b, shall apply.

6.

On a reversed corner lot, the side yard abutting the street shall be not less than ten feet. Private garages located in the side yard shall be at least 20 feet from the property line on the side street, and not less than five feet from the rear property line on the reversed corner lot.

d.

Rear.

1.

Each lot shall have a rear yard of not less than 15 feet.

2.

For accessory buildings, the provisions of the R-1-6 district, subsection 90-295(4)b, shall apply.

e.

Exceptions: Permitted projections into required yards. The provisions of the R-1-6 district, subsection 90295(5), shall apply.

(2)

Space between buildings. The minimum space requirements of the RM-2.5 district, section 90-336, shall apply.

(3)

Lot coverage. Maximum lot coverage by buildings and structures shall not exceed 50 percent of the total lot area.

(4)

Fences, hedges and walls.

a.

The provisions of the R-1-6 district, subsection 90-296(3), shall apply.

b.

For nonresidential uses, the provisions in general conditions, subsection 90-883(3), shall apply.

(5)

Off-street parking. The provisions of sections 90-884 through 90-889 shall apply.

(6)

Access. The provisions of the R-1-6 district, subsection 90-297(2), shall apply.

(7)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(8)

Loading spaces. For sanitariums and hospitals, the provisions of section 90-892 shall apply.

(Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-406. - Site plan review.

Before any building or structure resulting in two or more dwelling units is erected on any lot in the RM-1.5 district, a site plan shall have been submitted to and approved by the commission pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 848, § 3, 6-6-91)

Secs. 90-407—90-430. - Reserved.

ARTICLE XII. - RM-1.5(s) MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT, ONE STORY

The RM-1.5(s) district is intended to provide for the development of medium density multiple-family residential structures, limited to one story in height, for the purpose of rental or sale to permanent occupants of lots not less than 7,500 square feet in area.

Sec. 90-432. - Uses permitted.

The following uses shall be permitted in the RM-1.5(s) district plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-431:

(1)

Uses permitted in the RM-2.5 district, section 90-332.

(2)

Uses permitted in the RM-1.5 district, section 90-402.

(3)

The holding of not more than two yard or garage sales within a calendar year.

(Ord. No. 807, § 6, 4-19-88)

Sec. 90-433. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the RM-1.5(s) district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission, following the procedure set forth in sections 90-991 through 90-993, may determine to be similar in nature and consistent with the intent of the district as specified in section 90-431: Conditional uses listed in the RM1.5 district, section 90-403.

Sec. 90-434. - Property development standards.

The following property development standards, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the RM-1.5(s) district:

(1)

The provisions of the RM-1.5 district, sections 90-404 and 90-405, shall apply with the exception of subsection 90-404(4), relating to building height.

(2)

Building height.

a.

Main buildings or structures erected in this district shall not exceed one story or 20 feet in height.

b.

Accessory buildings erected in this district shall not exceed one story or 12 feet, to plate height.

Sec. 90-435. - Site plan review.

Before any building or structure resulting in two or more dwelling units is erected on any lot in the RM-1.5(s) district, a site plan shall have been submitted to and approved by the commission pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 848, § 4, 6-6-91)

Secs. 90-436—90-460. - Reserved.

ARTICLE XIII. - RM-1 HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT

The RM-1 district is intended to provide for high density multiple-family residential developments on lots not less than 10,000 square feet in area.

(Ord. No. 2019-06, § 1, 11-21-19)

The following uses shall be permitted in the RM-1 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare.

(1)

The holding of not more than two yard or garage sales within a calendar year.

(2)

Multiple housing facilities.

(3)

Accessory dwelling units, subject to the provisions of article XXXI.

(4)

Small (six or fewer persons) licensed or unlicensed residential care facility, subject to the provisions of section 90-902.

(5)

Supportive housing, subject to the provisions of section 90-903.

(6)

Transitional housing, subject to the provisions of section 90-903.

(Ord. No. 807, § 7, 4-19-88; Ord. No. 2019-06, § 1, 11-21-19; Ord. No. 2025-04, § 4(Exh. A, § 11), 5-15-25)

Sec. 90-463. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the RM-1 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district:

(1)

Large (seven or more persons) licensed residential care facility, subject to the provisions of section 90-902.

(Ord. No. 2025-04, § 4(Exh. A, § 11), 5-15-25)

Sec. 90-464. - Property development standards—Lot area; lot dimensions.

The following property development standards for lot area and lot dimensions, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the RM-1 district:

(1)

Lot area. Each lot shall have a minimum area of 10,000 square feet, except as provided in section 90-465.

(2)

Lot dimensions. All lots created after October 5, 1982, shall comply with the following minimum standards, and lots existing on the above date may not be reduced below these standards. Each dimension is minimum, only. One or both shall be increased to attain the minimum lot area required.

a.

Width.

Interior lots shall have a minimum width of 65 feet.

2.

Corner lots shall have a minimum width of 75 feet.

3.

Reversed corner lots shall have a minimum width of 80 feet.

4.

Lots siding on railroad rights-of-way shall have a minimum width of 110 feet.

b.

Depth.

1.

Lots facing on local streets shall have a minimum depth of 110 feet.

2.

Lots facing on major or secondary highways as shown on the circulation element of the general plan shall have a minimum depth of 120 feet.

3.

Lots backing on railroad rights-of-way shall have a minimum depth of 150 feet.

(Ord. No. 2019-06, § 1, 11-21-19)

Sec. 90-465. - Same—Population density.

The following population density standards, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all lots in the RM-1 district:

(1)

For lots created after October 5, 1982, or for lots of record on the above date, and having not less than 10,000 square feet of lot area, there may be one dwelling unit for each 1,000 square feet of lot area plus one dwelling unit for any remaining area of less than 1,000 square feet and more than 500 square feet.

(2)

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

a.

Where the lot has less than 3,000 square feet of area, the lot shall not be used for more than one dwelling unit.

b.

Where the lot has 3,000 square feet or more, but less than 4,000 square feet of area, the lot shall not be used for more than two dwelling units.

c.

Where the lot has 4,000 square feet or more, but less than 5,000 square feet of area, the lot shall not be used for more than three dwelling units.

d.

Where the lot has 5,000 square feet or more but less than 6,000 square feet of area, the lot shall not be used for more than four dwelling units.

e.

Where the lot has 6,000 square feet or more, but less than 7,000 square feet of area, the lot shall not be used for more than five dwelling units.

f.

Where the lot has 7,000 square feet or more, but less than 8,000 square feet of area, the lot shall not be used for more than six dwelling units.

g.

Where the lot has 8,000 square feet or more, but less than 9,000 square feet of area, the lot shall not be used for more than seven dwelling units.

h.

Where the lot has 9,000 square feet of lot area or more but less than 9,500 square feet of lot area, the lot shall not be used for more than eight dwelling units.

i.

Where the lot has 9,500 square feet of lot area or more but less than 10,000 square feet of lot area, the lot shall not be used for more than nine dwelling units.

(3)

Development in the RM-1 Zone District shall meet a minimum density of 20 units per acre.

(4)

The development density range of the RM - 1 Zone District is 20-32.7 units per acre.

(Ord. No. 2019-06, § 1, 11-21-19)

Sec. 90-466. - Same—Building height; yards; space between buildings; lot coverage; fences, hedges and walls; off-street parking; access; outdoor advertising; loading space.

The following property development standards, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the RM-1 district:

(1)

Building height.

a.

No main building or structure erected in this district shall have a height greater than three stories, not to exceed 40 feet, provided that buildings over three stories, not to exceed 40 feet in height, may be erected subject to the securing of a conditional use permit as set forth in sections 90-998 through 90-1001.

b.

No accessory building erected in this district shall have a height greater than one story, not to exceed 12 feet, to plate height.

c.

Exceptions: The provisions of the R-1-6 district, subsection 90-294(4)c, shall apply.

(2)

Yards.

a.

The provisions of the RM-1.5 district, subsection 90-405(1), shall apply.

b.

For buildings over 2½ stories or 35 feet in height, the required side and rear yards shall be increased at the rate of three inches for each foot of building height above said 35 feet.

(3)

Space between buildings.

a.

The provisions of the RM-2.5 district, section 90-336, shall apply to all structures up to 2½ stories, or 35 feet in height.

b.

For structures over 2½ stories, or 35 feet in height, the required space between buildings shall be increased; the provisions of subsection (2)b of this section shall apply.

c.

Where variations in height occur, adjustments may be made by the commission to bring the space between buildings into harmony with the intent of this subsection.

(4)

Lot coverage. Maximum lot coverage by buildings and structures shall not exceed 60 percent of the total lot area.

(5)

Fences, hedges and walls.

a.

For residential uses, the provisions of the R-1-6 district, subsection 90-296(3), shall apply.

b.

For nonresidential uses, the provisions in the general conditions, subsection 90-883(3), shall apply.

(6)

Off-street parking. The provisions of sections 90-884 through 90-889 shall apply.

(7)

Access. The provisions of the R-1-6 district, subsection 90-297(2), shall apply.

(8)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(9)

Loading space. For sanitariums and hospitals, the provisions of section 90-892 shall apply.

(Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 2019-06, § 1, 11-21-19)

Sec. 90-467. - Site plan review.

Before any building or structure resulting in two or more dwelling units is erected on any lot in the RM-1 district, a site plan shall have been submitted to and approved by the commission pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 848, § 5, 6-6-91; Ord. No. 2019-06, § 1, 11-21-19)

Secs. 90-468—90-500. - Reserved.

ARTICLE XIV. - T-P TRAILER PARK DISTRICT

The T-P district is intended to provide for the accommodation of residential mobile homes in unified parks of not less than 1½ acres in area. The district is herein deemed to be a multiple-family residential district, and a mobile home is herein deemed to be a dwelling.

Sec. 90-502. - Uses permitted.

The following uses only shall be permitted in the T-P district: None.

Sec. 90-503. - Uses permitted subject to conditional use permit.

The following uses only shall be permitted in the T-P district subject to first securing a conditional use permit as provided in sections 90-1009 through 90-1014:

(1)

Residential mobile home parks.

(2)

Reserved.

(Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-504. - Property development standards—Park area and dimensions; lot area and dimensions; population density; building height; yard requirements; space between structures; lot coverage.

The following property development standards for park area and dimensions, lot area and dimensions, population density, building height, yard requirements, space between structures and lot coverage, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the T-P district:

(1)

Mobile home park area and dimensions.

a.

Mobile home park area. Each mobile home park shall have a minimum area of 1½ acres.

b.

Mobile home park dimensions. No requirements.

(2)

Mobile home, travel trailer and recreational vehicle lot area and dimensions. The mobile home shall be parked on a portion of the lot with a minimum width of 30 feet and a minimum area of 1,500 square feet.

(3)

Population density.

a.

There shall be a minimum of 2,400 square feet of mobile home park area for each mobile home lot in a mobile home park.

b.

Mobile home park area shall include automobile parking, access, outbuilding spaces, recreational areas and other similar uses.

(4)

Building height. The provisions of the R-1-6 district, subsection 90-294(4), shall apply.

(5)

Mobile home park yard requirements.

a.

All required yards shall extend the full width or depth of the lot and shall be open from the ground to the sky, provided that the exceptions specified for the R-1-6 district, subsection 90-295(5), shall apply.

b.

Each mobile home park which abuts a dedicated street shall have a front yard of not less than 15 feet extending for the full width of the lot or parcel devoted to said use. The yard shall be landscaped and maintained with evergreen materials.

c.

Each mobile home park shall have a side yard on both sides of the lot or parcel devoted to such use of not less than five feet, except for corner and reversed corner lots, in which case the side yard on the street side shall be not less than ten feet and shall be landscaped and maintained with evergreen materials.

d.

Each mobile home park shall have a rear yard extending across the full width of the lot or parcel devoted to such use of not less than ten feet. The rear yard may be used for access or parking.

(6)

Space between mobile homes or other permitted buildings or structures.

a.

Where mobile home units are located side by side, end to side, or end to end, there shall be a minimum distance of ten feet between mobile home units, except where mobile homes abut a roadway which serves as access to and within the mobile home park the minimum distance shall be 30 feet.

b.

The minimum distance between any structure and a mobile home shall be ten feet.

(7)

Lot coverage. The maximum mobile home park coverage by buildings and structures shall not exceed 55 percent of the total park area. A mobile home and its parking space shall be considered as covered area.

Sec. 90-505. - Same—Fences, hedges and walls; off-street parking; access; outdoor advertising; loading spaces; special standards and regulations.

The following property development standards for fences, hedges and walls, off-street parking, access, outdoor advertising, loading spaces, and special standards and regulations, together with the property development standards in the general provisions, section 90-881 et seq., shall apply to all land and structures in the T-P district.

(1)

Fences, hedges and walls.

a.

The provisions of the R-1-6 district, subsection 90-296(3), shall apply, except as described in subsection (1)b of this section.

b.

A mobile home park shall be entirely enclosed with a solid masonry wall six feet in height, with the exception of the area defined as the front yard, wherein the wall shall not be higher than three feet when adjacent to any R district.

c.

No wall over six feet in height shall be located on any lot in a T-P district.

(2)

Off-street parking. The following provisions shall apply, subject to the general conditions of sections 90-884 through 90-889.

a.

There shall be one off-street parking space for each mobile home lot.

b.

Guest parking. There shall be one additional off-street parking space for each mobile home lot. The space shall not be provided on an individual mobile home lot.

(3)

Access. The provisions of the R-1-6 district, subsection 90-297(2), shall apply.

(4)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(5)

Loading spaces. No requirements.

(6)

Special standards and regulations.

a.

Each mobile home shall be connected to the city sanitary sewer system.

b.

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

c.

Arbors, pergolas, cabanas, ramadas, and other similar structures may be erected in conjunction with a mobile home space, provided that said structures shall be considered a part of the mobile home, even though they shall not be permitted to be permanently attached thereto.

d.

Each lot within a mobile home park shall be designed to accommodate a specific sized mobile home: single-wide, double-wide, etc.

(Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-506. - Site plan review.

A site plan shall be submitted to the planning commission for approval pursuant to the provisions of sections 90-1009 through 90-1013 before any mobile home park or any buildings for mobile home park purposes are erected. In addition to the information specified in sections 90-1009 through 90-1013, the site plan shall show:

(1)

Location of all mobile home, travel trailer and recreational vehicle lots.

(2)

Lighting for all interior accessways.

(3)

Any such architectural and engineering data as may be necessary to permit the planning director to make a finding that the provisions of this chapter will be complied with.

(4)

The dimensions of each mobile home lot.

Secs. 90-507—90-530. - Reserved.

ARTICLE XV. - C-P ADMINISTRATIVE AND PROFESSIONAL OFFICE DISTRICT

The C-P district is intended to provide for the development of an integrated professional district wherein all of the related types of uses and facilities may be located.

Sec. 90-532. - Uses permitted.

The following uses shall be permitted in the C-P district plus such other uses as the commission may determine to be similar in nature and consistent with the intent of section 90-531:

(1)

Residential uses. The following permitted uses shall be considered as residential uses as the term is applied in the property development standards, sections 90-534 through 90-538:

a.

Existing residential buildings, subject to the following conditions:

1.

They may be converted to nonresidential uses.

2.

They may not be used for residential and nonresidential purposes at the same time, other than home occupations subject to the provisions of section 90-30.

b.

Multiple dwellings.

c.

Accessory dwelling units, subject to the provisions of article XXXI.

d.

Private residence clubs, fraternity and sorority houses, rest homes, convalescent homes, nursing homes, and roominghouses or boardinghouses.

e.

The keeping of household pets subject to the provisions of section 90-31.

f.

Low-barrier navigation centers.

g.

Small (six or fewer persons) licensed or unlicensed residential care facility, subject to the provisions of section 90-902.

h.

Supportive housing, subject to the provisions of section 90-903.

i.

Transitional housing, subject to the provisions of section 90-903.

j.

Single-room occupancy facility.

(2)

Nonresidential uses. The following uses are permitted and shall be considered as nonresidential uses, as the term is used in the property development standards, sections 90-534 through 90-538.

a.

Art galleries.

b.

Artists' studios.

c.

Banks and savings and loan institutions.

d.

Churches.

e.

Employee credit unions.

f.

Exhibit halls.

g. Hospitals. h.

Laboratories:

Biological.

Dental. 3.

Medical.

Optometrical.

i.

Libraries.

j.

Lodges, clubs and fraternal organizations.

k.

Museums.

l.

Offices, excluding retail sales, storage of stock in trade, and storage of equipment not used exclusively in said offices:

Administrative.

Business.

General.

Medical.

5.

Professional.

m.

Optometrical clinics.

n.

Photographic studios.

o.

Private and parochial schools.

p.

Radio and television broadcasting studios.

q.

Security brokers.

r.

Home occupations, subject to the provisions of section 90-30.

s.

Murals subject to the approval of a mural permit pursuant to section 90-891(9).

(Ord. No. 751, § 3, 8-21-84; Ord. No. 950, § 11, 5-16-96; Ord. No. 1168, § 4, 2-18-16; Ord. No. 2025-04, § 4(Exh. A, § 13), 5-15-25)

Sec. 90-533. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the C-P district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-531:

(1)

Buildings over two stories in height.

(2)

Cleaning and dyeing shop, retail. Dry cleaning clothes allowed only in enclosed machine using nonflammable cleaning compounds.

(3)

Electrical distribution substation.

(4)

Microwave relay stations.

(5)

Mortuaries.

(6)

Nonresidential uses located in an existing residential structure, when there is a change in the exterior appearance of the structure.

(7)

Nursery schools or child care nurseries, for more than six children.

(8)

Post office substation.

(9)

Prescription pharmacy in connection with a medical office building, medical clinic or hospital.

(10)

Small animal veterinary hospital, subject to the provisions of sections 90-884 through 90-889.

(11)

Reserved.

(12)

Water pump stations.

(13)

Bed and breakfast establishments in accordance with section 90-896.

(14)

Large (seven or more persons) licensed residential care facility, subject to the provisions of section 90-902.

(Ord. No. 751, § 4, 8-21-84; Ord. No. 878, § 1(1403), 11-19-92; Ord. No. 950, § 12, 5-16-96; Ord. No. 970, § 10, 7-17-97; Ord. No. 1045, § 3, 2-19-04; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 2025-04, § 4(Exh. A, § 13), 5-15-25)

Sec. 90-534. - Property development standards—Lot area; lot dimensions; population density.

The following property development standards for lot area, lot dimensions and population density, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-P district:

(1)

Lot area. Each lot shall have a minimum area of 10,000 square feet. A nonconforming lot of record under separate ownership at the time it became nonconforming may be used for or occupied by any use permitted in this district.

(2)

Lot dimensions. All lots created after October 5, 1982, shall comply with the following minimum standards, and lots existing on the above date may not be reduced below these standards. Each dimension is minimum only. One or both shall be increased to attain the minimum lot required.

a.

Width.

Interior lots shall have a minimum width of 65 feet.

2.

Corner lots shall have a minimum width of 70 feet.

3.

Reversed corner lots shall have a minimum width of 75 feet.

b.

Depth.

1.

Lots facing on local streets shall have a minimum depth of 110 feet.

Lots facing on major or secondary highways as shown on circulation element of the general plan shall have a minimum depth of 120 feet.

3.

Lots backing on railroad rights-of-way shall have a minimum depth of 130 feet.

(3)

Population density.

a.

For lots created after October 5, 1982, or for lots of record on the above date and having not less than 10,000 square feet of lot area, there shall be a minimum of 2,500 square feet of lot area for each dwelling unit.

b.

A nonconforming lot of record under separate ownership at the time it became nonconforming may be used for residential purposes subject to the following limitations:

1.

Any lot having less than 4,000 square feet may not be used for residential purposes.

2.

Where the lot has 4,000 square feet of lot area or more, but less than 6,500 square feet of lot area, the lot shall not be used for more than two dwelling units.

3.

Where the lot has 6,500 square feet of lot area or more, but less than 7,500 square feet of lot area, the lot shall not be used for more than three dwelling units.

The following property development standards for building height and yards, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-P district:

(1)

Building height.

a.

No building or structure erected in this district shall have a height greater than two stories, not to exceed 35 feet. If the building height of developed buildings in a more restrictive and abutting district exceeds these provisions, this height restriction may be waived by the commission. Such waiver shall not exceed the

height of the existing abutting development or the maximum building height permitted in the more restrictive abutting district, whichever is lower.

b.

No accessory building erected in this district shall have height greater than one story, not to exceed 12 feet to plate height.

c.

Exceptions: The provisions of the R-1-6 district, subsection 90-294(4)c, shall apply.

(2)

Yards.

a.

General yard requirements.

1.

All required yards shall extend the full width or depth of the lot and shall be open from the ground to the sky except as provided in subsection (2)e of this section.

2.

Front, side and rear yards adjacent to a street shall be landscaped and maintained. Other yards may be used for parking or loading.

3.

No main building shall be erected within 50 feet of the right-of-way of any railroad line.

4.

Swimming pools shall not be located in any required front yard, nor shall they be located closer than five feet from any side or rear property line, and they shall be enclosed as required in subsection 90-537(2)b.

b.

Front. Each lot shall have a front yard of not less than 15 feet.

c.

Side. Each lot shall have a side yard as follows:

1.

When abutting a C district, the side yard shall be not less than ten feet for residential uses, and five feet for nonresidential uses.

2.

When abutting an R district, the side yard shall be equal to ten percent of the lot width, measured at the front property line, but in no case shall be less than five feet nor required to be more than ten feet.

3.

On corner lots, unless otherwise specified in this Code, the side yard abutting the street shall be not less than ten feet in width.

4.

On a reversed corner lot, the side yard abutting the street shall be not less than 15 feet. Private garages located in the side yard shall be at least 20 feet from the property line on the side street, and not less than five feet from the rear property line on the reversed corner lot.

d.

Rear. Each lot shall have a rear yard of ten feet.

e.

Exceptions: Permitted projections into required yards: The provisions of the R-1-6 district, subsection 90295(5), shall apply; provided, however, on a corner lot such permitted projections may extend or project not more than five feet into a side yard on a street.

Sec. 90-536. - Same—Space between buildings.

The following property development standards for space between buildings, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-P district.

(1)

Nonresidential buildings: No requirements.

(2)

Residential requirements:

a.

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

1.

For buildings side to side, the minimum space shall be ten feet.

2.

For buildings rear to side, front to side, with entries or exits into space, the minimum space shall be 15 feet.

3.

For buildings front to rear, rear to front with entries into space, the minimum space shall be 20 feet.

4.

For buildings front to front arranged about an interior court, permitting a ten-foot driveway in the interior court, the driveway being access to a parking area or building, the minimum space shall be 30 feet. Without the driveway the space shall be 25 feet. Unenclosed porch or entry facilities may extend into a required yard or space not more than three feet. A porch cover may extend into the space not more than 18 inches.

5.

In no event shall the minimum space between main buildings be less than ten feet.

b.

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

1.

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

2.

Where a garage is located within the area defined by the projections of the side lines of any main building, and where the garage faces and is detached from any main building and the vehicular access to the garage falls entirely or in part within the area, the garage shall be not less than 25 feet from the main building or buildings.

3.

Where accessory buildings are attached to a main building by a breezeway roof, the provisions of subsections (2)b.1 and (2)b.2 of this section shall apply.

4.

The minimum distance between accessory buildings shall be not less than six feet unless the buildings have a common or party wall.

Sec. 90-537. - Same—Lot coverage; fences, hedges and walls; off-street parking.

The following property development standards for lot coverage, fences, hedges and walls and off-street parking, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-P district:

(1)

Lot coverage. Maximum lot coverage by buildings and structures shall not exceed 50 percent of the total lot area.

(2)

Fences, hedges and walls.

a.

The general conditions, section 90-883, shall apply.

b.

Where a C-P lot sides or rears on a residential district, a solid masonry wall not less than five nor more than six feet in height shall be erected along the property line, as follows:

1.

Where the district boundary is at a rear lot line which is not on a street, the wall shall be on that line.

2.

Where the district boundary is on a side lot line which is not on a street, the required wall shall be on or parallel with the lot line. The wall shall be reduced in height to three feet within the area defined by a line which is the prolongation of the front yard required in the abutting residential district.

3.

Where the district boundary is a street, any wall constructed along the street in either a front yard or side yard shall be set back from the property line a distance of ten feet and shall not exceed 3½ feet in height; the space between the wall and the property line to be landscaped and maintained.

(3)

Off-street parking.

a.

For residential parking, the provisions of section 90-885 shall apply.

b.

For parking for nonresidential uses, there shall be at least three parking spaces per 1,000 square feet of floor area, except that for uses specifically mentioned therein, the parking requirements of section 90-886 shall apply.

c.

For nonresidential uses, the parking area shall be provided:

1.

On the lot with the building or uses being served.

On a contiguous lot in the C-P district.

d.

The improvement and maintenance standards of section 90-887 shall apply to all parking.

(Ord. No. 909, § 1, 4-21-94)

Sec. 90-538. - Same—Access; outdoor advertising; loading space.

The following property development standards for access, outdoor advertising and loading space, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-P district:

(1)

Access.

a.

There shall be adequate vehicular access to off-street parking facilities from a dedicated and improved street, service road or alley. The design of the access shall be approved by the department of public works as able to withstand commercial usage.

b.

There shall be no vehicular access to residential property from arterials or major highways as shown on the circulation element of the general plan, except where lots were of record on October 5, 1982, and where such access cannot be provided by way of an alley or service road. The lots shall have adequate turning area to permit motor vehicles to head into the highway.

c.

If vehicular access to the lot is via an alley, there shall be provided as a minimum pedestrian accessway a side yard at least five feet in width from the street frontage to the alley at the rear. For other yard requirements, see subsection 90-535(2).

d.

If vehicular access is via a driveway parallel with a side lot line, there shall be an accessway of not less than ten feet from the street or alley to the building site for both pedestrian and vehicular access.

(2)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(3)

Loading space. For nonresidential uses, the provisions of section 90-892 shall apply.

(Ord. No. 1092, Exh. A, 7-19-07)

Before any building or structure is erected, or any existing building or structure is enlarged, on any lot in this district, a site plan review shall have been approved pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 918, § 1, 9-1-94; Ord. No. 948, § 1, 4-4-96)

Before any temporary use (limited to 60 days duration or less) is established or any existing use is converted (for 60 days duration or less) to a different permitted use on any lot in this district, a director's review permit shall have been issued pursuant to the provisions of sections 90-1018 and 90-1019.

(Ord. No. 918, § 2, 9-1-94)

Secs. 90-541—90-570. - Reserved. ARTICLE XVI. - C-1 NEIGHBORHOOD COMMERCIAL ZONE

Sec. 90-571. - Purpose.

The C-1 district is intended to provide areas for convenience shopping in the residential area in which it is located.

(Ord. No. 2025-04, § 4(Exh. A, § 16), 5-15-25)

Sec. 90-572. - Uses permitted.

The following uses shall be permitted in the C-1 district, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-571:

(1)

Bakery, retail.

(2)

Barbershops.

(3)

Beauty shops.

(4)

Christmas tree sales lots.

(5)

Clothing store, up to 1,200 square feet.

(6)

Collection and distribution station for laundry or dry cleaners.

(7)

Convenience grocery stores, up to 3,000 square feet.

(8)

Delicatessens.

(9)

Drugstore, up to 1,200 square feet.

(10)

Florist shop, up to 1,200 square feet.

(11)

Gift shop, up to 1,200 square feet.

(12)

Health food store, up to 1,200 square feet.

(13)

Hobby shop, up to 1,200 square feet.

(14)

Ice cream shop, up to 1,200 square feet.

(15)

Laundry, self service.

(16)

Office, nonmedical, up to 2,000 square feet.

(17)

Shoe repair store, up to 1,200 square feet.

(18)

Stationary store, up to 1,200 square feet.

(19)

Variety store, up to 1,200 square feet.

(20)

Accessory buildings, subject to the provisions of subsection 90-894(4).

(21)

Murals subject to the approval of a mural permit pursuant to section 90-891(9).

(22)

Single room occupancy facilities.

(Ord. No. 929, § 1, 3-16-95; Ord. No. 1168, § 5, 2-18-16; Ord. No. 2025-04, § 4(Exh. A, § 16), 5-15-25)

Sec. 90-573. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the C-1 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-571:

(1)

Automobile service station.

(2)

Cleaning and dyeing shop, retail. Dry cleaning clothes allowed only in enclosed machine using nonflammable cleaning compounds.

(3)

Eating places, not including drive-in restaurants or places which serve alcoholic beverages.

(4)

Electric distribution substations.

(5)

Gasoline service.

(6)

Ice and food products dispensing machines.

(7)

Office, nonmedical, in excess of 2,000 square feet.

(8)

Photo processing pickup and delivery outlets.

(9)

Utility pumping stations.

(Ord. No. 878, § 1(1503), 11-19-92)

Sec. 90-574. - Property development standards—Lot area; lot dimensions; population density; building height; yards.

The following property development standards for lot area, lot dimensions, building height and yards, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-1 district:

(1)

Lot area. No requirements. However, the provisions of subsection 90-576(3) shall apply.

(2)

Lot dimensions.

a.

Width. No requirements.

b.

Depth. Each lot shall have a minimum depth of 150 feet.

(3)

Population density. None, however, for existing residential uses, the provisions of subsection 90-294(3) shall apply.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than one story, not to exceed 20 feet.

b.

For exceptions, the provisions of the C-P district, subsection 90-535(1)c, shall apply.

(5)

Yards. Yard requirements are intended to assure the harmony of the C-1 district with any surrounding residential district.

a.

General yard requirements.

1.

All required yards shall extend the full width or depth of the lot and shall be open from the ground to the sky, except as provided in subsection 90-535(2)e.

2.

The first ten feet of a required yard abutting a street shall be landscaped and maintained.

3.

Except as provided in subsection (5)a.2 of this section, all yards may be used for parking, loading, or access to parking or loading.

b.

Front yard. Each lot shall have a front yard of not less than ten feet. Where a C-1 district is adjacent to a residential district, the front yard shall be equal to the largest adjacent residential front yard required for the adjacent district; however, in no event need such front yard exceed 20 feet.

c.

Side yard.

1.

None required, except where the C-1 district abuts a residential district there shall be a side yard on the C- 1 lot on the side abutting the residential district of not less than ten feet.

2.

On corner lots there shall be a side yard of not less than ten feet on the side abutting a street, and where the C-1 lot is adjacent to a residential district the side yard shall be determined in the same manner as the front yard as set forth in subsection (5)b of this section.

d.

Rear yard. None required, except where the rear of the C-1 district abuts a residential district there shall be a rear yard of not less than ten feet.

(Ord. No. 727, § 1, 4-5-83)

Sec. 90-575. - Same—Space between buildings; lot coverage; walls; off-street parking; access.

The following property development standards for space between buildings, lot coverage, walls, off-street parking and access, together with the property development standards of the general requirements, section 90-881 et seq., shall apply to all land and structures in the C-1 district:

(1)

Space between buildings. No requirements.

(2)

Lot coverage. The maximum coverage of the lot by buildings or structures shall not exceed 33 percent of the total lot area, including areas subject to non public right-of-way easements. In calculating lot area, onehalf of the width of all abutting alleys may be included in the C-1 district; however, when there is an approved plan for an integrated center, the plan shall govern.

(3)

Walls.

a.

A solid masonry wall not less than five feet nor more than six feet in height shall be erected along the property line which is a district boundary with an abutting residential district.

1.

Where the district boundary is at a rear lot line which is not on a street, the wall shall be on that line.

2.

Where the district boundary is on a side lot line which is not on a street, the required wall shall be on, or parallel with, that lot line. The wall shall be reduced in height to three feet within the area defined by a line which is the prolongation of the front yard required in the abutting residential district.

3.

Where the district boundary is a street, any wall constructed along the street in either a front yard or side yard shall be set back from the property line a distance of ten feet and shall not exceed 3½ feet in height; the space between the wall and the property line to be landscaped and maintained.

b.

All walls shall be developed subject to the general conditions in section 90-883.

(4)

Off-street parking.

a.

The general requirement for off-street parking spaces and areas shall be 5½ parking spaces per 1,000 square feet of floor area, except the ratio shall be six parking spaces per 1,000 square feet of floor area for any grocery store of 3,000 or more square feet of floor area.

b.

The required parking shall be provided on the lot with the building or uses being served.

c.

The special parking requirements and improvement and maintenance standards of sections 90-884 through 90-889 shall apply as therein specified.

(5)

Access.

a.

There shall be adequate vehicular access from a dedicated and improved street, service road or alley, the design of which shall be approved by the director of public works.

b.

The director shall specify the location and number of means of ingress and egress to the property by conditions established at the time of review of the required site plan.

(Ord. No. 727, § 1, 4-5-83; Ord. No. 909, § 2, 4-21-94)

Sec. 90-576. - Same—Outdoor advertising; loading spaces; size of new district.

The following property development standards for outdoor advertising, loading spaces and size of new district, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-1 district:

(1)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(2)

Loading spaces. The provisions of section 90-892 shall apply.

(3)

Size of new district. The maximum size for the C-1 district shall be 20,000 square feet.

(Ord. No. 727, § 1, 4-5-83; Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-577. - Site plan review.

Before any building or structure is erected, or any existing building or structure is enlarged, on any lot in this district, a site plan review shall have been approved pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 918, § 3, 9-1-94; Ord. No. 948, § 2, 4-4-96)

Before any temporary use (limited to 60 days duration or less) is established or any existing use is converted (for 60 days duration or less) to a different permitted use on any lot in this district, a director's review permit shall have been issued pursuant to the provisions of sections 90-1018 and 90-1019.

(Ord. No. 918, § 4, 9-1-94)

Secs. 90-579—90-610. - Reserved. ARTICLE XVII. - C-2 COMMUNITY COMMERCIAL DISTRICT

Sec. 90-611. - Purpose.

The C-2 district is intended to provide unified shopping areas designed to serve the needs of a community. Sec. 90-612. - Uses permitted.

The following uses shall be permitted in the C-2 district plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as defined in section 90-611:

(1)

Those uses permitted in the C-1 district, section 90-572.

(2)

Appliance sales, household.

(3)

Art galleries.

(4)

Auto parts sales, new.

(5)

Automobile service stations.

(6)

Banks and financial institutions.

(7)

Bicycle shops.

(8)

Bookstores.

(9)

Building and loan offices.

(10)

Cafeterias.

(11)

Carnivals, promotional.

(12)

Clothing stores.

(13)

Confectioneries.

(14)

Dairy products.

(15)

Department stores.

(16)

Drugstores.

(17)

Employment agencies.

(18)

Florist shops.

(19)

Fruit and vegetable stores, within completely enclosed building.

(20)

Furniture stores.

(21)

Garden supplies.

(22)

Gift shops.

(23)

Hardware stores.

(24)

Health foods.

(25)

Hobby shops.

(26)

Home furnishings.

(27)

Ice cream.

(28)

Jewelry stores.

(29)

Leather goods and luggage.

(30)

Libraries.

(31)

Liquor products, package.

(32)

Lunchrooms.

(33) Meat markets.

(34)

Musical instruments.

(35)

Music instruction. (36) Newspaper stands. (37) Notions. (38) Offices: a. Administrative. b. Business. c. General. d. Medical. e. Professional. (39) Pet shops. (40) Photographic studios and supplies. (41) Picture framing.

(42)

Plant nurseries.

(43)

Post offices.

(44)

Radio and television broadcasting studios.

(45)

Radio and television sales and service.

(46)

Reading rooms.

(47)

Restaurants, serving wine and beer with meals only.

a.

Drive-in restaurant.

(48)

Shoe repair shops.

(49)

Shoe stores.

(50)

Soft drink fountains.

(51)

Sporting goods.

(52)

Stamp and coin brokers.

(53)

Stationery stores.

(54)

Super drugstores.

(55)

Supermarkets.

(56)

Tire, battery and accessory parts retail sales and service stores.

(57)

Tobacco products.

(58)

Toy stores.

(59)

Variety stores.

(60)

Murals subject to the approval of a mural permit pursuant to section 90-891(9).

(Ord. No. 950, § 13, 5-16-96; Ord. No. 1153, § 1, 1-15-15; Ord. No. 1168, § 6, 2-18-16)

Sec. 90-613. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the C-2 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-611:

(1)

Amusement arcades and parlors operating three or more amusement devices.

(2)

Any conversion of a residential building to a permitted nonresidential use involving any change in the exterior appearance of the building.

(3)

Bowling alleys.

(4)

Bars and cocktail lounges.

(5)

Cleaning and dyeing shops, retail. Dry cleaning clothes allowed only in enclosed machine using nonflammable cleaning compounds.

(6)

Exercise, dance and health studios.

(7)

Ice and food products dispensing machines.

(8)

Microwave relay stations.

(9)

Motion picture theaters.

(10)

Public parking lots or structures, subject to the provisions of sections 90-614, 90-615 and 90-884 through 90-889.

(11)

Self-service car washes.

(12)

Small animal veterinary hospitals and clinics, within completely enclosed buildings, with no boarding except as is incidental to medical care, subject to provisions of sections 90-884 through 90-889.

(13)

Sports and recreation clubs, membership.

(14)

Reserved.

(15)

Water pump stations.

(Ord. No. 878, § 1(1603), 11-19-92; Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-614. - Uses permitted subject to director's review permit.

The following uses shall be permitted in the C-2 district subject to first securing a director's review permit as provided in sections 90-1018 and 90-1019 plus such other uses as the commission may determine to be similar in nature as specified in section 90-611:

(1)

Temporary auto motor vehicle sales including autos, motorcycles, trucks, recreational vehicles (RVs), boats, and farm equipment in parking lots of existing shopping centers (limited to three days duration or less).

(2)

The temporary establishment (limited to 60 days duration or less) of any permitted use listed in section 90612 on any lot in this district.

(3)

The conversion of any existing use to a different permitted use on a temporary basis (limited to 60 days duration or less) on any lot in this district.

(4)

Small collection facilities for recycled materials, subject to the provisions of section 90-1095.

(Ord. No. 982, §§ 1—5, 2-5-98; Ord. No. 985, § 1, 4-2-98)

Editor's note— Ord. No. 982 renumbered the former provisions of § 90-614 as § 90-616 and enacted a new § 90-614.

Sec. 90-615. - Reserved.

Editor's note— Ord. No. 982, §§ 1—5, adopted Feb. 5, 1998, renumbered the provisions of § 90-615 as § 90-617. Section 90-615 pertained to property development standards—space between buildings, lot coverage, walls, off-street parking, access, outdoor advertising, loading spaces, and size of new district, and derived from Ord. No. 909, § 3, adopted April 21, 1994.

Sec. 90-616. - Property development standards—Lot area; lot dimensions; population density; building height; yards.

The following property development standards for lot area, lot dimensions, population density, building height and yards, together with the property development standards in the general conditions, section 90881 et seq., shall apply to all land and structures in the C-2 district:

(1)

Lot area. No requirement. However, the provisions of subsection 90-615(8) shall apply.

(2)

Lot dimensions. No requirements.

(3)

Population density. No requirements.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than two stories, not to exceed 35 feet.

b.

For exceptions, the provisions of the C-P district, subsection 90-535(1)b, shall apply.

(5)

Yards.

a.

General yard requirements.

1.

All required yards shall extend the full width or depth of the lot and shall be open from the ground to the sky, except as provided in subsection 90-535(2)e.

2.

The required yard abutting a street shall be completely landscaped and maintained.

3.

Except as provided in this subsection, all yards may be used for parking, loading, or access to parking or loading.

b.

Front yard.

1.

Each lot shall have a front yard of not less than ten feet, except where the property is developed as a shopping center as defined in section 90-48, the front yard shall be increased to 20 feet.

2.

Where a C-2 lot is adjacent to a residential district, the front yard shall be equal to the largest adjacent residential front yard required for the adjacent district; however, in no event need such front yard exceed 20 feet.

c.

Side yard.

None required, except where the C-2 district abuts a residential district there shall be a side yard on the C- 2 lot on the side abutting the residential district of not less than ten feet, of which five feet shall be landscaped and maintained.

2.

On corner lots there shall be a side yard of not less than ten feet on the side abutting a street, except where the property is developed as a shopping center as defined in section 90-48, the side yard abutting a street shall be increased to 20 feet.

d.

Rear yard. None required except where the rear of the C-2 district abuts a residential district, there shall be a rear yard of not less than 20 feet, of which five feet shall be landscaped and maintained.

(Ord. No. 950, § 14, 5-16-96; Ord. No. 982, §§ 1—5, 2-5-98)

Editor's note— Ord. No. 982, §§ 1—5, adopted Feb. 5, 1998, renumbered the provisions of § 90-616 as § 90-618.

Sec. 90-617. - Same—Space between buildings; lot coverage; walls; off-street parking; access; outdoor advertising; loading spaces; size of new district.

The following property development standards for space between buildings, lot coverage, walls, off-street parking, access, outdoor advertising, loading spaces and size of new district, together with the property development standards, section 90-881 et seq., shall apply to all land and structures in the C-2 district:

(1)

Space between buildings. No requirements.

(2)

Lot coverage. The maximum coverage of the lot by buildings or structures shall not exceed 33 percent of the total lot area, including areas subject to non public right-of-way easements. In calculating lot area, onehalf of the width of all abutting alleys may be included as part of the lot; however, when there is an approved plan for an integrated center, the plan shall govern.

(3)

Walls. None required other than along the boundaries between the C-2 district and abutting residential districts, in which case the requirements set forth in the C-1 district, subsection 90-575(3), shall apply.

(4)

Off-street parking.

a.

The general requirement of off-street parking spaces and areas shall be six parking spaces per 1,000 square feet of floor area.

b.

The required parking shall be provided on the lot with the building or uses being served.

c.

The special parking requirements and improvement and maintenance standards of sections 90-884 through 90-889 shall apply as therein specified.

(5)

Access. The provisions of the C-1 district, subsection 90-575(5), shall apply.

(6)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(7)

Loading spaces. The provisions of section 90-892 shall apply.

(8)

Size of new district. In order to carry out the purposes expressed in section 90-611, the minimum and maximum amount of land that may be zoned for C-2 purposes in any one location shall be:

a.

Minimum area—Five acres.

b.

Maximum area—Not more than 15 acres.

(Ord. No. 909, § 3, 4-21-94; Ord. No. 982, §§ 1—5, 2-5-98; Ord. No. 1092, Exh. A, 7-19-07)

Editor's note— Ord. No. 982, §§ 1—5, adopted Feb. 5, 1998, deleted the former provisions of § 90-617 and renumbered § 90-615 as § 90-617. The former § 90-617 pertained to the director's review, and derived from Ord. No. 918, § 6, adopted Sept. 1, 1994. See the editor's note to § 90-615 for further information.

Sec. 90-618. - Site plan review.

Before any building or structure is erected, or any existing building or structure is enlarged, on any lot in this district, a site plan review shall have been approved pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 918, § 5, 9-1-94; Ord. No. 948, § 3, 4-4-96; Ord. No. 982, §§ 1—5, 2-5-98)

Secs. 90-619—90-650. - Reserved. ARTICLE XVIII. - C-3 CENTRAL COMMERCIAL DISTRICT

The C-3 district is intended to serve as the central commercial area for the urbanized area.

Sec. 90-652. - Uses permitted.

The following uses shall be permitted in the C-3 district plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-651:

(1)

Those permitted in the C-2 district, section 90-612.

(2)

Antique shops.

(3)

Apartment hotels.

(4)

Artists' studios.

(5)

Business colleges.

(6)

Commercial schools.

(7)

Communications equipment buildings.

(8)

Exhibit halls.

(9)

Exercise, health and dance studios.

(10)

Gymnasiums.

(11)

Household pets, the keeping thereof, subject to the provisions of section 90-31.

(12)

Ice and food products dispensing machines.

(13)

Institutions of a philanthropic nature, except correctional and mental.

(14)

Laboratories:

a.

Biological.

b.

Dental.

c.

Medical.

d.

Optometrical.

(15)

Lodges, clubs and fraternal organizations.

(16)

Meeting halls.

(17)

Museums.

(18)

Newspaper publishing.

(19)

Post offices.

(20)

Print shops, lithographing, publishing and blueprinting.

(21)

Public parking lots.

(22)

Sports and recreation clubs, membership.

(23)

Taxidermists.

(24)

Residential structures and uses existing on July 23, 1994, on lots which contain no commercial structures or uses; provided that no new commercial structure or use shall be added to a lot which contains a residential use, and further provided that any addition to a residential structure shall comply with the development standards of the R-1-6 zone district, as set forth in sections 90-294 through 90-297.

(25)

Home occupations, subject to the provisions of section 90-30.

(26)

Murals subject to the approval of a mural permit pursuant to section 90-891(9).

(Ord. No. 914, § 1, 6-23-94; Ord. No. 950, § 15, 5-16-96; Ord. No. 971, § 1, 7-17-97; Ord. No. 1168, § 7, 2- 18-16)

Sec. 90-653. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the C-3 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-651:

(1)

Amusement arcades and parlors operating more than three amusement devices.

(2)

Automobile rental and leasing.

(3)

Automobile sales with incidental repair and service (any repair and service shall be conducted within an enclosed building), including the sale of trucks not to exceed three tons factory rating.

(4)

Bus terminals.

(5)

Caretaker's residence.

(6)

Cleaning and dyeing shops, retail. Dry cleaning clothes allowed only in enclosed machine using nonflammable cleaning compound.

(7)

Mortuaries.

(8)

Pawn shops.

(9)

Pool and billiard parlors.

(10)

Secondhand goods sales, all goods displayed, sold and stored within an entirely enclosed building.

(11)

Tattoo parlors.

(12)

Thrift shops.

(13)

Multiple-family residential structures and uses utilizing the development standards of the RM 2.5 zone district (sections 90-331 through 90-375) provided that any residential use in the same structure as a commercial use shall not be located on the ground floor.

(14)

Outdoor venue - outdoor dining (mobile vendor), serving alcoholic beverages, live entertainment.

(Ord. No. 878, § 1(1703), 11-19-92; Ord. No. 970, § 11, 7-17-97; Ord. No. 977, § 1, 11-6-97; Ord. No. 1008, § 1, 11-16-00; Ord. No. 1021, § 2, 8-2-01; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 1168, § 8, 2-18-16; Ord. No. 2024-06, § 2, 8-1-24)

Sec. 90-654. - Property development standards—Lot area; lot dimensions; population density; building height; yards; space between buildings; lot coverage.

The following property development standards for lot area, lot dimensions, population density, building height, yards, space between buildings and lot coverage, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-3 district:

(1)

Lot area. No requirements.

(2)

Lot dimensions. No requirements.

(3)

Population density. No requirements.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than three stories, not to exceed 40 feet; provided, that buildings over three stories or 40 feet in height may be erected subject to the securing of a conditional use permit as set forth in sections 90-998 through 90-1001.

b.

For exceptions, the provisions of the C-P district, subsection 90-535(1)c, shall apply.

(5)

Yards.

a.

No requirements, except if the C-3 district abuts a boundary with any residential district, there shall be a yard of not less than ten feet in width, extending the full length or width of the lot.

b.

If the district boundary is a street, a building setback of not less than six feet shall be provided and shall be landscaped and maintained. No landscaped setback need to be provided for uses not requiring a building or structure.

c.

If the district boundary is a side or rear lot line, the yard may be used for parking or loading, provided walls are erected as required in section 90-655(1).

(6)

Space between buildings. No requirements.

(7)

Lot coverage. No requirements.

(Ord. No. 969, § 1, 7-37-97)

Sec. 90-655. - Same—Walls; off-street parking; access; outdoor advertisement; loading spaces.

The following property development standards for walls, off-street parking, access, outdoor advertising and loading spaces, together with the property development standards in the general conditions, section 90881 et seq., shall apply to all land and structures in the C-3 district:

(1)

Walls.

a.

None required, except along the boundary between a C-3 district and a residential district, in which case the requirements of the C-1 district, subsection 90-575(3)a.1. and 2., shall apply.

b.

In addition, a solid masonry wall six feet in height shall be erected along the street frontage on the setback line and along district boundaries between any outdoor storage and parking area and any residential district. In addition, there shall be a six-foot high solid fence enclosing the storage yard on all its other property lines.

c.

All fences and walls shall be developed subject to the general conditions in section 90-883.

(2)

Off-street parking.

a.

There shall be at least three parking spaces per 1,000 square feet of floor area; provided, however, that if such use falls into any of the special uses in the general conditions, sections 90-884 through 90-889, such general conditions shall apply; and further provided that if such use locates in a building existing as of June 5, 1997, no off-street parking needs to be provided.

b.

The parking spaces shall be provided on site not more than 500 feet from the external boundaries of the lot upon which the building it serves is located. This required parking area shall be provided in any of the following ways:

1.

On the lot with the building served;

2.

On a contiguous lot or a lot within 500 feet of the building or uses being served; or

3.

By membership in an assessment district established for the purpose of providing off-street parking for the uses located in the district.

c.

The provisions of the general conditions, sections 90-884 through 90-889, shall apply.

(3)

Access. The provisions of the C-1 district, subsection 90-575(5), shall apply. In addition, no driveway access shall be allowed on a street which is the boundary between a C-3 district and any residential district.

(4)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(5)

Loading spaces. For commercial buildings and apartment buildings, the provisions of section 90-892 shall apply.

(Ord. No. 909, § 4, 4-21-94; Ord. No. 967, § 1, 6-5-97; Ord. No. 969, § 2, 7-3-97; Ord. No. 1092, Exh. A, 7- 19-07)

Sec. 90-656. - Site plan review.

Before any building or structure is erected on any lot in this district, a site plan shall have been submitted to and approved by the commission pursuant to the provisions of sections 90-1009 through 90-1013.

Secs. 90-657—90-690. - Reserved.

ARTICLE XIX. - C-4 GENERAL COMMERCIAL DISTRICT

Sec. 90-691. - Purpose.

The C-4 district is intended to provide sites for the heavier commercial classifications which are located in existing built-up areas and are too far scattered to perform the function of the community shopping center.

Sec. 90-692. - Uses permitted.

The following uses shall be permitted in the C-4 district plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-691:

(1)

Reserved.

(2)

Ambulance services.

(3)

Animal hospitals; no kennels except for animals under treatment.

(4)

Antique shops.

(5)

Appliance sales.

(6)

Artists' studios.

(7)

Automobile muffler shops.

(8)

Automobile parts sales, new.

(9)

Automobile rental and leasing, without drivers.

(10)

Automobile repairs, conducted within a completely enclosed building.

(11)

Automobile reupholstery, when located within a completely enclosed building.

(12)

Automobile sales with incidental repairs and service (any repairs and service within a completely enclosed building), including the sale of trucks not to exceed three tons factory rating.

(13)

Automobile service stations.

(14)

Bakeries, retail.

(15)

Banks.

(16)

Barbershops.

(17)

Bars and cocktail lounges.

(18)

Beauty shops.

(19)

Bicycle shops.

(20)

Boat sales.

(21)

Bowling alleys.

(22)

Building and loan offices.

(23) Business colleges.

(24) Carnival, promotional.

(25)

Cleaning and dyeing shops, retail (dry cleaning clothes allowed only in enclosed machine using nonflammable cleaning compounds).

(26)

Communications equipment buildings.

(27)

Confectioneries.

(28)

Delicatessens.

(29)

Diaper services.

(30)

Drive-in restaurants.

(31)

Drugstores.

(32)

Electrical supply.

(33)

Equipment rental, except heavy construction equipment.

(34)

Exercise, health and dance studios.

(35)

Feed and fuel, when located within a completely enclosed building or solid masonry wall.

(36)

Frozen food lockers.

(37)

Furniture upholstery.

(38)

Garden supplies.

(39)

Groceries.

(40)

Gymnasiums.

(41)

Hardware stores.

(42)

Health foods.

(43)

Hobby shops.

(44)

Ice and food products dispensing machines.

(45)

Laboratories.

a.

Biological.

b.

Dental.

c.

Medical.

d.

Optometrical.

e.

Testing.

(46)

Laundry and dry cleaning pickup agencies for work to be done elsewhere.

(47)

Laundry, self-service.

(48)

Libraries.

(49)

Light truck rental.

(50)

Liquor products (packaged).

(51)

Machinery sales, except heavy construction machinery.

(52)

Mattress shops.

(53)

Mechanical car washes.

(54)

Meeting halls.

(55)

Miniature golf courses.

(56)

Mobile home sales and display.

(57)

Monument and tombstone sales (retail only).

(58)

Motels.

(59)

Motion picture theatres.

(60)

Motorcycle shops.

(61)

Music instructions.

(62)

Newspaper stands. (63)

Offices: a.

Administrative.

b. Business. c. General. d. Medical. e. Professional.

(64) Pet shops. (65) Photographic studios.

(66) Photographic supplies. (67) Plant nurseries.

(68) Post offices.

(69)

Pottery sales, when located within a completely enclosed building or solid masonry wall.

(70)

Print shops, lithographing, publishing, blueprinting.

(71)

Radio and television broadcasting.

(72)

Reading rooms.

(73)

Recreational vehicle sales and rentals.

(74)

Rentals of party supplies, sickroom supplies and health machines.

(75)

Restaurants.

(76)

Secondhand stores, when located within a completely enclosed building.

(77)

Self-service car washes.

(78)

Shoe repair shops.

(79)

Silkscreen processing.

(80)

Skating rinks.

(81)

Sports and recreation clubs, membership.

(82)

Sporting goods.

(83)

Storage garages.

(84)

Super drug stores.

(85)

Supermarkets.

(86)

Taxidermists.

(87)

Thrift shops.

(88)

Tire, battery and accessory parts retail and service stores.

(89)

Tobacco products.

(90)

Tropical fish raising.

(91)

Variety stores.

(92)

Veterinarians.

(93)

Water pump stations.

(94)

Murals subject to the approval of a mural permit pursuant to section 90-891(9).

(Ord. No. 851, 8-1-91; Ord. No. 950, § 16, 5-16-96; Ord. No. 970, § 12, 7-17-97; Ord. No. 1092, Exh. A, 7- 19-07; Ord. No. 1168, § 9, 2-18-16)

Sec. 90-693. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the C-4 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-691:

(1)

Amusement arcades and parlors operating three or more amusement devices.

(2)

Buildings over two stories or 35 feet in height.

(3)

Caretaker's residences.

(4)

Churches.

(5)

Kennels.

(6)

Lodges, clubs and fraternal organizations.

(7)

Mortuaries.

(8)

Pool and billiard parlors.

(9)

Storage buildings, mini storage facilities.

(Ord. No. 1003, § 1, 2-3-00; Ord. No. 1021, § 3, 8-2-01; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 1168, § 10, 2-18-16; Ord. No. 2024-05, § 1, 8-1-24)

Sec. 90-694. - Property development standards—Lot area; lot dimensions; population density; building height; yards; space between buildings; lot coverage.

The following property development standards for lot area, lot dimensions, population density, building height, yards, space between buildings and lot coverage, together with the property development

standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-4 district:

(1)

Lot area. No requirement.

(2)

Lot dimensions.

a.

Width. No requirements.

b.

Depth. Each lot shall have a minimum depth of 100 feet.

(3)

Population density. No requirements.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than two stories, not to exceed 35 feet.

b.

For exceptions, the provisions of the C-P district, subsection 90-535(1)b, shall apply.

(5)

Yards.

a.

General yard requirements.

1.

All required yards shall extend the full width or depth of the lot and shall be open from the ground to the sky, except as provided in subsection 90-535(2)e.

2.

The first ten feet of a required yard abutting a street shall be landscaped and maintained.

Except as provided in subsection (5)a.2 of this section, all yards may be used for parking, loading, or access to parking or loading.

b.

Front yard. Each lot shall have a front yard of not less than ten feet. Where a C-4 district is adjacent to a residential district, the front yard shall be equal to the largest adjacent residential front yard required for the adjacent district; however, in no event need such front yard exceed 20 feet.

c.

Side yard.

1.

None required, except where the C-4 lot abuts a residential district there shall be a side yard on the C-4 lot on the side abutting the residential district of not less than ten feet.

2.

On corner lots there shall be a side yard of not less than ten feet on the side abutting a street, and where the C-4 lot is adjacent to a residential district the side yard shall be determined in the same manner as the front yard as set forth in subsection (5)b of this section.

d.

Rear yard. None required, except where the rear of the C-4 district abuts a residential district there shall be a rear yard of not less than ten feet.

(6)

Space between buildings. No requirements.

(7)

Lot coverage. No requirements.

(Ord. No. 953, § 1, 9-5-96)

Sec. 90-695. - Same—Walls; off-street parking; access; outdoor advertising; loading spaces.

The following property development standards for walls, off-street parking, access, outdoor advertising and loading spaces, together with the property development standards in the general conditions, section 90881 et seq., shall apply to all land and structures in the C-4 district:

(1)

Walls.

a.

None required, except along the boundary between a C-4 district and any residential district, in which case the requirements of the C-1 district, subsection 90-575(3), shall apply.

b.

In addition, a solid masonry wall five to six feet in height shall be erected along district boundaries between any outdoor storage or parking area and any residential district. In addition, there shall be a six-foot high solid fence enclosing the storage yard on all its other property lines.

c.

All fences and walls shall be developed subject to the general conditions in section 90-883.

(2)

Off-street parking.

a.

The following off-street parking requirements shall apply:

1.

For uses, except a grocery store and supermarket, there shall be at least three parking spaces per 1,000 square feet of floor area; provided, however, that if such use falls into any of the special uses in the general conditions, sections 90-884 through 90-889, such general conditions shall apply.

2.

For a grocery store there shall be at least 5½ parking spaces per 1,000 square feet of floor area, or fraction thereof.

3.

For a supermarket there shall be at least six parking spaces per 1,000 square feet of floor area or fraction thereof.

b.

This required parking area shall be provided as in the C-3 district, subsection 90-655(2), which shall apply.

c.

The provisions of the general conditions, sections 90-884 through 90-889, shall apply.

(3)

Access. There shall be adequate vehicular access from a dedicated and improved street, service road, or alley.

(4)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(5)

Loading spaces. The provisions of section 90-892 shall apply.

(Ord. No. 909, § 5, 4-21-94; Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-696. - Site plan review.

Before any building or structure is erected, or any existing building or structure is enlarged, on any lot in this district, a site plan review shall have been approved pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 918, § 7, 9-1-94; Ord. No. 948, § 4, 4-4-96)

Before any temporary use (limited to 60 days duration or less) is established or any existing use is converted (for 60 days duration or less) to a different permitted use on any lot in this district, a director's review permit shall have been issued pursuant to the provisions of sections 90-1018 and 90-1019.

(Ord. No. 918, § 8, 9-1-94)

Secs. 90-698—90-730. - Reserved.

ARTICLE XX. - C-M COMMERCIAL AND LIGHT MANUFACTURING DISTRICT

The C-M commercial and light manufacturing district is intended to provide for retail and wholesale sales, warehousing, light manufacturing, distributing, storage and to provide quick access between warehousing, distribution and retail sales.

Sec. 90-732. - Uses permitted.

The following uses shall be permitted in the C-M district plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-731:

(1)

Retail stores.

a.

Automobile sales with incidental repair and service (any repair and service shall be conducted within a completely enclosed building), including truck sales.

b.

Automobile parts sales, new.

c.

Automobile service stations.

d.

Bakeries, retail.

e.

Building materials, new.

f.

Department stores.

g.

Electrical supply.

h.

Equipment sales.

i.

Farm equipment sales with incidental repairs and service.

j.

Home furnishings.

k.

Ice storage; such storage house shall be limited to ten ton capacity each.

l.

Leather goods and luggage.

m.

Motorcycle shops.

n.

Music, musical instruments, records.

o.

Pawn shops.

p.

Plumbing supplies.

q.

Radio-television sales and services;

r.

Secondhand goods sales; all goods, except vehicles, displayed, sold and stored within an entirely enclosed building.

s.

Sporting goods.

t.

Thrift shops.

u.

Tire, battery and accessory parts retail sales and service store.

v.

Toys.

w.

Truck service stations.

x.

Variety stores.

(2)

Services.

a.

Animal hospitals and shelters.

b.

Automobile repairs, conducted within a completely enclosed building.

c.

Automobile reupholstery.

d.

Auction houses.

e.

Bars and cocktail lounges.

f.

Blueprinting and photocopying.

g.

Body and fender shops.

h.

Employment agencies.

i.

Equipment rentals.

j.

Farm equipment services.

k.

Financial institutions.

l.

Libraries.

m.

Mechanical car wash.

n.

Newspaper publishing.

o.

Offices:

1.

Administrative.

Business.

General.

Medical.

Professional.

p.

Picture framing.

q.

Printing shops, lithographing, publishing.

r.

Reading rooms.

s.

Self-service car washes.

t.

Taxidermists.

(3)

Related uses.

a.

Reserved.

b.

Banks.

c.

Caretaker's residences.

d.

Commercial uses that are incidental to and directly related to and serving the permitted industrial uses.

e.

Delicatessens.

f.

Frozen food lockers.

g.

Grocery stores.

h.

Ice and food product dispensing machines.

i.

Restaurants.

j.

Wholesale meat cutting and packing, provided there shall be no slaughtering, fat rendering, sausage making, or smoke curing.

(4)

Manufacturing.

a.

Automotive:

1.

Painting.

2.

Reconditioning.

3.

Tire recapping, retreading and rebuilding, with the provision that all tires shall be sold on the premises at retail only and direct to the ultimate consumer.

4.

Truck repairing and overhauling.

Upholstering.

b.

Boat building and repairs.

c.

Book binding.

d.

Bottling plants.

e.

Ceramic products using only previously pulverized clay and fired in kilns only using electricity or gas.

f.

Jewelry manufacturing.

g.

Machinery and shop; no punch presses over 20 tons or drop hammers:

1.

Cabinet or carpenter shops.

2.

Custom furniture shops.

3.

Furniture upholstery shops, custom retail work.

4.

Machine shops.

5.

Welding shops.

h.

Manufacturing, compounding, processing, packaging, or treatment of products such as:

1.

Bakery goods.

Candy.

3.

Cosmetics.

4.

Dairy products.

Drugs.

6.

Food products, excluding fish and meat products, sauerkraut, wine, vinegar, yeast and the rendering of fats and oils, if connected with an adequate sewer system.

7.

Fruit and vegetables, packing only.

8.

Honey extraction.

Perfume.

Toiletries.

i.

Manufacturing and maintenance of electric or neon signs.

j.

Novelties.

k.

Retail lumber yards, including incidental millwork but not including planing mill.

l.

Rubber and metal stamps.

m.

Storage yards:

1.

Contractor's storage yards.

2.

Feed and fuel yards.

3.

Machinery rentals.

4.

Motion picture studio storage yards.

5.

Transit storage.

6.

Petroleum bulk plants.

n.

Wholesaling and warehousing.

(5)

Processing.

a.

Blueprinting and photocopying.

b.

Carpet and rug cleaning plants.

c.

Cleaning and dyeing plants.

d.

Creameries.

e.

Laundries.

f.

Laboratories.

(6)

Fabrication, including assembly of small electrical and electronic equipment.

(7)

Public utility service yards, with incidental buildings.

(8)

Off-street parking.

(9)

Agricultural uses.

(10)

Electrical distribution substations.

(11)

Communications equipment buildings.

(12)

Water pump stations.

(13)

Murals subject to the approval of a mural permit pursuant to section 90-891(9).

(Ord. No. 950, § 17, 5-16-96; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 1168, § 11, 2-18-16)

Sec. 90-733. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the C-M district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-731:

(1)

Commercial blood banks.

(2)

Electric motor rebuilding.

(3)

Kennels.

(4)

Microwave relay structures.

(5)

Mortuaries.

(6)

Rubber; fabrication of products made from finished rubber.

(7)

Storage buildings, mini storage facilities.

(Ord. No. 2024-05, § 1, 8-1-24)

Sec. 90-734. - Property development standards—Lot area; lot dimensions; population density; building height; yards.

The following property development standards for lot area, lot dimensions, population density, building height and yards, together with the property development standards in the general conditions, section 90881 et seq., shall apply to all land and structures in the C-M district:

(1)

Lot area. No requirements.

(2)

Lot dimensions. Each dimension is minimum only.

a.

Width. Each lot shall have a minimum width of 75 feet.

b.

Depth. Each lot shall have a minimum depth of 120 feet.

(3)

Population density. No requirements.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than 50 feet.

b.

Exceptions: Subject to first securing a conditional use permit as provided in sections 90-998 through 901001, roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, church steeples, roof signs, flagpoles, chimneys, water tanks or wireless masts or similar structures may be erected above the height limits prescribed in subsection (4)a. of this section; provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structure or any space above the height limits shall be allowed to provide additional floor space.

(5)

Yards.

a.

General yard requirements.

1.

All required yards shall extend the full width or depth of the lot and shall be open from the ground to the sky, except as provided in subsection 90-535(2)e.

2.

The first ten feet of a required yard abutting a street shall be landscaped and maintained.

3.

Except as provided in subsection (5)a.2 of this section, all yards may be used for parking, loading, or access to parking or loading.

b.

Front yard. Each lot shall have a front yard of not less than ten feet. Where a C-M district is adjacent to a residential district, the front yard shall be equal to the largest adjacent residential front yard required for the adjacent district; however, in no event need such front yard exceed 20 feet.

c.

Side yard.

None required, except where the C-M district abuts a residential district there shall be a side yard on the C- M lot on the side abutting the residential district of not less than ten feet.

2.

On corner lots there shall be a side yard of not less than ten feet on the side abutting a street, and where the C-M lot is adjacent to a residential district the side yard shall be determined in the same manner as the front yard as set forth in subsection (5)b of this section.

d.

Rear yard. None required, except where the rear of the C-M district abuts a residential district there shall be a rear yard of not less than ten feet.

Sec. 90-735. - Same—Space between buildings; lot coverage; fences, hedges and walls; off-street parking; access; outdoor advertising; loading spaces.

The following property development standards for space between buildings, lot coverage, fences, hedges and walls, off-street parking, access, outdoor advertising and loading spaces, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-M district:

(1)

Space between buildings. No requirements.

(2)

Lot coverage. No requirements.

(3)

Fences, hedges and walls. The provisions of the M-L district, subsection 90-777(3), shall apply.

(4)

Off-street parking.

a.

For uses listed in section 90-732 subsections (1) through (3), the following provisions shall apply:

1.

For all uses, except a grocery store, there shall be at least three parking spaces per 1,000 square feet of floor area; provided, however, that if such use falls into any of the special uses in the general conditions, sections 90-884 through 90-889, such general conditions shall apply.

2.

For a grocery store there shall be at least 5½ parking spaces per 1,000 square feet of floor area, or fraction thereof.

b.

For all other uses the provisions of the M-L district, subsection 90-777(4)b, shall apply.

c.

The provisions of the general conditions, sections 90-884 through 90-886, shall apply.

(5)

Access. The provisions of the M-L district, section 90-777(5), shall apply.

(6)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(7)

Loading spaces. The provisions of section 90-892 shall apply.

(Ord. No. 909, § 6, 4-21-94; Ord. No. 970, § 13, 7-17-97; Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-736. - Site plan review.

Before any building or structure is erected, or any existing building or structure is enlarged, on any lot in this district, a site plan review shall have been approved pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 918, § 9, 9-1-94; Ord. No. 948, § 5, 4-4-96)

Before any temporary use (limited to 60 days duration or less) is established or any existing use is converted (for 60 days duration or less) to a different permitted use on any lot in this district, a director's review permit shall have been issued pursuant to the provisions of sections 90-1018 and 90-1019.

(Ord. No. 918, § 10, 9-1-94)

Secs. 90-738—90-770. - Reserved.

ARTICLE XXI. - M-L LIGHT MANUFACTURING DISTRICT

Sec. 90-771. - Purpose.

The M-L district is intended to allow for industry that fabricates, manufactures, assembles or processes materials already in a processed form and which do not create smoke, gas, odor, dust, sound, vibration, soot or lighting while in operation.

Sec. 90-772. - Related uses permitted.

The following related uses shall be permitted in the M-L district, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-771:

(1)

Reserved.

(2)

Animal hospitals and shelters.

(3)

Automobile repairs, conducted within a completely enclosed building.

(4)

Automobile reupholstery.

(5)

Automobile service stations.

(6)

Banks and financial institutions.

(7)

Caretakers' residences.

(8)

Commercial uses that are incidental to and directly related to and serving the permitted industrial uses.

(9)

Delicatessens.

(10)

Electrical supplies.

(11)

Equipment rental or sales.

(12)

Farm equipment sales and service.

(13)

Frozen food lockers.

(14)

Grocery stores.

(15)

Kennels.

(16)

Ice and cold storage plants.

(17)

Ice and food products dispensing machines.

(18)

Laboratories:

a.

Chemical.

b.

Dental.

c.

Electrical.

d.

Optical.

e.

Mechanical.

f.

Medical.

(19)

Newspaper publishing.

(20)

Offices:

a.

Administrative.

b.

Business.

c.

General. d.

Medical.

e.

Professional.

(21)

Photocopying and blueprinting services.

(22)

Restaurants.

(23)

Radio and television broadcasting.

(24)

Truck service stations.

(25)

Emergency shelters, subject to the provisions in section 90-898.

(26)

Murals subject to the approval of a mural permit pursuant to section 90-891(9).

Editor's note— Ord. No. 1168, § 12, adopted Feb. 18, 2016, amended § 90-772 with the addition of subsection (25) to the Code. Inasmuch as there was already a subsection so designated, said subsection has been designated as § 90-772(26) at the discretion of the editor.

(Ord. No. 950, § 18, 5-16-96; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 1167, § 2, 2-18-16; Ord. No. 1168, § 12, 2-18-16)

Sec. 90-773. - Manufacturing uses permitted.

The following manufacturing uses shall be permitted in the M-L district, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-771:

(1)

Aircraft: modification, storage, repair and maintenance.

(2)

Automotive:

a.

Painting.

b.

Automotive reconditioning.

c.

Truck repairing and overhauling.

d.

Upholstering.

(3)

Boat building repairs.

(4)

Book binding.

(5)

Bottling plants.

(6)

Ceramic products using only previously pulverized clay and fired in kiln only using electricity or gas.

(7)

Electronics:

a.

Electrical and related parts.

b.

Electrical appliances.

c.

Electrical devices.

d.

Motors.

e.

Radio, television and phonograph.

f.

Precision.

g.

Timing and measuring.

(8)

Garment manufacturing.

(9)

Instruments:

a.

Electronic.

b.

Medical and dental tools.

(10)

Machinery and shop; no punch presses over 20 tons or drop hammers:

a.

Blacksmith shops.

b.

Cabinet or carpenter shops.

c.

Electric motor rebuilding.

d.

Machine shops.

e.

Sheet metal shops.

f.

Welding shops.

(11)

Manufacturing, compounding, assembly or treatment of articles or merchandise from previously prepared metals.

(12)

Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared materials:

a.

Canvas.

b.

Cellophane.

c.

Cloth.

d.

Cork.

e.

Felt.

f.

Fiber.

g.

Fur.

h.

Glass.

i.

Leather.

j.

Paper, no milling.

k.

Precious or semiprecious stones or metals.

l.

Plaster.

m.

Plastic.

n.

Shells.

o.

Textiles.

p.

Tobacco.

q.

Wood.

r.

Yarns.

(13)

Manufacturing and maintenance of electric or neon signs.

(14)

Novelties.

(15)

Office and related machinery:

a.

Audio machinery.

b.

Computers, electrical.

c.

Computers, manual.

d.

Visual machinery.

(16)

Petroleum bulk plants.

(17)

Pharmaceutics:

a.

Cosmetics.

b.

Drugs.

c.

Perfumes.

d.

Soap.

e.

Toiletries.

(18)

Planing mills.

(19)

Printing shops, lithographing, publishing.

(20)

Manufacturing, compounding, processing, packaging or treatment of such products as:

a.

Bakery goods.

b.

Candy.

c.

Cosmetics.

d.

Dairy products.

e.

Drugs.

f.

Food products, excluding fish and meat products, sauerkraut, wine, vinegar, yeast and the rendering of fats and oils, if connected with an adequate sewer system.

g.

Fruit and vegetables, packing and processing.

h.

Honey extraction plant.

i.

Perfume.

j.

Toiletries.

(21)

Retail lumber yard.

(22)

Rubber and metal stamps.

(23)

Shoes.

(24)

Stone monument works.

(25)

Storage yards:

a.

Contractors storage yard.

b.

Draying and freight.

c.

Feed and fuel yard.

d.

Machinery rental.

e.

Motion picture studio storage yard.

f.

Transit storage.

g.

Trucking yard terminal, except freight classifications.

(26)

Textiles.

(27)

Wholesaling and warehousing.

Sec. 90-774. - Other permitted uses.

The following uses shall be permitted in the M-L district, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-771:

(1)

Fabrication:

a.

Rubber; fabrication of products made from finished rubber.

b.

Assembly of small electrical and electronic equipment.

c.

Assembly of plastic items made from finished plastic.

(2)

Agricultural uses.

(3)

Communication equipment buildings.

(4)

Electric transmission substation.

(5)

Off-street parking.

(6)

Public utility service yards with incidental buildings.

(7)

Electrical distribution substation.

(8)

Temporary or permanent telephone booths.

(9)

Water pump stations.

(10)

Processing:

a.

Creameries.

b.

Laboratories.

c.

Blueprinting and photocopying.

d.

Laundries.

e.

Carpet and rug cleaning plants.

f.

Cleaning and dyeing plants.

g.

Tire retreading, recapping, rebuilding.

(Ord. No. 950, § 19, 5-16-96)

Sec. 90-775. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the M-L district subject to first obtaining a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-771:

(1)

Baled cotton storage.

(2)

Commercial uses that are incidental and directly related to and serving the personnel of the permitted industrial uses, providing that the director determines that the proposed use will not be incompatible with uses in the surrounding residential districts.

(3)

Concrete and cement products.

(4)

Cotton compress.

(5)

Drive-in theaters.

(6)

Meat packing and meat processing.

(7)

Microwave relay structure.

(8)

Mortuaries.

(9)

Poultry processing.

(10)

Punch presses over 20 tons.

(11)

Super service stations.

(12)

Used materials yards.

(13)

Wholesale lumber yards.

(Ord. No. 950, § 20, 5-16-96)

Sec. 90-776. - Property development standards—Lot area; lot dimensions; population density; building height; yards.

The following property development standards for lot area, lot dimensions, population density, building height and yards, together with the property development standards in the general conditions, section 90881 et seq., shall apply to all land and structures in the M-L district:

(1)

Lot area. No requirements.

(2)

Lot dimensions. Each dimension is minimum only.

a.

Width. Each lot shall have a minimum width of 75 feet.

b.

Depth. Each lot shall have a minimum depth of 120 feet.

(3)

Population density. None; however, for existing residential uses the provisions of subsection 90-881(3) shall apply.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than 125 feet.

b.

Exceptions: Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, church steeples, roof signs, signs, flagpoles, chimneys, smokestacks, silos, water tanks, wireless masts, or similar structures, when approved by the commission, may be erected above the height limits prescribed in subsection (4)a. of this section; provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structure or any space above the height limits shall be allowed to provide additional floor space.

(5)

Yards.

a.

Front. None, except as provided below:

1.

On any street or highway that is a boundary between an M-L district and any residential district there shall be a front yard of not less than 15 feet. This yard shall not be used for parking or loading.

2.

When the side lot line of a lot in an M-L district adjoins any residential district there shall be a front yard of not less than 15 feet. This yard shall not be used for parking or loading.

b.

Side. None, except as provided below:

1.

On any street or highway that is a boundary between an M-L district and any residential district there shall be a side yard of not less than 15 feet. This yard shall not be used for parking or loading.

2.

When the side lot line of a lot in an M-L district adjoins any residential district there shall be a side yard of not less than 15 feet. The side yard may be used for parking and storage provided no material stored therein exceeds a height of six feet.

3.

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

4.

When the rear lot line of a reversed corner lot in an M-L district adjoins any residential district, there shall be a side yard abutting the street not less than 15 feet in width. This yard shall not be used for parking or loading.

c.

Rear. None, except as provided below:

1.

On any street or highway that is a boundary between an M-L district and any residential district there shall be a rear yard of not less than 15 feet. This yard shall not be used for parking or loading.

2.

When the rear lot line of a lot in an M-L district adjoins any residential district there shall be a rear yard of not less than 15 feet. The rear yard may be used for parking and storage provided no material stored therein exceeds a height of six feet.

(Ord. No. 1131, 2-16-12)

Sec. 90-777. - Same—Space between buildings; lot coverage; fences, hedges and walls; off-street parking; access; outdoor advertising; loading spaces.

The following property development standards for space between buildings, lot coverage, fences, hedges and walls, off-street parking, access, outdoor advertising and loading spaces, together with the property

development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the M-L district:

(1)

Space between buildings. No requirements.

(2)

Lot coverage. No requirements.

(3)

Fences, hedges and walls. This section is intended to provide regulations for the height and location of fences, hedges and walls for the purpose of providing for light, air and privacy, and safeguarding the public welfare by preventing visual obstructions at street and highway intersections.

a.

Required fences and walls. A six-foot high solid masonry wall shall be erected along the property line of an M-L lot which is a district boundary between an M-L district and any residential district.

1.

Where the district boundary is an interior side lot line, the required wall shall be reduced in height to three feet within the front yard setback area.

2.

On a corner lot when the district boundary is an interior rear lot line, the required wall shall be reduced in height to three feet within ten feet of the street property line.

3.

On a reversed corner lot where the district boundary line is an interior rear lot line, the required wall shall be reduced in height to three feet within 15 feet of the street property line.

b.

Permitted fences, hedges and walls. No requirement except:

1.

Fences, hedges and walls shall not exceed six feet in height in any required interior side or rear yard. Provided, however, that a greater fence height up to a maximum of eight feet may be allowed subject to the approval of a director review permit. Fence heights greater than eight feet shall require the approval of a conditional use permit.

2.

Fences, hedges and walls shall not exceed three feet in height in any required street front, side or rear yard. Provided, however, that a greater fence height up to a maximum of eight feet may be allowed subject to the approval of a director review permit. Fence heights greater than eight feet shall require the approval of a conditional use permit.

c.

All fences and walls shall be developed subject to the general conditions in section 90-883.

(4)

Off-street parking.

a.

For uses listed in section 90-772, the provisions of subsection 90-655(2) shall apply.

b.

For all other uses there shall be one off-street parking space for each one employee on the shift with the greatest number of employees plus ½ parking space per employee on the previous or next shift, whichever shift has the next greatest number of employees. Such parking area shall be located within 300 feet of the property served. In addition, there shall be at least one parking space for each truck operated by the concern.

c.

The provisions of the general conditions, subsections 90-884(1) and (3), shall apply.

(5)

Access.

a.

There shall be vehicular access from a dedicated and improved street or alley to off-street parking and loading facilities on the property requiring off-street parking and loading. The design of the access shall be approved by the director of public works.

b.

The director shall specify the location and number of ingress and egress points by conditions established at the time of review of required site plan.

(6)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(7)

Loading spaces. The provisions of section 90-892 shall apply.

(Ord. No. 909, § 7, 4-21-94; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 1154, § 1, 1-15-15)

Before any building or structure is erected, or any existing building or structure is enlarged, on any lot in this district, a site plan review shall have been approved pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 918, § 11, 9-1-94; Ord. No. 948, § 6, 4-4-96)

Before any temporary use (limited to 60 days duration or less) is established or any existing use is converted (for 60 days duration or less) to a different permitted use on any lot in this district, a director's review permit shall have been issued pursuant to the provisions of sections 90-1018 and 90-1019.

(Ord. No. 918, § 12, 9-1-94)

Secs. 90-780—90-810. - Reserved.

ARTICLE XXII. - M-H HEAVY INDUSTRIAL DISTRICT

Sec. 90-811. - Purpose.

The M-H heavy industrial district is intended to provide for the establishment of industrial uses essential to the development of a balanced economic base.

Sec. 90-812. - Uses permitted.

The following uses shall be permitted in the M-H district, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-811:

(1)

All uses permitted in the M-L district, sections 90-772 through 90-774, shall apply.

(2)

Murals subject to the approval of a mural permit pursuant to section 90-891(9).

(Ord. No. 970, § 14, 7-17-97; Ord. No. 1168, § 13, 2-18-16)

Sec. 90-813. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the M-H district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-811:

(1)

All uses permitted subject to conditional use permit in the M-L district, section 90-775 except for drive-in theaters and mortuaries shall apply.

(2)

Acetylene gas manufacture or storage.

(3)

Acid manufacture.

(4)

Aircraft factory.

(5)

Alcohol distillation, including wineries and breweries.

(6)

Aluminum foundry.

(7)

Ammonia bleaching powder or chlorine manufacture.

(8)

Animal and poultry slaughtering or packing.

(9)

Asphaltic and asphaltic concrete, mixing or batching plants.

(10)

Automobile wrecking, junk, rag or scrap iron storage or baling.

(11)

Blast furnace or coke oven.

(12)

Bone, coal or wood distillation.

(13)

Brick or tile products manufacture.

(14)

Cement, lime, gypsum, potash or plaster of paris manufacture.

(15)

Cinder and cinder block manufacturing.

(16)

Clay and clay products manufacturing.

(17)

Cotton ginning or oil milling.

(18)

Drop forge industries manufacturing forgings with power hammers.

(19)

Dumping refuse.

(20)

Explosives manufacturing or storage.

(21)

Fat rendering, tallow, grease or lard manufacture or refining.

(22)

Fertilizer, inorganic; the compounding of dried inorganic materials.

(23)

Fish smoking, curing or canning.

(24)

Fungicides manufacturing or processing.

(25)

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

(26)

Glass blowing, industrial, and glass bottle production.

(27)

Glass manufacturing.

(28)

Glue manufacturing.

(29)

Grain milling and sacking.

(30)

Insecticides manufacturing, flammable type.

(31)

Iron, steel, brass, or copper foundry or fabrication plant, including roller mill or boiler works.

(32)

Lampblack manufacture, including stove or shoe polish manufacture.

(33)

Oilcloth or linoleum manufacture.

(34)

Oils and fats, vegetable, refining.

(35)

Olive oil plant or olive processing plant.

(36)

Ore reduction, including refining and smelting of metals.

(37)

Organic fertilizer, bulk sales and storage.

(38)

Organic fertilizer manufacturing.

(39)

Paint, pigments, enamels, japans, lacquers, putty, thinner, varnishes, whiting, wood fillers, and stains manufacturing.

(40)

Petroleum refining or petroleum product manufacture or storage, including gas and asphalt.

(41)

Plastic manufacture.

(42)

Railroad repair shops.

(43)

Ready-mix concrete.

(44)

Rubber or gutta-percha manufacture.

(45)

Salt works.

(46)

Sandblasting.

(47)

Sawmills.

(48)

Soap manufacturing.

(49)

Soda and compound manufacturing.

(50)

Stock feed lots and stockyards.

(51)

Syrup and grape sugar manufacture.

(52)

Tanning, curing, or storing of rawhides or skins.

(53)

Wool pulling or scouring.

(54)

Yeast manufacturing.

(55)

Other uses which by written decision are determined by the commission to be more obnoxious or detrimental to the public welfare by reason of the emission of odor, dust, smoke, gas, noise, vibration, or other causes.

(Ord. No. 970, § 15, 7-17-97)

The following property development standards, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the M-H district: The property development standards of the M-L district, sections 90-776 and 90-777, shall apply.

Sec. 90-815. - Site plan review.

Before any building or structure is erected, or any existing building or structure is enlarged, on any lot in this district, a site plan review shall have been approved pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 918, § 13, 9-1-94; Ord. No. 948, § 7, 4-4-96)

Before any temporary use (limited to 60 days duration or less) is established or any existing use is converted (for 60 days duration or less) to a different permitted use on any lot in this district, a director's review permit shall have been issued pursuant to the provisions of sections 90-1018 and 90-1019.

(Ord. No. 918, § 14, 9-1-94)

Secs. 90-817—90-850. - Reserved.

ARTICLE XXIII. - GENERAL CONDITIONS APPLIED TO ZONE DISTRICTS DIVISION 1. - GENERALLY

The following general conditions, where applicable, shall apply in all districts given in divisions 1 through 4 of this article.

Sec. 90-852. - Uses permitted and permitted subject to first securing a conditional use permit.

(a)

Buildings, structures and land shall be used, designed, erected, structurally altered or enlarged only for the purposes listed as permitted or permitted subject to first securing a conditional use permit in the district in which such building or land is located, and then only after applying for and securing all permits and licenses required by law and this Code.

(b)

Any use already established within an area when it was first zoned but which is not a permitted use within such district or is a permitted use only with a conditional use permit, and the use permit has not been

granted, shall be allowed to continue therein as a nonconforming use subject to all conditions and restrictions relating to nonconforming uses as provided in section 90-921 et seq. and subject to the conditions under which the use was originally established.

Secs. 90-853—90-880. - Reserved.

DIVISION 2. - PROPERTY DEVELOPMENT STANDARDS

Sec. 90-881. - Lot area; lot dimensions; population density; building height.

The following property development standards for lot area, lot dimensions, population density and building height shall apply to all land, buildings, and structures in all districts:

(1)

Lot area. Except as hereinafter provided, no building or structure shall be erected, located or enlarged on a lot unless such building, structure or enlargement conforms with the area regulations of the district in which it is located.

a.

No required yard or other required open space around a building may be considered as providing a yard or open space for any other building; nor may any required yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.

b.

Where the area of a lot is less than that prescribed for the zone district in which it is located, and the lot had been lawfully created prior to the time that the lot was zoned whereby it became nonconforming, the lot may be used, subject to compliance with all other requirements of the district.

(2)

Lot dimensions:

a.

Every lot shall have a minimum width and depth not less than that prescribed in the regulations governing the zone district in which it is located.

b.

Where a lot has a minimum width or depth less than that prescribed by this chapter, and the lot had been lawfully created prior to the time that the lot was zoned whereby it became nonconforming, the lot may be used subject to compliance with all other requirements of the zone district.

(3)

Population density. The population density regulations as set forth in the districts shall apply.

(4)

Building height. All buildings and structures shall comply with the height regulations and exceptions of the zone district in which they are located.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91)

The following property development standards for yards, space between buildings and lot coverage shall apply to all land, buildings and structures in all districts:

(1)

Yards:

a.

A front yard or a side yard adjoining a street shall be measured by the perpendicular distance between the street and a line through the corner or face of the building closest to and drawn parallel with the street, excluding any architectural features.

b.

The yard requirements of the zone district in which the property is located shall apply.

c.

Rear yards on residential lots may be less than the required setback, provided that a site plan authorizing such reduction is approved. The site plan authorizing such reduction may be approved only upon a finding that the reduction will not be materially detrimental to the public welfare or injurious to property and improvements in the area, and will not be contrary to the objectives of this chapter. Space equal to the reduction shall be provided elsewhere on the lot, exclusive of required yard areas. Such replacement space shall be so located that it is suitable for general use by the occupant of the premises. In no case shall the rear yard be reduced to less than the required side yard.

(2)

Space between buildings. All buildings shall comply with the space between building requirements of the district in which they are located.

(3)

Lot coverage. All buildings shall comply with the maximum building coverage requirements of the district in which they are located.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91)

The following property development standards for fences, hedges and walls shall apply to all land, buildings and structures in all districts:

(1)

Nothing in this section shall be construed to affect the requirements established for security fencing by local, state or federal law, or by safety requirements of the Sanger Unified School District. The regulations as set forth in each district shall apply, and the following shall be in addition to those regulations.

(2)

A fence or wall shall be required along the perimeter of all areas dangerous to the public health and safety.

(3)

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

a.

There shall be a corner cut-off area at all intersecting streets or highways. The cut-off line shall be in a horizontal plane, making an angle of 45 degrees, with the side, front or rear property line, as the case may be. It shall pass through the points located on both the side and front or rear property lines at a distance of 30 feet from the intersection of such lines or their projections at the corner.

b.

There shall be a corner cut-off area on each side of any private driveway intersecting a street or alley. The cut-off lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edges of the driveway where it intersects the street or alley right-of-way.

c.

There shall be a corner cut-off area on each side of any alley intersecting a street or alley. The cut-off lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edges of the alley where it intersects the street or alley right-of-way.

d.

Where, due to an irregular lot shape, a line at a 45-degree angle does not provide for intersection visibility, the corner cut-off shall be defined by a line drawn from a point on the front or rear property line that is not less than 30 feet from the intersection of the side and front or rear property lines and through a point on the side property line that is not less than 30 feet from the intersection of the side and front or rear property lines.

(4)

Permanent trash enclosures and/or areas of container storage out of public view shall be required and reviewed for specific requirements for all multiple-family developments of three units or greater and all

commercial and industrial uses.

(5)

The use of any barbed, concertina or razor wire is generally prohibited. However, for security purposes the use of these products within commercial and industrial zones may be considered on a case-by-case basis pursuant to the site plan review provisions contained in section 90-1009. Permission to use any of these products shall not run with the land, and shall be subject to additional review upon the change of use, sale, rental, or any other change of occupancy or operations. If not subject to site plan review, then a director's review permit shall be required for review of any barbed, concertina, or razor wire fencing that is proposed. The following minimum standards for barbed, concertina, or razor wire shall be required during the review:

a.

Barbed, concertina, or razor wire may not extend over the property line;

b.

The barbed, concertina, or razor wire shall not exceed two feet in height;

c.

All barbed, concertina, or razor wire shall be located a minimum of six feet above the ground level when measured from both sides of the fence.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91; Ord. No. 950, § 21, 5-16-96; Ord. No. 1056, § 1, 10-21-04; Ord. No. 1141, § 1, 7-18-13, ef. 8-18-13)

Sec. 90-884. - Off-street parking in all districts.

The following standards for providing off-street parking in all districts shall apply at the time of the erection of any main building or when off-street parking is established. These standards shall also be complied with when an existing building is altered or enlarged by the addition of dwelling units or guest rooms, or where the use is intensified by the addition of floor space, seating capacity, seats or changed to a use requiring greater parking.

(1)

Off-street automobile parking spaces maintained in connection with any existing main building or structure shall be maintained so long as the main building or structure remains, unless an equivalent number of substitute spaces are provided and thereafter maintained in conformity with the requirements of this section; provided, however, that this regulation shall not require the maintenance of more automobile parking spaces than are required herein for a new building or structure, nor the maintenance of such spaces for any type of main building or structure other than those specified herein.

(2)

No parking area or space provided in compliance with this chapter shall be relinquished, reduced or altered below the requirements established herein, unless equivalent parking facilities are provided elsewhere, the

location of which is approved by the commission, following the procedures set forth in sections 90-991 through 90-993.

(3)

Where automobile parking spaces were provided and maintained on a lot in connection with a main building or structure prior to August 2, 1983, and such spaces are insufficient to meet the requirements for the use with which they are associated, or where no parking has been provided, then the building or structure may be altered or enlarged, or such use may be expanded, only if additional automobile parking spaces are provided for the enlargement, expansion or addition, in compliance with the standards for such proposed use, as set forth in this chapter; provided, however, that in cases where a change in use creates a need for an increase of two or less off-street parking spaces, no additional parking spaces shall be required. No existing parking may be counted as meeting this requirement unless it exceeds the requirement for the original structure, and then only the excess portion may be counted.

(4)

All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall, in all residential districts, be stored in an entirely enclosed building.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91; Ord. No. 950, § 22, 5-16-96)

Sec. 90-885. - Residential requirements for off-street parking.

The following property development standards for residential off-street parking shall apply to all land, buildings and structures in all districts:

(1)

General. The parking spaces required for residential uses shall be located on the same lot as the main building which they are intended to serve, and shall be located to the rear of the required front yard. They shall be maintained in a usable condition and shall not interfere with access to the property.

(2)

Residential dwellings. There shall be at least two parking spaces for single-family dwelling units other than mobile homes located in the T-P district per the requirements of section 90-505. For all other types of residential uses, the following minimum number of parking spaces shall be provided for each of the following units:

a.

Studios and one-bedroom unit: 1.0 parking space;

b.

Two-bedroom unit: 1.5 parking spaces; and

c.

Three-bedroom units or greater: 2.0 parking spaces.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91; Ord. No. 908, § 1, 4-21-94; Ord. No. 2025-04, § 4(Exh. A, § 14), 5-15-25)

For buildings or structures other than dwellings and for uses involving large concentrations of people, parking areas or spaces shall, unless otherwise provided by this chapter, be on the same lot with the main building, or on lots immediately contiguous thereto in the same district therewith and available for use by the occupants in the following ratios. Combinations of facilities shall provide the area or number of spaces required for each facility, and the area or spaces provided for one facility shall not be construed as satisfying the requirements for another facility, provided that, if there is a general parking area or parking space requirement in the particular zoning district relating to the floor area of buildings therein, and the commission determines that all of the spaces, areas, and buildings are constructed or will be constructed pursuant to an integrated site plan, the commission may, consistent with the purposes and intent of this chapter and following the procedure set forth in sections 90-981 through 90-993, determine whether the general requirements of the district or the specific requirements hereinafter enumerated shall apply.

(1)

For bowling alleys and similar establishments, there shall be at least five parking spaces for each alley and two spaces for each billiard table contained therein.

(2)

For churches, stadia, theaters, libraries, auditoriums, museums, meeting halls, gymnasiums, and similar places of assembly, there shall be at least one parking space for each five permanent seats or one parking space for every 40 square feet of area within the main auditorium, meeting hall, or room, whichever provides the greater number of spaces. In cases of a use without a building, there shall be one parking space for each five persons normally attending or using the facilities, plus one parking space for every two non-temporary employees.

(3)

For convalescent homes, homes for the aged, nursing homes, and children's homes, there shall be at least one parking space for each 2½ beds or fraction thereof.

(4)

For dance halls, skating rinks, natatoriums, and similar establishments, there shall be at least one parking space provided for each 100 square feet of gross floor area.

(5)

For establishments for the sale and consumption on the premises of food and/or beverages:

a.

Having less than 1,000 square feet of gross floor area, there shall be at least one parking space for each 200 square feet.

b.

Having less than 4,000 square feet of gross floor area, there shall be at least one parking space for each 100 square feet.

c.

Having 4,000 square feet or more of gross floor area, there shall be at least 40 parking spaces plus one for each 50 square feet in excess of 4,000 square feet.

(6)

For hospitals, sanitariums, and asylums, there shall be at least one parking space for every two beds or one space for every 1,000 square feet of gross floor area, whichever provides the greater number, plus one space for every three employees.

(7)

For hotels, tourist courts and motels, there shall be at least one parking space for every individual sleeping room or unit.

(8)

For machinery sales and wholesale stores, there shall be at least one parking space for each 800 square feet of gross floor area.

(9)

For medical offices, there shall be at least four parking spaces for each doctor, plus one space for each employee.

(10)

For motor vehicle sales and automotive repair shops, there shall be at least one parking space for each 400 square feet of gross floor area.

(11)

For mortuaries, funeral homes, and similar establishments, there shall be at least one parking space for each 20 square feet of floor area of assembly rooms, plus one space for each employee, and one space for each car owned by such establishment.

(12)

For park and recreational uses, there shall be at least one parking space for each 5,000 square feet of active recreational area.

(13)

For public utility facilities such as communications equipment buildings, electrical substations, and the like, the following standards shall apply:

a.

For facilities open to the public, there shall be at least six parking spaces per 1,000 square feet of floor area of gross floor area or fraction thereof, the parking area to be within 300 feet of the property served.

b.

For facilities not open to the public, there shall be at least one parking space for each two employees. This shall apply to the maximum number of employees on duty at any one time.

c.

For facilities wherein there are areas open and not open to the public, the parking ratios in subsections (13)a and (13)b of this section shall be used as a basis for determining the respective amount of parking areas to be provided.

(14)

For rooming houses, lodging houses, clubs, and fraternity and sorority houses, there shall be at least one parking space for each person which the building was or is designed or intended to house as a sleeping guest or member or employee.

(15)

For schools, the following standards shall apply. (When relative to public schools, these standards are advisory only):

a.

Elementary and junior high. There shall be at least one parking space for each member of the faculty and each employee.

b.

High school. There shall be at least one parking space for each member of the faculty and each employee, plus one space for each eight students regularly enrolled.

c.

Junior colleges, colleges and universities. There shall be at least one parking space for each two members of the faculty and employees, plus one space for each two (full-time or equivalent) regularly enrolled students.

d.

Schools having auditoriums or places of assembly. The provisions of subsection (2) of this section shall apply, if such application will provide a greater number of spaces than subsections (5)a, (5)b or (5)c of this

section. The required parking spaces shall be within the school property or on a parking lot contiguous thereto.

e.

Day nurseries, nursery schools and child care nurseries. There shall be at least one parking space for each member of the faculty, each employee, and the owner.

(16)

For shopping centers, there shall be at least one parking space per 200 square feet of gross leasable area. "Shopping center," as used in this subsection, shall mean two or more architecturally unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit and which has a total gross leasable area for all commercial establishments within the center of 30,000 square feet or more.

(17)

For small animal veterinary hospitals and clinics, there shall be at least four parking spaces for each doctor, plus one space per each additional employee.

(18)

For transportation facilities, including airports, railroad passenger stations, bus depots or other passenger terminal facilities, there shall be provided such parking spaces at such locations as the commission, following the procedures set forth in sections 90-991 through 90-993, shall deem to be adequate for employees, for the loading and unloading of passengers, and for spectators, visitors and others.

(19)

For emergency shelters, shall follow the provisions of section 90-899(c), and there shall be at least one parking space for each employee on duty, provided that standards do not require more parking than other residential or commercial uses within the same zone.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91; Ord. No. 909, § 8, 4-21-94; Ord. No. 2025-04, § 4(Exh. A, § 14), 5-15-25)

Sec. 90-887. - Treatment of off-street parking areas.

Areas used for the parking or loading of motor vehicles or motor vehicle sales, not including single-family residential districts, shall be improved and maintained as follows:

(1)

All areas shall be graded, paved and drained; and parking stalls, lanes and directional guides shall be marked in accordance with the city's standard specifications and drawings.

(2)

Where such areas adjoin a residential district, it shall be separated therefrom by a solid masonry wall not less than six feet in height, provided the wall shall not exceed three feet in height where it adjoins the front yard area of an abutting residential district. In cases where the required wall will separate such parking area from an existing abutting parking facility, the required wall may be waived by the commission. Where no wall is required along a boundary of an area covered by this section, a concrete curb or timber barrier not less than six inches in height shall be securely installed and maintained as a safeguard to the abutting property or public right-of-way. The barrier shall be at least three feet from the property line of the subject property.

(3)

Where such areas adjoin a residential district, there shall be a border of appropriate landscaping not less than ten feet in depth along the residential street frontage to protect the character of the adjoining residential property. Such landscaping shall be maintained.

(4)

Lighting where provided to illuminate such parking, sales or display areas shall be hooded and so arranged and controlled so as not to cause a nuisance either to street or highway traffic or to surrounding properties.

(5)

No required parking space shall be so located as to require the moving of any vehicle on the premises in order to enter or leave any other stall unless an attendant is present at all times during the use of the facility.

(6)

Automobile parking shall be so arranged as not to require the backing out of motor vehicles from a parking space, garage, or other structure onto a street in or abutting any commercial or industrial district or in a multifamily district developed with four or more dwelling units.

(7)

Garages or carports shall be located not less than 20 feet from any street frontage where the garage door or carport opening faces the street. Where yard requirements pose a greater setback, such setback shall apply.

(8)

No commercial repair work or servicing of vehicles shall be conducted on a parking area.

(9)

Where automobile parking spaces are to be grouped as a common facility, the arrangement of parking spaces, aisles and access drives shall comply with the adopted design standards of the city as presented in the adopted standard specifications and drawings.

(10)

All parking areas shall be placed in a location with relation to the parking generator as to provide for the efficient use of the parking facility. On-site parking areas shall have ready vehicular access. The location of off-site parking areas shall be noted by appropriate signs located both at the parking generator and at the parking facility.

(11)

Access to individual parking spaces on a lot or portion of a lot designated for parking shall be from said lot or portion of a lot or from a public alley.

(12)

In no case shall parking spaces be so arranged that ingress or egress from a parking space requires backing into a public or private pedestrian accessway.

(13)

Off-street parking requirements for electric vehicle charging stations shall comply with section 90-901 of the Sanger City Code.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91; Ord. No. 909, § 9, 4-21-94; Ord. No. 2024-02, § 2, 4-4-24)

Sec. 90-888. - Additional off-street parking requirements.

The following additional off-street parking requirements shall apply to all land, buildings and structures in all districts:

(1)

Agreements regarding maintenance of off-site parking spaces. When required parking is to be provided off the lot on which the structure or uses, or some portion thereof, is located, the owner or lessee of the development or use site shall furnish satisfactory evidence to the city that he owns or has available sufficient property to provide the required minimum off-street parking. Whether parking is to be provided on property owned by the applicant or is in another ownership, there shall have been recorded in the office of the county recorder, prior to issuance of any building permit, a covenant executed by the owners of such property for the benefit of the city, in a form approved by the city attorney, to the effect that such parking space will continue to be maintained so long as the structure, improvement, or use which it serves continues to exist. Such covenant shall also recite that the title to and right to use the lots upon which the parking space is to be provided will be subservient to the title to the premises upon which the structure is to be erected or the use maintained, and shall warrant that such lots are not and will not be made subject to any other covenant or contract for such use without the prior written consent of the city. If the owners of such structure should thereafter provide parking space equal in area within the distance allowed by this chapter and under the same conditions as to ownership upon another lot than the premises made subservient in a prior such covenant, the city will, upon written application therefor accompanied by the filing of a similar covenant, release such original subservient premises from such prior covenant, and the owners shall furnish at their own expense such title reports or other evidence as the city may require to ensure compliance with the provisions of this section.

(2)

No additional off-street parking facilities shall be required solely because of the remodeling of an existing use or building, unless there is a change in use or increase in floor area or other unit of measurement as the result of such remodeling for which additional facilities are required. See also subsection 90-884(3).

(3)

In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately, provided that in the case of a shopping center, the requirements of subsection 90-886(16) shall apply. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as herein specified for joint use.

(4)

The planning commission may authorize the joint use of parking facilities as follows:

a.

One hundred percent of the parking facilities required by this article for a primarily daytime use may be provided by the parking facilities of a primarily nighttime use. One hundred percent of the parking facilities required by this article for a primarily nighttime use may be provided by the parking facilities of a primarily daytime use, provided that such parking area shall meet the conditions set forth in subsection (4)b of this section.

b.

The following are conditions required for joint use:

1.

The building or use to utilize the off-street parking facilities provided by another building or use shall be located within 200 feet of such parking facility.

2.

The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.

3.

If the building, structure or improvement requiring parking space is in one ownership and the required parking space provided in another ownership, partially or wholly, there shall be recorded in the office of the county recorder of a covenant by such owners for the benefit of the city, in a form approved by the city, that such parking space will continue to be maintained so long as the building, structure or improvement is maintained. The covenant herein required shall stipulate that the title to and right to use the parcel or parcels upon which the parking space is to be provided will be subservient to the title to the premises upon which the building is to be erected and that the parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the city.

(5)

None of the provisions of this chapter which require off-street parking and off-street loading spaces in connection with the use of property for commercial or industrial purposes shall apply to any parcel of property located in any vehicle parking district existing under the provisions of any parking district act approved by the city council, where parking and loading facilities provided by such district are determined by the city council to be adequate to serve the district.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91; Ord. No. 970, § 16, 7-17-97)

The following property development standards for parking spaces shall apply to all land, buildings and structures in all districts. A parking space shall have a minimum width of nine feet and a minimum length of 18 feet, exclusive of aisles and access drives, except as follows:

(1)

Parallel parking spaces shall have a minimum width of 8½ feet and a minimum length of 22 feet.

(2)

Parking spaces for compact automobiles will be permitted for all commercial, quasi-public, industrial, professional and administrative office uses providing that each parking space is not less than 15 feet in length and 7½ feet in width, exclusive of aisles and access drives. The number of compact parking spaces shall not exceed 20 percent of the total required parking space of the establishment. All compact parking shall be approved by the commission.

(3)

Parking space for physically handicapped persons shall be provided at all commercial, quasi-public, industrial, professional and administrative office uses. Each such parking space shall be not less than 18 feet in length and 12 feet in width, exclusive of aisles and access drives. Each such parking space shall be so identified by standard markings. Not less than one parking space for physically handicapped persons shall be located as near as possible to the public entrance of the establishment, as approved by the commission for each 25 on-site parking spaces. Such spaces shall conform with all statutory requirements.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91; Ord. No. 909, § 10, 4-21-94)

Vehicular and pedestrian access shall be provided according to the regulations pertaining to each district.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91) Sec. 90-891. - Outdoor advertising (signs).

(1)

Purpose and intent. The purpose of this section is to establish guidelines and procedures for signage in the city, including the type, size, location and construction standards of signs by zone district. Signs have an obvious impact on the character, quality and economic health of the city. As a prominent part of the visual environment, suitability or appropriateness of signs helps to set the tone of the community.

It is the intent of these provisions to emphasize the importance of business activity to the economic vitality of the city, help improve the ability of business owners and operators to identify their businesses to the community in order to enhance the furtherance of commerce, foster varied and interesting places of trade, and promote public safety by making business signage visible to the passing public.

The objectives of this section include the following:

a.

To reinforce that signage should serve primarily to identify the general nature of an establishment or to direct attention to a project, activity, place, person, organization, or enterprise.

b.

As identification devices, signs must not subject the citizens of the city to excessive competition for their visual attention. As appropriate identification devices, signs must harmonize with the building, the neighborhood, and other signs in the surrounding area.

c.

The City of Sanger intends to encourage the installation of signs that improve the appearance of buildings, property and the neighborhood and to enhance the economic effectiveness of signs.

d.

The provisions in this section provide standards and guidelines to safeguard life, health, property, and public welfare in keeping with the character of the City of Sanger by regulating the size, height, structural design, quality of materials, construction location, electrification, illumination and maintenance of all types of signs and sign structures.

e.

The provisions in this section present criteria to assure that signs conform to the above intentions of suitability and safety.

(2)

Definitions. As used in this chapter, the following items are defined in this section.

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

"Animated sign" means a sign with action or motion, whether by flashing lights, color changes, wind, rotation, movement of any parts of the sign or letters or parts of the sign structure, or other motion.

"Banner" means any cloth, bunting, plastic, paper, or similar material attached to, or appended on or from any structure, staff, pole, line, or framing upon which there is an advertising message.

"Changeable copy sign" means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" sign and not a changeable copy sign for purposes of this chapter.

"Canopy/awning sign" means a sign that is constructed in or on, attached to the face of, or suspended below a canopy or cantilevered covered walkway or arcade, whether parallel to or at right angles to the face of the building.

"Directional sign" means signs giving only information and direction to the viewer and containing no advertising message.

"Externally illuminated sign" means a sign, which has light cast on its surface from an artificial exterior source installed for the purpose of illuminating the sign;

"Freestanding sign" means a sign, which is supported by one or more columns, uprights, or braces in or upon the ground.

"Freeway/expressway-oriented sign" means for the purposes of this chapter, any sign that is designed to be visible from at least one direction along State Highway 180.

"Frontage occupancy" means a single lineal dimension measured horizontally along the front of a building which defines the limits of a particular occupancy at that location and which has direct pedestrian access through an exterior wall, which is visible from the public right-of-way.

"Height of sign" means the vertical distance from the uppermost point used in measuring the area of a sign to ground level of the foundation of the sign.

Exhibit 1: Selected Sign Definitions

==> picture [405 x 338] intentionally omitted <==

"Internally illuminated sign" means any sign whose illumination originates from within the structure of the sign and the source of which is not visible from the exterior of the sign.

"Master sign program" means a coordinated signage criteria for a retail shopping center, office or industrial park/complex consisting of three or more individual tenants, including any other large-scale developments of four acres or more, automotive dealerships and buildings over two stories in height.

"Off-premises signs and billboards" means any sign not located on the same lot or project site as the use, product, or service it advertises.

"Open air use" means a use (such as vehicle sales) where merchandise or products are displayed or dispensed in the usual course of business from an open lot and not within an enclosed structure.

"Roof line" means the highest point of a parapet wall or the main roof structure or a highest point of a parapet wall other than such architectural features as cupolas, pylons, projections or minor raised portions of the roof.

"Pedestrian access" means a doorway, which has been designed for the primary use of the patrons or customers of that commercial use.

"Pedestrian oriented sign" means a sign, which is specifically located and designed to be viewed from a pedestrian right-of-way.

"Pennant" means series of lightweight plastic, fabric, or other materials, suspended from a rope, wire, or string designed to move in the wind. Pennants shall not include banners as defined in this chapter or individual flags mounted on a single pole.

"Political sign" means a sign advertising a candidate for political office, a political party or a measure scheduled for an election.

"Portable sign" means a sign which is capable of being carried or moved by manual or mechanical means from one location to another and which is not affixed to the ground, a structure, or a vehicle. Portable signs also include blimps and balloons, which may or may not contain an advertising message.

"Projecting sign" shall mean a sign that projects perpendicular from and supported by a wall or a façade of a building, and are also referred to as marquee signs.

"Reader board" or "electronic message board" means a type of changeable copy sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, including but not limited to church, school, and commercial signs

"Roof sign" means a sign erected upon or above a roof or parapet of a building.

"Sandwich board sign" means a portable sign with advertising messages mounted on two surfaces with two edges connected and the other two edges spread so that the two faces read from different directions;

"Setback area" means the open space area defined in the Sanger Municipal Code in section 90-7 under the term yard, and where applicable, includes the definitions of yard, rear; yard, front; and yard, side; as defined in said title.

"Shopping center" means a group of two or more commercial uses planned and designed to function as an integral unit on a single parcel or contiguous parcels and which utilize common off-street parking and access, landscaping, loading facilities and points of ingress and egress.

"Sign" means any words or symbols used for visual communication including its structure and component parts intended to be used to attract attention to an activity.

"Sign area" means the geometric area of a sign including all elements such as board or frames, perforated or a solid background, ornamental embellishments, arrows or other sign media (see Figure 2).

"Sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign face and/or its structure with the purpose of attracting attention to the subject matter.

"Sign face" means the panel surface of a sign, which carries the advertising or identification message.

"Sign structure" means any structure, which supports or is capable of supporting any sign. A sign structure may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign including the sign copy and all structural elements of the sign.

"Site" means the length of a site along the street or other principal public thoroughfare, but not including such a length along an alley, watercourse, railroad or freeway.

"Special events sign" means any sign advertising specific temporary events, such as carnivals, festivals, exhibits, and parades, but not including promotional sales or grand opening signs.

"Structural alteration" means any change to the sign structure.

"Subdivision" or "multiple housing entrance sign" means a sign identifying the name of a subdivision or multiple housing projects and consisting of letters or symbols attached to a wall or a fence or freestanding sign located within the boundaries of a recorded and developed subdivision or multiple housing projects.

"Temporary sign" means any banner, pennant, valance, balloon, streamer, placard, corrugated wire, "A" Frame, T-Frame or similar impermanent sign advertising device or display with or without letters, words, numbers or figures thereon, which directs, advertises or promotes a service or price, or which is otherwise designed to attract attention.

"Temporary subdivision sign" means a sign erected and maintained within the boundaries of a recorded subdivision and indicating the name of the subdivision, the name of the contractor and/or subdivider, the name of the owner and/or agent, and giving information regarding directions, price or terms concerning the sale or lease of parcels within the subdivision.

"Wall sign" means a sign attached to or erected against the wall or façade of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall or façade.

"Window sign" means and sign temporarily displayed on the inside of a window, or temporarily painted on a window, and facing a street, alley, highway, parking lot, walkway or sidewalk.

"Wind sign" means any display of streamers, pennants, whirligigs or similar devices made of flexible lightweight material, strung together or attached in such a manner as to move by wind pressure.

(3)

Applicability. All signs shall be erected, placed, established, painted, created, or maintained in the city, in conformance with the standards, guidelines, procedures, and other requirements of these provisions.

The regulations in this chapter are in addition to those set forth in the California Building Code, the California Electrical Code and the 1997 Uniform Sign Code, as adopted, and any amendments made thereto by the city, and the nuisance provisions in the Sanger City Code.

(4)

Standards by zone districts. Signs permitted by zone district are listed as follows:

1.

Residential Zone Districts (R-1-10, R-1-7.5, R-1-6, RM-2.5, RM-2.5(s), RM-1.5, RM-1.5(s), RM-1, and T-P). Unlighted signs and other commercial advertising shall be permitted in residential districts as provided by subsection 1. as follows:

a.

Name plates shall be permitted subject to the following conditions:

i.

Maximum size: Two square feet; up to four square feet for Bed & Breakfast establishments per section 90896

ii.

Content: Nameplates may display the following information:

• Name of the premises upon which it is displayed.

• Name of the owner or lessee of the premises.

• Address of the premises.

• Nature of a home occupation engaged in/on the premises.

iii.

Placement: Name plates shall be affixed flush to the subject building

b.

"For Rent" and "For Sale" signs.

c.

"Yard Sale" signs.

d.

For subdivisions, apartment complexes and mobile home parks, churches and other permitted institutional uses, no more than one sign shall be erected at any entrance to the development. Signs shall not exceed 35 square feet for all readable surfaces, nor exceed six feet in height.

e.

Recognized quasi-public/institutional uses such as schools and churches and philanthropic organizations may be permitted the display of two temporary banner signs, not exceeding an aggregate area of 100 square feet. Said signs may not be utilized for 90 days per calendar year and may not exceed 30 feet in height above the ground surface.

2.

Residential Zone Districts (U-R and R-A Districts). In addition to signage permitted under subsection 1. above, the following signage is permitted in the U-R and R-A zones

a.

Signs advertising products for sale: There may be permitted one non-flashing sign for each street frontage advertising products for sale upon the premises or services rendered thereon. The total area of such sign

shall not exceed 40 square feet. This type of sign may be mounted flush to a building wall, or may be a freestanding sign no more than five feet in height.

3.

Commercial and Industrial Zone Districts (C-P, C-1, C-2, C-3, C-4, C-M, M-L and M-H). The following signs are permitted for each business in commercial and industrial districts (see Exhibit 2 for graphic illustration of standards for various sign types). For multi-tenant shopping centers, office parks/complex and industrial parks containing three or more individual business uses, and large scale developments of four acres or more, automotive dealerships and buildings over two stories high, a coordinated master sign program shall be submitted for city planning review and approval.

a.

Wall signs.

i.

Maximum height: Not to exceed the top of the vertical wall surface on which the sign is mounted. Signs mounted on a pitched roof may not extend the peak of the ridge line of the roof.

ii.

Calculation of area: One square feet of sign area permitted for each foot of linear occupancy frontage, up to 150 square feet of sign area. All businesses shall be permitted a minimum of 25 square feet of sign area.

iii.

Maximum number per business: Up to three wall signs may be permitted; one sign on the wall with a public (customer) entrance, and one sign on each wall that faces a public street or is visible from the public street of the business frontage (other than a local residential street).

iv.

For Bed & Breakfast establishments the provisions of section 90-896 shall apply.

b.

Free-standing signs.

i.

Maximum height: Ten feet.

ii.

Maximum area: 35 square feet per sign face.

iii.

Sign design: Free-standing signs should be designed as a monument structure with a solid base extending the entire height of the sign, unless a different design is architecturally appropriate, as determined by city planning. Individual businesses that are listed on a freestanding sign for a multi-tenant site should be limited to primary tenants.

iv.

Number per site/parcel: One.

v.

Setbacks: A free standing sign shall be set back a minimum of three feet from the property line. Encroachment into a setback may be permitted where the location of existing improvements presents a functional hardship in compliance with the three-foot setback.

vi.

For Bed & Breakfast establishments the provisions of section 90-896 shall apply.

c.

Directional signs.

i.

Maximum height: Four feet.

ii.

Maximum area: Six square feet.

iii.

Number per site: One per driveway from a public street.

iv.

Location: Within five feet of a driveway that accesses the site from a public street. Placement of directional signs shall ensure the sight safety of vehicles entering/leaving a site is not compromised.

d.

Directory signs.

i.

Maximum area: 35 square feet.

ii.

Maximum height (if freestanding): Six feet.

iii.

Location: No directory sign which is a freestanding sign may locate closer than five feet to any neighboring property line or closer than three feet to any point of ingress/egress.

e.

Temporary signs (located on-site of the business).

1.

Grand opening banners (includes "coming soon", "now open" or "under new management"):

a.

Maximum height: Not to exceed roof line of nearest building or building affixed to but in no case shall any part of a banner be higher than 30 feet from the surface of the ground.

b.

Maximum area: Up to 25 percent of the area of the business storefront facing a street.

c.

Permitted time: May be displayed up to 90 days per business with a one time extension of 90 additional days.

d.

Number per business: Two, with one banner on building façade facing a street.

e.

All banners shall be of durable materials, such as canvas or vinyl. The use of butcher-type paper or other non-durable material is not permitted.

f.

Banners shall be maintained in a well kept, clean and legible condition at all times of display.

g.

"Coming Soon" banners may be displayed only after issuance of a city business license.

2.

Special event banners (for sales promotions, offerings or related announcements by an established business or restaurant):

a.

Maximum height: Not to exceed roof line or ridge of nearest building or building affixed to but in no case shall any part of a banner be higher than 30 feet from the surface of the ground.

b.

Maximum area: 100 square feet aggregate.

c.

Permitted time: A banner may be used to identify the business in lieu of a permanent sign for a period not to exceed one year from occupancy and operation of the business. Number per business: One banner sign per street frontage of the business is permitted.

d.

Banners shall be maintained in a well kept, clean and legible condition at all times of display.

e.

A business that enters into a written agreement with the city to not use banner signs or other temporary display advertising may be permitted a changeable message sign or electronic reader board to be incorporated into its free-standing sign, or as a building wall sign, provided that the overall sign area allowed for the business is not increased (see Exhibit 3).

3.

Portable A-Frame signs (limited to establishments located within the downtown C-3, Central Commercial Zone District):

a.

Maximum height and width: Three feet wide and four feet tall.

b.

Maximum area: 12 square feet.

c.

Number per site: One.

d.

Location: May be placed upon a public sidewalk with approved encroachment permit in front of the subject business, but must permit a minimum of four feet of passage area on the sidewalk.

e.

Permitted display time: Only during business hours.

f.

Signs shall be of a design quality that is attractive and constructed with durable materials, such a wood or plastic.

f.

Projecting signs.

i.

Maximum height and projection: Not to exceed roof line of wall or structure to which projecting sign is attached. (Note: Bottom of sign shall be a minimum of eight feet from ground to provide proper clearance.).

ii.

Calculation of area: One square foot of sign area for each lineal foot of building frontage of the business to which sign pertains.

iii.

Maximum area: 50 square feet.

iv.

Location: Projecting signs may extend over public rights-of-ways including public sidewalks not to exceed two-thirds of the distance from the building face to which the sign is attached to the curb face.

Exhibit 2: Commercial Sign Standards

==> picture [422 x 505] intentionally omitted <==

g.

Canopy/awning signs.

i.

Number of signs: Awning signs may be used instead of allowable wall signs on the same building façade.

ii.

Maximum area: The area of signage on each surface of a canopy or awning shall not exceed 25 percent of the area of the individual surface.

iii.

Location and colors: Awning signs shall be made of removable materials and may be located on one of the three exterior surfaces of a canopy.

iv:

Height: No less than eight feet above the sidewalk.

h.

Window signs.

Maximum area: Up to 25 percent of the area of each individual window may be covered with a window sign or graphic. Window signs shall not be used in lieu of a building wall sign or canopy/awning sign to identify a business.

i.

Alley-side signs.

Maximum area: Any business, which has a building facing a public alley, shall be permitted a minimum of 25 square feet of additional sign area at a ratio of one square foot of sign area for each four feet of building frontage facing the alley.

j.

Expressway/freeway signs (Hwy 180).

i.

Maximum height: 20 feet.

ii.

Maximum area: 100 square feet of sign copy per sign face.

iii.

Number of signs: One per parcel. Businesses on adjoining parcels are encouraged to cluster signs on one monument sign.

iv.

Location: Limited to parcels adjacent to the State Highway 180 expressway/freeway or to a frontage road that abuts the expressway/freeway right-of-way.

k.

"For Sale", "For Rent", or similar signs.

i.

Number/size: One sign shall be permitted per street frontage.

ii.

Maximum size: 32 square feet, per sign.

iii.

Height: Maximum of six feet.

l.

Pedestrian signs.

i.

Number: One pedestrian oriented sign that projects or hangs above a sidewalk on each side of a building with a public entrance.

ii.

Size: Each sign may be a maximum of five square feet in size and may hang or be suspended no lower than eight feet above grade level.

m.

Special uses standards.

(1)

Open air sales. In addition to the sign area permitted under this section, ten square feet of sign area is permitted for every 5,000 square feet of site area for vehicle and large equipment sales operations. The additional signage may be used to increase the allowable area for wall signs and freestanding signs, except that height shall not be increased for freestanding signs.

(2)

Drive-through menu boards. No more than two drive-through menu/order boards are permitted for each food and/or beverage establishment featuring a drive through. Each sign shall not exceed 40 square feet and be no taller than six feet.

(3)

Recycling collection facilities (small and large). Signs may be installed for small and large recycling collection facilities consistent with the following standards.

a.

Recycling facilities may have identification signs with a maximum of 20 percent per side or 16 square feet, whichever is larger, in addition to informational signs on recycling containers as permitted in section 901095(12); in the case of a wheeled facility, the side will be measured from the pavement to the top of the container.

b.

Signs must be consistent with the character of the location.

c.

Directional signs, bearing no advertising message, may be installed if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

d.

City planning may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses.

(5)

Design criteria (See Exhibit 3 for illustrations of selected criteria).

a.

Design compatibility: The design of all signs shall be compatible and harmonious with the colors, materials and architecture of the building and the immediate vicinity. Freestanding signs shall be finished with the same or compatible materials as the building on the site.

b.

Sign area: The area of individual signs shall be measured in accordance with the "Sign Area Measurement" diagram.

c.

Sign faces counted: Where a sign has two faces containing sign copy, which are oriented back to back and separated by not more than 24 inches at any point, the area of the sign shall be measured using one sign face only.

d.

Wall mounted letters: Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest area within which all letters and words can be enclosed.

e.

Three-dimensional signs: Where a sign consists of one or more three-dimensional objects such as balls, cubes, clusters of objects, or sculptural or statute-type trademarks, the sign area shall be measured as the

area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen.

f.

Size: Notwithstanding applicable sign standards elsewhere in this chapter, sign size shall be proportionate to the size and scale of the site and building upon which the sign is proposed. Sign dimensions as specified in this chapter are maximum allowable dimensions; it may be necessary that signs be smaller than the maximum allowed in order to be proportionate in size and scale to achieve the design objectives of this section.

g.

Commercial, office and industrial center signs: Individual tenant signs within multi-tenant centers shall be coordinated in size, location, materials and illumination. Review and approval of a Master Sign Program by the city planning is required.

h.

Color: Colors shall be used in coordinated groupings, and shall be compatible with those colors used in the building or project design. In general, a dark sign background is preferred with light colored copy (characters/graphics).

i.

Logos and trademarks: The use of established corporate colors or logos shall not be prohibited by this section. When established corporate colors are incompatible with buildings colors, compatibility in design with the surrounding development shall be accomplished through the use of appropriate background colors or other design features.

j.

Lighting intensity: The light emitted or reflected by a sign, or emitted by a light source, shall be of reasonable intensity and shall be compatible with the architecture of the building and the immediate vicinity. Artificial light sources shall be shielded to prevent light spillage, glare or annoyance to persons on or inside adjoining properties or to public or private rights-of-way.

k.

Illumination: Internally illuminated signs where the entire face of the sign is illuminated rather than just the graphics, are not consistent with the desired character of signs within the city and are discouraged. Illumination of established corporate logos or trademarks shall not be prohibited by this provision.

l.

Sign bases and frames: Freestanding signs should be either housed in a frame, or set onto a base, presenting a solid, attractive, and well-proportioned appearance. The size and shape of the frame or base is to be proportionate to the size and mass of the sign and should be low-profile in design. The use of pole type signs is not encouraged.

m.

Landscaping: Freestanding signs should be located in a landscaped area proportionate to the size of the sign. Appropriate accent landscaping placed at the base of the sign.

n.

Sign copy: Sign copy shall be simple and concise without excessive description of services or products. Copy shall be limited to the name and nature of the business along with address of the site. On freestanding signs, sign copy shall be designed to contribute to the design of the structure on which it is displayed. In all cases, freestanding sign design and sign copy should be coordinated to provide an attractively designed freestanding element which identities the development or project.

o.

Wall signs: Building signs shall be mounted flush against the building, and shall not project above the roof ridge or the top of the parapet.

p.

Screening: Guy wires, angle irons, braces and other support or construction elements should be screened or hidden from view.

q.

Maintenance: All signs and their supporting members shall be kept in good repair and maintained in good structural condition at all times. The city building official shall inspect and have the authority to order the owner to paint, repair, alter or remove the sign(s) that have become dilapidated or that constitute a physical hazard to the public safety.

Exhibit 3: Selected Sign Design Standards

==> picture [417 x 505] intentionally omitted <==

Exhibit 4: Sign Area Measurement

==> picture [471 x 346] intentionally omitted <==

(6)

Miscellaneous signs.

a.

Construction project signs. Construction project signs shall not exceed 32 square feet in area, and eight feet in overall height, unless legally required by governmental contract to be larger. A construction project sign shall not require a sign permit and may exist no longer than the period of construction.

b.

Subdivision signs for subdivisions under active construction.

i.

Signs, with the exception of flags, banners, open house style signs, and model home signs, advertising residential subdivisions under active construction shall require the approval of a director review permit. Said permit shall be valid for a period of two years or less. Said permit is renewable. Multiple signs may be allowed per permit.

ii.

Subdivision signs shall be removed when the subdivision is sold-out.

iii.

No subdivision sign shall exceed 98 square feet in area per face.

iv.

For subdivisions up to 40 acres in area, the total amount of signs shall not exceed 392 square feet.

v.

For subdivisions greater than 40 acres, an additional 196 square feet of area is permitted.

vi.

As the subdivision is completed, the number of signs and square footage shall be correspondingly reduced.

vii.

All signs shall be located on private property within the subdivision being advertised, with the exception of the use of banners, small open house style signs and small open house signs.

viii.

Banners advertising the subdivision may be allowed to be placed on the street frontage side of a block wall or fence that borders the subdivision. One banner per major street frontage is permitted. Banners shall be limited to not more than four feet in height and 15 feet in length. The location of the banner shall be submitted to and approved by the community development director or his/her designee. A site plan review is not required.

ix.

Flags may be placed within the subdivision provided that said flags are located on private property within the subdivision.

x.

Small open house style signs may be placed at the entrance of the subdivision provided that they are limited to 7:00 a.m. and removed at dusk. Said signs shall not hinder pedestrian travel nor block intersections.

xi.

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

xii.

All advertisement shall be maintained in good working condition. Signs, flags, and banners shall be replaced when faded, tattered, damaged, or defaced.

(7)

Prohibited signs and locations. Prohibited signs are as follows:

a.

Vehicles used only for the purpose as a sign advertising platform/structure in lieu of permitted signage provided by these provisions when parked or stored off site and the vehicle is not used in the daily operation of the business.

b.

Any sign or sign structure which has become a public nuisance due to inadequate maintenance, dilapidation, or abandonment.

c.

Any sign which obstructs in any manner the ingress to, or egress from, a door, window, fire escape, or other access way required by building codes adopted by the City of Sanger.

d.

Any sign unlawfully installed, erected, or maintained.

e.

Any sign now or hereafter existing which no longer advertises a business conducted or a product sold as prescribed in this chapter.

f.

Any sign which encroaches into any city right-of-way and/or easement, except an under canopy sign or projecting sign.

g.

Any sign that flashes, blinks, moves, changes color, appears to change color, changes intensity, or contains any part of attachment which does the same except that standard barber poles, time and temperature signs and approved bulletin board signs shall be permitted in commercial and industrial zones if otherwise in compliance with these provisions.

h.

Any unofficial sign, signal or device, or any sign, signal or device which purports to be or is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic, or which hides from view any official sign or signal.

i.

Any light of any color of such brilliance as to blind or dazzle the vision of drivers upon any roadway or highway nor shall any light be placed in such position as to prevent the driver of a vehicle from readily

recognizing any traffic sign or signal.

j.

Any sign located so that it interferes with visibility at an intersection, public right-of-way, driveway, or other ingress/egress.

k.

Any sign located or displayed on or over public property except as expressly permitted by these provisions unless approved by the city council.

l.

Any sign attached to a utility pole or tower, utility equipment structures or cabinets, trees or other vegetation.

m.

Any roof-top or roof ridge mounted sign.

n.

Any sign erected or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the state, or rules and regulations duly promulgated by agencies thereof.

o.

Off-site signs, advertising structures and billboards

p.

Portable signs, other than approved temporary signs. The use of any temporary or window signage shall not be used in lieu of permanent wall or freestanding signs.

q.

Any sign which, in the opinion of the city, is in conflict with the spirit or intent of this chapter.

(8)

Exempted signs. The following signs and devices shall not be subject to the provisions in this chapter:

a.

Signs placed by a governmental body or public utility, required to be maintained by law.

b.

Memorial tablets or plaques placed by recognized historical agencies.

c.

Flags of the City of Sanger, National or State Government.

d.

Traffic or other signs of government agencies, signs required by law or contract with a governmental agency, railroad crossing signs, legal notices, and such temporary emergency or non-advertising signs as may be authorized by the city council.

e.

Seasonal holiday decorations and displays, including painted storefront window displays to celebrate nationally recognized holidays and celebrations including local celebrations.

f.

Political signs, that adhere to the following regulations: (In accordance with § 5405.3 California Business and Professions Code).

1.

Political signs are permitted on lots or parcels privately owned with permission of the property owner.

2.

The combined area of sign by any one candidate on any one parcel shall not exceed 32 square feet.

3.

Political signs shall not be attached to trees, fence posts, or utility poles, except on private property where signs may be attached to trees and fence posts with permission of the property owner.

4.

Political signs shall not be lighted either directly or indirectly.

5.

No political sign or portion thereof shall be placed in any street right-of-way or on any city-owned property.

6.

No sign shall be erected in violation of street corner setback requirements, which are established to ensure traffic safety, nor shall any such sign interference with pedestrian traffic.

7.

Political signs shall be erected no sooner than 90 days prior to the date of the scheduled election.

All political signs shall be removed within ten days following the date of the election. A statement of responsibility shall be filed with the city clerk certifying a person who will be responsible for removing the temporary political signs and who will reimburse the city for any costs incurred for their removal. Signs not removed within this period may be removed by the city and the cost of removal assessed against the candidate.

9.

Provisions of this subsection shall not apply to political advertising on legally established existing commercial billboard structures.

(9)

Murals. It is the intent of the city council, for purposes of promoting the local economy, tourism, and for further purposes of beautifying the City of Sanger, to adopt standards regarding murals, their location and design.

a.

Location. Murals may be located on the sides of buildings and walls on property in any commercial, industrial or public/quasi-public zone district within the City of Sanger.

b.

Mural design approval. Prior to painting, installation and execution of a mural, an application shall be submitted to city planning. The application shall include a detailed drawing or sketch of the mural plus other details as prescribed on the application or to be pertinent. In addition, the application shall provide proof that an easement has been secured for the wall on which the mural will be placed. The proposed mural design application shall be forwarded with a recommendation to the planning commission. The commission shall review and approve, approve with modifications, or deny the application as submitted.

c.

Criteria for design of murals.

(1)

Murals of historical significance to Sanger's history and heritage are encouraged. However, the planning commission welcomes all submissions for review. A mural shall not contain elements that advertise an existing business or product or make a political statement.

(2)

The paint to be used shall be appropriate for use in an outdoor locale, for an artistic rendition and shall be of a permanent, long-lasting quality.

(3)

The mural shall be designed and painted by qualified mural artists with sufficient knowledge in the design and painting of such projects.

(4)

To the extent feasible, the mural shall be vandal and graffiti resistant.

(5)

The mural shall be maintained by the property owner through a written agreement with the city.

d.

Planning commission review. Approval of a mural permit shall occur only after public notice and an opportunity for interested parties to present any appropriate comments, either in writing or orally, to the planning commission.

e.

Appeal to city council. Within ten days of the planning commission's decision by resolution on a mural permit, any interested party may appeal a decision of the planning commission regarding a mural application. The appeal must be in writing accompanied by a fee and be received by the city planner or city clerk within ten days of the action by the planning commission. Following public notice and public hearing, the appeal shall be considered by the city council. Action of the city council shall be considered final.

f.

Mural design amendment. The planning commission shall consider such amendment in accordance with the provisions for review and approval of a mural as provided in subsection (9)a.—e.

(10)

Non-conforming signs. The lawful use of a sign existing on the effective date of this chapter, although such use does not conform to the provisions of this chapter, may be thus continued; provided, however, a nonconfirming sign which has been abandoned, or the use for which it is advertised has ceased to function for a period of 90 days or more, shall be brought into conformity with the provisions of this chapter.

a.

Non-conforming sign shall not in any manner (except for sign copy/ face changes) be structurally altered, reconstructed, or moved without being made to comply with the provisions of this chapter; however, nothing herein shall prohibit the painting, maintenance, or repairing of such sign, including the changing of sign copy/face.

b.

If, at any time, any sign in existence or maintained on the effective date of this chapter, which does not conform to the provisions of this chapter, is destroyed by fire, accident, explosion or act of nature to the extent of more than 50 percent of the value thereof, such sign shall be subject to all the provisions of this chapter. For the purposes of this chapter, the value of any sign shall be the estimated cost of replacement of the sign in kind as determined by the building official.

c.

The chief building official or his/her designee shall immediately cause the removal of any sign which, in the judgment of the city manager is found to be within the public right-of-way and/or easements and are found to place citizens in immediate peril, by any or a combination of the following methods using sound judgment under the circumstances:

1.

Removal or modification of said sign by city staff with business owner (or property owner if business has ceased operations) to be billed for time and materials.

2.

Notification orally or in writing to the business owner causing the removal of said signs within a 24-hour period or lesser period of time, as prescribed by the city manager.

3.

Immediate citation of the business owner (or property owner if business has ceased operations) or party responsible for said sign.

d.

Any business that has ceased operations for at least 30 days shall remove all temporary signs and all window signs.

(11)

Minor deviations. A minor deviation of up to ten percent in permitted sign area, including height and location standards may be granted by the city upon written request, subject to such conditions as it may impose without any notice or appeal, if the city planner finds that to do so would not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located.

a.

A minor deviation may be granted upon making the following findings:

1.

There are exceptional or extraordinary circumstances or conditions, which apply to the property involved or the existing or intended use of the property which do not apply generally to other properties in the same zoning district.

2.

Granting of a minor deviation will not negatively impact surrounding properties.

(12)

Administration. Building permits are required for all signs, except for window signs, painted signs and temporary signs including banner signs and sandwich board signs.

a.

Permit applications for sign approvals shall be made upon city forms provided by the building official and shall include a plot plan, sign design details, mounting and electrical details and engineered footing(s) (for freestanding signs) and any additional information required by the building official in the review and issuance of building permits.

b.

Appeals. The provisions of section 90-1018 shall apply.

c.

Violations. The provisions of section 90-1055 shall apply.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91; Ord. No. 1092, Exh. A, 7-19-07; Ord. No. 1125, § 1(Exh. A), 2-2-12; Ord. No. 1155, § 1, 1-15-15; Ord. No. 1164, § 1(Exh. A), 10-15-15; Ord. No. 1168, §§ 1, 2, 2-18-16)

Sec. 90-892. - Loading space requirements.

The following property development standards for loading spaces shall apply to all land, buildings and structures in all districts:

(1)

Every commercial and industrial building shall provide and maintain loading spaces as provided in the following tables:

(2)

The following general requirements shall apply to the location and design of loading spaces.

a.

When the lot upon which the loading spaces are located abuts upon any alley, such loading space shall adjoin or have access from the alley.

b.

A loading space may occupy a rear or side yard, except such portion required to be landscaped, or unless specifically prohibited by the yard requirements of the zone district.

c.

In no case shall any part of an alley or street be used for providing required loading space.

d.

Where the loading area has access from a street, such access shall conform to the city standard specifications.

e.

Loading spaces shall be not less than 12 feet in width and 40 feet in length, and shall have not less than 14 feet of vertical clearance.

f.

Loading spaces maintained in connection with any main building shall continue to be maintained so long as the building remains, unless an equivalent number of spaces are provided on a contiguous lot or elsewhere

on the same lot, in conformity with the requirements of this section; provided, however, that this regulation shall not require the maintenance of more loading space than is required for a new building.

g.

No required loading space shall be relinquished or reduced in any manner below the requirements established in this chapter unless equivalent facilities are provided elsewhere, the equivalency of which is determined by the commission, following the procedure set forth in sections 90-991 through 90-993.

h.

Where a loading area is adjacent to a residential district, loading shall be done only between the hours of 8:00 a.m. and 6:00 p.m.; unless the loading area is located at least 100 feet from such district or is completely enclosed.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91)

Sec. 90-893. - Lot lines; landscaping.

The following property development standards for lot lines and landscaping shall apply to all land, buildings and structures in all districts:

(1)

Lot lines.

a.

Lot line, front.

1.

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

2.

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

3.

On a through lot, or a lot with three or more sides abutting a street or a corner or reversed corner lot, with lot lines of equal length, the commission, following the procedure set forth in sections 90-991 through 90993, shall determine which property line or lines shall be the front lot line or lines for purposes of compliance with yard and setback provisions of this chapter.

b.

Lot line, rear. In the case of an irregular or goreshaped triangular lot, the rear lot line shall be a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines.

c.

Lot line, side. On a lot with three or more sides abutting a street, all lot lines abutting such street or streets, other than the front lot line or lines, may be side lot lines.

(2)

Landscaping. Whenever this chapter or any permit granted hereunder requires landscaping, the following standards of design, practice, and maintenance shall be observed.

a.

When property is undeveloped at the time landscaping requirements are imposed upon the property, landscaped yards and areas shall be provided and maintained at the time a main building is constructed and occupied or when any open use, other than agricultural, occurs on the property.

b.

All vegetation shall be provided with an adequate, permanent, and nearby source of water which shall be provided by installed on-site water sprinklers, flood, or drip irrigation systems.

c.

All vegetation shall be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, blight, or disease, and such vegetation or those that show signs of such damage or injury at any time shall be replaced by the same, similar, or substitute vegetation of a size, form and character which will be comparable at full growth.

d.

Landscaping provided with any use requiring a site plan shall be designated on the site plan.

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91)

Sec. 90-894. - Special standards and regulations.

The following special standards and regulations for property development shall apply to all land, buildings and structures in all districts:

(1)

Easements. No building or structure shall be constructed which may be in conflict with an easement.

(2)

Greenhouses. A greenhouse shall be classified as a building in determining lot coverage. The property development standards of the district shall apply if such structure exceeds the permitted fence height for the district or if such structure exceeds 100 square feet in area.

(3)

Structure, temporary. A temporary structure shall be subject to all applicable property development standards for the district in which it is located.

(4)

Accessory structures.

a.

Where an accessory building is part of or joined to the main building by a common wall, the accessory building shall be deemed a main building for purposes of applying the property development standards of this chapter.

b.

Where an accessory building, either attached to or detached from the main building, is less than six feet from the main building, the accessory building shall be deemed a main building for purposes of applying the property development standards of this chapter.

c.

Where an accessory building is detached and separated from the main building by six feet or more, the accessory building need not be considered a main building for purposes of applying the property development standards of this chapter.

d.

Where an accessory building is attached to the main building by a breezeway roof with an intervening space of six feet or more and where the space is open on at least two sides, the accessory building need not be considered a main building for purposes of applying the property development standards of this chapter.

(5)

Accessory dwelling units.

a.

Purpose. The purpose of this article is to establish the regulations and procedures for the review of accessory dwelling units (ADU[s]) and junior accessory dwelling units (JADU[s]), in conformance with the California Government Code Title 7, Division 1, Chapter 13, Accessory Dwelling Units.

b.

Applicability. Any construction, establishment, alteration, enlargement, or modification of an ADU shall comply with the requirements of this subsection and Title 14. For purposes of this subsection, ADUs include detached, attached, and JADUs.

c.

Permit required.

1.

A building permit is required for ADUs and JADUs.

2.

The provisions included in this section are applicable to all lots that (1) are zoned to allow single-family or multifamily residential uses and (2) include a proposed or existing dwelling unit.

3.

Any application for an ADU that meets the location and development standards contained in this section shall be approved ministerially without discretionary review or public hearing.

d.

Processing time and submittal requirements.

1.

Processing time.

(a)

State-exempt ADUs that qualify under Government Code Section 66323 shall be subject to ministerial approval within 60 days of submittal of a complete application.

(b)

On lots with an existing single-family or multifamily dwelling, an application to create an ADU or JADU shall be approved within 60 days of submission of a complete application, unless either:

1.

The permit application to create an ADU or JADU is submitted concurrently with a permit application to create a new single-family or multifamily dwelling on the lot, in which case the city shall not act on the permit application for the ADU or JADU until the city acts on the permit application for the new singlefamily or multifamily dwelling unit; or

2.

The applicant requests a delay, in which case the 60-day time period shall be tolled for the period of the delay.

(c)

Once the application for the new single-family dwelling or multifamily dwelling has been approved, the permit application for the ADU or JADU shall be processed and either approved or denied within 60 days.

(d)

If the city has not acted upon the completed application for the ADU or JADU within 60 days, and neither of the above exceptions are met, then the application for the ADU or JADU shall be deemed approved.

2.

Submittal requirements. The application for an ADU or JADU shall be submitted to the department. An ADU shall be reviewed as part of the established building permit process, and compliance with the standards of this article will be verified through the ministerial planning review process.

3.

Denial/remedies. If the city denies an application for an ADU or JADU, the city will provide in writing a full set of comments within 60 days to the applicant from the date they received a completed application with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. When the primary dwelling is proposed concurrent with the ADU then more than 60 days can be taken by the city.

e.

Rental and sale limitations.

1.

Long-term rentals only. Rental of the ADU created pursuant to this section shall be for a term 30 days or longer (Government Code Section 66315). Occupancy of the ADU or JADU shall not be allowed until the city approves occupancy of the primary dwelling unit (Government Code Section 66328).

2.

Sale and conveyance. An ADU may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Government Code Section 66341 are met.

3.

If all the requirements of Government Code § 66342 are met, the separate conveyance of the primary dwelling unit and ADU are allowed as condominiums.

f.

General development and operational standards.

1.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction or conversion of a detached or attached ADU, replacement parking is not required (Government Code Section 66314, subd. (d)(11)).

A demolition permit for a detached garage that is to be replaced with a detached or attached ADU shall be reviewed with the application for the ADU and issued at the same time (Government Code Section 66314, subd. (e)).

3.

Availability of utilities all accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services, unless the accessory dwelling unit was constructed with a new single-family dwelling (Government Code Section 66324).

4.

Fire sprinklers. If fire sprinklers are not required for the primary residence, then installation of fire sprinklers are not required in an ADU. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers (Government Code Section 66314, subd. (d)(12)).

5.

Building code. Building code requirements for detached dwellings shall be applied to ADUs, except that the construction of an ADU shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations) (Government Code Section 66314, subd. (d)(8)).

6.

Occupancy. Owner occupancy is not required on a property with an ADU.

g.

Conditions for nonconforming uses and structures.

1.

Nonconforming conditions. Until January 1, 2030, an owner of an ADU or JADU that receives a notice to correct violations or abate nuisance, in relation to the ADU or JADU, may request a delay for five years in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the local agency, subject to compliance with the Government Code Section 66331 and Health and Safety Code Section 17980.12(a)-(c), and the following conditions:

(a)

The ADU or JADU was built before January 1, 2020.

(b)

The ADU or JADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU or JADU was built, had a noncompliant ADU or JADU ordinance, but the ordinance is compliant at the time the request is made.

(c)

This subsection shall remain in effect only until January 1, 2035, and as of that date is repealed.

h.

Number of ADUs or JADUs Permitted Per Legal Parcel or Lot. An application for a permit to establish an ADU or JADU that meets at least one of the following descriptions shall be ministerially approved without a public hearing and is not subject to the development standards of this chapter (Government Code Section 66317, subd. (a)).

1.

(One ADU and one JADU are permitted per lot within the existing or proposed space of a single-family dwelling or within an existing accessory structure, that meets specified requirements such as exterior access and setbacks for fire and safety (Government Code Section 66323, subd. (a)(1)).

2.

One detached new construction ADU. One JADU may also be combined with a detached ADU (Government Code Section 66323, subd. (a)(2)).

3.

Multiple ADUs within the portions of multifamily dwelling structures that are not used as livable space. Local agencies must allow an amount of ADUs up to 25 percent of the dwelling units in existing multifamily dwelling structures, or a minimum of one, whichever is greater (Government Code Section 66323, subd. (a) (3)).

4.

Up to two detached ADUs on a lot that has proposed multifamily dwellings (Government Code Section 66323, subd. (a)(4)).

5.

Up to eight detached ADUs on a lot that has existing multiple family dwellings provided that the number of ADUs does not exceed the number of existing dwelling units on the lot. (Government Code Section 66323, subd. (a)(4))

i.

State-exempt ADUs.

1.

State-exempt ADUs shall not be subject to any local development or design standard that is not authorized by Section 66323 but shall comply with applicable building code and health and safety standards.

j.

Detached ADUs.

1.

Location. Detached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling. An existing dwelling on-site may be classified as the detached ADU after construction and occupation of a proposed dwelling on-site. Detached ADUs may be located in an existing accessory structure.

2.

Maximum number of detached ADUs.

(a)

When accompanied by a proposed or existing single-family dwelling, the maximum number of detached ADUs shall be one. The detached ADU may be in addition to an existing or proposed attached ADU or an existing or proposed JADU (Government Code Section 66314, subd. (d)(2)).

(b)

When accompanied by a proposed multifamily dwelling, the maximum number of detached ADUs shall be two per lot. Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling (Government Code Section 66323, subd. (a)(4)(A).

(c)

When accompanied by an existing multifamily dwelling, the maximum number of detached ADUs shall be eight per lot. However, the number of ADUs shall not exceed the number of existing dwelling units on the lot (Government Code Section 66323, subd. (a)(4)(ii)). Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling (Government Code Section 66323, subd. (a) (4)(A)).

3.

Floor area.

(a)

The minimum floor area shall be 150 square feet.

(b)

When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet (Government Code Section 66314, subd. (d)(5)).

4.

Minimum setbacks.

(a)

The minimum side, street side, and rear-yard setback shall be four feet, except when converting or replacing an existing accessory structure that is less than four feet from the side, street side, or rear yard (Government Code Sections 66314, subd. (d)(7), and 66323, subd. (a)(2)).

(b)

No setback shall be required for an existing living area or accessory structure or a structure constructed 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 (Government Code Section 66317, subd. (a)).

5.

Maximum height. The maximum height of detached ADUs shall be as follows (Government Code Section 66321, subd. (b)(4)):

(a)

For one-story detached ADUs, the maximum height shall be 16 feet. Where the detached ADU is within one-half-mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code, or with an existing or proposed multifamily dwelling of more than one story, the maximum height shall be 18 feet.

(b)

For two-story detached ADUs, the maximum height shall be 25 feet.

(c)

Height exceptions.

1.

An additional two feet in height shall be allowed to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit.

2.

When an existing accessory structure is converted to a detached ADU, the maximum height may exceed the limits of subsection 5.(a) of this section to an amount equal to the height of the existing accessory structure to be converted.

6.

Parking.

(a)

Parking requirements. A maximum of one parking space shall be required per ADU or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway or in front and/or rear setback areas. (Government Code Section 66314, subd. (d)(10)).

(b)

Exceptions. No parking shall be required for ADUs in any of the following instances (Government Code Sections 66314, subd. (b)(2), and 66322, subd. (a)):

1.

The ADU is within one-half-mile walking distance of public transit.

2.

The ADU is within an architecturally and historically significant historic district.

3.

The ADU is part of the proposed or existing primary residence or an accessory structure.

4.

When on-street parking permits are required but not offered to the occupant(s) of the ADU.

5.

There is a car-share vehicle within one block of the ADU.

6.

When a permit application for the ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Government Code Section 66322, subd. (a).

(c)

Development standards. Detached ADUs shall comply with all applicable base zone district objective development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800square-foot detached ADU.

k.

Attached ADUs.

1.

Location. Attached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.

Maximum number of attached ADUs.

(a)

When accompanied by a proposed or existing single-family dwelling, the maximum number of attached ADUs shall be one. The attached ADU may be in addition to an existing or proposed detached ADU and/or an existing or proposed JADU (Government Code Section 66323, subd. (a)(1-2)).

(b)

When accompanied by a proposed or existing multifamily dwelling, the maximum number of attached ADUs allowed shall be no more than 25 percent of the number of existing or proposed multifamily units. However, in no case shall less than one attached ADU be allowed (Government Code Section 66323, subd. (a)(3)).

3.

Floor area.

(a)

The minimum floor area shall be 150 square feet.

(b)

Single-family attached ADU (Government Code Section 66323, subd. (a)(1)(A)).

1.

The maximum floor area may expand up to 150 square feet from the existing primary dwelling unit.

2.

If the ADU expands beyond 151 square feet from the existing primary dwelling unit, then the floor area shall not exceed 50 percent of the living area of the existing primary dwelling unit.

4.

Minimum setbacks.

(a)

The minimum side, street side, and rear yard setback shall be four feet, except when converting or replacing an existing attached accessory structure that is less than four feet from the side, street side, or rear yard.

(b)

No setback shall be required for an existing living area or accessory structure or a structure constructed 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 4 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 (Government Code Section 66314, subd. (c)(7)).

5.

Maximum height.

(a)

The maximum height of attached ADUs shall be two stories and 25 feet or the maximum height specified by the base zone district for the primary dwelling, whichever is lower (Government Code Section 66321, subd. (b)(4)).

(b)

Attached ADUs that are interior to an existing structure that is converted shall not exceed the height of that existing structure.

6.

Parking. No parking shall be required for an attached ADU.

7.

Development standards.

(a)

Attached ADUs shall comply with all applicable base zone district objective development standards (Government Code Section 66321, subd. (b)(3)), including limits on lot coverage, objective design standards, floor area ratio, open space, front setbacks, and minimum lot size unless application of any one or more of these standards precludes construction of at least an 800-square-foot attached ADU with four feet side and rear yard setbacks.

(b)

The city shall not use or impose additional standards other than those provided in Government Code Section 66314, including an owner-occupant requirement, except that the city may require that the property may be used for rentals of terms 30 days or longer (Government Code Section 66315).

l.

Junior accessory dwelling units.

Location. JADUs must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A JADU must be within the walls of the primary single-family dwelling, including, but not limited to, an attached garage (Government Code Section 66323, subd. (a)(1)). One JADU may also be combined with a detached ADU (Government Code Section 66323, subd. (a)(2)).

2.

Maximum number of JADUs.

(a)

When accompanied by a proposed or existing single-family dwelling, the maximum number of JADUs shall be one per lot. The JADU may be in addition to an existing or proposed detached ADU or an existing or proposed attached ADU.

3.

Floor area.

(a)

The minimum floor area shall be 150 square feet.

(b)

The maximum floor area shall be 500 square feet.

4.

Parking. No parking shall be required for a JADU, including replacement parking.

5.

Exterior access. Access shall be provided to the JADU independent from the primary dwelling.

6.

Sanitation facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU.

8.

Kitchen features. An efficiency kitchen shall be provided, including all of the following (Government Code Section 66333, subd. (f)):

(a)

A cooking facility with appliances.

(b)

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

9.

Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary single-family dwelling or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization (Government Code Section 66333, subd. (b)).

10.

Deed restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following (Government Code Section 66333, subd. (c)):

(a)

A prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.

(b)

A restriction on the size and attributes of the JADU that conforms with this section.

(6)

Satellite dishes, towers and similar electronic antennae.

a.

All satellite dishes, towers and similar electronic antennae shall be considered buildings and shall meet all applicable setback requirements.

b.

Such antennae shall be screened from view from adjacent properties by structural screens. All such antennae shall be reviewed and approved by the building official prior to installation.

c.

A satellite antenna shall not exceed 13 feet in diameter.

d.

A satellite antenna shall be ground-mounted and shall not exceed a height of 12 feet at its highest point.

e.

Antennae exceeding 13 feet in diameter or 12 feet in height shall be permitted only by conditional use permit pursuant to sections 90-998 through 90-1001.

(7)

Carnivals and similar events. Carnival activity as defined in Municipal Code section 18-83 and similar events conducted by charitable organizations that have the potential to attract attendance by more than 100 persons shall require the approval of a director's review permit.

(8)

Residential projects located on sites 2, 3, 17 in Table 1N-6 and site 52 in Table 1N-7 of the 2023- 2031 Housing Element identified to meet the lower income RHNA providing appropriate densities and a minimum of 20 percent of the units in the development as affordable to lower income households shall be allowed by right pursuant to Government Code section 65583.2(i).

(Ord. No. 731, § 7, 8-2-83; Ord. No. 777, § 2, 4-15-86; Ord. No. 847, 6-6-91; Ord. No. 860, § 2, 12-5-91; Ord. No. 1165, § 1, 11-19-15; Ord. No. 1171, § 2, 6-16-16; Ord. No. 2025-04, § 4(Exh. A, § 14), 5-15-25)

Sec. 90-895. - Recycling areas in development projects.

The following development standards for recycling areas shall apply to all land, buildings and structures in all districts in development projects: Development projects shall provide a recycling area equivalent to a minimum of 25 percent of the total area required for solid waste collection and loading; or to one full space for the location of a similar type of solid waste container required for the development project, whichever is greater. This area shall be paved and maintained in the same manner as the area for the collection and loading of solid waste, and shall be located adjacent to it.

quivalent to a minimum of 25 percent of the total area required for solid waste collection and loading; or to one full space for the location of a similar type of solid waste container required for the development project, whichever is greater. This area shall be paved and maintained in the same manner as the area for the collection and loading of solid waste, and shall be located adjacent to it.

(Ord. No. 925, § 3, 1-5-95)

Sec. 90-896. - Bed and breakfast establishments.

Bed and breakfast facilities may be operated in the RA and CP zone districts, within a single-family residential structure existing as of January 1, 2004, subject to the following standards:

The bed and breakfast facility shall be operated by the owner/occupant of the property on which it is located.

Guest occupancy of bed and breakfast facilities shall not exceed 30 consecutive days for each guest.

The bed and breakfast activity shall be conducted within a dwelling or an accessory building involving a maximum of five bedrooms accommodating no more than ten guests. Accessory buildings shall be subject to the provisions of subsections 90-894(4)a. through d.

Signs identifying the bed and breakfast facility shall be limited to one freestanding sign and one wallmounted sign. The freestanding sign shall not exceed a height of six feet nor exceed 32 square feet in area. The wall-mounted sign shall be a nameplate not to exceed four square feet in area. Signs shall be designed to compliment the facility and subject to the provisions of section 90-891.

The bed and breakfast facility shall be limited in employment to residents of the property and a maximum of two nonresident employees for said use.

In addition to the parking requirements specified under sections 90-884 through 90-889, one parking space shall be required per each guest bedroom and employee. Said parking shall be located on-site and outside of the front yard and street side yards of the subject parcel.

Prior to establishment of any bed and breakfast operation, a conditional use permit application shall have been submitted to and approved by the planning commission pursuant to the provisions of section 90-998.

(Ord. No. 1045, § 4, 2-19-04)

Sec. 90-897. - Home occupations.

A home occupation may be permitted by issuance of a home occupation permit in accordance with this section.

Applications for home occupation permits shall be made by a resident living at the site that will operate the home occupation, and shall have the written consent of the property owner.

Home occupation permits shall be processed and approved as an administrative matter by the planning director.

A home occupation permit may not be transferred to another site, nor may it be transferred to another resident.

The following standards and conditions shall apply to all home occupations:

a.

The home occupation shall be clearly incidental to the use of the site as a residence.

b.

There shall be no employment or contracting of help other than a resident of the dwelling or a family member of a resident of the dwelling, with the exception that a cottage food operation is allowed to employ one full-time equivalent employee.

c.

There shall be no sales of products on the premises, except that products from a cottage food operation may be sold directly to consumers.

d.

The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.

e.

The use shall not involve the use of commercial vehicles for delivery of materials or products to or from the premises, other than a vehicle not to exceed one ton payload capacity, owned by the operator of the home occupation. The vehicle shall not be stored in a location visible from a public street.

f.

There shall be no excessive or unsightly storage of materials or supplies, indoors or outdoors, other than those permitted in the district.

g.

There shall be no signs advertising the business or identifying the site as a home occupation.

h.

No building or space outside of the main building shall be used for home occupation purposes.

i.

No required parking spaces for the residence shall be used for home occupation purposes.

j.

In no way shall the appearance of the structure or site be altered such that the structure or site may be reasonably recognized as serving a nonresidential use, either by color, materials, construction, lighting, signage, noises, or vibrations.

k.

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

l.

The use shall not generate sewage or solid waste of a type that differs or of an amount that is greater than a typical residence within the district in which it is located.

m.

All food preparation in conjunction with a cottage food operation must take place in the residence's existing kitchen.

n.

A permit for a home occupation that requires an additional permit or approval from another agency to operate, such as a cottage food operation, shall not be effective until that permit or approval is obtained, and shall automatically expire if the other required permit or approval expires, is disapproved, or is revoked.

o.

A copy of any additional permit or approval from another agency to operate, such as a cottage food operation permit, shall be provided to the city planning department within ten working days of the issuance of that permit or approval.

In addition to the standards and conditions specified above, the planning director may add additional conditions to the home occupation permit approval that are deemed necessary to promote general health, safety, and welfare.

Upon violation of a standard condition, the planner director may revoke a home occupation permit if, 1) the violation has not been remedied within ten days after a notice of violation has been issued, or 2) there are repeated violations.

In the event of denial or revocation of a home occupation permit, or in the event of an objection to the limitations placed upon the home occupation, an appeal may be made by the permit applicant to the planning commission.

A home occupation permit shall expire and become void if one of the following occurs:

a.

The use is not commenced with six months of the issuance of the permit,

b.

The use has not been conducted for a period of six months,

c.

The city business tax license for the use has expired,

d.

The property changes ownership.

(Ord. No. 1140, § 2, 7-18-13, ef. 8-18-13)

Sec. 90-898. - Manufactured housing.

(a)

Manufactured housing shall be allowed in all residential zone districts on lots where conventional single family residential dwellings are allowed subject to the following provisions:

(1)

Certification. Manufactured housing that is proposed to be installed shall be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 as may be amended

(2)

Aesthetic features. Manufactured housing shall comply with the City of Sanger Community Design Standards and Guidelines for Single Family Residential as expressed in Section 3-4, Aesthetic Requirements.

Roof pitch shall be a minimum of 4:12.

(3)

Architectural features. Manufactured housing shall incorporate the use of composition asphalt shingle roofing materials with a minimum 25-year warranty.

Eave overhang shall be a minimum of 16 inches.

Siding materials shall be of a permanent material not to include aluminum or other metal.

(4)

Structural features. Manufactured housing shall be installed on a permanent foundation system in accordance with Health and Safety Code § 18551 with the following provisions:

a.

That the maximum distance between surface ground level to the floor of the manufactured housing unit be eight inches;

b.

That a permanent continuous solid masonry continuous stem wall be constructed along the perimeter of the structure.

(5)

Date of installation. Manufactured housing shall be precluded from being installed if more than ten years have elapsed between the date of manufacture of the manufactured housing and the date of application for the issuance of a permit to install the manufactured housing.

(Ord. No. 1161, § 2(Exh. A), 9-3-15)

Sec. 90-899. - Emergency shelters.

(a)

Emergency shelters shall conform to all property development standards of the zoning district in which located except as modified by these development standards.

(b)

The maximum number of beds permitted in a shelter shall be in accordance with applicable fire/building code capacity, but shall not exceed 21.

(c)

The parking requirements shall comply with section 90-886(19).

(d)

The shelter shall provide a bicycle parking area.

(e)

Emergency shelters shall provide no less than ten square feet of interior waiting and client intake space per bed. In addition, there shall be no less than two offices or cubicles in the shelter, and at least one must be an enclosed office with walls, a ceiling, and a door for purposes of maintaining privacy.

(f)

On-site management shall be present at all times that the shelter is open and in operation. Prior to the operation of the shelter and annually thereafter, the shelter shall prepare and file a management plan with the community and economic development department that includes the following information:

(1)

Operational rules and standards that address: (a) client supervision; (b) staff training to meet the needs of shelter residents; (c) hours of operation; (d) client services to be provided either at the shelter or other locations, particularly those to assist residents with obtaining permanent shelter and income. If services are provided offsite the management plan shall describe transportation needs; (e) community outreach; (f)

screening of residents to ensure compatibility with the services provided at or through the shelter; (g) storage/handling of personal belongings; (h) laundry services; (i) food services; (j) security measures; (k) emergency contact information; and (l) maintenance of the property and facility. Note: laundry services and food services do not need to be provided on-site, however the management plan shall address how these services will be provided.

(2)

Floor plan of the emergency shelter. If homeless families are to be served, separate area(s) shall be provided that have privacy. If both genders are to be served by the shelter, the floor plan shall show separated areas of accommodations and bathroom facilities for both male and female residents. Bathroom facilities shall include showers and be sized in accordance with the most current adopted building and plumbing code.

(g)

The length of client/resident stay shall be limited to no more than six months in any consecutive 12-month period.

(h)

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.

(i)

The shelter shall be non-smoking. Outside smoking areas shall be located to the rear of the building or structure and not visible from the public rights-of-way.

(j)

Optional facilities: the shelter may provide one or more of the following facilities for the exclusive use of the residents and staff: recreation room, counseling center, child care facilities, and/or other support services as described in the management plan.

(k)

Emergency shelters shall provide a trash and recycle enclosure that is consistent with the city's specifications.

(l)

Emergency shelters shall not provide outdoor public telephones or space for outdoor congregating in front of the building or structure or otherwise visible from the public rights-of-way.

(m)

The design of the shelter shall comply with the city's design standards and guidelines.

(n)

An emergency shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from applicable city, county and state agencies or departments.

(o)

A zoning clearance checklist shall document compliance of the emergency shelter with the above requirements and shall be kept on file in the community and economic development department for the duration of the operation of the shelter.

(Ord. No. 1167, § 3, 2-18-16; Ord. No. 2025-04, § 4(Exh. A, § 14), 5-15-25)

Editor's note— Ord. No. 1167, § 3, adopted Feb. 18, 2016, amended ch. 90 with the addition of § 90-898 to the Code. Inasmuch as there was already a section so designated, said section has been designated as § 90-899 at the discretion of the editor.

Sec. 90-900. - Reasonable accommodation in housing.

(a)

Purpose. The purpose of this section is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeing equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter "Acts") in the application of zoning laws and other land use regulations, policies, and procedures.

(b)

Applicability.

(1)

A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this zoning code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this chapter, a "person with a disability" is any person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

(2)

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

(3)

A request for reasonable accommodation is granted only to the household unit that needs the accommodation and does not apply to successors in interest to the site.

(4)

A reasonable accommodation may be granted in compliance with this Section without the need for approval of a variance.

(c)

Procedure.

(1)

A request for reasonable accommodation shall be submitted on an application form provided by the community development department or in the form of a letter to the director of the community development department, and shall contain the following information:

a.

The applicant's name, address, and telephone number;

b.

The address of the property for which the request is being made;

c.

The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;

d.

The zoning code provision, regulation, or policy from which reasonable accommodation is being requested; and

e.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

(2)

If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by subsection (1) of this section for concurrent review with the application for discretionary approval.

(3)

A request for reasonable accommodation shall be reviewed by the director of the community development department and/or his/her designee, if no approval is sought other than the request for reasonable accommodation. The director and his/her designee shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

(4)

A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the planning commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the planning commission in compliance with the applicable review procedure for the discretionary review.

(d)

Approval findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on the consideration of the following factors:

(1)

Whether the housing in the request will be used by a person with a disability under the Acts;

(2)

Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;

(3)

Whether the requested reasonable accommodation would pose an undue financial, administrative, or enforcement burden to the city;

(4)

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;

(5)

Potential impact on surrounding areas;

(6)

Physical attributes of the property and structures; and

(7)

Other reasonable accommodations that may provide an equivalent level of benefit.

(e)

Conditions of approval. In granting a request for reasonable accommodation, the director of the community development department or his/her designee, or the planning commission as the case might be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also require that the accommodation be designed to be compliant with ADA standards subject to the issuance of a building permit.

(f)

Appeals.

(1)

Any person dissatisfied with any action of the director of community development department pertaining to this chapter may appeal to the planning commission within ten days after written notice of the director's decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the director of the community development department and shall specify the reasons for the appeal and the grounds asserted relief.

(2)

Any person dissatisfied with any action of the planning commission pertaining to this chapter may appeal to the city council within ten days after the rendition of the decision of the planning commission. The appeal is taken by filing a written notice of appeal with the director of the community development department and shall specify the reasons for the appeal and the grounds asserted for relief.

(3)

The city council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal should be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed has been paid.

(4)

If an appeal is not filed within the time frame of or in the manner prescribed by this section, the right to review of the action against which the complaint is made shall be deemed to have been waived.

(5)

After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date, and place of the hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least ten days prior to the hearing.

(6)

The planning commission or city council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.

(7)

At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof shall be provided to the appellant and the project applicant.

(Ord. No. 1172, § 1, 6-16-16)

Editor's note— Ord. No. 1172, § 1, adopted June 16, 2016, amended ch. 90 with the addition of § 90-899 to the Code. Inasmuch as there was already a section so designated, said section has been designated as § 90-900 at the discretion of the editor.

Sec. 90-901. - Off-street parking requirements—Electric vehicle charging stations.

The following off-street parking requirements shall apply to electric vehicle charging stations:

(1)

Consistent with Government Code §§ 65850.7 and 65850.71 and as amended, the building official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the governor's office of planning and research.

(2)

The city's adopted checklist, application form, and any associated documents required for application approval shall be published on the city's website.

(3)

Electrical vehicle charging stations shall meet the following requirements:

a.

Electric vehicle charging station equipment shall meet the requirements of the Cal. Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as underwriters laboratories, and rules of the public utilities commission or a municipal electric utility company regarding safety and reliability.

b.

Installation of electric vehicle charging stations and associated wiring, bonding disconnecting means, and overcurrent protective devices shall meet the requirements of Electrical Code Art. 625 and all applicable provisions of the Cal. Electrical Code.

c.

Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the Cal. Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

d.

Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the Cal. Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

e.

All electric vehicle charging stations shall meet all applicable health and safety standards and requirements, including but not limited to any requirements imposed by the state and the city, local fire department and utility director, the California Building Code, City of Sanger Zoning Ordinance, and Federal laws including the Americans with Disabilities Act.

(4)

Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

(5)

Consistent with Government Code § 65850.7, the building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentations. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

(6)

The building official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Review of a complete permit application shall be limited to the building official's review of whether it meets all health and safety requirements of local, state and federal law. Local law requirements shall be limited to those standards and regulations necessary to ensure there is no specific, adverse impact on public health or safety by the proposed installation.

(7)

A permit application that satisfies the information requirements in the city's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the city adopted checklist and is consistent with all applicable laws and health and safety standards, the building official shall, consistent with Government Code §§ 65850.7 and 65850.71, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(8)

It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official's authority to address higher priority life-safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this chapter, the city may require the applicant to apply for a use permit.

(9)

In the technical review of a charging station, consistent with Government Code §§ 65850.7 and 65850.71, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code § 4080.

(10)

General electric vehicle parking requirements—All vehicles:

a.

All electric vehicle parking spaces required under this section, including electric vehicle charging stations, shall be counted toward the off-street parking required by section 90-887 of this chapter and the accessible parking spaces, including electric vehicle charging spaces, shall be as required by the current California Building Code.

b.

Vehicle parking spaces required under this section, including electric vehicle charging stations, shall be clearly marked with both signage and pavement stencils, except that in private garages associated with

single-family, townhome, and accessory dwelling unit uses.

c.

Parking spaces required under this section, including electric vehicle charging stations, shall meet the dimensional standards of section 90-886 of this chapter. Electric vehicle charging equipment shall not reduce the size of the parking space.

(11)

Electric vehicle (EV) parking requirements for residential land uses.

a.

For one- and two-family dwellings and townhouses with attached private garages, each new dwelling unit, install two level 2 EV ready spaces. For dwelling units with only one parking space, install one level 2 EV ready space.

b.

New accessory dwelling units constructed on the lot are required to include the installation of two level 2 EV ready spaces. For accessory dwelling units with only one parking space, install one level 2 EV ready space.

c.

For multifamily buildings with less than or equal to 20 dwelling units, one parking space per dwelling unit with parking shall be provided with a level 2 EV ready space.

d.

When more than 20 multifamily dwelling units are constructed, 75 percent of the dwelling units with parking spaces shall be provided with at least one level 2 EV ready space spaces capable of supporting future electric vehicle supply equipment (EVSE). Calculations for the required minimum number of level 2 EV ready spaces shall be rounded up to the nearest whole number. In addition, each remaining dwelling unit with parking space(s) shall be provided with at least a level 2 EV capable circuit.

e.

Exceptions.

1.

Accessory dwelling units without additional parking facilities are not required to comply with section 90887(15)(a).

2.

Spaces accessible only by automated mechanical car parking systems are excepted from providing EV charging infrastructure.

(12)

Electric vehicle parking requirements for nonresidential land uses.

(13)

Office buildings. In buildings designated primarily for office use, when ten or more parking spaces are constructed, 20 percent of the available parking spaces on site shall be equipped with a level 2 electric vehicle charging station (EVCS). An additional 30 percent shall be at least level 2 EV capable. Calculations for the required minimum number of spaces equipped with level 2 EVCS, level 2 EV ready spaces and EV capable spaces shall all be rounded up to the nearest whole number.

(14)

Service stations. New and remodeled service stations shall be equipped with one level 3 EVCS per every three fueling pumps. Calculations for the required minimum number of spaces equipped with level 3 EVCS shall all be rounded up to the nearest whole number.

(15)

Other nonresidential buildings. In nonresidential buildings that are not designated primarily for office or gas station use, such as hotel, retail, industrial, or public and institutional uses, when ten or more parking spaces are constructed, 15 percent of the available parking spaces on site shall be equipped with level 2 EVCS. Calculations for the required minimum number of spaces equipped with level 2 EVCS, level 2 EV ready spaces and EV capable spaces shall all be rounded up to the nearest whole number.

(16)

Exceptions:

a.

Institutional uses. At the discretion of the zoning administrator, modified EV parking requirements may be permitted for institutional uses on a case-by-case basis if compelling reasons exist for reduced or modified EV parking, depending on the circumstances for the particular use.

(17)

Electric vehicle parking requirements for mixed use developments shall comply with the applicable residential and nonresidential requirements specified above in accordance with the square footage and number of parking spaces by land use type.

(18)

Technical requirements. Raceways for electric vehicle charging spaces are required to be installed at the time of construction and shall be installed prior to occupancy/operation in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:

a.

Type and location of the EVSE:

1.

The raceway(s) shall originate at a service panel, or a subpanel(s) serving the area and shall terminate near the proposed location of the charging equipment and into listed suitable cabinet(s), box(es), enclosure(s) or equivalent.

2.

Electrical calculations shall substantiate the design of the electrical system, to include the rating of equipment and any on-site distribution transformers and have sufficient capacity to simultaneously charge all required EVCS at its full rated amperage.

3.

The service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.

4.

Electric vehicle charging stations shall be equipped with electrical outlets, and may also be equipped with card readers, controls, connector devices and other equipment as necessary for use. Electric cords shall not cross a pathway. All such equipment shall comply with the building regulations in title 24, including all applicable provisions of the California Green Building Standards Code pertaining to electric vehicle charging.

(Ord. No. 2024-02, § 3, 4-4-24)

(a)

Purpose. The purpose of this section is to implement the applicable state regulations in a manner that allows for the establishment of residential care facilities while preserving the character of the zone in which the uses are located. To protect the public health, safety and welfare, to preserve and protect the integrity of residential neighborhoods, and to ensure this code does not act as a disincentive to or unreasonably restrict the development of residential care facilities residential care facilities shall be assessed, allowed and developed in accordance with the standards set forth in this section.

(b)

Permitted zones.

(1)

Large licensed residential care facilities shall be considered a residential use of property and shall be permitted with a conditional use permit in all zones permitting residential uses in the City of Sanger, subject to the requirements of sections 90-998 through 90-1001.

(2)

A large licensed residential care facility that also qualifies as supportive housing or transitional housing shall be subject only to those restrictions and development standards that apply to other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone. Notwithstanding the previous sentence, if the facility qualifies as "supportive housing" as defined in Government Code Section 65650 (which has a different definition of "target population" than the definition in section 90-54, then the facility shall be a use by-right in all zones where multifamily and mixed uses are permitted and shall be processed as required by Government Code Sections 65650, et seq.

(3)

Small licensed residential care facilities and unlicensed residential care facilities shall be considered a residential use of property. Small residential care facilities, licensed, and unlicensed residential care facilities are permitted uses in all zones permitting residential uses in Sanger subject to compliance with the restrictions and development standards for other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone.

(c)

Development standards. The following development standards shall apply to a large licensed residential care facility:

(1)

Development standards. Unless otherwise indicated below, the large residential care facility must conform to the development standards for the zoning classification in which it is located.

(2)

Accessory dwelling units. The large licensed residential care facility shall not be located in an accessory dwelling unit unless the primary dwelling unit is used for the same purpose.

(3)

Kitchens. The large licensed residential care facility must provide either of the following:

a.

Congregate dining facilities; or

b.

Kitchens in individual units.

(4)

Landscaping. The large licensed residential care facility shall provide minimum landscaped areas in accordance with the landscaping standards for the zoning classification in which it is located.

(5)

Signs. The large licensed residential care facility shall comply with the provisions of section 90-891 (Signs).

(6)

Lighting. The large licensed residential care facility shall comply with the provisions of the lighting standards for the zoning classification in which it is located. Security night lighting must be shielded so that the light source cannot be seen from adjacent residential properties.

(7)

Parking. The large licensed residential care facility shall provide one off-street automobile parking space per the greatest number of employees on duty at any one time, as well as a minimum of one off-street automobile parking space for every ten residents for visitors.

(8)

Common areas and open space. The large licensed residential care facilities shall include at least 350 square feet of indoor or outdoor common areas or open space, plus five square feet per resident. The common area(s) or open space shall be furnished. Appropriate furnishings for indoor spaces include, but are not limited to, such items as lounge chairs, couches, tables with chairs, writing desks, and televisions. Outdoor furnishings include but are not limited to such items as outdoor benches, tables with chairs, barbeques, and shade coverings like arbors, patio covers, garden shelters or trellises. A central dining room shall be provided. The size of the room shall be sufficient to accommodate all of the residents. The minimum room size shall be the product of the proposed maximum number of residents in the facility multiplied by five square feet per resident; however, in no instance shall the central dining room be less than 350 square feet.

(9)

Management. The large licensed residential care facilities shall have either:

a.

A manager who resides on-site; or

b.

A number of persons acting as a manager who are either present at the facility on a 24-hour basis or who will be available 24 hours a day, seven days a week to physically respond within 45 minutes notice and who are responsible for the day-to-day operation of the facility. The provisions of this section shall be superseded by any management requirements imposed on the large licensed residential care facilities pursuant to state law.

(10)

Security. A designated area for on-site personnel shall be located at the main entrance to the facility for the purpose of controlling admittance to the facility and providing security. Emergency contact information shall

be posted on the exterior of the facility adjacent to the main entrance, as well as on the interior in a location accessible to all residents.

(11)

Personal storage. Each resident of the large licensed residential care facility shall be provided with at least one private storage area or private closet, with a lock or other security mechanism, in which to store their personal belongings.

(d)

Application procedures. The application for a large licensed residential care facility shall be submitted and processed in accordance with the requirements for residential developments in the zone in which the large licensed residential care facility is proposed, and with the requirements outlined in sections 90-998 through 90-1001. In addition, the application for a large licensed residential care facility shall include the following:

(1)

Applicant information. The name and address of the applicant, including the name and address of the lessee, if the property is to be leased by someone other than the applicant; and the name and address of the owner of the property for which the conditional use permit is requested. If the applicant and/or lessee or owner is a partnership, corporation, firm, or association, then the applicant/lessee shall provide the additional names and addresses as follows and such persons shall also sign the application:

a.

Every general partners of the partnership;

b.

Every owner with a controlling interest in the corporation; or

c.

The person designated by the officers of the corporation as set forth in a resolution of the corporation that is to be designated as the permit holder for the use permit.

(2)

Owner authorization. If the operator of the large licensed residential care facility is not the legal owner of the property, the operator shall provide written documentation evidencing the owner's authorization and approval to operate the large licensed residential care facility at the property.

(3)

Parcel information. The zoning and general plan designations and assessor's parcel number(s) of the site on which the large licensed residential care facility is proposed.

(4)

Project description. A narrative project description of the large licensed residential care facility that summarizes the proposed use and its purpose.

(5)

Plan, building diagram, and floor plan. A preliminary site plan, drawn to scale, showing the facility's building footprint and property lines as well a diagram intended to show:

a.

All building(s) to be occupied, including a floor plan for all rooms intended for residents' use indicating the number of residents per bedroom, the location and number of beds for all residents; and

b.

On-site parking, including designations of staff and visitor parking.

(6)

Facility users. The projected number and types of users of the facility, including but not limited to, residents, staff, clients, visitors, and students.

(7)

Transportation and parking. Expected parking demand and vehicular use and the availability of and proximity to public transportation or other means to transport facility users.

(8)

Management plan. A comprehensive management plan, which shall include, at a minimum, the following:

a.

Detailed information on property management policies and operations, including information regarding maintenance and repairs;

b.

An explanation of how the large licensed residential care facility, intends to meet the requirements of subsection (3)(9) of this section;

c.

An explanation of how the large licensed residential care facility, intends to meet the requirements of subsection (3)(10) of this section;

d.

A copy of the large licensed residential care facility's written resident intake procedures, including rental procedures and rates;

e.

A copy of the large licensed residential care facility's written termination and eviction procedures;

f.

A copy of the large licensed residential care facility's resident and guest rules; and

g.

If applicable, the large licensed residential care facility's plan for disposing of medical waste or other biowaste.

(9)

Licensing. Proof of all required licensing from the California Department of Social Services, the California Department of Health and Human Services, the California Department of Health Care Services, or other applicable regulatory agency, along with a license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefore.

(10)

Similar facilities. A list of addresses of all other licensed facilities for which a conditional use permit is requested in the State of California owned or operated by the applicant(s) within the past five years and whether such facilities have been found by state or local authorities to be operating in violation of state or local law.

(11)

Project review. The planning commission shall review an application for the large licensed residential care facility and shall approve, conditionally approve, or disapprove of the application for the large licensed residential care facility. The decision of the planning commission shall be final unless appealed to the city council within the timeframes set forth in the Sanger Municipal Code.

(12)

Findings and decision. The planning commission shall only approve an application for a large licensed residential care facility if the planning commission makes all of the findings required pursuant to sections 90-998 through 90-1001 and conforms with all provisions of this section.

(13)

Design review. The large licenses residential care facility shall require design review approval, pursuant to the city's single-family residential design guidelines for the zoning classification in which it is located, prior to issuance of a building permit.

(Ord. No. 2025-04, § 4(Exh. A, § 14), 5-15-25)

Sec. 90-903. - Transitional and supportive housing.

(a)

Supportive and transitional housing, generally. Pursuant to California Government Code Section 65583(c) (3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.

(b)

Supportive housing, up to 50 units. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zoning districts where multi-family and mixed use residential development are permitted provided the development satisfies all of the following requirements:

(1)

All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.

(2)

One hundred percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code.

(3)

At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

(4)

The developer shall provide the information required by California Government Code Section 65652 to the Planning & Economic Development.

(5)

Nonresidential floor area shall be used for onsite supportive services in the following amounts:

a.

For a development with 20 or fewer total units, at least 90 square feet shall be provided for on site supportive services.

b.

For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to,

community rooms, case management offices, computer rooms, and community kitchens.

(6)

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.

(7)

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

(8)

Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:

a.

The owner demonstrates that it has made good faith efforts to find other sources of financial support.

b.

Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.

c.

Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

(Ord. No. 2025-04, § 4(Exh. A, § 14), 5-15-25)

Sec. 90-904. - Employee housing (for farmworkers).

(a)

Six or fewer employees. Employee housing providing accommodations for six or fewer employees shall be deemed to be a single-unit structure with a residential land use and shall be treated the same as a single unit dwelling of the same type in the same zoning district.

(b)

Districts where agriculture uses are allowed. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.

(c)

Streamlined approval for agricultural employee housing developments. To be eligible for streamlined approval under this section, an agricultural employee housing development must meet all of the following requirements:

(1)

The development must be located on land designated as agricultural in the City of Sanger General Plan.

(2)

The development must be 12 units or less.

(3)

The development must not be located in any of the following areas:

a.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

b.

A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code.

c.

A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356.

d.

A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist.

e.

A flood plain as determined by maps promulgated by the Federal Emergency Management Agency.

(4)

The development must meet all applicable requirements of the City of Sanger Municipal Code, including but not limited to the following:

a.

The development must have adequate water and wastewater facilities.

b.

The development must comply with all applicable zoning and land use regulations.

c.

The development must comply with all applicable building and safety codes.

(Ord. No. 2025-04, § 4(Exh. A, § 14), 5-15-25)

Secs. 90-905—90-920. - Reserved.

DIVISION 3. - NONCONFORMING BUILDINGS, STRUCTURES AND USES

Sec. 90-921. - In general.

(a)

A nonconforming use is one which was lawfully established and maintained prior to the adoption of this chapter, but which under this chapter does not conform with the use regulations of the district in which it is located.

(b)

A nonconforming building or structure is one which was lawfully erected prior to the adoption of this chapter, but which under this chapter does not conform with the conditions of lot coverage, yard spaces, building height, space between buildings, or other standards prescribed in the regulations for the district in which the structure is located.

Sec. 90-922. - Use of nonconforming sites.

Except as otherwise provided in this division a site having an area, frontage, width or depth less than the minimum prescribed for the zone in which the site is located, as depicted on a duly approved and recorded subdivision map, or a site for which a deed or valid contract of sale was recorded prior to the adoption of this chapter, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, such sites may be used for any permitted use, but shall be subject to all other regulations for the zone in which the site is located.

Sec. 90-923. - Nonconforming uses and structures—Basis for existence; continuation and maintenance.

(a)

Basis for existence:

(1)

A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this chapter but which, under this chapter, does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement and their reestablishment after abandonment and by prohibiting the alteration of the structures they occupy and their restoration after destruction.

(2)

A nonconforming structure is a structure which was lawfully erected prior to the adoption of this chapter but which, under this chapter, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this chapter and by prohibiting their restoration after destruction.

(b)

Continuation and maintenance:

(1)

The use lawfully occupying a structure or a site on October 5, 1982, or the effective date of amendments to this chapter which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued as provided in this division.

(2)

A structure lawfully occupying a site on October 5, 1982, or the effective date of amendments to this chapter which does not conform with the standards of coverage, front yard, side yards, rear yard, or distances between structures prescribed in the regulations for the district in which the structure may be used and maintained as provided in this section.

(3)

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a nonconforming structure.

(a)

Alterations and additions to nonconforming uses. Except as provided in this division, no structure, the use of which is nonconforming, shall be moved, altered or enlarged unless required by lease or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

(b)

Alterations and additions to nonconforming structures. No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front yard, side yards, rear yard, height of structure or distances between structures prescribed in the regulations for the district in which the structure is located, subject to section 90-1008, minor deviations.

Sec. 90-925. - Same—Change of use.

Except as otherwise prescribed in this division, the nonconforming use of a structure or site may be changed to another nonconforming use provided that the change of use is approved by the planning commission in accordance with the following procedure:

(1)

Application for a change of use shall be made to the commission on a form prescribed by the commission which shall include the following data:

a.

Name and address of the applicant.

b.

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

c.

Address or description of the property.

d.

Statement of the precise nature of the existing or pre-existing nonconforming use and the proposed nonconforming use and any other data pertinent to the findings prerequisite to the granting of an application prescribed in subsection (3) of this section.

The application shall be filed with the planning commission. The commission shall give notice to the applicant of the time when the application will be considered, and may give notice of the time to any other interested party.

(2)

The planning commission may hold a public hearing on an application for a change of use. Notice of the hearing shall be given in the manner prescribed by sections 90-998 through 90-1001.

(3)

The planning commission may grant an application for a change of use if, on the basis of the application and the evidence submitted, the commission makes the following findings:

a.

That the proposed use is classified in a more restricted category than the existing or preexisting use by the district regulations of this chapter. The classification of a nonconforming use shall be determined on the basis of the district in which it is first permitted, provided that a conditional use shall be deemed to be in a less restrictive category than a permitted use in the same district.

b.

That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(4)

The planning commission may grant an application for a change of use for a limited time period or subject to such conditions as the commission may prescribe. The commission may deny an application for a change of use.

(5)

An action of the planning commission granting an application for a change of nonconforming use shall become null and void 180 days following the date of action unless, prior to the expiration of 180 days, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site which was the subject of the application. The action of the commission may be extended for an additional 180 days if, before the expiration of the original application, an application to continue the action in effect is made to the commission. The commission may grant or deny an application to continue its action in effect.

(6)

An action of the planning commission granting an application for a change of nonconforming use subject to a condition or conditions shall be revoked by the commission if the condition or conditions are not complied with within one year after the date of approval or extension.

(7)

Following the date of denial of an application for a change of nonconforming use or revocation of an action of the planning commission granting an application, no application for the same or substantially the same structure or on the same or substantially the same site shall be filed within six months of denial of the application or revocation of the action of the commission.

Sec. 90-926. - Same—Abandonment of nonconforming use; restoration of damaged structure.

(a)

Abandonment of nonconforming use. Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of 12 months, the nonconforming use shall not be reestablished and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

(b)

Restoration of damaged structure. Whenever a nonconforming use or a nonconforming structure shall be damaged or destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of less than 75 percent, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. Except as hereinafter

provided, whenever a nonconforming use or a nonconforming structure shall be damaged or destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of 75 percent or more, or

shall be voluntarily razed or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. The extent of damage to any structure shall be determined by the building official.

(c)

Exception. Whenever a nonconforming residential use or structure within the M-H heavy/industrial district shall be damaged or destroyed by fire or other calamity, or by an act of God or by the public enemy, the nonconforming residential structure or use may be restored and/or resumed, provided that all necessary permits to restore the structure are secured within one year of the date of destruction and restoration of the structure is diligently pursued to completion.

(Ord. No. 901, § 1, 11-18-93)

Sec. 90-927. - Same—Elimination of nonconforming uses; time when use or structure becomes nonconforming.

(a)

Elimination of nonconforming uses.

(1)

The following nonconforming uses and structures shall be discontinued and completely removed or altered and converted to a conforming status within five years after October 5, 1982:

a.

A nonconforming use which does not occupy a structure.

b.

A nonconforming use occupying a structure having an assessed valuation of less than $100.00.

(2)

Uses permitted only in a C or M district which are located in an R or RM district shall be completely removed or altered and converted to a conforming status in accordance with the following schedule:

The period of amortization shall begin on the date of use first became nonconforming on or after October 5, 1982. The time schedule is deemed to provide for the amortization of the affected uses. When the nonconforming use is removed, at or before the end of the amortization period, every future use shall be in conformity with the provisions of this chapter. Repairs necessary to maintain a nonconforming use, and minor alterations not exceeding an assessed valuation of $250.00, shall not be construed as lengthening the amortization period set forth by this section.

(b)

Time when use or structure becomes nonconforming. Whenever a use or structure becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed in this section for the elimination of the use shall be computed from the effective date of the change of district or regulations.

Sec. 90-928. - Nonconforming fences, hedges and walls; nonconforming off-street parking and loading spaces.

(a)

Nonconforming fences, hedges and walls. Fences, hedges and walls which do not conform to the corner cut-off provision of this chapter shall, within five years after October 5, 1982, be removed or made to conform.

(b)

Nonconforming off-street parking and loading spaces. No existing use of land or structure shall be deemed to be a nonconforming use solely because of the lack of off-street parking facilities or off-street loading facilities prescribed in this chapter provided that facilities being used for off-street parking and off-street loading on October 5, 1982, shall not be reduced to less than the minimum standards prescribed in this section. Where an existing use is expanded, the parking requirements of this chapter shall apply only to the addition.

Sec. 90-929. - Nonconforming uses, buildings and structures under variance, special or conditional use permit; merger of nonconforming lots.

(a)

Nonconforming uses, buildings and structures under variance, special or conditional use permit. Those nonconforming uses, buildings, and structures which are existing or authorized under a variance, special or conditional use permit granted under this chapter or any previous ordinance shall be permitted to continue under the conditions and regulations imposed in the permit or variance.

(b)

Merger of nonconforming lots. Two or more contiguous parcels or units of land which have been created under the laws of the state or any prior law regulating the division of land, or a local ordinance enacted pursuant thereto or where not subject to such provisions at the time of their creation, are merged if any one or more of such contiguous parcels or units held by the same owner does not conform to standards for

minimum parcel size of the city to permit use or development under a zoning, subdivision or other ordinance of the city and at least one of such contiguous parcels or units is not developed with a building for which a permit has been issued by the city or which was built prior to the time such permits were required by the city.

Residential zoned parcels or units shall, for the purpose of this section, be considered as conforming if there is a minimum frontage on a public road, street or highway of not less than 50 feet and a total square footage of area not less than 6,000 square feet. If such common ownership exists of sufficient contiguous nonconforming parcels or units to create two or more parcels or units meeting minimum conformance requirements as set forth in this section, such common owner or owners may request the appropriate number of minimum conformance parcels or units by filing a tentative map with the city planning department and if approved as to sufficiency and technical adequacy by the city planner, the notice recorded by the city as to such merger will reflect the new parcels or units which thereafter will be considered conforming for the purposes of this section.

Secs. 90-930—90-960. - Reserved.

DIVISION 4. - CERTIFICATES OF OCCUPANCY

Sec. 90-961. - Purpose; contents; record.

The following uses shall apply to all buildings and uses:

(1)

For use of buildings. No building hereafter erected, moved, enlarged or altered shall be occupied, used, or changed in use until after a certificate of occupancy shall have been issued by the building inspector. Such certificate shall be applied for coincident with the application for a building permit and shall be issued only after such building, enlargement or alteration has been completed in conformity with the provisions of this chapter and with an approved site plan and any required conditions, and when the proposed use conforms to this chapter and any required conditions.

Any use legally occupying an existing building on October 5, 1982, may be continued but shall not be changed unless a certificate of occupancy for the new use shall have been issued by the building inspector after finding that such use conforms to this chapter and any required conditions.

(2)

Contents of certificates. The certificate of occupancy shall state that the building or proposed use of a building or land has complied with all laws and ordinances, including the provisions of this chapter, and with an approved site plan and any conditions required by the commission or council, relative to the proposed building or use.

(3)

Record. A record of all certificates of occupancy shall be kept by the building inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the subject building, use or land.

Secs. 90-962—90-990. - Reserved. ARTICLE XXIV. - PROCEDURES APPLIED TO ZONING

Sec. 90-991. - Classification of permitted uses, interpretations and clarifications of ambiguity—Purpose; initiation.

(a)

Purpose. The following procedure shall be utilized to add or classify a use as permitted or permitted subject to a conditional use permit in an open space, urban reserve, commercial or industrial district of this chapter when the use is not specifically listed as permitted or permitted subject to a conditional use permit in a district. The following procedure shall also be utilized to clarify or interpret this chapter in any of the following cases, or for other purposes as may be specified in this chapter:

(1)

If ambiguity exists with reference to any of the property development standards of this chapter.

(2)

If uncertainty exists with reference to the boundary of a zoning district.

(3)

If ambiguity or uncertainty arises as to the meaning of any word or provisions contained in this chapter.

(b)

Initiation. A request to classify a use or for a clarification or interpretation of this chapter may be initiated in any of the following manners:

(1)

By the verified application of any interested person or persons.

(2)

By resolution of intention adopted by the commission.

(3)

By resolution of intention adopted by the council, which resolution shall be referred to the commission for action.

Sec. 90-992. - Same—Planning commission consideration and decision; findings.

(a)

Planning commission consideration and decision.

(1)

The commission by written resolution may approve, modify or disapprove an application. The resolution shall describe the basis for the decision including, in the case of applications to classify a use, whether or not the findings set forth in subsection (b) of this section have been made.

(2)

The commission shall have 40 days after receipt of a completed application to render its decision on the application.

(3)

A decision to approve an application must be carried by a majority of the full membership of the commission.

(4)

A decision of the commission shall be final unless appealed to the council in accordance with the procedure specified in subsection 90-993(a), or unless the decision was to approve with modifications or disapprove an action initiated by resolution of intention of the council, in which case the decision of the commission shall be considered advisory and shall be transmitted to the council for final action in accordance with the procedure specified in subsection 90-993(a).

(5)

The commission shall cause a copy of its resolution to be mailed to the applicant and the council within ten days from the date of adoption thereof.

(6)

No building permit or business license shall be issued for a use that has been classified by the commission or where the issuance of the permit or license is dependent or based upon an interpretation made by the commission until ten days after the classification or interpretation has been made by the commission and then only if the decision of the commission has not been appealed to the council.

(b)

Findings. In classifying an unlisted use as permitted or permitted subject to a conditional use permit, the commission shall first make a finding that all of the following conditions exist:

(1)

That the subject use is compatible with the intent of the district in which the use is proposed.

(2)

That the use has the same basic operational characteristics as the uses permitted or conditionally permitted.

(3)

That the use can be expected to conform with the property development standards and performance standards prescribed for the district.

(4)

That the use will not be detrimental to the public health, safety or welfare.

(5)

That the use will not conflict with any goals, objectives, or policies of the city general plan.

Sec. 90-993. - Same—Appeal to city council; effect of determination.

(a)

Appeal to the city council.

(1)

In case the applicant is not satisfied with the action of the commission, he may within ten days after the date of mailing as shown by the postmark on the resolution mentioned in subsection 90-992(a)(5), or within ten days after the expiration of the 40-day period mentioned in subsection 90-992(a)(2), file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the evidence in the record.

(2)

In case any party other than the applicant is not satisfied with the action of the commission, he may within ten days after the date of adoption of the resolution of the commission or within ten days after the expiration of the 40-day period mentioned in subsection 90-992(a)(2) file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(3)

The council shall set a date on which the appeal will be considered. The date for consideration of the appeal shall not be more than 40 days from the date on which the appeal was filed.

(4)

Notice shall also be given to the commission of such appeal, and the commission shall submit a report to the council setting forth the reasons for its action or shall be represented at the meeting at which the appeal is considered.

(5)

The council may affirm, reverse or modify a decision of the commission; provided, however, that if a decision denying an application to classify a use is reversed or a decision approving an application to

classify a use is modified, the council shall on the basis of the record transmitted and such additional evidence as may be submitted as prescribed in subsection 90-992(b).

(6)

The council shall render its decision by resolution within 40 days of filing of an appeal. Failure of the council to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute a denial of the appeal.

(7)

The council shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption thereof.

(8)

A decision of the council shall be final and shall have immediate effect.

(b)

Effect of determination. Uses classified pursuant to this section shall be regarded as listed uses. The city clerk shall maintain an up-to-date list of all such classifications which have been made.

Sec. 90-994. - Amendments—Purpose; initiation of amendments; notices of hearings.

(a)

Purpose. The following procedure shall be utilized to amend the provisions of this chapter, including the official zoning map.

(b)

Initiation of amendments.

(1)

Amendments to the provisions of this chapter may be initiated in any of the following manners:

a.

By the verified application of any interested person or persons.

b.

By a resolution of intention adopted by the commission.

c.

By a resolution of intention adopted by the council, which resolution shall be referred to the commission for hearing.

(2)

Upon the filing with the director or adoption by the commission of any such application or resolution, the commission shall hold a public hearing thereon and such additional public hearings as the commission deems necessary.

(3)

The director shall set the time and place for such hearing, which shall be held not less than ten nor more than 40 days following the filing with the commission of such application or resolution.

(c)

Notices of hearings.

(1)

For the purposes of this section, any amendment to the provisions of this chapter which is for the purpose of changing particular property from one zoning district to another, or changing the boundary of any particular zoning district, shall be referred to as a "change of zoning district amendment," and all other amendments to the provisions of this chapter shall be referred to as a "general amendment."

(2)

Notice of the time and place of any public hearing on the matter of any general amendment shall be given by the director by at least one publication in a newspaper of general circulation, published and circulated in the city, not less than ten calendar days prior to such hearing and by such other means as the director may deem necessary or desirable. The notice shall contain a general explanation of the matter to be considered and a general description of the area or areas affected by the general amendment.

(3)

Notices of changes of zoning district amendments. Notice of the time and place of any public hearing on the matter of a change of zoning district amendment shall be given by the director by mailing in the United States mail a written notice thereof, not less than ten calendar days prior to such hearing, to all persons, including businesses, corporations or other public or private entities, whose names and addresses appear on the latest equalized assessment roll as owning real property within the territory covered by such proposed change and within 300 feet of the outer boundaries thereof. If the number of properties to be noticed under this requirement exceeds 300, the city, in lieu of a notice that is mailed or delivered, shall provide written notice to the property owner, and (i) provide a notice by placing a display notice of at least one-eighth page in at least one newspaper of general circulation at least ten calendar days prior to such a hearing and (ii) provide notice by posting a notice of the public hearing notice on the city's website. The notice shall contain a general explanation of the matter to be considered and a general description of the area affected by the change of zoning district amendment.

(Ord. No. 2022-09, § 2, 11-2-22)

Sec. 90-995. - Same—Commission hearing: Conduct.

(a)

The public hearings provided for in this section shall be held at the time and place for which such hearings were set and notices thereof given.

(b)

Any such hearing may be continued by the majority of the members present at any hearing, who may fix a time and place to which such hearing may be continued, even in the absence of a quorum, prior to the conclusion of the hearing, the time and place to which the hearing is to be continued and no further notice shall be required. In the absence of all of the members of the commission at the time and place for which such hearing was set, it shall be deemed continued to the next regular meeting of the commission, and no further notice shall be required.

(c)

A majority in number of the total voting membership of the commission shall constitute a legal quorum for the purposes of conducting such hearing.

(d)

The recommendation of the commission on any change of zoning district or general amendment shall be by a resolution of the commission, carried by the affirmative votes of not less than a majority of its total membership. A tie vote shall be considered a technical denial.

(e)

The commission shall have the authority to establish any reasonable rules of procedure for the conduct of such hearing. The commission may require any person who is to testify before it to be placed under oath, in which case the member presiding at such hearing shall be empowered to administer such oath.

(f)

The commission may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigations may be made by a committee of one or more members of the commission, or by the members of its staff, or by its agents or employees. The facts established by such investigations shall be submitted to the commission, either in writing to be filed with the records of the matter, or in testimony before the commission, and may be considered by the commission in making its decision.

(g)

The commission shall cause a written summary of all pertinent testimony heard at such public hearing, together with a record of the names and addresses of all persons testifying, to be prepared and filed with the papers relating to such matter.

Sec. 90-996. - Same—Commission hearings: Decisions; appeals.

(a)

Commission hearings: Decisions.

(1)

Within 40 days after the conclusion of a public hearing to consider a change of zoning district or general amendment, the commission, by written resolution, shall make its recommendation to the council to approve, modify, disapprove, or disapprove without prejudice the amendment, including its reasons for the recommendations, and the relationship of the proposed amendment to applicable general and specific plans.

a.

For amendments initiated by application, failure of the commission to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute a denial of the application.

b.

For amendments initiated by resolution of intention of the commission or council, failure of the commission to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute a recommendation of approval of the proposed amendment.

(2)

Within ten days of adopting a resolution on a change of zoning district or general amendment, the commission shall cause a copy of its resolution to be mailed to the applicant and to be forwarded to the council; provided, however, in the case of change of zoning district amendments initiated by application, the recommendation of the Commission to deny an application shall constitute a final decision and shall not be forwarded to the council unless an appeal is filed in accordance with the procedure set forth in subsection (b) of this section.

(b)

Commission decision: Appeals.

(1)

When a change of zoning district amendment is initiated by an application, if the commission recommends against adoption of the amendment, its decision may be appealed to the council as follows:

a.

The applicant, or any of the applicants, within ten days after the date of mailing as shown by the postmark of the resolution mentioned in subsection (a)(2) of this section, or within ten days after the expiration of the 40-day period set forth in subsection (a)(1) of this section, may file in writing with the city clerk an appeal from the decision of the commission.

b.

Any interested person, other than the applicant, within ten days after the expiration of the 40-day period set forth in subsection (a)(1) of this section may file in writing with the city clerk an appeal from the decision of

the commission.

(2)

If no appeal is filed within the time allowed by the provisions of this section, the denial by the commission in a matter initiated by an application shall be deemed final.

(3)

On the filing with the city clerk of an appeal, a public hearing shall be held thereon by the council, which hearing shall be set, and notice thereof given, and decided substantially in the same manner as set forth in subsection 90-994(c).

(4)

Notice shall also be given to the commission of such appeal, and the commission shall submit a report to the council setting forth the reasons for its action or shall be represented at the meeting at which the appeal is considered.

Sec. 90-997. - Same—Council hearings; new applications; mappings.

(a)

Council hearings.

(1)

Following the receipt of the recommendation of the commission on a change of zoning district or general amendment, the city clerk shall set a time and place for a hearing on the matter, which hearing shall be held not less than ten nor more than 40 days following such receipt; provided, however, in matters initiated by a resolution of the council upon which the recommendation or report of the commission has been unfavorable, the council may determine to take no further action.

(2)

Notice of the time and place of such hearing shall be given in the same manner as set forth in subsection 90-994(c).

(3)

Within 40 days after the conclusion of the public hearing thereon, the council, by ordinance, shall make its findings and decision whether or not to approve, modify, disapprove or disapprove without prejudice the recommendation of the commission on the amendment, provided that any modification of the amendment by the council not previously considered by the commission during its hearing shall first be referred to the commission for report and recommendation, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to report within 40 days after the reference shall be deemed approval of the proposed modification. In matters initiated by an application, the failure of the council to make its decision within 40 days after the conclusion of its public hearing shall be deemed to constitute a denial.

(4)

The action of the council on such change of zoning district or general amendment shall be final.

(b)

New applications. Following the denial of a change of zoning district or general amendment application, no application for the same or substantially the same zone change or general amendment shall be filed within one year from the date of denial of the zone change or general amendment, unless the denial was without prejudice.

(c)

Mapping. Within ten days of approval of a change of zoning district amendment by the council, the director shall indicate the change on the official zone map.

Sec. 90-998. - Conditional use permits—Purpose; application; public hearing.

(a)

Purpose. Certain uses are permitted, subject to the granting of a conditional use permit in all or certain districts. Because of their unusual characteristics, or the special attributes of the area in which they are to be located, conditional uses require special consideration so that they may be properly located with respect to the objectives of this chapter and their effect upon surrounding properties.

(b)

Application for conditional use permit. An application for a conditional use permit shall be filed with the director on a form prescribed by the commission which shall include the following information:

(1)

Name and address of the applicant.

(2)

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

(3)

Address and legal description or the assessor's parcel number of the property.

(4)

The application shall include an accurate scale drawing of the site and improvements proposed. The drawing must be adequate to enable the commission to determine the compliance of the proposal with the requirements of this chapter.

(5)

Any other data pertinent to the findings prerequisite to the granting of a conditional use permit that may be required by the city or submitted by the applicant.

(c)

Planning commission public hearing.

(1)

A public hearing shall be held by the commission not less than ten nor more than 60 days after the filing of a complete application for a conditional use permit, notice of which shall be given in the manner prescribed in subsection 90-994(c)(3).

(2)

At the public hearing, the commission shall review the application and the statement and drawing submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in section 90-999.

(3)

The public hearing shall be conducted in accordance with the rules and procedures specified in section 90995.

(Ord. No. 824, § 1, 4-18-89; Ord. No. 950, § 23, 5-16-96)

Sec. 90-999. - Same—Findings and conditions.

The planning commission, before granting a conditional use permit, shall make all of the following findings:

(1)

That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this chapter to adjust the use with land and uses in the neighborhood.

(2)

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

(3)

That the proposed use will have no adverse effect upon adjoining or other properties. In making this determination, the commission shall consider the proposed location of improvements on the site; vehicular ingress, egress and internal circulation; setbacks; height of buildings; walls and fences; landscaping; outdoor lighting; signs; and such other characteristics as will affect surrounding properties.

(4)

That the proposed use is consistent with the objectives and policies of the city general plan.

(5)

That the conditions of approval are necessary to protect the public health, safety and general welfare. Conditions may include the following:

a.

Requiring special yards, spaces and buffers.

b.

Requiring fences and walls.

c.

Requiring enclosure of storage areas and limitation on out of door display of merchandise.

d.

Regulation of grading, surfacing, and drainage improvements.

e.

Regulation of points of vehicular ingress and egress.

f.

Regulation of signs.

g.

Requiring landscaping and maintenance thereof.

h.

Requiring maintenance of grounds.

i.

Requiring fire prevention equipment and measures.

j.

Regulation of noise, vibration, odors, etc.

k.

Regulation of time, hours of days of operation, for certain activities.

l.

Establishing a time period within which the proposed use shall be developed. See subsection 90-1001(a).

m.

Regulation of the time period for which the use permit will be valid and the use may be operated. See subsection 90-1001(b).

n.

Regulation of lighting.

o.

Requiring a bond or deposit of money to assure faithful compliance and performance on the part of the applicant for the completion of street improvements and other facilities or the removal of such facilities.

p.

Requiring street dedications and improvements, subject to the provisions of subsection 90-1011(c).

q.

Requiring site plan review for a use, building or structure.

r.

Such other conditions as will facilitate development of the city in an orderly and efficient manner and in conformity with the policies and requirements set forth in this chapter and in the city general plan.

(Ord. No. 824, § 1, 4-18-89)

Sec. 90-1000. - Same—Planning commission action; appeal to city council.

(a)

Planning commission action.

(1)

The commission, by written resolution, may approve, approve with stated conditions, disapprove, or disapprove without prejudice a conditional use permit application. The resolution shall describe the basis for the decision, including whether or not the findings set forth in section 90-999, have been made.

(2)

The commission shall have 40 days after the conclusion of a public hearing to render its decision on a conditional use permit application. Failure of the commission to adopt a resolution within the aforementioned 40-day period shall be deemed a denial of the application.

(3)

The decision of the commission shall be final unless it is appealed to the council in accordance with the procedure specified in subsection (b) of this section.

(4)

The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the date of adoption thereof.

(5)

No building permit or business license shall be issued where a conditional use permit has been approved or conditionally approved by the commission until ten days after such permit has been granted, and then only in accordance with the terms and conditions of the approval and if no appeal has been filed pursuant to the procedures specified in subsection (b) of this section.

(b)

Appeal to the city council.

(1)

The applicant may, within ten days after the date of mailing, as shown by the postmark of the resolution mentioned in subsection (a)(4) of this section, or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section, file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(2)

Any party other than the applicant may, within ten days after the date of adoption of the resolution, or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section, file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(3)

Notice of the public hearing on the appeal shall be given and posted as set forth in subsection 90-994(c)(3). The public hearing shall be held not less than ten nor more than 50 days from the date on which the first notice of appeal was filed.

(4)

Notice shall also be given to the commission of such appeal, and the commission may submit a report to the council setting forth the reason for its action or may be represented at the hearing.

(5)

The council may affirm, reverse, or modify a decision of the commission; provided, however, that if a decision denying a conditional use permit is reversed or a decision granting a use permit is modified, the

council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a conditional use permit as prescribed in section 90-999.

(6)

The council shall render its decision by resolution within 40 days after the conclusion of the public hearing held on the appeal. Failure of the council to adopt a resolution within the aforementioned 40-day period shall be deemed a denial of the appeal.

(7)

The council shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption thereof.

(8)

The decision of the council shall be final and shall have immediate effect.

(Ord. No. 824, § 1, 4-18-89; Ord. No. 950, § 24, 5-16-96)

Sec. 90-1001. - Same—Time limit for development; use permit to run with land; mapping; new application; revocation or modification of conditional use permit.

(a)

Time limit for development.

(1)

A conditional use permit shall lapse and become void one year following the date on which the conditional use permit became effective unless, by conditions of the conditional use permit, a lesser or greater time is prescribed or unless, prior to the expiration, either the use is being diligently pursued in accordance with the conditional use permit, or a building permit is issued by the building official and construction is commenced and is being diligently pursued in accordance with the conditional use permit.

(2)

A conditional use permit may be renewed for an additional period of one year or for a lesser or greater period as may be specified, provided that an application for renewal is filed with the commission prior to the expiration of the time period granted. The commission may grant or deny an application for renewal.

(3)

A conditional use permit shall lapse and become void if there is a discontinuance in its use for a continuous period of one year after the exercise of rights granted under the permit.

(b)

Use permit to run with the land. A conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure

which was the subject of the use permit application unless a specific time period during which the use permit will be valid was included in the approval.

(c)

Mapping. Within ten days of the approval or conditional approval of a conditional use permit, the director shall indicate on the official zone map the lot or lots affected by said permit. The indication shall show the number of the resolution adopting the permit.

(d)

New application. Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit, unless the denial was without prejudice.

(e)

Revocation or modification of conditional use permit. A conditional use permit may be revoked or modified in the manner and under the conditions set forth in section 90-1006.

(Ord. No. 824, § 1, 4-18-89)

Sec. 90-1002. - Variances—Purpose; application; public hearing.

(a)

Purpose. Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this chapter may result from the strict application of certain provisions thereof, variances may be granted as provided in this section. The granting of any variance and the conditions attached to such grant shall assure that such variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and district in which the property is situated. Variances shall apply to regulations regarding structures and any physical conditions on the site, but shall not apply to types of uses where the conditional use permit or zoning ordinance amendment procedures are appropriate.

(b)

Application for variance. An application for a variance shall be filed with the director on a form prescribed by the commission which shall include the following information:

(1)

Name and address of the applicant.

(2)

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

(3)

Address and legal description or the assessor's parcel number of the property.

(4)

The application shall include an accurate scale drawing of the site and variance proposed. The drawing must be adequate to enable the planning commission to determine the compliance of the proposal with the requirements of this chapter.

(5)

Evidence in the form of a statement showing the bases upon which the findings set forth in section 901003 for granting a variance can be made.

(6)

Any other data pertinent to the application that may be required by the city or submitted by the applicant.

(c)

Planning commission public hearing.

(1)

A public hearing shall be held by the commission not less than ten days nor more than 60 days after the filing of a complete application for a variance, notice of which shall be given in the manner prescribed in subsection 90-994(c)(3).

(2)

At the public hearing, the planning commission shall review the application and the statement and drawing submitted therewith and shall receive pertinent evidence concerning the proposed variance, particularly with respect to the findings prescribed in section 90-1003.

(3)

The public hearing shall be conducted in accordance with the rules and procedures specified in section 90995.

(Ord. No. 950, § 25, 5-16-96)

Sec. 90-1003. - Same—Findings and conditions.

The commission, before granting a variance, shall make all of the following findings:

(1)

That because of special circumstances applicable to the subject property, including the size, shape, topography, location or surroundings, but not including monetary hardship, the strict application of the provisions of this chapter deprives the subject property of privileges enjoyed by a substantial number of other properties in the vicinity and under identical zoning district classification.

(2)

That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or district in which the property is located.

(3)

That the granting of the variance will not adversely affect the city general plan, any adopted specific plan, or the purposes of this chapter.

(4)

That the granting of the variance will not constitute a grant of special privilege to the property owner.

(5)

That any conditions established by the commission for the variance are deemed necessary to protect the public health, safety, and general welfare. Conditions may include the following:

a.

Requiring special yards, spaces, and buffers.

b.

Requiring fences and walls.

c.

Requiring enclosure of storage areas and limitation on out of door display of merchandise.

d.

Requiring grading, surfacing, and drainage improvements.

e.

Regulation of points of vehicular ingress and egress.

f.

Regulation of signs.

g.

Requiring landscaping and maintenance thereof.

h.

Requiring maintenance of grounds.

i.

Requiring fire prevention equipment and measures.

j.

Regulation of noise, vibration, odors, etc.

k.

Regulation of lighting.

l.

Requiring a bond or deposit of money to assure faithful compliance and performance on the part of the applicant for the completion of street improvements and other facilities or the removal of such facilities.

m.

Requiring street dedications and improvements, subject to the provisions of subsection 90-1011(c).

n.

Regulation of the time period for which the variance shall be valid.

o.

Requiring site plan review for a use, building or structure, and such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this section.

Sec. 90-1004. - Same—Planning commission decision; appeal to city council.

(a)

Planning commission decision.

(1)

The commission, by written resolution, may approve, approve with stated conditions, disapprove, or disapprove without prejudice a variance application. The resolution shall describe the basis for the decision, including whether or not the findings set forth in section 90-1013 have been made, the basis for the findings, and shall state the specific circumstances requiring the conditions of approval.

(2)

The commission shall have 40 days after the conclusion of a public hearing to render its decision on the variance application. Failure of the commission to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute denial of the application.

(3)

The decision of the commission shall be final unless appealed to the council in accordance with the procedure specified in subsection (b) of this section.

(4)

The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the date of adoption thereof.

(5)

No building permit shall be issued where a variance has been approved or conditionally approved by the commission until ten days after the variance has been granted by the commission, and then only in accordance with the terms and conditions of the variance granted and only if the approval or conditional approval of the variance by the commission has not been appealed to the council pursuant to the procedure specified in subsection (b) of this section.

(b)

Appeal to the city council.

(1)

In case the applicant is not satisfied with the action of the commission, he may within ten days after the date of mailing, as shown by the postmark of the resolution mentioned in subsection (a)(4) of this section or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(2)

In case any party other than the applicant is not satisfied with the action of the commission, he may within ten days after the date of adoption of the resolution of the commission, or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section, file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(3)

The council shall set a date for a public hearing on the appeal and shall post notices as set forth in subsection 90-994(c)(3). The date for the public hearing shall not be less than ten days nor more than 40 days from the date on which the appeal was filed.

(4)

Notice shall also be given to the commission of such appeal, and the commission shall submit a report to the council setting forth the reason for its action or shall be represented at the hearing.

(5)

The council may affirm, reverse, or modify a decision of the commission; provided, however, that if a decision denying a variance is reversed or a decision granting a variance is modified, the council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a variance as prescribed in section 90-1003.

(6)

The council shall render its decision by resolution within 40 days after the conclusion of the public hearing held on the appeal. Failure of the council to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute a denial of the appeal.

(7)

The council shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption thereof.

(8)

The decision of the council shall be final and shall have immediate effect.

(Ord. No. 950, § 26, 5-16-96)

Sec. 90-1005. - Same—Time limit for development; variance to run with the land; mapping; new application; revocation or modification.

(a)

Time limit for development. A variance shall lapse and become void one year following the date on which the variance became effective, unless by conditions of the variance a lesser or greater time is prescribed or unless, prior to the expiration, a building permit is issued by the building official and construction is commenced and being diligently pursued in accordance with the variance. A variance may be renewed for an additional period of one year or for a lesser or greater period as may be specified, provided that an application for renewal is filed with the commission prior to the expiration of the time period granted. The commission may grant or deny an application for renewal.

(b)

Variance to run with the land. A variance granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the variance application unless a specific time period in which the variance will be valid has been set in accordance with subsection 90-1003(5)n.

(c)

Mapping. Within ten days of the approval or conditional approval of a variance, the director shall indicate on the official zone map, the lot or lots affected by the variance. The indication shall show the number of the resolution adopting the variance.

(d)

New application. Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the variance, unless the denial or revocation was without prejudice.

(e)

Revocation or modification of a variance. A variance may be revoked or modified in the manner and under the conditions set forth in section 90-1006.

Sec. 90-1006. - Conditional use permits and variances: Revocation and modification.

(a)

Authorization. The commission may revoke or modify any conditional use permit or any variance on any one or more of the grounds set forth in this section after a hearing is held and conducted as set forth in this section.

(b)

Revocation: Grounds. The grounds for the revocation of a conditional use permit or variance shall be any of the following:

(1)

That approval was obtained by means of fraud or the misrepresentation of a material fact.

(2)

That the use in question has ceased to exist, as provided in subsection 90-1001(a)(2) or 90-1005(a).

(3)

That there is or has been a violation of or failure to observe the terms or conditions of the permit or variance or that the use has been conducted in violation of the provisions of this chapter or any other law or regulation.

(4)

That the use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health, and welfare or so as to be a nuisance.

(c)

Modification: Grounds. The grounds for the modification of a conditional use permit or variance shall be any of the following:

(1)

That the grounds which would otherwise justify a revocation of the permit or variance can be corrected or cured by a modification imposing new or additional conditions.

(2)

That improvements in methods or technological advances permit the conduct of the use with adequate safeguards under the proposed modification.

(3)

That one or more of the original conditions of the permit or variance is unworkable, impractical, or otherwise fails to accomplish the original aims.

(d)

Procedures for revoking or modifying conditional use permits and variances. Proceedings for the revocation or modification of a conditional use permit or variance may be initiated and shall be set for hearing, notices, heard, and determined in substantially the same manner as provided for amendments to the provisions of this chapter set forth in subsection 90-994(b), subsection 90-994(c)(3), section 90-995 and subsection 90996(a), with the exception that the decision of the commission shall be final unless appealed to the council in accordance with the procedure set forth in subsection 90-996(b). All references in such sections to amendments shall be deemed to refer to the proposed revocation or modification.

(e)

Appeal to the city council.

(1)

All decisions of the commission in proceedings for the revocation or modification of a conditional use permit or variance may be appealed and reviewed in substantially the same manner as provided for appeals from decisions of the commission set forth in subsections 90-996(b) and 90-997(a). All references in such sections to amendments shall be deemed to refer to the proposed revocation or modification.

(2)

Upon the expiration of the time within which an appeal may be so filed, and there being no appeal filed within such time, the decision of the commission shall be deemed final; provided, however, if an appeal is filed within such time, the decision of the commission shall be stayed pending the determination of the appeal or its withdrawal by the appellant. The action of the council on such appeal shall be final.

Sec. 90-1007. - Public utilities and services.

(a)

Purpose. The purpose of this section is to allow the commission to review and make recommendations on the routes of the proposed electric transmission lines. The provisions of this chapter shall not be construed as to limit or interfere with the construction, installation, operation, and maintenance of any use coming under the jurisdiction of the public utilities commission, which uses are related to the public utility purposes

of water and gas pipes, mains and conduits, telegraph and telephone lines, pole mounted repeaters, telephone booths, except in residential districts, sewers and sewer mains, electric light and power distribution and transmission lines except as provided in subsection (b) of this section.

(b)

Planning commission review of utility towers. The routes of proposed electric transmission lines shall be submitted to the commission for review and recommendation. The commission shall confine its review to the route placement and height of such towers and the effect on land use.

(1)

Power transmission lines shall be those lines which are intended to transmit electrical energy from:

a.

The source of such energy to a receiving substation.

b.

A receiving substation to a distribution substation.

(2)

Prior to the acquisition of right-of-way, the following plans and information shall be submitted to the commission for its review and recommendation:

a.

Location of the proposed route.

b.

Type of towers and transmission lines.

c.

Approximate height of towers.

d.

Width of right-of-way.

e.

Other pertinent data.

(3)

The commission may, when in the public interest, recommend such modifications as it deems necessary to protect the public health, safety, and welfare.

(4)

The commission shall complete its review and make its findings within 40 days after the filing of the plans and data.

(c)

Appeal to the city council. The recommendations of the commission may be appealed to the council within ten days of the completion of the review and findings. Appeals shall be placed on the agenda of the council's next regular meeting. The council shall review the findings and recommendations of the commission and shall make its decision within 15 days of its review. The decision of the council shall be final.

Sec. 90-1008. - Minor deviations to zoning ordinance standards.

(a)

Purpose and procedure.

(1)

The following provisions and procedure shall apply to the approval of minor deviations from the provisions of this chapter.

(2)

A minor deviation may be granted by the director upon written request, subject to such conditions as it may impose without any notice or appeal if it finds that to do so would not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located.

(3)

A minor deviation is:

a.

Reduction of lot area, lot dimensions, space between buildings, yard space, or population density requirements by not more than ten percent.

b.

Increase of lot coverage or height limitations by not more than ten percent.

c.

Permission to repair or remodel a nonconforming structure if the work will bring the structure and the subsequent use into greater conformity with the property development standards of the zoning district in which the structure is located.

(b)

Records. The director shall keep a written record of all minor deviations granted pursuant to the provisions of this section.

Sec. 90-1009. - Site plan review—Purpose; application; information; hearings.

(a)

Purpose. The purposes of the site plan review process are to ensure that proposed developments conform with the requirements of this chapter and to guide the development services department in the issuance of building permits.

(b)

Application for site plan review.

(1)

A site plan shall be required for all buildings or development projects containing two or more dwelling units, and all office, commercial, and industrial developments regardless of size.

(2)

[Reserved.]

(c)

Information. Application shall be made in the number of copies designated by the director, shall be filed in the office of the development services department, and shall include the information herein designated. Applications shall be accompanied by a legal description of the property, plot plans drawn to a standard engineering scale, floor plans and building elevations drawn to a standard scale, drawings, photographs, and other pertinent information as follows:

(1)

The lot dimensions.

(2)

The location, elevation, size, height, and proposed use of all buildings and structures on the property.

(3)

The yards and spaces between buildings.

(4)

Walls and fences and their locations, height, and materials.

(5)

Off-street parking, including the location, number of spaces, dimensions of the parking area, and internal circulation pattern.

(6)

Access, pedestrian, vehicular and service, and points of ingress and egress and internal circulation patterns.

(7)

Signs and their location, size and height.

(8)

Loading, including the location, dimensions, number of spaces and internal circulation.

(9)

Lighting, including the location, general nature, and hooding devices.

(10)

Street dedications and improvements.

(11)

Drainage improvements.

(12)

Landscaping, including the location and type.

(13)

Fire prevention equipment measures, including the location and type.

(14)

Such other data as may be required to permit the director to make the required findings.

(d)

Director's determination.

(1)

Within 40 days after submission of a complete site plan application, the director shall approve, approve with conditions, or disapprove the site plan application. The director shall cause a copy of the site plan, with his decision and any conditions shown thereon or attached thereto, to be mailed to the applicant and all persons requesting such notice within ten days of the approval thereof. The director's decision shall be

final unless appealed to the planning commission in accordance with the provisions of subsection 901011(b).

(2)

Within ten days after the approval or conditional approval of a site plan application by the director, the development services department shall provide public notice of the site plan approval to all owners of real property, as indicated by the latest equalized assessment roll, located within 300 feet of the exterior boundaries of the site.

(3)

At the director's discretion, the site plan application may be referred directly to the planning commission for a public hearing and decision. Public notice of such hearing shall be provided in accordance with the requirements of Government Code § 65091.

• (Ord. No. 777, § 3, 4-15-86; Ord. No. 950, § 27, 5-16-96; Ord. No. 983, § 1, 3-19-98; Ord. No. 1161, § 3, 9 3-15)

Sec. 90-1010. - Same—Findings and conditions.

(a)

Findings. In approving the site plan, the decision maker shall find that:

(1)

The proposal is in compliance with all applicable provisions of this chapter.

(2)

The following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety are protected and there will be no unreasonable impact on surrounding properties.

a.

Facilities, improvements and utilities.

b.

Vehicular ingress, egress, and internal circulation.

c.

Location of buildings.

d.

Location of service areas.

e.

Walls.

f.

Landscaping.

(3)

The proposed lighting is so arranged as to deflect the light away from adjoining properties.

(4)

The proposed signs will not by size, location, or lighting interfere with traffic or limit visibility.

(5)

That the conditions of approval are necessary to protect the public health, safety and welfare.

(b)

Conditions of approval. Approval of a site plan may be made subject to conditions. Such conditions shall include the standard conditions of approval for site plan reviews and conditional use permits adopted by the planning commission via Resolution Nos. 1674 and 1703 and may include any or all of the following:

(1)

Requiring special yards, spaces and buffers.

(2)

Requiring special fences and walls.

(3)

Requiring the enclosure of storage areas and limiting out-of-door display areas.

(4)

Requiring special grading, surfacing, and drainage improvements.

(5)

Regulating points of vehicular ingress and egress.

(6)

Regulating signs.

(7)

Requiring landscaping and maintenance thereof.

(8)

Requiring maintenance of grounds.

(9)

Requiring special fire prevention equipment and measures.

(10)

Regulating noise, vibration, odors, electrical discharges or interference.

(11)

Regulating lighting.

(12)

Requiring street dedications and improvements, subject to the provisions of subsection 90-1012(a).

(13)

Imposing such other conditions as are necessary and appropriate to protect the public health, safety and welfare and the environment, and to insure that surrounding properties will not be unduly impacted by the proposed development.

(Ord. No. 777, § 3, 4-15-86; Ord. No. 983, § 2, 3-19-98)

Sec. 90-1011. - Same—Appeals; revisions; time limits.

(a)

Appeal to the planning commission.

(1)

The applicant or any person affected by the site plan, including a member of the planning commission or a member of the city council, may appeal the decision of the director to the planning commission by setting forth in writing the reasons for such appeal.

(2)

Such appeal shall be filed with the director within ten days after the date of mailing as shown by the postmark on the papers mentioned in subsection 90-1009(d).

(3)

The planning commission shall conduct a public hearing in which to consider the appeal within 40 days of the filing of said appeal. Notice of the appeal hearing shall be provided in accordance with the provisions of Government Code § 65091.

(4)

The decision of the planning commission shall be final unless appealed to the city council in accordance with the requirements of subsection 90-1011(b).

(b)

Appeal to the city council.

(1)

The applicant or any person affected by the site plan, including the city manager or a member of the city council, may appeal the decision of the commission to the city council by setting forth in writing the reasons for such appeal.

(2)

Such appeal shall be filed with the city clerk within ten days after the date of such decision.

(3)

The council shall conduct a public hearing in which to consider the appeal within 40 days of the filing of said appeal. Notice of the appeal hearing shall be provided in accordance with Government Code § 65091.

(4)

The council may affirm, reverse, or modify the decision of the commission; provided, however, that if a decision denying a site plan is reversed or a decision granting a site plan is modified, the council shall, on the basis of the record transmitted and such other evidence as may be presented to the council, make the findings prerequisite to the approval of a site plan as prescribed in subsection 90-1010(a).

(5)

The decision of the council shall be final. The council shall cause a copy of the site plan, with its decision and any conditions attached thereto, to be mailed to the applicant and all persons requesting notification within ten days of the adoption thereof.

(c)

Revisions to approved site plan. Revisions by the applicant to an approved site plan may be approved by the director prior to construction if the revised proposal is substantially similar to the approved site plan, or if revisions are made to comply with one or more conditions of approval. All other revisions shall require the submittal of a site plan review amendment application in accordance with the provisions of section 90-1009 with a filing fee equal to one-half of the original filing fee. Commission and council consideration of the amended site plan shall be the same as for the original site plan review.

(d)

Time limit for development. A site plan review shall lapse and become void one year following the date on which the site plan review became effective unless, prior to expiration, a building permit is issued by the

building official and construction is being diligently pursued. For good cause, a site plan review may be renewed for an additional period of one year or for such lesser period as may be specified, provided that an application for renewal is filed with the director prior to expiration of the site plan.

(Ord. No. 777, § 3, 4-15-86; Ord. No. 950, § 28, 5-16-96; Ord. No. 983, § 3, 3-19-98)

Sec. 90-1012. - Same—Required street dedications and improvements; building permits.

(a)

Required street dedications and improvements. Because of changes that may occur in an area due to increases in vehicular traffic generated by facilities requiring site plan review, and upon the principle that development projects should provide street dedications and improvements as near as practicable in proportion to the increased vehicular traffic and need for such improvements generated by such projects, the dedications and improvements specified in subsections (a)(1) through (a)(4) of this section shall be

lar traffic generated by facilities requiring site plan review, and upon the principle that development projects should provide street dedications and improvements as near as practicable in proportion to the increased vehicular traffic and need for such improvements generated by such projects, the dedications and improvements specified in subsections (a)(1) through (a)(4) of this section shall be

required as a condition of approval of any site plan. The director may require that a fee be paid in lieu of constructing the improvements required in subsections (a)(2) through (a)(4) of this section, if it is determined that it would be in the public interest to defer construction of the improvements. The amount of the fee shall be equal to the cost of the improvements that otherwise would have been required.

(1)

Dedication of all land necessary to widen an existing street right-of-way or a new street to its ultimate planned right-of-way, as established by any adopted general, specific or precise plan or by the city's improvement standards shall be required.

(2)

Where a development borders a new street, the dedication of which was required pursuant to subsection (a)(1) of this section, or an existing street right-of-way which is not developed in accordance with the city's improvement standards, improvement of the right-of-way of the street to city standards for a width of 30 feet as measured from the ultimate right-of-way line of the street abutting the development shall be required. The required improvements shall include, but are not limited to, curbs, gutters and sidewalks, drainage facilities, street trees, street signs, street lights, required utilities, street grading and paving.

(3)

Where a development is traversed by a new street, the dedication of which was required pursuant to subsection (a)(1) of this section, or an existing street right-of-way which is not developed in accordance with the city's improvement standards, improvement of the right-of-way of the street to city standards for a width of 60 feet shall be required. If the right-of-way of the street exceeds 60 feet, the commission shall determine the sections of the right-of-way to be improved. The required improvements shall include, but are not limited to, curbs, gutters and sidewalks, drainage facilities, street trees, street signs, street lights, required utilities, street grading and paving.

(4)

Where a development borders a new frontage road, the dedication of which was required pursuant to subsection (a)(1) of this section, or an existing frontage road right-of-way which is not developed in accordance with the city's improvement standards, improvement of the entire right-of-way of the street abutting the development shall be required.

(b)

Building permits. Before a building permit may be issued for any building or structure that is subject to site plan review, the director shall determine that:

(1)

The proposed building conforms with the approved site plan and conditions; and

(2)

All required dedications have been recorded.

(Ord. No. 777, § 3, 4-15-86; Ord. No. 983, § 4, 3-19-98)

Sec. 90-1013. - Same—Occupancy; site plan approval to run with land.

(a)

Occupancy.

(1)

Before any building or structure subject to site plan review shall be occupied, the city building official shall determine that all required on-site, outside city right-of-way, and off-site, within city right-of-way, improvements shall either have been completed, or if not completed, the permittee shall have entered into an agreement with the city to complete the work within six months from the date of occupancy.

(2)

The city building official may extend the completion date for one additional six-month period upon written request of the permittee, upon a showing of good cause therefor.

(3)

The agreement with the city shall be secured either by cash deposited with the city, cash deposited in an irrevocable escrow approved by the city attorney, or other financial security approved by the city attorney as the equivalent thereof. Such security shall be in the amount of 100 percent of the estimated cost of completing the work as determined by the building official.

(4)

If such work is not completed within the period provided, or any extension thereof, the city shall be authorized to take all necessary action to enforce the agreement, including the use of the security to cause completion of all required improvements.

(5)

Monies deposited with the city or in escrow may be partially released to the depositor by the building official during the progress of the work, so long as the same ratio of security is maintained on the deposit to secure all uncompleted work.

(b)

Site plan approval to run with the land. A site plan approved pursuant to this article shall run with the land and shall continue to be valid upon change of ownership of the property which was the subject of the site plan approval.

(Ord. No. 777, § 3, 4-15-86; Ord. No. 918, § 15, 9-1-94; Ord. No. 948, § 8, 4-4-96; Ord. No. 983, § 5, 3-1998)

(a)

Planned unit developments, involving the careful application of design, are encouraged to achieve a more functional, aesthetically pleasing and harmonious living and working environment within the city which otherwise might not be possible by strict adherence to the regulations of this chapter.

(b)

In certain instances, the objectives of this chapter may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zone plan or the district regulations prescribed by this chapter. A planned unit development may include a combination of different dwelling types and/or a variety of land uses which are made to complement each other and harmonize with existing and proposed land uses in the vicinity, by design. In order to provide locations for such wellplanned developments, the planning commission is empowered to grant use permits for planned unit developments, subject to review by the city council, provided that such developments comply with the regulations prescribed in sections 90-1014 through 90-1017.

Sec. 90-1015. - Same—Districts; permitted uses; site area; standards; required conditions.

(a)

Districts. A planned unit development may be located in any district upon the granting of a conditional use permit in accordance with the provisions of section 90-1014.

(b)

Permitted uses. A planned unit development shall include only those uses permitted, either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located, subject to the following exceptions:

(1)

Any use permitted in an R, RM, C-P, or C-1 district as a permitted use or a conditional use, or any combination of such uses may be included in a planned unit development located in a R or RM district.

(2)

Any use permitted in any C-4, C-M, M-L or M-H district, as a permitted use or conditional use, or any combination of such uses, may be located in a planned unit development located in a M-L or M-H district.

(c)

Site area. The minimum site area for a planned unit development shall be five acres.

(d)

Standards. The standards of site area and dimensions, site coverage, yard spaces, distances between structures, building height, off-street parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed in the regulations for the district in which the planned unit development is located if the applicant has demonstrated, by his design proposal, that the objectives of this chapter and the objectives of sections 90-1014 through 90-1017 will be achieved.

res, building height, off-street parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed in the regulations for the district in which the planned unit development is located if the applicant has demonstrated, by his design proposal, that the objectives of this chapter and the objectives of sections 90-1014 through 90-1017 will be achieved.

The average population density per net acre may not exceed the maximum population density prescribed by the site area regulations or the site area per dwelling unit regulations for the district in which the planned unit development is to be located unless the applicant can demonstrate by his design proposal and such additional evidence as may be submitted, that the objectives of sections 90-1014 through 90-1017 will be achieved. In the event the planned unit development proposes to use nonconventional street and lot designs, the applicant shall show how such designs will achieve the desired goals.

(e)

Required conditions. No use shall be permitted and no process, equipment or materials shall be employed which unreasonably interfere with persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness or heavy truck traffic or to involve any hazard of fire or explosion.

(Ord. No. 910, § 1, 4-21-94)

The regulations prescribed in subsections 90-998(b) and (c) shall control the procedure for making application for the processing of a use permit for a planned unit development, subject to the following exceptions:

(1)

In lieu of the drawing of the site prescribed in subsection 90-998(b)(4), the application shall be accompanied by the development plan of the entire planned unit development, drawn to scale and showing the contours of the site in intervals of not more than one foot and provisions for: draining of surface; watercourses; railroad and public utility rights-of-way; streets, driveways and pedestrian walks; off-street

parking and loading facilities; reservations and dedications for public uses; private uses including dwelling types, lot layout, locations, heights and elevations of structures and landscaped areas.

(2)

In addition to the data and drawings prescribed in subsection 90-998(b) and subsection (1) of this section, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use.

(3)

When a planned unit development involves proposals which necessitate the filing of a tentative subdivision map and/or which would also necessitate the granting of exceptions of the regulations of chapter 62, subdivisions, the planning commission may grant tentative approval of the proposal. Where such tentative approval is requested by the applicant, the requirements of subsections (1) and (2) of this section may be waived temporarily, provided the applicant submits the following:

a.

In lieu of the drawing of the site prescribed in subsection (1) of this section, the application shall be accompanied by a schematic drawing, drawn to a minimum scale of one inch equals 100 feet, showing the general relationships contemplated among all public and private uses and existing and proposed physical features.

b.

A written statement setting forth the source of water supply, method of sewage disposal, means of drainage, dwelling types, nonresidential uses, lot layout, public and private access, height of structures, lighting, landscaped areas and provisions for maintenance of landscaped areas, area to be devoted to various uses and population density per acre and per gross acre contemplated by the applicant.

Upon approval of a tentative subdivision map in accordance with the procedures prescribed by chapter 62, subdivisions, the applicant shall submit a detailed development plan in accordance with the requirements of subsections (1) and (2) of this section before the planning commission may grant a final approval of the applicant's proposal.

(4)

The planning commission may grant a use permit for a planned unit development as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes the following findings:

a.

That the proposed location of the planned unit development is in accordance with the objectives of this chapter.

b.

That the proposed location of the planned unit development and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

c.

That the proposed planned unit development will comply with each of the applicable provisions of this section.

d.

That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distance between structures, off-street parking and off-street loading facilities and landscaped areas will produce an environment of stable and desirable character consistent with the objectives of this chapter.

e.

That the standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures and off-street parking and off-street loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

f.

That the combination of different dwelling types and/or variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

Sec. 90-1017. - Same—Planning commission action; appeals to the city council.

(a)

Planning commission action.

(1)

The commission, by written resolution, may approve, approve with stated conditions, disapprove or disapprove without prejudice a conditional use permit application for a planned unit development. The resolution shall describe the basis for the decision, including whether or not the findings set forth in subsection 90-1016(4) have been made.

(2)

The commission shall have 40 days after the conclusion of a public hearing to render its decision on a conditional use permit application for a planned unit development. Failure of the commission to adopt a resolution within the aforementioned 40-day period shall be deemed to constitute a denial of the application.

(3)

The decision of the commission shall be final unless appealed to the council in accordance with the procedure specified in subsection (b) of this section.

(4)

The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the date of adoption thereof.

(5)

No building permit or business license shall be issued where a conditional use permit for a planned unit development has been approved or conditionally approved by the commission until ten days after such permit has been granted by the commission and then only in accordance with the terms and conditions of the conditional use permit granted and only if the approval or conditional approval of the conditional use permit by the commission has not been appealed to the council pursuant to the procedure specified in subsection (b) of this section.

(b)

Appeals to the city council.

(1)

In case the applicant is not satisfied with the action of the commission, he may within ten days after the date of mailing, as shown by the postmark of the resolution mentioned in subsection (a)(4) of this section, or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section, file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(2)

In case any party other than the applicant is not satisfied with the action of the commission, he may within ten days after the date of adoption of the resolution of the commission, or within ten days after the expiration of the 40-day period mentioned in subsection (a)(2) of this section, file in writing with the city clerk an appeal to the council. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or whereby its decision is not supported by the evidence in the record.

(3)

The council shall set a date for a public hearing on the appeal and shall post notices as set forth in subsection 90-994(c)(3). The date for the public hearing shall not be less than ten nor more than 40 days from the date on which the appeal was filed.

(4)

Notice shall also be given to the commission of such appeal, and the commission shall submit a report to the council setting forth the reason for its action or shall be represented at the hearing.

Sec. 90-1018. - Uses permitted subject to director's review permit (D.R.P.)—Review of proposed use; findings; notices.

The following procedures for review of proposed use, findings and notices shall apply to all uses permitted subject to review and approval by the director.

(1)

Review of proposed use. It shall be the duty of the director to review the proposed use, to ascertain all facts pertinent to it, and in writing to state his approval or disapproval of the proposed use together with findings and reasons for such decision, within 30 days of the filing of a complete application for such use. At his discretion, the director may refer the proposed use directly to the planning commission for public hearing and decision. If the proposed use is referred to the commission, the procedures of sections 90-998 through 90-1001, conditional use permits, shall be followed. Those applications which are referred directly to the commission by the director and which are filed and heard concurrently with any application requiring city council hearing shall, after the commission decision, be heard by the city council together with that concurrent application.

(2)

Findings. In approving or denying a proposed use, the director shall make findings explaining how and why all the following conditions either exist or do not exist:

a.

That the site of the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other property development standards required in this chapter.

b.

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

c.

That the proposed use will not be detrimental to the immediate neighborhood.

d.

That the conditions stated in the approval are necessary to protect the public health, safety, and general welfare.

e.

That the proposed use is consistent with the general plan.

Such findings shall be sent to the applicant and kept on file in the office of the director.

(3)

Notices.

a.

If an application is approved by the director, owners of properties located within a radius of 300 feet of the exterior boundaries of the property subject to the application shall be notified in writing of the decision. Such notices shall be by prepaid mail, and the owner, for the purposes of such notices, shall be deemed to be the person or persons to whom the properties were assessed on the last assessment roll. The address to which such written notice shall be mailed shall be that shown upon such assessment roll.

b.

If an application relating to mobile home park services is approved by the director, the following procedures shall apply:

1.

The applicant shall provide a list of tenants within the park.

2.

Those tenants located within 300 feet of the site of the proposed use shall be notified in lieu of property owners identified in subsection (3)a. of this section.

(Ord. No. 805, § 1, 4-19-88)

Sec. 90-1019. - Same—Appeals; reapplication; revocation.

The following procedures for appeals, reapplication and revocation shall apply to all uses permitted subject to review and approval by the director of the development services department, hereinafter "director."

(1)

Appeals.

a.

No decision of the director shall be effective until a period of ten days has elapsed following the date of mailing written notice of his decision.

b.

During this period any person adversely affected by the decision may file an appeal with the planning commission. The appeal shall be in writing and shall set forth the reason for the appeal.

c.

Commission public hearing date and notice.

The commission shall hear the appeal of the director's decision within 60 days after the date of the filing of the appeal.

2.

Notice of the public hearing shall be given by mail as hereinafter provided, and shall state the time and place of the hearing and the subject matter of the application.

3.

Notice shall be mailed not less than ten days (or 21 days if the project is subject to the requirements of the California Environmental Quality Act) before the date set for the hearing to owners of property located within a radius of 300 feet of the exterior boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the latest adopted tax roll of the county.

d.

Commission public hearing and decision.

1.

The commission shall render a decision within 40 days after the close of hearing on such appeal. The commission's decision shall be final, unless an appeal therefrom is filed with a court of competent jurisdiction within 15 days after the commission renders its decision.

2.

The commission may by resolution approve, approve with conditions, or disapprove the decision of the director. A tie vote shall constitute a denial of the appeal.

3.

The commission's decision shall include findings explaining how and why all of the conditions described in subsection 90-1018(2) either exist or do not exist.

4.

The applicant shall be notified in writing at the address on the application of the commission's decision.

5.

If an application is disapproved by the director, or by the commission after appeal, a record of such disapproval shall be made and kept on file by the director.

6.

The appeal of a commission decision on any application filed and heard concurrently with other applications shall require a city council hearing of all such applications.

(2)

Reapplication. No person shall apply for a similar use on the same land, building or structure within a period of one year from the date of the final decision on the previous application, unless prior decision was a denial without prejudice.

(3)

Revocation.

a.

The director or the commission granting the use permit may revoke the permit for noncompliance with any of the conditions set forth in the permit.

b.

If the time limit for development of the proposed use expires prior to establishment of the use, and no extension has been granted, the permit shall be deemed void.

(4)

Exemption for converted use. When an existing use for which a site plan review has been approved or director's review permit has been issued converts to a different use on the same property, the director may exempt the converted use from the requirement to obtain a director's review permit upon a finding that the converted use will not require any changes in traffic circulation, parking, ingress or egress at the property.

(5)

Time limit for development. A director's review permit shall lapse and become void one year following the date on which the director's review permit became effective unless, prior to expiration, a building permit is issued by the building official and construction is being diligently pursued or the use has been established. For a good cause, a director's review permit may be renewed for an additional period of one year or for such lesser period as may be specified, provided that an application for renewal is filed with the director prior to expiration of the permit.

(Ord. No. 805, § 1, 4-19-88; Ord. No. 918, § 16, 9-1-94; Ord. No. 950, § 29, 5-16-96; Ord. No. 970, § 16, 7- 17-97)

Secs. 90-1020—90-1050. - Reserved. ARTICLE XXV. - ADMINISTRATION OF THE ZONING ORDINANCE

Filing fees shall be paid by the applicant to the city to cover the expenses of processing, posting, advertising, or other costs incidental to the several procedures in this chapter, including classification of permitted uses and interpretations and clarifications of ambiguity, sections 90-991 through 90-993; amendments, sections 90-994 through 90-997; uses permitted subject to conditional use permit, sections 90-998 through 90-1001, including time extension for conditional use permits, section 90-1001(a)(2); variances, sections 90-1002 through 90-1005, including time extension for variances, section 90-1005(a); conditional use permits and variances: revocation and modification, section 90-1006; public utilities and

services, section 90-1007; minor deviations to chapter standards, section 90-1008; site plan review, sections 90-1009 through 90-1013, including amendment to site plan, section 90-1011(b) and time extension, section 90-1011(c); and director's review permit, section 90-1018. The filing fees shall be set by a resolution of the city council. The fees shall be reviewed periodically to ensure their currency.

(Ord. No. 950, § 30, 5-16-96)

This section is in addition to other provisions of this chapter and other city ordinances relating to the legal status of conditions and activities in the city.

(1)

If any portion of a privilege authorized by the issuance of a conditional use permit or variance is utilized, all terms and conditions attached thereto shall immediately become effective and shall be strictly complied with. Violation of any such term or condition shall constitute a nuisance and violation of this chapter and shall be subject to the penalties in section 1-7.

(2)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter, any use of land, building or premises established, conducted or operated, or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance and the matter may be abated or corrected by court process, by action of city forces, or by the filing of a criminal action for violation of this chapter, such remedies to be cumulative.

(3)

Any resident or property owner in the city and any resident or property owner within one mile of the city limits shall have standing to obtain a mandatory, prohibitory injunction to prevent the violation of this chapter.

Sec. 90-1053. - Permits, certificates and licenses.

All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates or licenses shall comply with the provisions of this chapter and shall issue no permit, certificate or license which conflicts with the provisions of this chapter. Any permits, certificates or licenses issued in conflict with the provisions of this chapter shall be void.

The planning director shall be the official responsible for the enforcement of this chapter. In the discharge of this duty, the planning director shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The planning director may serve notice requiring the removal of any structure or use in violation of this chapter on the owner or his authorized

agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The planning director may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this chapter, and the city attorney is hereby authorized to institute appropriate actions to that end. The planning director may call upon the chief of police and his authorized agents to assist in the enforcement of this chapter.

Any person violating any provision of this chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable by:

(1)

A fine not exceeding $50.00 for a first violation.

(2)

A fine not exceeding $100.00 for a second violation of the same ordinance within one year.

(3)

A fine not exceeding $250.00 for each additional violation of the same ordinance within one year. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this chapter is committed, continued or permitted by the person and shall be punishable as herein provided.

Secs. 90-1056—90-1090. - Reserved.

ARTICLE XXVI. - RECYCLING OF REUSABLE MATERIALS

Sec. 90-1091. - Permits required.

No person shall permit the replacement, construction or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this article. Recycling facilities may be permitted as set forth in the following table:

In addition to the permits described in the above table, a reverse vending machine or a small collection facility may also be allowed in special zones which allow uses permitted in commercial or industrial zones with an administrative permit; and a large collection facility or processing facility may be allowed in agricultural zones with a conditional use permit.

(Ord. No. 806, § 1, 4-19-88)

A single permit may be granted to allow more than one reverse vending machine or small collection facility located on different sites under the following conditions:

(1)

The operator of each of the proposed facilities is the same;

(2)

The proposed facilities are determined by the planning commission to be similar in nature, size and intensity of activity; and

(3)

All of the applicable criteria and standards set forth in section 90-1093 are met for each such proposed facility.

(Ord. No. 806, § 1, 4-19-88)

Recycling facilities shall meet all of the applicable criteria and standards listed. Recycling facilities permitted with a director's review permit conditional use permit shall meet the applicable criteria and standards, provided that the director of planning, planning commission, or city council, as the case may be, may relax such standards or impose stricter standards in their discretion, upon finding that such modifications are necessary in order to implement the intent of this section and the purposes of this article.

(Ord. No. 806, § 1, 4-19-88)

Sec. 90-1094. - Reverse vending machines, standards and criteria.

Reverse vending machines located within a commercial structure do not require discretionary permits. Reverse vending machines do not require additional parking spaces for recycling customers, and may be permitted in all commercial and industrial zones with an administrative use permit provided that they comply with all of the following standards:

(1)

Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;

(2)

Shall be located within 30 feet of the entrance to the structure and shall not obstruct pedestrian or vehicular circulation;

(3)

Shall not occupy parking spaces required by the primary use;

(4)

Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;

(5)

Shall be constructed and maintained with durable waterproof and rustproof materials;

(6)

Shall be clearly marked to identify the type of material to be deposited, operating instructions and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

(7)

Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;

(8)

Shall be maintained in a clean, litter-free condition on a daily basis;

(9)

Operating hours shall be at least the operating hours of the host use;

(10)

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

(Ord. No. 806, § 1, 4-19-88)

Sec. 90-1095. - Small collection facilities, standards and criteria.

Small collection facilities may be sited in commercial and industrial zones with an administrative permit provided they comply with all of the following conditions:

(1)

Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city.

(2)

Shall be no larger than 500 square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

(3)

Shall be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation.

(4)

Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the local public health official.

(5)

Shall use no power-driven processing equipment except for reverse vending machines.

(6)

Shall use containers that are constructed and maintained with durable waterproof and rustproof materials, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule.

(7)

Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present.

(8)

Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

(9)

Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA.

(10)

Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours of 9:00 a.m. and 7:00 p.m.

(11)

Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

(12)

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

(13)

Signs may be provided consistent with the standards of subsection 90-891(d)(13).

(14)

The facility shall not impair the landscaping required by local ordinances for concurrent use or any permit issued pursuant thereto.

(15)

No additional parking spaces will be required for customers of a small collection facility located in the parking lot of a host use. One space will be provided for the attendant, if needed.

(16)

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

(17)

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

a.

The facility is located in a convenience zone or a potential convenience zone as designated by the state department of conservation;

b.

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

c.

The permit will be reconsidered at the end of 18 months.

A reduction in available parking spaces in an established parking facility may then be allowed as follows:

For a commercial host use:

For a community facility host use:

A maximum five spaces reduction will be allowed when not in conflict with parking needs of the host use.

(18)

If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

(Ord. No. 806, § 1, 4-19-88; Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-1096. - Large collection facilities, standards and criteria.

A large collection facility is one that is larger than 500 square feet, or is on a separate property not appurtenant to a host use, and which may have a permanent building. A large collection facility is permitted in neighborhood commercial zones with a minor use permit and in other commercial and industrial zones with a site development permit, provided the facility meets all of the following standards:

(1)

The facility does not abut a property zoned or planned for residential use;

(2)

The facility will be screened from the public right-of-way by operating in an enclosed building or:

a.

Shall be within an area enclosed by an opaque fence at least six feet in height with landscaping;

b.

Shall be at least 150 feet from property zoned or planned for residential use; and

c.

Shall meet all applicable noise standards in this chapter;

(3)

Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located;

(4)

All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition, and baled or palleted. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire chief. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

(5)

The site shall be maintained free of litter and other refuse materials, and will be cleaned of loose debris on a daily basis;

(6)

Space will be provided on site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the planning commission determines that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety;

(7)

One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility;

(8)

Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 dBA;

(9)

If the facility is located within 500 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.;

(10)

Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;

(11)

Donation areas will be kept free of litter and other refuse material, and the containers will be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers;

(12)

Signs may be provided consistent with the standards of subsection 90-891 (d)(13).

(13)

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material may be approved through a use permit process or at the discretion of the planning commission if noise and other conditions are met.

(Ord. No. 806, § 1, 4-19-88; Ord. No. 1092, Exh. A, 7-19-07)

Sec. 90-1097. - Processing facilities, standards and criteria.

A light processing facility is permitted in heavy commercial zones and light industrial zones with a minor use permit. A large processor is permitted in light industrial zones with a conditional use permit. All processors are permitted in heavy industrial or manufacturing zones with a site plan. A processor will meet the following conditions:

(1)

The facility does not abut property zoned or planned for residential use.

(2)

In a commercial or light industrial zone, operations are in a wholly enclosed building except for incidental storage or:

a.

Within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped on all street frontages;

b.

Located at least 150 feet from property zoned or planned for residential use.

(3)

Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of sourceseparated recyclable materials and repairing of reusable materials.

(4)

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

(5)

A processing facility may accept used motor oil for recycling from the generator in accordance with Health and Safety Code § 25250.11.

(6)

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.

(7)

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition, and baled or palleted. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire chief. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

(8)

The site shall be maintained free of litter and other refuse materials, will be cleaned of loose debris daily, and will be secured from unauthorized entry and removal of materials when attendants are not present.

(9)

Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten customers or the peak load, whichever is higher, except where the planning commission determines that allowing overflow traffic is compatible with surrounding businesses and public safety.

(10)

One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will be as mandated by the zone in which the facility is located.

(11)

Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBA.

(12)

If the facility is located within 500 feet of property zoned or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open.

(13)

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

(14)

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

(15)

Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, facility will be clearly marked with name and phone number of the facility operator and the hours of operation.

(16)

No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.

(Ord. No. 806, § 1, 4-19-88)

ARTICLE XXVII. - MEDICAL AND RECREATIONAL MARIJUANA REGULATIONS

Sec. 90-1098. - Findings.

(a)

In 1996, with the adoption of Proposition 215, the California voters approved the Compassionate Use Act (Health and Safety Code § 11362.5) to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician, without fear of criminal prosecution under limited, specified circumstances.

(b)

In 2004, the state legislature enacted SB 420 to clarify the scope of the Compassionate Use Act and provide additional statutory guidance regarding medical marijuana use. These statutes are codified at Health and Safety Code § 11362.7 et seq. and allow cities and counties to adopt supplemental rules and regulations.

(c)

On October 9, 2015, almost 20 years after passage of the Compassionate Use Act, the governor signed the Medical Marijuana Regulation and Safety Act ("Act"), comprised of California legislative bills AB 243, AB 266, and SB 643. The act created a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis, all subject to local

control. One of the purposes of the act is to ensure uniformity among jurisdictions that wished to allow commercial medical marijuana operations.

(d)

On November 8, 2016, the voters of the State of California adopted the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"). The purpose of AUMA is to establish a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products. Under AUMA, Adults age 21 and older are allowed to possess marijuana and grow certain amounts at home for personal use.

(e)

Under MMRSA and AUMA, the city retains its police powers and land use authority to regulate or ban marijuana activities, including commercial marijuana activity, operations, cultivation, distribution and consumption for the health, safety, and welfare of the citizens of Sanger.

(Ord. No. 2017-01, § 2, 4-20-17)

It is the purpose and intent of this article to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of marijuana, whether for medical purposes or for recreational use. This article shall supersede and repeal any contrary city regulations which may exist as well as Ordinance No. 1057.

(Ord. No. 2017-01, § 2, 4-20-17)

Sec. 90-1100. - Definitions.

For purposes of this article, the following definitions shall apply:

Cannabis or marijuana shall have the meaning set forth in California Business and Professions Code section 19300.5(f), as amended from time to time.

City shall mean the City of Sanger.

Collective or cooperative cultivation means the association within California of qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical

purposes as may be allowed under the Compassionate Use Act, the Medical Marijuana Program Act, or the California Medical Marijuana Regulation and Safety Act adopted on October 9, 2015 with legislative bills AB 243, AB 266, and SB 643 ("MMRSA").

Commercial marijuana activity includes the cultivation, possession, manufacture, distribution, processing, storing, testing, labeling, transportation, distribution, delivery, or sale of marijuana and marijuana products.

Consumption of marijuana shall mean smoking or ingesting marijuana or marijuana products.

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of marijuana including collective or cooperative cultivation.

Delivery shall be as defined in the MMRSA, California Business and Professions Code § 19300.5(m), as that section may be amended from time to time, and includes the commercial transfer of medical marijuana and medical marijuana products from a dispensary as well as the use of any technology platform that enables qualified patients and caregivers to arrange for or facilitate the transfer.

Distribution means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.

Limited home cultivation means cultivation of up to six living marijuana plants, and possession of the marijuana produced by those plants, within the private residence of the person cultivating them or within an accessory structure to the person's private residence on the same grounds.

Marijuana shall have the same meaning as cannabis as defined in this section.

Marijuana dispensary or dispensary means any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to more than two persons.

Marijuana products means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

Medical marijuana or medical marijuana use means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Regulation and Safety Act, California Health and Safety Code §§ 11362.5 and 11362.7, et seq.

Personal use means the smoking, consumption, or ingestion of cannabis or cannabis products by an individual 21 years of age or older. Personal use includes cannabis consumption by means of vaporizing and electronic cigarettes.

Private residence means a house, an apartment unit, condominium, a mobile home, or other similar dwelling that is a "residential dwelling unit," as defined by the California Building Code (24 Cal. Code Regs. Section 202) that is fully enclosed and secured with a lock, and that is the primary residence of the person in possession.

Recreational marijuana or recreational marijuana use means all uses of marijuana not included within the definition of medical marijuana use.

Sale includes any transaction whereby, for any consideration, title to cannabis or marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.

Any term defined in this section also means the very term as defined by the California Business and Professions Code or the California Health and Safety Code, unless otherwise specified.

(Ord. No. 2017-01, § 2, 4-20-17)

Sec. 90-1101. - Commercial marijuana activity is prohibited.

(a)

Commercial marijuana activity as defined in section 90-1100(d) shall be prohibited in the city and in all zoning districts, except where the city is expressly preempted by federal or state law in enacting a prohibition on any such activity.

(b)

Limited medical marijuana exceptions. The following facilities providing medical marijuana to patients are not subject to the dispensary ban provided they are in strict compliance with Health and Safety Code §§ 11362.5 and 11362.7 et seq., and all other state and local laws pertaining the uses, including zoning, permitting, and licensing requirements:

(1)

A clinic licensed pursuant to Chapter 1 (commencing with § 1200) of Division 2 of the Health and Safety Code.

(2)

A health care facility licensed pursuant to Chapter 2 (commencing with § 1250) of Division 2 of the Health and Safety Code.

(3)

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with § 1568.01) of Division 2 of the Health and Safety Code.

(4)

A residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with § 1569) of Division 2 of the Health and Safety Code.

(5)

A residential hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with § 1725) of Division 2 of the Health and Safety Code.

(Ord. No. 2017-01, § 2, 4-20-17)

Sec. 90-1102. - Regulations applicable to the personal use of marijuana.

(a)

Personal use prohibited. No person, including a qualified patient, shall smoke, ingest, or otherwise consume marijuana in the city unless such smoking, ingesting or consumption occurs entirely within a private residence, or on the premises of a private residence but out of public view, or within a clinic, healthcare facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the state health and safety code. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings. "Out of public view" shall mean out of view from public rights of way where members of the public are lawfully entitled to be. Consumption in garages and other accessory buildings shall be out of public view.

(b)

State prohibitions. The state prohibitions in Health and Safety Code § 11362.3 regarding smoking, ingesting, and possessing are incorporated by reference. The following restrictions shall apply in the city on personal use.

(c)

City facilities. Possession, smoking, and consumption of marijuana whether for medical marijuana use or recreational use shall be prohibited in any building owned, leased, or occupied by the city.

(Ord. No. 2017-01, § 2, 4-20-17)

Sec. 90-1103. - Regulations applicable to the cultivation of marijuana for personal use.

(a)

General. To the extent that the city is required to allow the cultivation of marijuana under state law, whether for medical or recreational use, the rules set forth herein shall apply. Nothing in this section shall be interpreted to permit commercial marijuana operations or marijuana dispensaries otherwise prohibited by this article or any other applicable provision of this Code. Only "personal use cultivation" as authorized in this article shall be permissible in the city. Collective, cooperative, or other cultivation of marijuana shall be prohibited in the city.

(b)

Personal use cultivation. The cultivation of marijuana shall be subject to the limits set forth in any applicable state law and this article. An individual who has a right to cultivate marijuana for personal use shall be allowed to cultivate up to six living marijuana plants within his/her private residence, in an attached garage, or in an accessory building if the property is detached single family residential. No outdoor cultivation is allowed within the city. Marijuana cultivation for personal use shall be subject to the following requirements:

(1)

Area. The marijuana cultivation area shall not exceed 32 square feet measured by the canopy and not exceed ten feet in height per residence. This limit applies regardless of the number of individuals residing in the residence. The cultivation area shall be a single designated area.

(2)

Lighting. Marijuana cultivation lighting shall not exceed a total of 1,200 watts.

(3)

Building code requirements. Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, set back, height requirements, and parking requirements.

(4)

Gas products. The use of gas products (CO2, butane, etc.) for marijuana cultivation or processing is prohibited.

(5)

Evidence of cultivation. From a public right of way, there shall be no exterior evidence of marijuana cultivation occurring on the site.

(6)

Residence. An individual cultivating marijuana shall reside in the residence where the marijuana cultivation occurs.

(7)

Cultivation elsewhere in city. The individual cultivating marijuana in his or her residence shall not participate in marijuana cultivation in any other location within the city.

(8)

Incidental use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and shall not be used primarily for marijuana cultivation.

(9)

Ventilation. The marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or property line for detached single family residential, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence and cultivating the marijuana. This shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code, § 1203.4, Natural Ventilation, or § 402.3, Mechanical Ventilation (or its equivalent(s)).

(10)

Storage of chemicals. Any chemicals used for marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights of way.

(11)

Nuisance. The marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; and not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.

(12)

Property owner authorization. For rental property, the lessee shall obtain written authorization from the property owner or property management company to cultivate marijuana. The written authorization shall be filed with the police department. A copy of the owner or property manager's written authorization to cultivate recreational marijuana shall be posted in a conspicuous place in the cultivation area.

(13)

Notification. The owner and any lessee of the residence upon which cultivation will occur shall inform the police department of the intent to cultivate marijuana and pick up a handout setting forth the owner and lessee responsibilities under this section. This notification shall be provided prior to the commencement of the cultivation. The police department may direct the owner and lessee to the building department and planning department for more information about building code and permit requirements that may be

applicable if alterations or additions to the residence are contemplated. The police department and building department shall keep patient information confidential to the extent required by law.

(14)

Additional requirements for garages and accessory buildings. The following additional requirements shall apply for personal use cultivation that occurs in a garage or accessory building: the garage or accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque. The garage or building shall include a burglar alarm monitored by an alarm company or private security company. The garage or building, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board meeting the minimum building code requirements for residential structures and include material strong enough to prevent entry except through an open door.

(Ord. No. 2017-01, § 2, 4-20-17)

Any person violating any of the provisions of this article shall be guilty of a misdemeanor and punishable in accordance with section 1-7 of this Code as well as the administrative penalties set forth in section 1-8 of this Code. Violators shall be subject to any other enforcement remedies available to the city under any applicable state or federal statute or pursuant to any other lawful power the city may possess including but not limited to injunctive relief.

(Ord. No. 2017-01, § 2, 4-20-17)

Any violation of this article is hereby declared to be a public nuisance. The city may avail itself to all legal and equitable remedies to abate such public nuisance.

(Ord. No. 2017-01, § 2, 4-20-17)

Judicial review of a decision made under this article may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure § 1094.5. Any such petition shall be filed within 90 days after the day the decision becomes final as provided in California Code of Civil Procedure § 1994.6, which shall be applicable for such actions.

(Ord. No. 2017-01, § 2, 4-20-17)

ARTICLE XXVIII. - RMU RETAIL-MIXED USE DISTRICT

The RMU district is intended to build flexibility for future development to meet the changing needs of the city and the marketplace by permitting combinations of commercial, office and residential uses on the same site or within the same building.

(Ord. No. 2021-05, § 3, 6-17-21)

Sec. 90-1108. - Uses permitted.

The following uses shall be permitted in the RMU district plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as defined in section 90-611:

(1)

Accessory uses incidental to a permitted or conditionally permitted use existing on the site.

(2)

Accessory dwelling units, subject to the provisions of article XXIII.

(3)

Low-barrier navigation centers.

(4)

Supportive housing, subject to the provisions of section 90-903.

(5)

Transitional housing, subject to the provisions of section 90-903.

(6)

Small (six or fewer persons) licensed or unlicensed residential care facility, subject to the provisions of section 90-902.

(7)

Automated teller machine (stand alone or associated with a bank-subject to development standards).

(8)

Automobile and motorized vehicle businesses, including:

a.

Auto supply stores.

b.

Car washes.

c.

Service stations (except those with a convenience store selling alcoholic beverages require a conditional use permit).

d.

Tire shops.

e.

Vehicle leasing, renting.

(9)

Banks and financial institutions.

(10)

Business, professional and trade schools.

(11)

Check cashing services.

(12)

Clubs, lodges and meeting rooms.

(13)

Day care, small and large family.

(14)

Drainage basins.

(15)

Feed stores and agricultural supply stores.

(16)

Funeral parlors/mortuaries.

(17)

Health/athletic clubs.

(18)

Hotels/motels.

(19)

Mixed-use developments (that combine commercial and residential uses that are permitted in this zone) where residential components shall be subject to zoning standards of the RM-1.5 (Medium density multiple-family residential) district. The residential component of any mixed-use development shall be limited to no more than 45 percent of the site.

(20)

Movie theaters.

(21)

Offices (administrative, business, medical, general, governmental and professional).

(22)

Personal services businesses. Commercial establishments that provide services of a personal nature, including:

a.

Barber and beauty shops.

b.

Cleaners.

c.

Fortune telling, hypnotists and palm reading.

d.

Locksmiths.

e.

Mail/delivery stores.

f.

Massage and physical therapy businesses practiced by individuals certified by the state.

g.

Laundry (full and self-serve).

h.

Music, dance, gymnastics and martial arts studios.

i.

Tattoo shops.

(23)

Retail stores and service establishments that supply commodities or services that meet the needs of residents in the community. Permitted uses include:

a.

Appliance sales and servicing.

b.

Bakeries, retail.

c.

Clothing, shoes, jewelry and accessory stores.

d.

Confectionary (candy) stores.

e.

Convenience grocery stores (except that stores selling alcoholic beverages require a conditional use permit).

f.

Florists.

g.

Food stores.

h.

Furniture stores/mattress shops and upholstery shops.

i.

Garden shops and nurseries.

j.

Gift shops.

k.

Gun shops.

l.

Hardware and home improvement stores.

m.

Health food stores.

n.

Hobby shops.

o.

Ice cream shops.

p.

Jewelry stores.

q.

Office supply stores.

r.

Pet shops.

s.

Pharmacy/drug stores.

t.

Photo studios and photographic supplies, art galleries.

u.

Sporting goods stores.

v.

Supermarkets.

w.

Tobacco stores.

x.

Toy stores.

y.

Variety stores.

(24)

Restaurants and cafes, including drive-thru and drive-in restaurants.

(25)

Service stations, subject to the requirements detailed in chapter 25-41 (Special uses).

(26)

Social service and counseling centers.

(27)

Veterinarian offices.

(28)

Video arcades.

(29)

Wholesale businesses.

(Ord. No. 2021-05, § 3, 6-17-21; Ord. No. 2025-04, § 4(Exh. A, § 17), 5-15-25)

Sec. 90-1109. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the RMU district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-611:

(1)

Bars and cocktail lounges.

(2)

Cabinet shops, welding/blacksmith shops, signs shops, glass stores.

(3)

Convenience stores that sell alcoholic beverages.

(4)

Kennels, animal boarding facilities.

(5)

Liquor stores.

(6)

Microwave relay stations.

(7)

Public parking lots or structures, subject to the provisions of sections 90-614, 90-615 and 90-884 through 90-889.

(8)

Repair of automobiles and trucks, farm equipment, etc.

(9)

Repair shops for electronics, appliances, upholstery, garden equipment, etc.

(10)

Large (seven or more persons) licensed residential care facility, subject to the provisions of section 90-902.

(11)

Storage buildings, mini storage facilities.

(12)

Vehicle sales (autos, trucks, boats, recreational vehicles, travel trailers, tractors, farm equipment), including on-site repair.

(13)

Warehouses.

(14)

Water pump stations.

(Ord. No. 2021-05, § 3, 6-17-21; Ord. No. 2025-04, § 4(Exh. A, § 17), 5-15-25)

Sec. 90-1110. - Uses permitted subject to director's review permit.

The following uses shall be permitted in the RMU district subject to first securing a director's review permit as provided in sections 90-1018 and 90-1019 plus such other uses as the commission may determine to be similar in nature as specified in section 90-611:

(1)

Temporary auto motor vehicle sales including autos, motorcycles, trucks, recreational vehicles (RVs), boats, and farm equipment in parking lots of existing shopping centers (limited to three days duration or less).

(2)

Small collection facilities for recycled materials, subject to the provisions of section 90-1095.

(Ord. No. 2021-05, § 3, 6-17-21)

Sec. 90-1111. - Property development standards—Lot area; lot dimensions; population density; building height; yards.

The following property development standards for lot area, lot dimensions, population density, building height and yards, together with the property development standards in the general conditions, section 90881 et seq., shall apply to all land and structures in the RMU district:

(1)

Lot area. No requirement.

(2)

Lot dimensions. No requirements.

(3)

Population density. For residential portions of mixed use developments there may be one dwelling unit for each 1,500 square feet of lot area.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than three stories, not to exceed 35 feet.

(5)

Yards.

a.

General yard requirements.

1.

All required yards shall extend the full width or depth of the lot and shall be open from the ground to the sky, except as provided in subsection 90-535(2)e.

2.

The required yard abutting a street shall be completely landscaped and maintained.

3.

Except as provided in this subsection, all yards may be used for parking, loading, or access to parking or loading.

b.

Front yard.

1.

Each lot shall have a front yard of not less than 20 feet, except that residential portions of mixed-use developments shall have a front yard of not less than 15 feet.

2.

Where a RMU lot is adjacent to a residential district, the front yard shall be equal to the largest adjacent residential front yard required for the adjacent district; however, in no event need such front yard exceed 20 feet.

c.

Side yard.

1.

For interior side yards there is no requirement except:

i.

Where the RMU district abuts a residential district there shall be a side yard on the RMU lot on the side abutting the residential district of not less than ten feet, which shall be landscaped and maintained.

ii.

Residential portions of mixed-use developments shall have a side yard of not less than five feet for interior yards.

2.

For street side yards on corner lots there shall be a side yard of not less than 15 feet on the side abutting the street.

d.

Rear yard. None required except:

1.

For residential portions of mixed-use developments there shall be a rear yard of not less than ten feet, which shall be landscaped and maintained.

2.

Where the rear of the RMU district abuts a residential district, there shall be a rear yard of not less than 15 feet, which shall be landscaped and maintained.

(Ord. No. 2021-05, § 3, 6-17-21)

Sec. 90-1112. - Same—Space between buildings; lot coverage; walls; off-street parking; access; outdoor advertising; loading spaces; size of new district.

The following property development standards for space between buildings, lot coverage, walls, off-street parking, access, outdoor advertising, loading spaces and size of new district, together with the property development standards, section 90-881 et seq., shall apply to all land and structures in the RMU district:

(1)

Space between buildings. No requirements, except that buildings within residential portions of mixed-use developments shall be set no less than ten feet apart.

(2)

Lot coverage. No requirements except that for residential portions of mixed use developments the maximum lot coverage by buildings and structures shall not exceed 50 percent of the total lot area.

(3)

Walls. None required other than along the boundaries between the RMU district and abutting residential districts, in which case the requirements set forth in the C-1 district, subsection 90-575(3), shall apply.

(4)

Off-street parking.

a.

For commercial uses, the general requirement for off-street parking spaces and areas for commercial uses shall be six parking spaces per 1,000 square feet of floor area.

b.

The requirement for multi-family residential portions of mixed use developments shall be 1.5 spaces per dwelling unit.

c.

The required parking shall be provided on the lot with the building or uses being served.

d.

The special parking requirements and improvement and maintenance standards of sections 90-884 through 90-889 shall apply as therein specified.

(5)

Access. The provisions of the C-1 district, subsection 90-575(5), shall apply.

(6)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(7)

Loading spaces. The provisions of section 90-892 shall apply.

(Ord. No. 2021-05, § 3, 6-17-21)

Sec. 90-1113. - Design guidelines.

All development shall comply with provisions of the Sanger Design Guidelines and the design guidelines contained within the North Academy Corridor Master Plan (Issue four: Design guidelines and site planning).

(Ord. No. 2021-05, § 3, 6-17-21)

Sec. 90-1114. - Site plan review.

Before any building or structure is erected, or any existing building or structure is enlarged, on any lot in this district, a site plan review shall have been approved pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 2021-05, § 3, 6-17-21)

Secs. 90-1115—90-1120. - Reserved. ARTICLE XXIX. - C-5 HIGHWAY COMMERCIAL DISTRICT

Sec. 90-1121. - Purpose.

The C-5 district is intended to establish appropriate areas along Highway 180 for the development of commercial uses that cater to the traveling public, such as restaurants, service stations, lodging and complementary uses. Recognizing the high-profile location of highway commercial properties and the city's desire to project a positive, dynamic image along the highway, property development should exhibit the highest level of design quality, including architectural character, landscaping and screening.

(Ord. No. 2021-05, § 4, 6-17-21)

Sec. 90-1122. - Uses permitted.

The following uses shall be permitted in the C-5 district plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as defined in section 90-611:

(1)

Automobile service stations.

(2)

Banks and financial institutions.

(3)

Confectioneries.

(4)

Drugstores.

(5)

Fruit and vegetable stores.

(6)

Gift shops.

(7)

Hotels and motels.

(8)

Ice cream parlors.

(9)

Ice and food products dispensing machines (subject to development standards).

(10)

Offices as a component of a permitted use.

(11)

Produce sales.

(12)

Restaurants, including those serving wine and beer with meals.

(13)

Fast food and drive-in restaurants.

(14)

Car washes.

(15)

Tire, battery and accessory parts retail sales and service stores.

(16)

Murals subject to the approval of a mural permit pursuant to section 90-891(9).

(Ord. No. 2021-05, § 4, 6-17-21)

Sec. 90-1123. - Uses permitted subject to conditional use permit.

The following uses shall be permitted in the C-2 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-611:

(1)

Bars and cocktail lounges.

(2)

Liquor stores and convenience stores that sell alcoholic beverages.

(3)

Microwave relay stations.

(4)

Public parking lots or structures, subject to the provisions of sections 90-614, 90-615 and 90-884 through 90-889.

(5)

Water pump stations.

(Ord. No. 2021-05, § 4, 6-17-21)

Sec. 90-1124. - Uses permitted subject to director's review permit.

The following uses shall be permitted in the C-5 district subject to first securing a director's review permit as provided in sections 90-1018 and 90-1019 plus such other uses as the commission may determine to be similar in nature as specified in section 90-611:

(1)

Temporary auto motor vehicle sales including autos, motorcycles, trucks, recreational vehicles (RVs), boats, and farm equipment in parking lots of existing shopping centers (limited to three days duration or less).

(2)

Small collection facilities for recycled materials, subject to the provisions of section 90-1095.

(Ord. No. 2021-05, § 4, 6-17-21)

Sec. 90-1125. - Property development standards—lot area; lot dimensions; population density; building height; yards.

The following property development standards for lot area, lot dimensions, population density, building height and yards, together with the property development standards in the general conditions, section 90881 et seq., shall apply to all land and structures in the C-5 district:

(1)

Lot area. No requirement.

(2)

Lot dimensions. No requirements.

(3)

Population density. No requirements.

(4)

Building height.

a.

No building or structure erected in this district shall have a height greater than two stories, not to exceed 35 feet.

(5)

Yards.

a.

General yard requirements.

1.

All required yards shall extend the full width or depth of the lot and shall be open from the ground to the sky, except as provided in subsection 90-535(2)e.

2.

The required yard abutting a street shall be completely landscaped and maintained.

b.

Front yard.

1.

Each lot shall have a front yard of not less than 30 feet.

c.

Side yard.

1.

None required for interior side yards, except where the C-5 district abuts a residential district there shall be a side yard on the C-5 lot on the side abutting the residential district of not less than ten feet, which shall be landscaped and maintained.

2.

On corner lots there shall be a side yard of not less than 20 feet on the side abutting the street, which shall be landscaped and maintained.

d.

Rear yard. None required except where the rear of the C-5 district abuts a residential district, there shall be a rear yard of not less than 20 feet, of which five feet shall be landscaped and maintained.

(Ord. No. 2021-05, § 4, 6-17-21)

Sec. 90-1126. - Same—Space between buildings; lot coverage; walls; off-street parking; access; outdoor advertising; loading spaces; size of new district.

The following property development standards for space between buildings, lot coverage, walls, off-street parking, access, outdoor advertising, loading spaces and size of new district, together with the property development standards, section 90-881 et seq., shall apply to all land and structures in the C-5 district:

(1)

Space between buildings. No requirements.

(2)

Lot coverage. No requirements.

(3)

Walls. None required other than along the boundaries between the C-5 district and abutting residential districts, in which case the requirements set forth in the C-1 district, subsection 90-575(3), shall apply.

(4)

Off-street parking.

a.

The general requirement of off-street parking spaces and areas shall be six parking spaces per 1,000 square feet of floor area.

b.

The required parking shall be provided on the lot with the building or uses being served.

c.

The special parking requirements and improvement and maintenance standards of sections 90-884 through 90-889 shall apply as therein specified.

(5)

Access. The provisions of the C-1 district, subsection 90-575(5), shall apply.

(6)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(7)

Loading spaces. The provisions of section 90-892 shall apply.

(Ord. No. 2021-05, § 4, 6-17-21)

Sec. 90-1127. - Design guidelines.

All development shall comply with provisions of the Sanger Design Guidelines and the design guidelines contained within the North Academy Corridor Master Plan (Issue four: Design guidelines and site planning).

(Ord. No. 2021-05, § 4, 6-17-21)

Sec. 90-1128. - Site plan review.

Before any building or structure is erected, or any existing building or structure is enlarged, on any lot in this district, a site plan review shall have been approved pursuant to the provisions of sections 90-1009 through 90-1013.

(Ord. No. 2021-05, § 4, 6-17-21)

Secs. 90-1129, 90-1130. - Reserved. ARTICLE XXX. - DENSITY BONUS

Sec. 90-1131. - Purpose.

The purpose of this article is to implement the State Density Bonus Law, California Government Code Section 65915 et seq.

(Ord. No. 2025-04, § 4(Exh. A, § 15), 5-15-25)

Sec. 90-1132. - Applicability.

This article shall be applicable in all zoning districts that allow residential uses.

(Ord. No. 2025-04, § 4(Exh. A, § 15), 5-15-25)

Sec. 90-1133. - Qualifications.

All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as may be amended.

(Ord. No. 2025-04, § 4(Exh. A, § 15), 5-15-25)

Sec. 90-1134. - Density bonus, incentives and concessions.

The City of Sanger shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq. A specific density bonus calculation chart for each qualifying housing development type is provided in section 90-1138.

(Ord. No. 2025-04, § 4(Exh. A, § 15), 5-15-25)

An application for a density bonus or other incentive under this article for a housing development shall be submitted in writing to the planning division to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this article and applicable state law.

(Ord. No. 2025-04, § 4(Exh. A, § 15), 5-15-25)

The application shall be considered by the planning commission or city council concurrently with the project for which the request is being made is considered. If the project is not to be otherwise considered by the planning commission or the city council, the request being made under this article shall be considered by the community development director. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

(Ord. No. 2025-04, § 4(Exh. A, § 15), 5-15-25)

Sec. 90-1137. - Continued affordability.

Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density bonus or other incentives being approved for a project, the applicant shall agree to ensure the continued availability of the density bonus units by entering into a covenant approved as to legal form by the city attorney.

(Ord. No. 2025-04, § 4(Exh. A, § 15), 5-15-25)

Sec. 90-1138. - Density bonus calculations.

Table 90-1138 Percent Set-Aside for Each Qualified Housing Development Type

Notes:

• All density bonus calculations resulting in fractions are rounded up to next whole number.

** Affordable unit percentage is calculated excluding units added by a density bonus, i.e., the percentage of the number of units allowed without a density bonus.

*** Moderate income density bonus applies to for sale units, not to rental units.

**** No affordable units are required for senior units.

(Ord. No. 2025-04, § 4(Exh. A, § 15), 5-15-25)