Article I — IN GENERAL

DIVISION 1. - DECLARATION OF NECESSITY

Sec. 41-1. - Purpose.

Because of the necessity of segregating the location of residences, businesses, trades and industries; and regulating the use of buildings, structures, and land; and regulating the location, height, bulk, and size of buildings and structures, the size of yards and other open spaces; the city is divided into land-use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to:

(a)

Encourage the most appropriate use of land.

(b)

Conserve and stabilize property value.

(c)

Provide adequate open spaces for light and air and to prevent and fight fires.

(d)

Prevent the undue concentration of population.

(e)

Lessen congestion on streets and highways.

(f)

Promote the health, safety and the general welfare of the people, all as part of the general plan of the city.

(Code 1952, § 9200; Ord. No. NS-455, § 1, 6-20-60)

Secs. 41-2—41-10. - Reserved. DIVISION 2. - DEFINITIONS

Sec. 41-11. - General.

The words and phrases, whenever used in this chapter, shall be construed as defined in this division, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. The words used in the present tense include the future tense, and words in the singular number include the plural number.

(Code 1952, § 9210; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-11.1. - Reserved.

Editor's note— Ord. No. NS-2986, § 3, adopted April 7, 2020, repealed § 41-11.1. Former § 41-11.1 pertained to accessory dwelling units and derived from Ord. No. NS-2940, § 3, adopted April 3, 2018.

Sec. 41-12. - Accessory structure or building.

An accessory structure or building is a detached building or structure, part of building or structure that is incidental or subordinate to the main building, structure or use on the same lot or parcel of land, without cooking facilities and is used exclusively by the occupant of the main building.

(Code 1952, § 9210.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1036, § 1, 9-8-70; Ord. No. NS-1395, § 1, 12-12-77; Ord. No. NS-2803, § 2, 6-21-10)

Editor's note— Ord. No. NS-2803, § 2, adopted June 21, 2010, changed the title of section 41-12 from "Accessory building" to "Accessory structure or building."

Sec. 41-12.1. - Adult day care facility.

An adult day care facility is a facility that provides nonmedical care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis, as currently defined by California Health and Safety code section 1502(a)(2), as it may be amended from time to time.

(Ord. No. NS-2446, § 3, 9-18-00)

Sec. 41-12.2. - Reserved.

Editor's note— Ord. No. NS-2373, § 3, adopted Dec. 7, 1998, repealed § 41-12.2 which pertained to adult entertainment business and derived from Ord. No. NS-1395, § 3, adopted Dec. 12, 1977; and Ord. No. NS-

2209, § 1, adopted Dec. 20, 1993.

Sec. 41-12.3. - Reserved.

Editor's note— Ord. No. NS-2373, § 3, adopted Dec. 7, 1998, repealed § 41-12.3 which pertained to adult motels and derived from Ord. No. NS-1395, § 4, adopted Dec. 12, 1977; and Ord. No. NS-2209, § 2, adopted Dec. 20, 1993.

Sec. 41-12.4. - Reserved.

Editor's note— Ord. No. NS-2373, § 3, adopted Dec. 7, 1998, repealed § 41-12.4 which pertained to adult theater and derived from Ord. No. NS-2209, § 3, adopted Dec. 20, 1993.

Sec. 41-13. - Alley.

An alley is any public or private thoroughfare for the use of pedestrians or vehicles, not less than ten (10) feet nor more than thirty (30) feet in width, and which affords only a secondary means of access to abutting properties.

(Code 1952, § 9210.2; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-13.5. - Ancillary use.

An ancillary use is a use which is supportive of and subordinate to any primary use.

(Ord. No. NS-2275, § 1, 12-18-95)

Sec. 41-14. - Apartment.

An apartment is one (1) or more rooms in an apartment house or dwelling occupied or intended or designed for occupancy by one (1) family for sleeping or living purposes and containing one (1) kitchen.

(Code 1952, § 9210.3; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-15. - Apartment, bachelor.

A bachelor apartment is one (1) or more rooms in an apartment house or dwelling occupied or intended or designed for occupancy by one (1) family for sleeping or living purposes and containing not more than one (1) kitchen and utility room, one (1) sleeping room, one (1) bathroom and incidental closet space.

(Code 1952, § 9210.4; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-16. - Apartment house.

An apartment house is a building other than a hotel or motel, designed for or used to house three (3) or more families, living independently of each other, including all necessary employees of such families.

(Code 1952, § 9210.5; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-16.5. - Assemble.

Assemble means to fit or put together the parts of materials or products.

(Ord. No. NS-2275, § 2, 12-18-95)

Sec. 41-17. - Auto park or market.

An auto park or market is an open land area used for the storage and sale of complete and operative automobiles, new or used.

(Code 1952, § 9210.6; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-18. - Automobile house trailer; camp car.

An automobile house trailer or camp car is any building or structure with or without motive power designed for living purposes or the conduct of any business, profession, occupation, or trade, and containing plumbing, heating, or electrical equipment and designed so that it is, or may be, mounted on wheels for traveling on public thoroughfares.

(Code 1952, § 9210.7; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-19. - Automobile repair.

Automobile repair is the repair of motor vehicles, including the repair or replacement of engines and transmissions, body and fender repair, and the installation of nonfactory-installed products except those specified in section 41-20.

(Ord. No. NS-2118, § 1, 3-18-91)

Sec. 41-20. - Automobile servicing.

Automobile servicing is the servicing and minor repair of motor vehicles, including the replacement of belts, hoses, batteries, tires, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tuneups.

(Ord. No. NS-2103, § 1, 12-17-90)

Secs. 41-21—41-23. - Reserved. Sec. 41-24. - Bail bond use.

"Bail bond use" shall mean any use or business, whether primary or ancillary, that is subject to regulation pursuant to California Insurance Code Section 1800, et. seq., as such sections may be amended from time to time, including but limited to a use or business of a bail agent, a bail permittee, or a bail solicitor.

(Ord. No. NS-2661, § 3, 9-20-04)

Sec. 41-25. - Banquet facility.

A banquet facility is a facility available for rental and used for the purpose of meetings, parties, ceremonious gatherings, dining or entertainment. For the purposes of this definition, the term rental shall mean to obtain the possession and use of a facility, or a portion of a facility, on a short-term, hourly or daily

basis, where occupancy is closed to the general public, in exchange for monetary or other form of compensation.

(Ord. No. NS-2445, § 3, 9-18-00)

Sec. 41-25.5. - Bar.

A commercial establishment whose primary use is the sale and service of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law and which requires a "public premises"-type license issued by the California Department of Alcoholic Beverage Control.

(Ord. No. NS-2847, § 17, 8-5-13)

Sec. 41-26. - Basement or cellar.

A basement or cellar is that portion of a building between floor and ceiling which is either totally or partly below grade.

(Code 1952, § 9210.8; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-27. - Bedroom.

A bedroom is any room or segment of a dwelling unit separated from other portions of such dwelling unit by walls or other partitions, which is designed or used as sleeping quarters, provided that in determining the number of bedrooms in a dwelling unit all such rooms or segments having an area in excess of eighty (80) square feet (exclusive of one (1) living room, one (1) dining room and all rooms clearly designed as kitchens, bathrooms, closets and hallways) shall be deemed bedrooms regardless of any description or use for purposes other than sleeping quarters, such as dens, family rooms or guest rooms.

(Ord. No. NS-1961, § 1, 6-6-88)

Sec. 41-27.3. - Boarding house.

Boarding house means a residence or dwelling, other than a hotel or motel, wherein rooms are rented under multiple separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. Boarding houses do not include: (1) group homes; (2) residential care facilities; (3) sober-living homes; (4) transitional or supportive housing; or (5) single housekeeping units.

(Ord. No. NS-3084, § 3, 9-16-25)

Sec. 41-27.5. - Superstore.

A superstore is any retail use that sells from the premises goods and merchandise, primarily for personal and household use, and whose total interior space exceeds one hundred twenty thousand (120,000) square feet, and which devotes more than ten (10) per cent of its total interior space to the sale of merchandise which are not subject to state sales tax. For purposes of determining the total interior space, restrooms, office space, storage space, and service areas (e.g., automobile service, doctor or dental service, or

restaurant/fast food service) shall be excluded, but the aggregate space of adjacent stores that share common check stands, management, operation, controlling ownership, or warehouse or distribution facilitates shall be included.

(Ord. No. NS-2734, § 2, 2-5-07)

Sec. 41-28. - Building.

A building is any structure built for the support, shelter or enclosure of persons, or animals, chattels, or property of any kind.

(Code 1952, § 9210.10; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-29. - Building height.

Building height is the vertical distance measured from the curb level to the highest point of the roof surface.

(Code 1952, § 9210.11; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-30. - Building, main.

The main building is the principal building on a lot or building site designed or used to accommodate the primary use to which such area is devoted; where a permissible use involves more than one (1) structure designed or used for the same primary purpose, as in the case of group houses, each such permissible building on one (1) lot as defined by this chapter shall be considered a main building.

(Code 1952, § 9210.12; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-31. - Building site.

A building site is the ground area of a building or group of buildings together with all yard and open spaces as required by this chapter.

(Code 1952, § 9210.13; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-32. - Bulk merchandise store.

A bulk merchandise store is a store which exceeds sixty thousand (60,000) square feet in floor area where grocery and/or sundry goods are displayed for sale in bulk quantities.

(Ord. No. NS-1939, § 1, 1-4-88)

Sec. 41-33. - Business; business activity.

Business is any enterprise or livelihood whereby goods, services, use of property or facilities, or other valuable consideration is offered, or advertised as available, to the public, or any segment thereof, in exchange for payment of money or other valuable consideration, whether or not such enterprise or livelihood is carried out for profit, and includes, but is not limited to, the ownership or management of stores, shops, offices and recreational or amusement centers, and the use of offices by members of professions and trades rendering services. A business activity is any conduct or practice which forms part

of, or is incidental to, the operation of a business, including but not limited to, the store or display of goods for purposes of future sales, or the dispatching of vehicles for business purposes.

(Code 1952, § 9210.15; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1708, § 1, 12-19-83; Ord. No. NS2457, § 4, 1-2-01)

Secs. 41-34—41-40. - Reserved. Sec. 41-41. - Cabana.

A cabana is any portable, demountable or permanent cabin, small house, room, enclosure, or other building erected, constructed or placed to be used in conjunction with any automobile house trailer or camp car.

(Code 1952, § 9210.16; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-41.5. - Reserved.

Editor's note— Ord. No. NS-3084, § 4, adopted September 16, 2025, repealed § 41-41.5. Former § 4141.5 pertained to care homes and derived from Ord. No. NS-1532, § 1, adopted June 16, 1980.

Sec. 41-42. - Carport.

A carport is a permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile shelter.

(Code 1952, § 9210.17; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-42.5. - Reserved.

Editor's note— Ord. No. NS-3038, § 3, adopted February 7, 2023, repealed § 41-42.5. Former § 41-42.5 pertained to child care facilities and derived from Ord. No. NS-2111, § 1, adopted April 1, 1991 and Ord. No. 2446, § 4, adopted September 18, 2000.

Sec. 41-42.6. - Reserved. Sec. 41-42.7. - Check cashing facility.

As used in this Code, a check cashing facility is any business, company, corporation, establishment, organization, private enterprise, shop, or store whose primary or ancillary service is that of a check casher, as currently defined, and as may be amended from time to time by Title 1.6F, section 1789.31(a) of the California Civil Code.

(Ord. No. NS-2412, § 2, 12-6-99)

Sec. 41-43. - Club; fraternity; lodge.

A club, fraternity or lodge shall have the same meaning as that given to the word "club" pursuant to California Business and Professions Code section 23425, as it may be amended from time to time.

(Code 1952, § 9210.18; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2473, § 3, 6-18-01)

Sec. 41-43.5. - Commercial storage.

Commercial storage is a structure or building whose primary function is for collecting, maintaining or storing goods, materials, records or documents which do not belong to the owner or operator of the structure or building but are kept in trust.

(Ord. No. NS-2494, § 3, 4-15-02)

Sec. 41-44. - Compound.

Compound means to prepare by combining or mixing the parts of materials and products.

(Ord. No. NS-2275, § 3, 12-18-95)

Editor's note— Prior to the reenactment of § 41-44 by Ord. No. NS-2275, the section had been repealed by Ord. No. NS-1532, § 4, enacted June 16, 1980. The repealed § 41-44 set forth the definition of "convalescent home" and derived from Code 1952, § 9210.19, and Ord. No. NS-455, § 1, adopted June 20, 1960.

Sec. 41-44.5. - Concert venue.

A commercial establishment of eleven thousand (11,000) square feet or larger where people go to primarily listen to and observe various forms of live concerts or entertainment, which includes dancing or other form of personal interaction with the performance.

(Ord. No. NS-2847, § 18, 8-5-13)

Sec. 41-44.6. - Counseling services.

A facility where personnel provide counseling services in individual or group sessions that focus specifically on mental development, recovery, rehabilitative vocational assistance, and employment preparation for the purposes of achieving independence, and/or integration in the workplace and community. For a practice providing counseling services specializing in substance abuse, this includes a facility that provides substance abuse counseling practiced by a licensed professional, on an outpatient basis, with or without the dispensing of medication onsite. "Counseling services" does not include "Medical office," which is separately defined.

(Ord. No. NS-3035, § 2, 12-20-22; Ord. No. NS-3038, § 4, 2-7-23)

Sec. 41-45. - Cyber café.

Cyber café shall mean an establishment whose primary purpose is to provide computers and/or other electronic devices for access to the Internet, e-mail or computer software programs which are networked (via LAN or WAN) or which function as a client/server program, and which seeks compensation in any form from users. Cyber café is synonymous with PC cafe, internet cafe or cyber centers, but does not include a cyber learning center as defined in Section 41-46 or recreational or entertainment uses as defined in Section 41-142.

(Ord. No. NS-2513, § 3, 9-3-02; Ord. No. NS-2977, § 2, 10-15-19)

Sec. 41-46. - Cyber learning center.

Cyber learning center shall mean an establishment that provides computer access, which is operated by the city, a school district, or a college district, or is operated by a non-profit organization without monetary charge.

(Ord. No. NS-2513, § 4, 9-3-02)

Sec. 41-47. - Data center.

A data center is a use whose primary purpose is to house computer servers or telecommunications switching facilities or internet nodes for entities, including but not limited to web hosting organizations, large enterprises or any other internet service organizations and whose gross floor area exceeds fifteen hundred (1,500) square feet. A server farm, telecom hotel, carrier hotel, darkened datacenter, co-location center or any other term applicable to facilities which are used for these specified purposes shall be deemed to be a data center.

(Ord. No. NS-2494, § 4, 4-15-02)

Sec. 41-47.5. - Daycare center.

"Daycare center" means a child daycare facility other than a family daycare facility, and includes infant centers, preschools, extended daycare facilities, and school age child care centers, and includes child care centers licensed pursuant to Section 1596.951 of the California Health and Safety Code.

(Ord. No. NS-3038, § 5, 2-7-23)

Sec. 41-48. - Dish antenna.

A dish antenna is an antenna characterized by a round parabolic surface having a diameter of more than two (2) feet.

(Ord. No. NS-1755, § 1, 12-17-84)

Sec. 41-49. - Disabled.

Disabled means, as is more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. For the purposes of this chapter, handicapped shall mean the same as disabled.

(Ord. No. NS-2813, § 2, 3-21-11; Ord. No. NS-3084, § 5, 9-16-25)

Sec. 41-50. - District.

A district is a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain limits are established, and certain off-street parking areas are required, all as set forth and specified in this chapter concerning districts and the modification thereof by suffix or prefix.

(Code 1952, § 9210.20; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-51. - Dwelling, one-family.

A residential building containing one (1) or more habitable rooms with only one (1) kitchen, designed for occupancy by one (1) independent household unit with common access to, and common use of all living, kitchen and bathroom areas.

(Code 1952, § 9210.21; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2710, § 3, 5-1-06)

Sec. 41-52. - Dwelling, two-family.

A two-family dwelling is a single building containing not more than two (2) families living independently of each other in separate living areas, which has a common roof and common interior or party walls, and which contains no more than two (2) kitchens.

(Code 1952, § 9210.22; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 2, 4-1-91)

Sec. 41-53. - Dwelling, multiple-family.

For definitions of multiple-family dwelling see definition of apartment house.

(Code 1952, § 9210.23; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-54. - Long-term stay business hotel.

A long-term stay business hotel is a hotel/motel which is designed and operated to primarily accommodate business travelers whose guest stays vary in general from one (1) week to a month or more. Any hotel/motel that contains a kitchen in guest rooms shall be considered a long-term stay business hotel. No long-term stay business hotel may be established in the city after July 1, 2001 except as permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use. Long-term stay business hotels shall not include transient/residential hotels.

(Ord. No. NS-2471, § 5, 5-21-01)

Sec. 41-54.5. - Electric fence.

"Electric fence" and "electrified fence" shall mean any fence powered by an electrical energizer with characteristics outlined and defined in California Civil Code Section 835 used to protect and secure industrial property.

(Ord. No. NS-3035, § 3, 12-20-22; Ord. No. NS-3038, § 6, 2-7-23)

Sec. 41-55. - Emergency shelter for homeless.

Housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person, where no individual or household may be denied emergency shelter because of an inability to pay; as defined and used in Section 50801(e) of the California Health and Safety Code.

(Ord. No. NS-2848, § 3, 9-3-13)

Sec. 41-56. - Reserved. Sec. 41-57. - Eating establishment.

A commercial establishment whose primary use is the sale and service of meals on-site to guests and which has suitable kitchen facilities containing the necessary appliances required for cooking unpackaged foods, and which complies with all of the requirements of the local department of health and the California Department of Alcoholic Beverage Control for a bona fide public eating place pursuant to the Section 23038 of the California Business and Professions Code.

(Ord. No. NS-2847, § 19, 8-5-13)

Sec. 41-58. - Equipment rental yard.

An equipment rental yard is a permanent establishment dedicated to the rental of building or construction tools, equipment, or other related supplies where the storage and display of said equipment and supplies may occur both within a structure, as well as in an outdoor yard area associated with said structure.

(Ord. No. NS-2812, § 2, 12-20-10)

Sec. 41-59. - Family daycare facilities.

"Family daycare facility" means a facility that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. For the purposes of this chapter, there are small family daycare facilities and large family daycare facilities. Small family daycare facilities provide care to no more than eight (8) children. Large family daycare facilities provide care to no more than fourteen (14) children.

(Ord. No. NS-3038, § 7, 2-7-23)

Sec. 41-60. - Freight, bus and truck terminals.

A freight, bus and truck terminal is a facility used for the storage and dispatch of larger scale vehicles including but not limited to semi-trailers, waste haulers, cement trucks, tow trucks and buses with a capacity greater than fifteen (15) persons. This may include facilities used to receive, sort, transfer and ship freight, such as packages by an overnight delivery service. This may also include vehicle maintenance, repair, and fueling to service the fleet.

(Ord. No. NS-2470, § 3, 5-21-01)

Secs. 41-61—41-63. - Reserved. Sec. 41-64. - Garage, private.

A private garage is an accessory building or portion of a main building, enclosed on three (3) or more sides and designed or used for the shelter or storage of vehicles owned or operated by the occupant of the main building.

(Code 1952, § 9210.25; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-65. - Garage, public.

A public garage is a building, other than a private garage, used for the storage, care, repair or equipping of motor vehicles.

(Code 1952, § 9210.26; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-65.5. - Garage sale.

A garage sale is a sale of goods, wares or merchandise from residential property where the public is invited onto such property to purchase such items; provided, however, that "garage sale" shall not include any sale of the personal belongings of a recently deceased resident of such property.

(Ord. No. NS-2096, § 1, 11-19-90; Ord. No. NS-2218, § 1, 6-20-94)

Sec. 41-66. - Gross floor area.

The gross floor area is the total floor area included within the outer walls of a building.

(Code 1952, § 9210.27; Ord. No. NS-455, 6-20-60; Ord. No. NS-521, § 1, 6-19-61; Ord. No. NS-635, § 1, 3- 4-63, Ord. No. NS-1674, § 2, 3-21-83)

A facility that is being used as a supportive living environment for persons who are considered disabled under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes shall not include residential care facilities and any dwelling that operates as a single housekeeping unit.

(Ord. No. NS-3084, § 6, 9-16-25)

Sec. 41-67. - Guesthouse.

A guesthouse is living quarters within an accessory building for the use of persons employed on the premises, or for the temporary use by guests of the occupants of the main building, and having no kitchen facilities and not rented or otherwise used as a dwelling unit.

(Code 1952, § 9210.28; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-67.5. - Hazardous material.

Hazardous material is any material, other than hazardous waste, which because of its quantity, concentration, or physical or chemical characteristics poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or the environment, including, but not limited to, any "hazardous substance," as defined in Section 25500 of the California Health and Safety Code, as it may from time to time be amended.

(Ord. No. NS-2122, § 1, 4-15-91)

Sec. 41-67.7. - Hazardous waste.

Hazardous waste is any material which is "hazardous waste" as defined in Section 25500 of the California Health and Safety Code, as it may from time to time be amended.

(Ord. No. NS-2122, § 2, 4-15-91)

Sec. 41-67.9. - Health clubs and gymnasiums.

A health club and gymnasium shall mean a commercial facility providing instruction and equipment designed to promote or improve the health of the clients.

(Ord. No. NS-2776, § 3, 9-2-08)

Sec. 41-68. - Helicopter.

A helicopter is any rotocraft which depends principally for its support and motion in the air upon lift generated by one (1) or more rotors that rotate on substantially vertical axes.

(Ord. No. NS-1039, § 1, 9-21-70)

A heliport is an area of land or water or a structural surface which is used, or is intended for use, for the landing and takeoff of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities.

(Ord. No. NS-1039, § 1, 9-21-70)

Sec. 41-70. - Helistop.

A helistop is the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

(Ord. No. NS-1039, § 1, 9-21-70)

Sec. 41-72. - Home improvement warehouse store.

A home improvement warehouse store is a store which exceeds sixty thousand (60,000) square feet in floor area where home improvement and construction goods are displayed for sale in bulk quantities.

(Ord. No. NS-1939, § 2, 1-4-88)

Sec. 41-73. - Home occupation.

A home occupation is a business conducted within a dwelling, or within buildings or areas accessory to a dwelling, by the occupant of the dwelling as a secondary use.

(Code 1952, § 9210.29; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1654, § 1, 11-1-82)

Sec. 41-73.5. - Hookah parlors.

(a)

A hookah parlor shall mean any facility or location whose business operation, whether as its primary use or as an ancillary use, is denoted by the smoking of tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including but not limited to establishments known variously as hookah bars, hookah lounges or hookah cafes.

(b)

A primary use shall mean a use that is not an ancillary use.

(Ord. No. NS-2763, § 3, 3-3-08)

Sec. 41-74. - Hospital.

A hospital is any institution, place, building or agency which maintains and operates organized facilities for the diagnosis, care and treatment of human illness, including convalescence and including care during and after pregnancy or which maintains and operates organized facilities for any such purpose and to which persons may be admitted for overnight stay or longer. "Hospital" includes nursing home and maternity home.

(Code 1952, § 9210.30; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-75. - Hospital, mental.

For definition of mental hospital see definition of hospital.

(Code 1952, § 9210.31; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-76. - Hospital, animal.

An animal hospital is an establishment in which veterinarian services are rendered to dogs, cats and other small animals and domestic pets.

(Code 1952, § 9210.32; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-77. - Hotel/motel.

A hotel/motel is any building, or portion of a building that is designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for tourists or transients. Such hotel/motel shall contain more than five (5) guest rooms. A hotel/motel that contains a kitchen (as defined in Section 310.7(3) of the California Building Code) in guest rooms shall be deemed to be a long-term stay business hotel. A hotel/motel that meets the criteria of Section 41-139 of this Code shall be deemed to be a transient/residential hotel.

(Code 1952, § 9210.33; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1532, § 2, 6-16-80; Ord. No. NS-2471, § 7, 5-21-01; Ord. No. NS-3084, § 7, 8, 9-16-25)

Sec. 41-78. - Household.

Household means all the individuals occupying a dwelling unit, and includes people who live in different units governed by the same operator, but does not include a single housekeeping unit.

(Ord. No. NS-3084, § 7, 8, 9-16-25)

Sec. 41-78.5. - House manager.

The person, or group of persons, that is present at a group home, as defined in this chapter, on a 24-hour basis and is responsible for the day-to-day operation of the group home. The house manager may be the operator, or a duly authorized representative of the operator.

(Ord. No. NS-3084, § 9, 9-16-25)

Sec. 41-79. - Impound yard.

An impound yard is an area used for the temporary storage of vehicles which have been towed to such area due to having been abandoned or illegally parked or for a similar reason, and where there is no dismantlement of such vehicles nor any sale of the parts thereof.

(Ord. No. NS-1834, § 5, 2-3-86)

Sec. 41-79.2. - Indoor sport facility.

Indoor sport facility shall mean the use of any private property for the purpose of providing physical or recreation activity to the public within a fully enclosed structure. Examples of indoor sport facilities include, but are not limited to physical or recreational activities requiring a large floor area such as: soccer fields, go-cart racing, batting cages, bowling alleys, or rock climbing. "Indoor sport facility" shall not include cyber cafés as defined by section 41-45; gymnasium or health club as defined under section 41-67.9; recreational or entertainment uses defined under section 41-142; or slot car or radio controlled vehicles tracks.

(Ord. No. NS-2776, § 4, 9-2-08)

Sec. 41-79.5. - Indoor swap meet.

An indoor swap meet is a store which has been internally subdivided to allow for individual sales booths which are available for lease to individual tenants for display of goods for sale. For purposes of this section, areas bounded by permanent floor-to-ceiling walls or windows, in which all entryways are capable of being closed and locked, shall be considered separate stores and not subdivisions of one (1) store. No store in which one (1) vendor occupies at least eighty (80) per cent of the floor area used for sale of goods shall be considered an indoor swap meet. For purposes of this section, each person offering goods for sale in a store who has a permit from the state board of equalization to engage in or conduct business as a seller at that store shall be deemed a distinct independent vendor, and each such vendor, other than any person in control of the use and occupancy of the store, shall be deemed a tenant in that store.

(Ord. No. NS-1939, § 3, 1-4-88; Ord. No. NS-2090, § 1, 10-15-90)

Sec. 41-80. - Inoperable vehicles.

Any vehicle, either mechanically or legally incapable of being driven on a public street or highway.

(Ord. No. NS-1080, § 1, 5-17-71)

Secs. 41-81, 41-82. - Reserved. Sec. 41-83. - Institution.

An establishment maintained and operated for the purpose of providing charitable, social, educational, medical, or similar services.

(Code 1952, § 9210.34; Ord. No. NS-455, § 1, (6-20-60))

Sec. 41-83.2. - Integral group home facilities.

Any combination of two (2) or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one (1) operation shall be referred to as integral facilities and shall be considered one (1) facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one (1) facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one (1) licensed or unlicensed facility.

(Ord. No. NS-3084, § 10, 9-16-25)

Sec. 41-83.5. - Integrated development site.

Integrated development site shall mean any site, regardless of the number of lots or individual tenants, that is developed with common parking, on-site circulation, architecture or design features.

(Ord. No. NS-2635, § 3, 8-4-03)

Sec. 41-84. - Interpretive center.

An interpretive center is an outdoor learning center in which existing natural or cultural resources are displayed or identified.

(Ord. No. NS-2511, § 2, 9-3-02)

Secs. 41-85—41-87. - Reserved.

Sec. 41-88. - Junk yards, automobile wrecking yards, and salvage yards.

A junk yard, automobile wrecking yard, or salvage yard is any space of two hundred (200) square feet or more of area of any lot used for the storage, sale, keeping or abandonment of inoperable vehicles, junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof, other than an impound yard

(Code 1952, § 9210.35; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1080, § 2, 5-17-71; Ord. No. NS-1834, § 4, 2-3-86)

Secs. 41-89—41-93. - Reserved. Sec. 41-94. - Kennel.

A kennel is any lot, building, structure, enclosure, premise or place, whereon or wherein, three (3) or more dogs are kept or maintained for the purpose of breeding, training, raising, boarding or as pets.

(Code 1952, § 9210.36; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-95. - Kitchen.

A kitchen is any room or space used or intended or designed to be used for cooking or the preparation of food.

(Code 1952, § 9210.37; Ord. No. NS-455, § 1, 6-20-60)

Secs. 41-96—41-99. - Reserved.

Sec. 41-100. - Landscape.

Landscape is any yard or other open space which is purposely designed to create an aesthetic environment composed of plant materials, synthetic turf, and/or other decorative elements such as fountains, ponds, sculptures, walls, fences, and planters.

(Code 1952, § 9210.37.5; Ord. No. NS-908, § 1, 1-2-68; Ord. No. NS-3038, § 8, 2-7-23)

Sec. 41-101. - Landscaping.

Landscaping is the act of providing landscape as defined in this division.

(Code 1952, § 9210.37.6; Ord. No. NS-908, § 1, 1-2-68)

Sec. 41-101.2. - Live entertainment.

Includes, but is not limited to, musical performances (non-ambient (as defined in section 11-1), live or recorded), any act, play, revue, pantomime scene, dance act, DJ, Karaoke, strolling musician or any combination thereof, performed by one (1) or more persons whether or not they are compensated for the performance.

(Ord. No. NS-2847, § 20, 8-5-13)

Sec. 4-101.5. - Live-work community.

A live-work community is a building, or portion thereof, used for units which are each a combination of a studio/workshop and a living quarters, and may be either a building, or portion thereof, originally designed for nonresidential purposes and converted to such use or a new building initially designed for such use.

(Ord. No. NS-2230, § 1, 8-15-94)

Sec. 41-102. - Loading space.

A loading space is an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle in order to load or unload merchandise or

material, and which abuts upon a street, alley or other appropriate means of access.

(Code 1952, § 9210.38; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-103. - Reserved.

Editor's note— Ord. No. NS-3084, § 11, adopted September 16, 2025, repealed § 41-103. Former § 41103 pertained to lodging houses and derived from § 9210.39 of the Code of 1952; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-1532, § 3, adopted June 16, 1980.

Sec. 41-103.5. - Long-term stay business hotel.

A long-term stay business hotel is a hotel/motel which is designed and operated to primarily accommodate business travelers whose guest stays vary in general from one (1) week to a month or more. Any

hotel/motel that contains a kitchen in guest rooms shall be considered a long-term stay business hotel. No long-term stay business hotel may be established in the city after July 1, 2001 except as permitted by a SP (specific plan) or SD (specific development) district and then only as a conditional use. Long-term stay business hotels shall not include transient/residential hotels.

(Ord. No. NS-2710, § 4, 5-1-06)

Sec. 41-104. - Lot.

A lot is a parcel of real property shown on an approved final subdivision map or record of survey map or a recorded parcel described by metes and bounds.

(Code 1952, § 9210.40; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-105. - Lot coverage.

Lot coverage is the amount of lot area stated in terms of percentage that is covered by all buildings or structures located thereon. This shall be considered to include the building footprint and all building projections, but shall exclude patio covers, awnings and eaves.

(Code 1952, § 9210.41; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2710, § 5, 5-1-06)

Sec. 41-106. - Lot line, front.

The front lot line is the boundary line between a street and abutting property and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.

(Code 1952, § 9210.42; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-107. - Lot line, rear.

The rear lot line is a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangle for trapezoidal lot, or of a lot the rear of which is formed by two (2) or more lines, the following shall apply:

(a)

For a triangular shaped lot a line ten (10) feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be considered the rear lot line; or

(b)

In the case of a trapezoidal lot the rear line of which is not parallel to the front lot line, the rear lot line shall be considered to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; or

(c)

In the case of a pentagonal lot the rear boundary of which includes an angle formed by two (2) lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.

(Code 1952, § 9210.43; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-108. - Lot line, side.

A side lot line is any lot boundary line not a front lot line or a rear lot line.

(Code 1952, § 9210.44; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-109. - Lot width.

The lot width is the distance between the side lot lines measured at right angles to the lot depth line at a point midway between the front and rear lot lines.

(Code 1952, § 9210.45; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-110. - Lot depth.

The lot depth is the horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

(Code 1952, § 9210.46; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-111. - Lot area.

The lot area is the total land area within the property lines of a lot.

(Code 1952, § 9210.47; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-112. - Lot, corner.

A corner lot is a lot situated at the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty-five (135) degrees.

(Code 1952, § 9210.48; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-113. - Lot, reversed corner.

A reversed corner lot is a corner lot, the rear of which abuts the side lot line of another lot.

(Code 1952, § 9210.49; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-114. - Lot, interior.

An interior lot is a lot other than a corner lot.

(Code 1952, § 9210.50; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-115. - Lot, key.

A key lot is the first interior lot to the rear of a reversed corner lot.

(Code 1952, § 9210.51; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-116. - Lot, through.

A through lot is a lot having frontage on two (2) streets (a corner lot, having frontage on two (2) parallel or approximately parallel streets, or two (2) streets, the center lines of which, if projected, would not make an angle of more than thirty (30) degrees).

(Code 1952, § 9210.52; Ord. No. NS-455, § 1, 6-20-60)

Secs. 41-117, 41-118. - Reserved. Sec. 41-119. - Manufacture.

Manufacture means the making of materials or products by hand or by machinery, often with division of labor.

(Ord. No. NS-2275, § 4, 12-18-95)

Sec. 41-120. - Mechanical equipment or appurtenances.

Mechanical equipment or appurtenances shall include air conditioners, fans, compressors, refrigeration units, exhaust fans, vents, tanks, stacks, duct work, furnaces, adsorption units, air filters or purifiers, chimneys, gravity or rotary vents, or any similar type equipment. This definition does not include attractively designed and constructed residential type chimneys on residential units or buildings.

(Ord. No. NS-1157, § 1, 3-19-73)

Sec. 41-120.1. - Medical office.

A medical office is a facility providing consultation, diagnosis, therapeutic, preventive, surgical, or corrective personal treatment services by doctors or dentists, and their support staff, to support the healing of humans, wherein such medical doctors and dentists are licensed. These facilities can be at health centers, individual doctor or dentist offices, and exclude practices providing counseling services specializing in substance abuse, homeless support services, and medical research laboratories.

(Ord. No. NS-3035, § 4, 12-20-22; Ord. No. NS-3038, § 9, 2-7-23)

Editor's note— Ord. No. NS-3035, § 4, adopted December 20, 2022, set out provisions intended for use as § 41-121. In order to avoid duplication of section numbers and at the editor's discretion, these provisions have been included as 41-120.1.

Sec. 41-121. - Mobile food truck.

Mobile Food Truck means a motorized vehicle or mobile food unit, licensed by the California Department of Motor Vehicles, designed and equipped to prepare, serve, and sell food and/or non-alcoholic beverages. For purposes herein, the term "food" shall mean fruit, meat, vegetables, or other nutritious substance, dispensed in prepared, packaged or other form suitable for immediate ingestion or consumption by human beings. "Mobile Food Truck" shall not include a trailer or any wagon or pushcart, either propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing food.

(Ord. No. NS-3034, § 3, 12-20-22)

Sec. 41-122. - Museums and science centers.

Museums and science centers are facilities which specialize in scientific, cultural or artistic exhibits. Ancillary uses, located within the same premises and architecturally integrated with the main building, may include eating establishments, gift shops, theaters, assembly rooms, and similar activities to support the primary operation and activities of the facility.

(Ord. No. NS-2296, § 3, 10-7-96)

Sec. 41-123. - Multiservice center for homeless.

A site which is operated under the auspices of a government or non-profit agency, for the purposes of bringing together essential services to meet the needs and development of homeless clients. Limited to occupancy of six (6) months or less by a homeless person. A multiservice center shall include intake, assessment, and individualized case management services for homeless clients. Services provided shall address basic and immediate necessities, such as overnight shelter, showers, food, medical attention and mental health services, as well as higher level needs, including, but not limited to, computer access, job training and placement, life skills coaching and legal assistance.

(Ord. No. NS-2848, § 4, 9-3-13)

Secs. 41-124, 41-125. - Reserved. Sec. 41-126. - Nonconforming use.

A nonconforming use is a use of land or of a building or structure which was initiated prior to July 20, 1960, or which was conducted in conformity with all applicable provisions of this chapter as they existed at the time such use was initiated, but which thereafter became nonconforming to any provision of this chapter due to the enactment or amendment of such provision or due to the acquisition by a public agency of real property through eminent domain or through a voluntary conveyance in lieu thereof.

(Ord. No. NS-45, § 1, 6-20-60; Ord. No. NS-1753, § 1, 11-19-84)

Sec. 41-127. - Nonconforming building.

A nonconforming building is a building to which either of the following circumstances apply:

(1)

The building was constructed prior to July 20, 1960, and thereafter the building, or any of its appurtenances, or the site on which it is located became nonconforming to any provision of this chapter due to the enactment or amendment of such provision or due to the acquisition by a public agency of real property through eminent domain or through a voluntary conveyance in lieu thereof.

(2)

The building and its appurtenances and the site on which it is located existed at one time in conformance with all applicable provisions of this chapter, and thereafter the building, or any of its appurtenances, or the site on which it is located became nonconforming to any provision of this chapter due to the enactment or amendment of such provision or due to the acquisition by a public agency of real property through eminent domain or through a voluntary conveyance in lieu thereof.

(Code 1952, § 9210.55; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1753, § 2, 11-19-84; Ord. No. NS1961, § 2, 6-6-88)

Sec. 41-127.5. - Professional, business, and administrative office.

A professional, business, or administrative office is an establishment providing direct, "over-the-counter" services or business services to consumers or clients (e.g., insurance agencies, real estate offices, travel agencies, utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property.

(Ord. No. NS-3035, § 5, 12-20-22; Ord. No. NS-3038, § 10, 2-7-23)

Sec. 41-128. - Off-sale establishment.

Those establishments licensed by the California Department of Alcoholic Beverage Control to sell alcohol for consumption away from the premises (e.g., liquor stores, convenience stores, grocery stores).

(Ord. No. NS-2847, § 21, 8-5-13)

Sec. 41-129. - On-sale establishment.

Those establishments that qualify as bona fide eating establishments and that are licensed by the California Department of Alcoholic Beverage Control to sell alcohol for consumption on the premises.

(Ord. No. NS-2847, § 22, 8-5-13)

Sec. 41-130. - Outdoor dining.

Outdoor Dining means an ancillary outdoor area use on private property where tables and chairs are provided for patrons to consume food and/or beverages provided by an adjacent eating establishment.

(Ord. No. NS-3033, § 3, 12-20-22)

Sec. 41-130.5 - Outdoor dining area.

Outdoor Dining Area means an approved designated outdoor dining area, in accordance with Article XXI (Outdoor Dining on Private Property) of this Chapter, that is enclosed by permanent improvements such as landscape, planters, fencing, decks, patio or shade structures, or other decorative barriers.

(Ord. No. NS-3033, § 4, 12-20-22)

Sec. 41-131. - Outdoor vending machine.

Outdoor vending machine shall mean a mechanical device located on the outside of a building that provides a product or service to the public for compensation, including but not limited to water dispensers, drink dispensers, food dispensers or water vending machines. For purposes of this chapter, news boxes, pay phones, automated teller machines and youth amusement rides shall not be deemed to be outdoor vending machines.

(Ord. No. NS-2635, § 4, 8-4-03; Ord. No. NS-2710, § 6, 5-1-06)

Sec. 41-131.5. - Outdoor water vending machine.

Outdoor water vending machine shall mean a mechanical device located within a building exterior storefront that solely dispenses water for compensation. For purposes of this chapter, machines that vend prepackaged bottled water shall not be considered outdoor water dispensing machines.

(Ord. No. NS-2710, § 7, 5-1-06)

Secs. 41-132—41-135. - Reserved.

Editor's note— Ord. No. NS-2847, § 25, adopted August 5, 2013, repealed § 41-132 in its entirety. Former § 41-132 pertained to overconcentration of alcohol licenses and was derived from Ord. No. NS-2334, § 1, adopted November 3, 1997.

Sec. 41-136. - Parking area, public.

A public parking area is an open area other than a street or alley used for the parking of automobiles and available for public use whether free, for compensation, or as an accommodation for clients or customers.

(Code 1952, § 9210.58; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-137. - Parking space.

A parking space is a space within a public or private parking area or a building, exclusive of driveways, ramps, columns, office and work area, for the temporary parking or storage of one (1) automobile.

(Code 1952, § 9210.59; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-137.1. - Parking space, bicycle.

A bicycle parking space is a space within a public or private property, exclusive of street right-of-way, driveways, ramps, walkways, required landscape areas or work space for the temporary parking or storage

of one (1) bicycle. A bicycle parking space is primarily for visitors and guests, and shall include a permanently affixed post or rack for attaching a bicycle.

(Ord. No. 2787, § 3, 6-8-09)

A passenger transportation service is a use that stores or dispatches vehicles that provide passenger transportation, which include but are not limited to taxicab, limousine, shuttle or transit vehicles with a maximum capacity of fifteen (15) persons, and ambulance services. This may include vehicle maintenance, repair, and fueling to service the fleet.

(Ord. No. NS-2470, § 4, 5-21-01)

Porte-cochere is a structure over the driveway, and attached to the main residence for the temporary sheltering and unloading of passengers by an entrance of the building.

(Ord. No. NS-2710, § 8, 5-1-06)

Sec. 41-138. - Processing.

Processing means the preparation of materials or products by a particular method.

(Ord. No. NS-2275, § 5, 12-18-95)

Sec. 41-138.5. - Public premise.

An establishment licensed by the California Department of Alcoholic Beverage Control to sell and serve alcohol pursuant to Section 23039 of the California Business and Professions Code.

(Ord. No. NS-2847, § 23, 8-5-13)

Sec. 41-139. - Transient/residential hotel.

A transient/residential hotel differs from a hotel/motel in that, while guests at a hotel/motel have another, primary residence, the guests at a transient/residential hotel utilize it as their primary residence (for purposes of this section the term "primary residence" shall have the same definition as under California Health & Safety Code section 50519(b)(1)). Any hotel/motel that rents, lets or otherwise provides for compensation, twenty-five (25) per cent or more of the total number of rooms therein to any person, firm, partnership, corporation, association, or other business entity for occupancy which exceeds twenty-eight (28) consecutive days or twenty-eight (28) days in any 60-day consecutive period shall be deemed to be a transient/residential hotel. No transient/residential hotel may be established in the city after June 7, 1999 unless:

(1)

It was existing on June 7, 1999; and

(2)

It is permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use.

(Ord. No. NS-2471, § 6, 5-21-01)

A modification or exception to the standards, regulations, policies, and procedures contained in this title for the siting, development, and use of housing or housing-related facilities, that would eliminate regulatory barriers and provide an individual with a disability equal opportunity for the use and enjoyment of housing of their choice, and that does not impose undue financial or administrative burdens on the city or require a fundamental or substantial alteration of the city's planning and zoning programs.

(Ord. No. NS-2813, § 3, 3-21-11)

Sec. 41-142. - Recreational or entertainment uses.

Recreational or entertainment uses include any use of property for the purpose of providing recreation or entertainment to the public for compensation, including, but not limited to, carnivals, circuses, amusement parks, golf course, bowling alleys, billiard parlors, pool halls, sports stadiums, dance halls, and game arcades; provided, however, that the use of less than five (5) per cent of the floor space of that part of a building which is open to the public for mechanical or electronic games shall not be considered a recreational or service use. The square footage for each pool table shall be calculated at one hundred ninety-two (192) square feet to accommodate the area necessary for the players.

(Ord. No. NS-1732, § 1, 6-25-84; Ord. No. NS-2710, § 9, 5-1-06)

Sec. 41-142.2. - Recreational vehicle, vehicle and/or boat storage yard.

A recreational vehicle, vehicle and/or boat storage yard is an outdoor facility in which spaces are individually rented or leased for the storage of recreational vehicles, vehicles or boats (with or without trailers).

(Ord. No. NS-2494, § 6, 4-15-02)

Sec. 41-142.5. - Rehabilitation.

Rehabilitation is the restoration or modification of an existing building which alters the aesthetic quality of the building, excluding normal maintenance.

(Ord. No. NS-1961, § 3, 6-6-88)

Sec. 41-143. - Residence.

For definition of residence see definition of dwelling.

(Code 1952, § 9210.61; Ord. No. NS-455, § 1, 6-20-60)

Residential care facility means a residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include, but are not limited to, the following: An intermediate care facility/developmentally disabledhabilitative or an intermediate care facility/developmentally disabled-nursing, as defined by California Health and Safety Code Section 1250; a congregate living health facility, as defined by California Health and Safety Code Section 1250; a community care facility, as defined by California Health and Safety Code Section 1502; a residential care facility for the elderly, as defined by California Health and Safety Code Section 1569.2; a residential care facility for persons with chronic life-threatening illness, as defined by California Health and Safety Code Section 1568.01; an alcoholism or drug abuse recovery or treatment facility, as defined by California Health and Safety Code Section 11834.02; a pediatric day health and respite care facility, as defined by California Health and Safety Code Section 1760.2; or a family care home, foster home, or group home serving persons with mental health disorders or other disabilities or dependent and neglected children under California Welfare and Institutions Code Section 5116.

(Ord. No. NS-3084, § 12, 9-16-25)

Sec. 41-144. - Retail and service uses.

Retail and service uses include any use of property for the purpose of offering merchandise or services to the public for compensation, and include banks, savings and loan associations, and similar financial institutions, but do not include the following:

(a)

Sheet metal shops, body-fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly and traditionally incidental and essential to a particular retail activity.

(b)

Reserved.

(c)

A hookah parlor as defined in section 41-73.5 of this Code.

(d)

Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit in one (1) or more use districts pursuant to article III of this chapter.

(Ord. No. NS-1732, § 2, 6-25-84; Ord. No. NS-2758, § 4, 11-5-07; Ord. No. NS-2763, § 4, 3-3-08; Ord. No. NS-2864, § 4, 12-9-14,)

Sec. 41-145. - Reserved.

Editor's note— Ord. No. NS-3084, § 13, adopted September 16, 2025, repealed § 41-145. Former § 41145 pertained to rooming houses and derived from § 9210.63 of the Code of 1952 and Ord. No. NS-455, § 1, adopted June 20, 1960.

Secs. 41-146—41-149. - Reserved. Sec. 41-150. - Sanitarium.

For definition of sanitarium see definition of hospital.

(Code 1952, § 9210.64; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-150.5. - Schools.

A school means any public, charter, or private educational facility for elementary, middle, junior high, and high school, serving kindergarten through twelfth grade students, including denominational and sectarian, boarding schools, and military academies, but does not include daycare centers as defined in Section 41.47.5.

(Ord. No. NS-2983, § 3, 1-21-20; Ord. No. NS-3044, § 20, 6-20-23)

The prescribed distance between a regulated use, conditionally permitted use, or any other use specifying a separation requirement, and the sensitive use(s) near which it is located. For purposes of variances or minor exceptions as addressed in section 41-632, a separation requirement will not be considered a development standard and will not be subject to waiver or modification.

(Ord. No. NS-2847, § 24, 8-5-13)

Sec. 41-151. - Service station.

A service station is a filling station which supplies motor fuel and oil to motor vehicles and which may also include automobile servicing, the sale of motor vehicle accessories, and other retail sales.

(Code 1952, § 9210.65; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2118, § 2, 3-18-91)

Sec. 41-152. - Setback line; future right-of-way line.

A setback line or future right-of-way line is the line between which line and a street line no structure shall project, be erected, or placed.

(Code 1952, § 9210.66; Ord. No. NS-455, § 1, 6-20-60)

Secs. 41-152.1, 41-152.2. - Reserved.

Editor's note— Ord. No. NS-2373, § 3, adopted December 7, 1998, repealed §§ 41-152.1 and 41.152.2, which pertained to specified anatomical areas and specified sexual activities, respectively, and derived from Ord. No. NS-1395, §§ 5, 6, adopted December 12, 1977.

Sec. 41-152.5. - Single housekeeping unit.

Single housekeeping unit means that residents of the dwelling unit have established ties and familiarity and interact with each other and whose use of the dwelling unit satisfies each of the following criteria:

(1)

If the dwelling unit is rented, each adult resident is named on and is a party to a single written lease that gives each resident joint use and responsibility for the premises.

(2)

Residents generally do not have separate entrances or separate secured food-storage facilities such as cabinets or refrigerators.

(3)

The residential activities of the household are conducted on a nonprofit basis.

(4)

The household is strictly resident-run; there is no care or supervision provided by a third-party or a paid resident manager at the dwelling unit or on the property.

(5)

Membership in the single housekeeping unit is fairly stable as opposed to transient or temporary.

(6)

All adult residents have chosen to jointly occupy the entire premises of the dwelling unit and they each have access to all common areas.

(7)

Membership of the household is determined by the residents not by a landlord, property manager or other third party.

(Ord. No. NS-3084, § 14, 9-16-25)

Sec. 41-152.7. - Sober-living home.

Sober-living home means a group home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under state or federal law. Sober-living home shall not include residential care facilities and sober-living homes that operate as a single housekeeping unit.

(Ord. No. NS-3084, § 15, 9-16-25)

Sec. 41-153. - Story.

A story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above

a basement or cellar is more than six (6) feet above grade such basement or cellar shall be considered a story.

(Code 1952, § 9210.67; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-154. - Street.

A street is a public thoroughfare including public roads or highways which affords principal means of access to abutting property.

(Code 1952, § 9210.68; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-155. - Street line.

The street line is the boundary line between a street and abutting property.

(Code 1952, § 9210.69; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-156. - Structure.

A structure is anything constructed or erected which requires permanent location on the ground, or attached to something having permanent location on the ground, including signs and billboards, but not including fences or walls used as fences, six (6) feet in height or less.

(Code 1952, § 9210.70; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-157. - Structural alteration.

Structure alteration is any change in the supporting members of a building such as bearing walls, columns, beams, girders, floor joists, roof joists, rafters, or changes in roof or exterior lines.

(Code 1952, § 9210.71; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-158. - Studio.

A studio is the workplace of one (1) or more individuals who are engaged in the production of works of art or handicrafts for a living, including, but not limited to, painting, sculpture, music, photography, ceramics, glass works and the performing arts.

(Ord. No. NS-2230, § 2, 8-15-94)

Sec. 41-158.5. - Supportive housing.

Housing with no limit on length of stay, that is occupied by persons and families who were homeless when approved for tenancy in the supportive housing project in which they currently reside, 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; as defined by Section 50675.14 of the Health and Safety Code.

(Ord. No. NS-2848, § 5, 9-3-13)

Any facility that includes any of the following activities:

(a)

"Body art establishments" means any specified building, section of a building, or vehicle in which a practitioner performs body art, including reception areas, the procedure area, and the decontamination and sterilization area. "Body art establishments" does not include a facility that only pierces the ear with a disposable, single-use, presterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

(b)

"Body art" means the body piercing, tattooing, branding, or application of permanent cosmetics.

(c)

"Body piercing" means the creation of an opening in a human body for the purpose of inserting jewelry or other decoration. "Body piercing" includes the piercing of an ear, including the tragus; lip; tongue; nose; eyebrow; or other body part. "Body piercing" does not include the piercing of an ear, except for the tragus, with a disposable, single-use, presterilized stud and clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

(d)

"Branding" means the process in which a mark or marks are burned into human skin tissue with a hot iron or other instrument, with the intention of leaving a permanent scar.

(e)

"Permanent cosmetics" means the application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes permanent eyeliner, eyebrow, or lip color. Permanent cosmetics, if done as an ancillary use within a beauty salon or spa, is not subject to the standards and restrictions in section 41-199.3 — Tattoo and/or body art establishments.

(f)

"Tattooing" means the insertion of pigment in human skin tissue by piercing with a needle.

(Ord. No. NS-1861, § 1, 8-4-86; Ord. No. NS-2346, § 1, 3-16-98; Ord. No. NS-2931, § 3, 11-21-17; Ord. No. NS-2931, § 3, 11-21-17)

Editor's note— Ord. No. NS-2931, § 3, adopted November 21, 2017, amended § 41-159 to read as set out herein. Previously § 41-159 was titled "Thrift shop, purchase and loan, pawn shop."

Sec. 41-159.5. - Thrift shop, purchase and loan, pawnshop.

A thrift shop, purchase and loan, or pawnshop is a retail establishment that sells or purchases secondhand articles, or provides loans secured by secondhand articles.

(Ord. No. NS-2931, § 4, 11-21-17)

Sec. 41-160. - Townhouse.

A townhouse is a dwelling unit located in a group of three (3) or more attached dwelling units with no dwelling unit located above or below another and with each dwelling unit having its own exterior entrance.

(Ord. No. NS-2111, § 3, 4-1-91)

A trailer park or camp is any place, area, or tract of land upon which is located any trailer or camp car, but not including a location where a camp car or trailer is not inhabited.

(Code 1952, § 9210.72; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-161.5. - Transient/residential hotel.

A transient/residential hotel differs from a hotel/motel in that, while guests at a hotel/motel have another, primary residence, the guests at a transient/residential hotel utilize it as their primary residence (for purposes of this section the term "primary residence" shall have the same definition as under California Health and Safety Code subsection 50519(b)(1)). Any hotel/motel that rents, lets or otherwise provides for compensation, twenty-five (25) per cent or more of the total number of rooms therein to any person, firm, partnership, corporation, association, or other business entity for occupancy which exceeds twenty-eight (28) consecutive days or twenty-eight (28) days in any 60-day consecutive period shall be deemed to be a transient/residential hotel. No transient/residential hotel may be established in the city after June 7, 1999 unless:

(1)

It was existing on June 7, 1999; and

(2)

It is permitted by a SP (specific plan) or SD (specific development) district and then only as a conditional use.

(Ord. No. NS-2710, § 10, 5-1-06)

Treatment means the subjection of material or products to some process or substance.

(Ord. No. NS-2275, § 6, 12-18-95)

Sec. 41-163. - Transitional housing.

A building or buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6)

months; as defined in Section 50675.2 of the Health and Safety Code. Transitional Housing does not include state licensed residential care facilities, also referred to as care homes.

(Ord. No. NS-2848, § 6, 9-3-13)

Secs. 41-164, 41-165. - Reserved. Sec. 41-166. - Use.

Use is the purpose for which land or a building is arranged, designed or intended or for which either land or a building is or may be occupied or maintained.

(Code 1952, § 9210.73; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-166.5. - Warehouse.

Warehouse means a storehouse for goods prior to distribution, sale or use.

(Ord. No. NS-2275, § 7, 12-18-95)

Sec. 41-167. - Warehouse, mini.

A mini-warehouse is a structure or building, the interior of which has been partitioned or sectioned off into individual storage units or compartments which do not exceed one thousand (1,000) square feet in gross floor area per unit (may also include two (2) or more individually constructed units) and are individually rented or leased. A mini-storage or self-storage facility shall be deemed a mini-warehouse.

(Ord. No. NS-1225, § 1, 10-7-74; Ord. No. NS-2494, § 5, 4-15-02)

Secs. 41-168—41-170. - Reserved. Sec. 41-171. - Yard.

A yard is an open space other than a court on a lot unoccupied and unobstructed from the ground upward.

(Code 1952, § 9210.74; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-172. - Yard, front.

A front yard is a yard extending across the full width of the lot, the depth of which is the distance between the front lot line and the main wall of the building.

(Code 1952, § 9210.75; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-173. - Yard, rear.

A rear yard is a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured from the nearest point of the rear lot line toward the nearest main wall of the building.

(Code 1952, § 9210.76; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-174. - Yard, side.

A side yard is a yard, between a main building and the side lot line, extending from the front to the rear property line. The width of the required side yard shall be measured from the nearest point of the side lot line toward the nearest main wall of the building

(Code 1952, § 9210.77; Ord. No. NS-455, § 1, 6-20-60 ; Ord. No. NS-521, § 2, 6-19-61)

Sec. 41-175. - Youth amusement ride.

A freestanding electric, mechanical, or hydraulic amusement ride designed for use by one (1) to four (4) children, and typically activated by deposit of coin or token.

(Ord. No. NS-2487, § 3, 2-4-02)

Sec. 41-176—41-183. - Reserved.

ARTICLE II. - USE DISTRICTS—GENERAL PROVISIONS

Sec. 41-184. - Districts established.

In order to carry out the purpose and provisions of this chapter, the city is divided into the following districts:

A1 —

General agricultural

RE —

Residential-estate

R1 —

Single-family residence

R2 —

Limited multiple-family residence

R3 —

Medium-density multiple-family residence

R4 —

Suburban apartment

P —

Professional

GC —

Government center

C1 —

Community commercial

C1-MD —

Community commercial/Museum District

C2 —

General commercial

C4 —

Planned shopping center

C5 —

Arterial commercial

CR —

Commercial residential

M1 —

Light industrial M2 —

Heavy industrial

C-SM —

South Main Street commercial district

O —

Open space

TV —

Transit Village

DT —

Downtown

UC —

Urban Center

CDR —

Corridor

UN-2 —

Urban Neighborhood 2

UN-1 —

Urban Neighborhood 1

SP —

Specific plan

SD —

Specific development

MO —

Military operations

OZ —

Overlay zone

(Code 1952, § 9220; Ord. No. NS-455, § 1, 6-20-60; Ord. No. 2306, § 3, 12-2-96; Ord. No. NS-2353, § 1, 6- 1-98; Ord. No. NS-2421, 4-3-00; Ord. No. NS-2803, § 3, 6-21-10)

Sec. 41-185. - Modification districts.

(a)

The use districts established in section 41-184 may be altered to conform with the following:

(1)

The B suffix appending the district classification shall allow properties within the district so modified to be used exclusively for parking as described in section 41-611 of this chapter.

(2)

Lot width and lot area suffix appending the district classification shall be indicated on the sectional district map and shall designate the lot width and lot area. The number preceding the district classification shall establish the minimum lot width and the number following the district classification shall establish the minimum lot area.

(3)

Overlay Zone (OZ) suffix appending the district classification shall allow parcels within the district to optionally develop in accordance with alternative uses and standards set forth in an adopted Overlay Zone ordinance, as further described in division 28 of this chapter.

(4)

The F suffix appending the district classification shall restrict properties within the district so modified to a maximum floor area ratio of 1.0. The F suffix shall not apply to properties that develop in accordance with an overlay zone.

(b)

The aforesaid land use districts shall be indicated on the sheets which comprise the official sectional district maps of the city.

(Code 1952, § 9221; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2739, § 2, 4-2-07)

Sec. 41-186. - District boundary changes.

Changes in the boundaries of any district shall be made by ordinance adopting an amended sectional district map, which said amended map when so adopted shall be published by reference in the manner prescribed by law and shall become a part of this chapter.

(Code 1952, § 9222; Ord. No. NS-455, 1, 6-20-60)

Sec. 41-187. - Uncertainty of boundaries.

Where uncertainty exists as to the boundaries of any district shown on said sectional district map the following rules shall apply:

(a)

Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

(b)

Where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on such sectional district map.

(c)

Where a public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley.

The boundaries of such districts as are shown upon the sectional district maps adopted by this chapter are hereby adopted and approved, and the regulations of this chapter governing the use of land and buildings, the height of buildings, the size of yards about buildings and other matters as herein set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each district shown upon each sectional district map.

(Code 1952, § 9223; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-188. - Establishment of land use classifications of properties outside the incorporated area.

The city may prezone certain contiguous areas which in the opinion of the planning commission or city council bears a relationship to its planning. Any district so established shall prevail if and when areas contained within such district are annexed to the city. For this purpose prezoning maps may be developed, adopted and amended as prescribed in article V of this chapter.

(Code 1952, § 9224; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-189. - Zoning status of annexed property.

If a prezoning map of properties outside the incorporated area has been adopted in the manner prescribed by ordinance, any territory upon becoming a part of the city shall possess the classification indicated on the detailed prezoning map, and such portions of the prezoning map shall become a part of the city zoning map and thereafter be subject to all of the provisions of this chapter.

If a prezoning map for an area has not been adopted, then such area shall, upon annexation, be considered to be classified A1 until reclassified in the manner prescribed by article V of this chapter.

(Code 1952, § 9225; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-190. - General restrictions.

Except as hereinafter provided:

(a)

No building shall be erected, reconstructed or structurally altered except in conformance to the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in Division 2 of Article 1 of this Chapter, not expressly permitted in any zoning district are prohibited.

(b)

No building shall be erected, reconstructed or structurally altered to exceed the height or size limit herein established for the district or modified district in which such building is located.

(c)

No lot area shall be so reduced or diminished that any yard area or other open spaces shall be smaller than prescribed by this chapter.

(d)

No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.

(e)

Every building hereafter erected shall be located on a lot created in conformance with the subdivision regulations and in no case shall there be more than one (1) dwelling or other principal structure on one (1) lot except as provided herein.

(f)

Whenever any land or building is devoted to a use of a more restricted classification than that permitted in the district or modified district where located, such act shall constitute a waiver of any right to claim that any use of buildings or land near, or adjacent thereto, constitute a nuisance in any manner different from that which would be a nuisance if such use were of the least restricted classification permitted in such districts.

(Code 1952, § 9226; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3059, § 3, 2-20-24)

Sec. 41-191. - Regulated uses.

(a)

Purpose. It is recognized that there are some uses which, because of their very nature, are considered as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, by having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood by a concentration of these uses in any one (1) area.

(b)

Uses subject to regulation:

(1)

Adult bookstore as defined in section 41-12.1.

(2)

Adult entertainment businesses as defined in section 41-12.2.

(3)

Adult theaters as defined in section 41-12.4.

(4)

Adult entertainment businesses as defined in section 41-1701.6.

(5)

Bars as defined in section 41-25.5.

(6)

Figure model studios as defined in section 12-120.

(7)

Massage establishments as defined in section 22-1.

(8)

Peep show establishments as defined in section 12-22.

(9)

Adult motels as defined in section 41-12.3.

(c)

It shall be unlawful to hereafter establish any of the uses referred to in subsection (b) within the separation requirement of one thousand (1,000) feet of any other such regulated use.

(d)

None of the uses referred to in subsection (b) may be established within the separation requirement of one thousand (1,000) feet of any property zoned or used for residential, church, school primarily attended by minors, or park purposes.

(Ord. No. NS-1395, § 7, 12-12-77; Ord. No. NS-2209, § 4, 12-20-93; Ord. No. NS-2373, § 3, 12-7-98; Ord. No. NS-2847, § 26, 8-5-13)

Sec. 41-191.5. - Judicial relief for permits proceedings affecting expressive conduct.

The provisions of Section 1094.8 of the California Code of Civil Procedure shall govern any application for administrative mandamus based upon final decisions rendered under the following provisions of this Code:

(a)

Adult businesses, Chapter 41, Article XVII.

(b)

Newsracks, Chapter 33, Article 5.

(c)

Cyber cafes, Section 41-198.200.

(d)

Parades, Chapter 10, Section 10-7 through 10-21

(e)

Special events, Chapter 10, Section 10-22 through 10-22.14.

(Ord. No. NS-2513, § 5, 9-3-02; Ord. No. NS-2528, § 5, 6-2-03)

Sec. 41-192. - Residential overcrowding.

(a)

Purpose. The city council of the City of Santa Ana finds and determines that the overcrowding of residential dwellings increases noise pollution; traffic congestion in the neighborhood; overburdens the waste and sewage disposal system creating unsanitary conditions; causes a financial burden on the school systems and other public use facilities; and leads to the dilapidation of the housing stock and the general deterioration of the neighborhood.

It is declared to be the purpose and intent of this section to protect the public health, safety and welfare of the community, to maintain the integrity of the city's residential areas, to improve the quality of life for its residents, to prevent the deterioration of neighborhoods, to promote the stability of property values and to impose restrictions upon those activities that would detract from the neighborhood and adversely affect the quality of life and residents.

(b)

Definitions. For the purposes of this section, the following definitions shall apply:

Dwelling unit shall mean any house, condominium or apartment or any portion of a building, structure or portion thereof that is designated for use as a living facility for one (1) person or by two (2) or more persons living together as a single housekeeping unit.

Net floor space shall mean the total number of square feet of floor space in a dwelling unit based upon that dwelling unit's interior dimensions excluding stairwells, halls, closets, bathrooms and kitchens.

(c)

Overcrowding prohibited. No dwelling unit shall be inhabited or allowed to be inhabited in such a manner that it exceeds the maximum occupancy of the dwelling unit. Maximum occupancy shall be determined as follows: For the first two (2) occupants of any dwelling unit, there shall be at least one hundred fifty (150) square feet of net floor space. There shall be at least one hundred (100) square feet of net floor space for every additional occupant thereafter.

(Ord. No. NS-1482, § 2, 4-2-79; Ord. No. NS-2126, § 1, 5-6-91)

Editor's note— This section of the Santa Ana Municipal Code was held to be invalid by the Court in Briseno v. City of Santa Ana (1992)[6 Cal. App. 4 th ] 1378.

Sec. 41-192.1. - Accessory use of dwellings for home occupations.

A home occupation is permitted as a use accessory to residential use, provided that it is conducted in compliance with the regulations set forth in section 41-192.2, that a permit has been obtained and remains in effect in accordance with sections 41-192.3 through 41-192.5, and that any business license required by Chapter 21 of this Code has been obtained.

(Ord. No. NS-1654, § 2, 11-1-82)

Sec. 41-192.2. - Regulation of home occupations.

No person shall conduct any home occupation in violation of any of the following regulations:

(a)

There shall be no signs or other devices identifying or advertising the home occupation.

(b)

There shall be no sales activity, either wholesale or retail, except mail order sales.

(c)

There shall be no work, storage, or display outside of any fully enclosed structure.

(d)

Nothing associated with the home occupation shall alter the residential character of the subject property or nearby residential property.

(e)

There shall be no activity which involves frequent meetings or gatherings of any kind such as may generate traffic and parking congestion, noise, or disturbances beyond that which is normal to residential use. Such uses include but are not limited to photo studios, bail bond uses, or check cashing facilities.

(f)

There shall be no use of any mechanical equipment, appliance, or motor outside of an enclosed building or which generates noise detectable from outside the building in which it is located.

(g)

Only one (1) home occupation shall be conducted on the subject property.

(h)

No more than two (2) persons shall be engaged in the conduct of the home occupation.

(i)

There shall be no dispatching of persons or equipment from the subject property.

(j)

No more than a single vehicle used primarily in the conduct of the business may be parked or stored on the public street nor anywhere on the subject property other than an enclosed garage; and that single vehicle shall comply at all times with the provisions of sections 36-145 and 41-607(h).

(k)

Home occupation activities shall not involve the use of more than one (1) room or four hundred (400) square feet of a dwelling, whichever is more restrictive, and no garage space shall be used for the conduct of any home occupation which interferes with the use of such space for parking of vehicles, if such use for parking of vehicles is necessary to satisfy the off-street parking requirements of this chapter.

(Ord. No. NS-1654, § 3, 11-1-82; Ord. No. NS-2457, § 5, 1-2-01; Ord. No. NS-2661, § 6, 9-20-04)

Sec. 41-192.3. - Home occupation permit required.

No person shall conduct a home occupation without having first obtained a home occupation permit from the zoning administrator. Applications for such a permit shall be filed by the occupant of the dwelling with the zoning administrator on such forms as may be provided by the zoning administrator and shall be accompanied by such filing fee as may be set by resolution of the city council. The application shall provide such information and documentation as the director of planning and development services shall, by departmental regulation, determine to be appropriate. The zoning administrator shall issue the home occupation permit if he determines that the home occupation will be conducted in accordance with section 41-192.2 and will not adversely affect the residential character of the subject property or nearby residential properties; otherwise, he shall deny the application. The permit, if granted, shall specifically identify the occupant as permittee and describe the nature of the home occupation thereby allowed. Home occupation permits shall not be transferrable by the designated permittee to any other person.

(Ord. No. NS-1654, § 4, 11-1-82)

Sec. 41-192.4. - Revocation of home occupation permit.

The zoning administrator may revoke a home occupation permit, after notice and an opportunity to be heard by the permittee, upon his determination that the home occupation is being conducted contrary to the regulations set forth in section 41-192.2 or in a manner which adversely affects the residential character of the subject property or nearby residential properties.

(Ord. No. NS-1654, § 5, 11-1-82)

Sec. 41-192.5. - Appeals from denial or revocation of home occupation permit.

Any applicant for a home occupation permit whose application was denied by the zoning administrator, and any permittee whose permit was revoked by the zoning administrator, may, within ten (10) days following such decision, appeal such decision to the planning commission, in which event the decision of the zoning administrator shall be vacated and the planning commission shall determine whether to issue or revoke the permit in accordance with the standards set forth in section 41-192.3 or 41-192.4. The applicant or permittee shall be given at least five (5) days prior written notice by the zoning administrator of the time and place at which the planning commission will consider the application or revocation and shall be provided an opportunity to be heard by the planning commission prior to its decision being made. The zoning administrator or the planning commission may provide such other notice of a hearing on the matter as they deem appropriate. An appeal pursuant to this section shall be filed in writing by the applicant or permittee with the zoning administrator and shall be accompanied by a fee equal to one-half (½) of the original application fee. The decision of the planning commission shall be final with no further right of appeal.

Written statements of such decision shall be filed with the clerk of the council and the zoning administrator, and mailed to the applicant or permittee.

(Ord. No. NS-1654, § 6, 11-1-82)

Sec. 41-192.6. - Small and large family daycare accessory to residential uses.

Small and large family daycare facilities as defined and regulated by Health and Safety Code Section 1597.30 through 1597.622 shall be permitted as an accessory use at any residential property, dwelling, or dwelling unit in the city where residential land uses are permitted in any zoning district, specific development zone, specific plan area, or overlay zoning district.

(Ord. No. NS-3038, § 11, 2-7-23)

Sec. 41-193. - Garage sale regulations.

No person shall conduct, or allow to be conducted, a garage sale on residentially zoned property in violation of the following regulations:

(1)

Garage sales may only be conducted on the first weekend of the months of March, June, September and December, and on such additional weekends as may be designated for permitted garage sales by the city manager. For purposes of this section, "weekend" means Saturday and Sunday. The city manager may designate an additional weekend for permitted garage sales when, in the city manager's opinion, inclement weather prevented garage sales from being effectively conducted on any weekend on which they were permitted.

(2)

Garage sale activity shall be limited to the hours of 8:00 a.m. to 5:00 p.m.

(3)

Garage sale activity may not be conducted in the public sidewalks, parkways, streets or alleys.

(4)

All items sold at a garage sale must be used goods, wares or merchandise of a household nature, from that household, and not acquired elsewhere for resale.

(5)

Garage sale advertising signs may not be posted on telephone poles, streetlights, traffic signs, or any other structure in the public right-of-way. Such signs may not be posted anywhere earlier than one (1) week prior to the first date of the garage sale nor more than one (1) day after the last date of the garage sale.

(Ord. No. NS-2176, § 1, 9-21-92; Ord. No. NS-2218, § 2, 6-20-94; Ord. No. NS-2252, § 1, 6-19-95)

Sec. 41-194. - Accessory dwelling units—Purpose.

The purpose of this section is to establish regulations for the development of accessory dwelling units and junior accessory dwelling units as defined in this section and in California Government Code sections 66310, et seq., or any successor statute.

(Ord. No. NS-2940, § 5, 4-3-18; Ord. No. NS-2986, § 4, 4-7-20; Ord. No. NS-3076, § 2—5, 2-4-25)

Editor's note— Ord. No. NS-2940, § 5, adopted April 3, 2018, repealed and replaced § 41-194, in its entirety. Former § 41-194 pertained to "Second dwelling units—Standards," and was derived from Ord. No. NS-2629, § 5, adopted June 2, 2003 and Ord. No. NS-2710, § 11, adopted May 1, 2006.

Sec. 41-194.1. - Definitions.

As used in this section, the following words, terms or phrases have the following meanings:

(1)

"Accessory dwelling unit" or "ADU" means an attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residential building. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the primary residential building is situated or will be situated. It shall have the same meaning as that term is defined in California Government Code section 66310, et. seq., as amended from time to time.

(2)

"Existing accessory structure" means an accessory structure, as defined in this chapter, which was legally established and existing prior to the submittal of an ADU or JADU application.

(3)

"Existing carport" and "Existing covered parking structure" and "Existing garage" means a building or portion of a building designed or used for parking or storage of motor vehicles that was legally established and existing prior to the submittal of an ADU or JADU application.

(4)

"Existing uncovered parking space" means a parking area without a roof or other structure that is designated for a specific building and that was legally established and existing prior to the submittal of an ADU or JADU application.

(5)

"Junior accessory dwelling unit" or "JADU" means a unit that is no more than five hundred (500) square feet in size, contained entirely within the living area of a single-family residence, provides a cooking facility with appliances, food preparation counter and storage cabinets that are of reasonable size in relation to the unit, and has independent exterior access. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure when an interior connection to the primary unit where the sanitation facilities are located is provided.

(6)

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

(7)

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

(8)

"Mixed-use" for purposes of ADU development means a development that combines residential land use with one (1) or more additional land uses where uses are physically and functionally integrated (horizontally or vertically).

(9)

"Multi-family building" for purposes of ADU development means a building, other than a hotel or motel, with two (2) or more attached dwelling units used to house two (2) or more families, living independently of each other.

(10)

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

(11)

"Single-family residence" means a residential building containing one (1) or more habitable rooms with only one (1) kitchen, designed for occupancy by one (1) independent household unit with common access to, and common use of all living, kitchen and bathroom areas.

(12)

"Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. No. NS-2940, § 5, 4-3-18; Ord. No. NS-2986, § 4, 4-7-20; Ord. No. NS-3030, § 2, 12-6-22; Ord. No. NS-3076, § 2—5, 2-4-25)

Editor's note— Ord. No. NS-2940, § 5, adopted April 3, 2018, repealed and replaced § 41-194.1, in its entirety. Former § 41-194.1 pertained to "Second dwelling units—Occupation," and was derived from Ord. No. NS-2629, § 5, adopted June 2, 2003.

Sec. 41-194.2. - Permitted zones and applicability.

(A)

ADUs and JADUs may be permitted in all zoning districts where residential or mixed-use development is permitted.

(B)

The executive director of the planning and building agency, or his/her designee, shall review and approve or deny ministerial permits for ADUs and JADUs upon determining whether the application submitted is complete, the proposed unit conforms to all requirements of this Code, and a non-refundable application review fee in the amount established by the city council, and amended from time to time, has been paid. Applications deemed incomplete or not in full conformance with the requirements of this Code will be rejected.

(C)

Lots developed or proposed to be developed with a single-family residence or multiple detached singlefamily residences shall not be permitted more than one (1) ADU.

(D)

Lots developed with a multi-family building may convert existing square footage within the building not used as livable space to a minimum of one (1) ADU and a maximum that shall not exceed twenty-five (25) percent of the number of units on the lot.

(E)

Lots developed with a multi-family building are, in addition to units permissible by subsection (D), permitted to construct up to eight (8) detached ADUs; however, the number of detached ADUs shall not exceed the number of existing units on the lot. Those detached ADUs may be provided through conversion of existing detached accessory buildings, garages, carports, covered parking structures, new construction, or combination thereof.

(F)

Lots proposed to be developed with a multi-family building are permitted to construct up to two (2) detached ADUs.

(G)

A maximum of one (1) JADU shall be permitted on a lot developed or proposed to be developed with a single-family residence. For purposes of this paragraph, non-habitable spaces attached to or within the primary residence, such as an attached garage, is considered a part of the proposed or existing singlefamily residence and may be converted into a JADU. Lots with multiple detached single-family residences are not eligible to have a JADU.

(H)

An ADU shall only be sold or otherwise conveyed separately from the primary building on the lot if the primary building and the ADU were built or developed by a qualified non-profit corporation in accordance

with Government Code Section 65852.26, as amended from time to time, and an affordable housing agreement is entered into by the applicant and the city.

(Ord. No. NS-2940, § 5, 4-3-18; Ord. No. NS-2986, § 4, 4-7-20; Ord. No. NS-3030, § 3, 12-6-22; Ord. No. NS-3076, § 2—5, 2-4-25)

Editor's note— Ord. No. NS-2940, § 5, adopted April 3, 2018, repealed and replaced § 41-194.2, in its entirety. Former § 41-194.2 pertained to "Second dwelling units—Fees," and was derived from Ord. No. NS-2629, § 5, adopted June 2, 2003.

The development standards in Table 41-194.3 shall be applicable to all ADUs and JADUs. Additional provisions related to ADUs and JADUs are referenced in the "Additional Provisions" column of the table. Such provisions may include references to other applicable code sections or limitations.

City of Santa Ana Municipal Code Table 41-194.3

(A)

Attached ADUs shall not exceed fifty (50) percent of the size of the habitable space of the primary residence on the lot. Attached ADUs may only exceed fifty (50) percent of the size of the habitable space of the primary dwelling to accommodate an ADU up to eight hundred (800) square feet in size. In no case shall the attached ADU exceed one thousand (1,000) square feet in size.

(B)

ADUs may not exceed eight hundred (800) square feet in size in cases where both an ADU and JADU are developed or proposed on a lot.

(C)

Existing accessory structures may be converted into an ADU and may be expanded by up to one hundred fifty (150) square feet of the existing footprint. Development standards applicable to new ADUs shall not apply to one hundred fifty (150) square foot expansions. If an expansion of an accessory structure beyond one hundred fifty (150) square feet is proposed, the ADU shall be subject to and comply with all development standards applicable to a new ADU.

(D)

The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to size limits.

(E)

Detached ADUs shall not exceed two (2) stories or twenty (20) feet in height, as measured from the lowest adjacent grade of the structure to the highest point of the roof on the structure. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to height requirements.

(F)

An ADU may encroach into the required front yard setback to permit an ADU up to eight hundred (800) square feet in size. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to setback requirements.

(G)

No minimum setback shall be required for an ADU constructed in the same location and to the same dimensions as an existing structure that encroached into a required setback that was demolished to construct the proposed unit.

(H)

Lot coverage and use intensity maximum established in zoning district may be exceeded to permit an ADU up to eight hundred (800) square feet in size. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to lot coverage requirements.

(I)

Required open space may be reduced to permit an ADU up to eight hundred (800) square feet in size. Open space requirement shall only apply to properties developed or proposed to be developed with a singlefamily residence. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to open space requirements.

(J)

Shall be usable, continuous, non-front yard open-space, excluding driveways and parking areas. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space.

(K)

Separation requirement may be reduced to permit an ADU up to eight hundred (800) square feet in size. Separation shall be measured from the nearest points between the structures. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to separation requirements.

(L)

No parking for the ADU is required if one (1) or more of the following applies:

1.

The ADU is located within one-half (½) mile walking distance of public transit.

2.

The ADU is located within an architecturally and historically significant historic district.

3.

The ADU is part of the proposed or existing primary residence or an existing accessory structure.

4.

When on-street parking permits are required but not offered to the occupant of the ADU.

5.

When there is a car share vehicle located within one (1) block of the ADU.

6.

The ADU is constructed as a studio, without bedrooms.

7.

When a permit application for an ADU is submitted with a permit application to create a new single-family residence or a new multifamily residence on the same lot, provided that the ADU or the lot satisfies any other criteria listed in items 1. through 6. above.

(M)

When an existing garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU, or converted to an ADU, replacement of those off-street parking spaces shall not be required. If an existing garage, carport, or other covered parking structure is demolished in conjunction with the construction of an ADU, the demolition permit shall be issued at the same time as the permit for the ADU.

ture, or uncovered parking space is demolished in conjunction with the construction of an ADU, or converted to an ADU, replacement of those off-street parking spaces shall not be required. If an existing garage, carport, or other covered parking structure is demolished in conjunction with the construction of an ADU, the demolition permit shall be issued at the same time as the permit for the ADU.

(Ord. No. NS-2986, § 4, 4-7-20; Ord. No. NS-3030, § 4, 12-6-22; Ord. No. NS-3076, § 2—5, 2-4-25)

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.3 and enacted a new § 41-194.3 as set out herein. Former § 41-194.3 pertained to permitted zones and derived from Ord. No. Ord. No. NS-2940, § 5, adopted April 3, 2018.

Sec. 41-194.4. - Historic properties.

ADUs and JADUs shall conform to the United States Secretary of Interior's Official Standards for the Treatment of Historic Properties.

(Ord. No. NS-2986, § 4, 4-7-20)

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.4 and enacted a new § 41-194.4 as set out herein. Former § 41-194.4 pertained to use restrictions and derived from Ord. No. Ord. No. NS-2940, § 5, adopted April 3, 2018.

Prior to issuance of a building permit for a JADU, a covenant consenting that either the primary dwelling unit or the JADU be owner-occupied shall be recorded against the title of the property in the county recorder's office and a copy filed with the planning division. Said covenant shall run with the land, and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the city and shall provide that:

1.

The JADU shall not be sold separately from the primary dwelling.

2.

The unit is restricted to the approved size and attributes of this chapter.

3.

The covenant restrictions run with the land and may be enforced against future purchasers.

The covenant restrictions may be removed if the owner eliminates the JADU.

5.

The covenant restriction shall be enforced by the executive director of planning and building or his or her designee for the benefit of the City of Santa Ana. Failure of the property owner to comply with the covenant restrictions may result in legal action against the property owner and the city shall be authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

(Ord. No. NS-2986, § 4, 4-7-20)

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.5 and enacted a new § 41-194.5 as set out herein. Former § 41-194.5 pertained to general development standards and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Sec. 41-194.6. - Appeals of executive director decision.

Any person wanting to appeal the determination of the executive director of the planning and building agency, or his/her designee, to disapprove plans and drawings submitted pursuant to section 41-194, et seq., or to the standards of section 41-194, et seq., may file an application for a minor exception pursuant to Article V of this chapter.

(Ord. No. NS-2986, § 4, 4-7-20)

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.6 and enacted a new § 41-194.6 as set out herein. Former § 41-194.6 pertained to development standards—detached accessory dwelling units and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Sec. 41-194.7. - Applicability to other regulations.

ADUs and JADUs must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of Chapter 41 of this Code, the provisions of this article shall prevail.

(Ord. No. NS-2986, § 4, 4-7-20; Ord. No. NS-3030, § 5, 12-6-22)

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.7 and enacted a new § 41-194.7 as set out herein. Former § 41-194.7 pertained to development standards—attached accessory dwelling units and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Sec. 41-194.8. - Reserved.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.8. Former § 41-194.8 pertained to development standards—conversion of an existing structure and derived from Ord. No. NS2940, § 5, adopted April 3, 2018.

Sec. 41-194.9. - Reserved.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.9. Former § 41-19498 pertained to parking and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Sec. 41-194.10. - Reserved.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.10. Former § 41-194.10 pertained to parking exceptions and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Sec. 41-194.11. - Reserved.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.11. Former § 41-194.11 pertained to non-conforming properties and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Sec. 41-194.12. - Reserved.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.12. Former § 41-194.12 pertained to restrictive covenant and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018. Similar provisions can now by found in § 41-194.5.

Sec. 41-194.13. - Reserved.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.13. Former § 41-194.13 pertained to appeals of planning manager or zoning administrator decision and derived from Ord. No. NS2940, § 5, adopted April 3, 2018.

Sec. 41-194.14. - Reserved.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.14. Former § 41-194.14 pertained to applicability to other regulations and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018. Similar provisions can now by found in § 41-194.7.

Sec. 41-195. - Outdoor business activities.

If, and to the extent that, the following business uses are permitted in a use district, then the corresponding business activities shall be permitted to be located or conducted outside of an enclosed building as part of, or incidental to, the use:

(1)

Any business use: Vehicular and pedestrian access and parking areas, and trash disposal areas.

(2)

Any business use: Signs and newsracks as permitted by the sign and newsrack regulations contained in this Code.

(3)

Public utilities: Distribution and transmission lines and accessory structures.

(4)

Service stations: Pump islands, and the minor vehicle services customarily incidental to the purchase of vehicle fuel at pump stations.

(5)

Day nurseries: Playground areas.

(6)

Restaurants, cafes, and other establishments where food and drink is sold for consumption on the premises: The food and drink purchasing areas and dining areas of such establishments.

(7)

Any business use: Exterior pay phones that are in compliance with section 41-198.100.

(8)

Any business use: Youth amusement rides that are in compliance with sections 41-365 and 41-366.

(9)

Any business use: Outdoor vending machines that are in compliance with section 41-198.300.

(Ord. No. NS-1708, § 2, 12-19-83; Ord. No. NS-2374, § 3, 12-7-98; Ord. No. NS-2450, § 1, 10-16-00; Ord. No. NS-2487, § 4, 2-4-02; Ord. No. NS-2635, § 4, 8-4-03)

Editor's note— Ord. No. NS-1708, § 2, amended Ch. 41 by adding provisions designated § 41-194 which provisions were redesignated § 41-195 by the City inasmuch as § 41-194 had previously been added by Ord. No. NS-1701.

Sec. 41-195.5. - Temporary outdoor activities.

Notwithstanding any other provision of this chapter, the following activities may be conducted in any C1, C1-MD, C2, C4, C5, M1, M2, CSM, GC, P, SD with commercial use, or SP with commercial use district and are not required to be carried on within an enclosed building, provided they are carried on in accordance with the limitations hereinafter set forth, and provided a land use certificate is first obtained in accordance with sections 41-675 through 41-677:

a.

Bazaars, fiestas and fund-raising events, provided the activities do not occur on the same lot more frequently than six (6) days in any one-year period, do not continue on the same lot for more than three (3) successive days, do not begin earlier than 10:00 a.m. and do not continue past 10:00 p.m. Monday through Saturday and do not begin earlier than 11:00 a.m. and do not continue past 9:00 p.m. on Sunday. Provided, however, activities in the SD65 district and museum and science center activities in the C1-MD district, may not occur more frequently than one (1) time per month, do not continue on the same lot for more than three (3) successive days and are not held more than twelve (12) times per year.

b.

Rummage sales, promotional events, sidewalk or parking lot sales, and temporary sales booths, provided the activities do not occur on the same lot more frequently than six (6) days in any one-year period and do not continue on the same lot for more than two (2) successive days.

c.

Mobile library, medical and veterinary units, provided activities are not conducted on the same lot for more than six (6) days in any one-year period, do not begin earlier than 8:00 a.m., and do not continue past 5:00 p.m.

d.

Outdoor auctions, provided that activities are not conducted on the same lot more frequently than four (4) days in any one-year period, do not begin earlier than 8:00 a.m., and do not continue past 5:00 p.m.

e.

Seasonal activities for uses such as, but not limited to: fireworks stands, pumpkin lots and Christmas tree lots, provided that pumpkin lots do not set up more than thirty (30) days prior to Halloween and are removed within one (1) day after Halloween, Christmas tree lots do not set up more than thirty (30) days prior to Christmas and are removed within one (1) day after Christmas and fireworks stands are in compliance with chapter 14, article II.

f.

Carnivals, circuses, radio or d.j. remotes and outdoor music concerts, provided the following conditions are met:

1.

The activity is not conducted on the same lot for more than five (5) successive days in any one-year period and may not occur more than five (5) days in any one-year period.

2.

Hours of activities shall not begin earlier than 10:00 a.m. and do not continue past 11:00 p.m. Monday through Saturday and do not begin earlier than 11:00 a.m. and do not continue past 9:00 p.m. on Sunday.

3.

Off-street parking shall be provided in the manner prescribed in article XV.

4.

On-site circulation shall be maintained in a manner that will assure efficient internal parking lot circulation. Also, lots shall assure that vehicles need not exit on the street then re-enter the lot to find another parking space.

5.

No equipment and/or rides may be located on the lot of such activity for more than forty-eight (48) hours prior to opening day.

6.

All equipment and rides used for such activity must be removed within twenty-four (24) hours of closing, day of activity.

7.

Noise sources associated with construction, dismantling of equipment, deliveries and rides, shall be permitted provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, Saturday or Sunday.

8.

A 30-foot setback clear of, but not limited to, equipment, booths, stages and rides shall be maintained at all times along any property line abutting residential uses.

9.

The activity is subject to cancellation or additional conditions if conducted in a manner detrimental to the health, safety, or welfare of the community as determined by authorized city representatives including police, fire, public works, or downtown development.

g.

Temporary outdoor activities where alcohol sale or and/or consumption is allowed.

1.

All cooking: equipment (grills, barbecues, etc.) must be turned off one-half (½) hour before the activity closure each evening.

2.

The sale, service and consumption of alcohol shall occur only within a fenced-in area. This area shall be designated with appropriate signage identifying it as such and shall be approved by the police department.

3.

The applicant shall ensure that security personnel are on duty at all times and monitoring the fenced-in area designated for the sale, service and consumption of alcohol. Security personnel shall prevent people from carrying alcoholic beverages outside the designated area noted in subsection g.2.

4.

Advertising which indicates the availability of alcoholic beverages shall be posted at the point of beverage dispensing only.

Alcoholic beverages shall be served in distinctive cups, which are different from those used for nonalcoholic beverages.

6.

No more than two (2) cups containing alcoholic beverages may be sold to a customer at a time. All alcoholic beverages shall be sold in paper or plastic cups and not in their original glass or metal containers.

7.

The server is prohibited from selling alcoholic beverages to an obviously intoxicated person.

8.

The server is prohibited from consuming alcoholic beverages.

9.

The sale, service and consumption of alcoholic beverages shall cease one (1) hour prior the end of the activity.

h.

Farmers markets, provided the activities do not occur on the same lot more frequently that fifty-two (52) days in any one-year period, do not continue on the same lot for more that two (2) successive days, do not begin earlier than 7:00 a.m. and do not continue past 11:00 p.m.

1.

On-site circulation shall be maintained in a manner that will assure emergency vehicle circulation.

2.

Adequate trash containers and toilet facilities shall be provided during the hours of operation.

3.

The lot or portion of the lot used for market activities shall be cleaned at the close of the day. For the purpose of this section only, "cleaned" shall include, but not be limited to: the removal of stalls, retail items, debris, and trash used or generated in conjunction with market activities.

i.

Mobile and temporary tattoo and/or body art events, provided activities are not conducted on the same lot for more than six (6) days in any one-year period, do not begin earlier than 10:00 a.m. and do not continue past 11:00 p.m. Monday through Saturday and do not begin earlier than 11:00 a.m. and do not continue past 9:00 p.m. on Sunday.

j.

All temporary outdoor activities shall be subject to the following:

1.

The applicant must provide a minimum number of state licensed, uniformed security guards for each day of the activity. This minimum number is to be determined by the chief of police or his authorized representative during the application process. These guards shall be present from the opening of the activity until closing and all persons have vacated the grounds. Under special circumstances city police officers may be required in addition to the security guards. The applicant will bear the cost of the police officers.

2.

Security guards must carry a cellular phone.

3.

All personnel serving as security guards must wear attire such as a jacket, shirt, vest, etc., that clearly identifies them as security.

4.

All security personnel shall have equipment enabling two-way communication with other security personnel.

5.

The applicant shall be required to pay for any additional police services that may result from the activity.

6.

Noise levels generated by the activity must remain under specified levels set forth in this Code.

7.

The sale of tickets must cease thirty (30) minutes prior to the closure of the activity daily.

(Ord. No. NS-1732, § 4, 6-25-84; Ord. No. NS-2120, § 1, 5-6-91; Ord. No. NS-2461, § 2, 2-20-01; Ord. No. NS-2803, § 4, 6-21-10; Ord. No. NS-2847, § 27, 8-5-13; Ord. No. NS-2931, § 5, 11-21-17)

Sec. 41-196. - Establishments selling alcoholic beverages.

(a)

Conditional use permit required. Except as provided in subsection (b), no establishment may sell alcoholic beverages for either on-site or off-site consumption unless a conditional use permit has been approved for such establishment pursuant to Article V of this chapter. Prior to the public hearing for the approval of said conditional use permit, the establishment must be in compliance with all provisions of Chapter 41.

(b)

Land use certificates for incidental alcohol sales. A land use certificate may be issued pursuant to the requirements of Section 41-675 for an establishment which serves alcoholic beverages for either on-site or

off-site consumption only if the establishment falls within one (1) of the following categories:

(1)

Club or lodge establishments where admittance is limited to members and guests invited by members and where the sale of alcoholic beverages is clearly incidental to other activities conducted on the premises.

(2)

Florists shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement.

(c)

Alcohol storage and display area for off-sale establishments. No off-sale establishment under ten thousand (10,000) square feet shall have a combined alcohol storage and display area that exceeds five (5) per cent of the gross floor area of the store area.

(d)

Separation requirement for off-sale establishments under ten thousand (10,000) square feet. No off-sale establishment may be granted a conditional use permit for the sale of alcoholic beverages if any of the following conditions apply:

(1)

The proposed establishment is within one thousand (1,000) linear feet of an existing off-sale alcohol license as measured from the primary entrance of one (1) establishment to the primary entrance of the other establishment.

(2)

The proposed establishment is within one thousand (1,000) linear feet of any property used as a school primarily attended by minors, for a religious institution or for park purposes as measured from the door of one (1) establishment to the door of the other use(s).

(3)

The proposed establishment is determined to be over concentrated by the State Department of Alcohol Beverage Control as defined in Business and Professions Code Section 23958.4.

(e)

Finding of public convenience or necessity for off-sale establishments under ten thousand (10,000) square feet located within an area of undue concentration. If the proposed off-sale establishment is located within an area deemed to have an undue concentration of off-sale alcohol licenses pursuant to the State Department of Alcoholic Beverage Control, the city may, at its discretion, prepare a letter of public convenience or necessity to allow the alcohol license pursuant to the process contained in Section 41645.5. However, conditions (1) and (2) of Section 41-196(d) may not be waived.

(f)

Operational standards for off-sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196:

(1)

No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.

(2)

The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he or she has control.

(3)

There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises.

(4)

There shall be no coin-operated games maintained on the premises at any time.

(5)

All public telephones shall be located on the interior of the premises.

(6)

Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty-four (24) hours of being applied.

(7)

The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") Section 602, on the exterior of the premises.

(8)

It shall be the applicant's responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation.

(9)

The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages.

(10)

The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling

patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age/checking identification of patrons; calling the police regarding observed or reported criminal activity.

(11)

If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state-licensed, uniformed security guards at a number determined by the chief of police.

(12)

All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana.

(13)

Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre-packaged multi-unit quantities.

(14)

The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00/midnight each day of the week unless otherwise modified by the granting of an after-hours conditional use permit.

(15)

Existing building and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (building security ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters.

(16)

Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage.

(17)

Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage.

(18)

Window displays and racks must be kept to a maximum height of three (3) feet including merchandise.

(19)

A timed-access cash controller or drop safe must be installed.

(20)

A silent armed robbery alarm must be installed and operable at all times.

(21)

Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches.

(22)

No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages.

(23)

A closed-circuit television system shall be provided and approved by the police department and shall be capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows:

(a)

A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head.

(b)

A minimum of one (1) color camera that views the full length side of a customer at the cash register area.

(c)

A color camera recorder capable of recording events on all cameras simultaneously.

(d)

A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days.

(e)

If video tape is used, tapes cannot be taped over more than six (6) times.

(f)

An audio recording component that will record sounds occurring at the customer counter.

(g)

An internet protocol (IP)-based system is required.

(24)

It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC Section 33.210.

(25)

The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners.

(g)

Operational standards for on-sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196(a).

(1)

The premises shall at all times be maintained as a bona-fide eating establishment as defined in Section 23038 of the California Business and Professions Code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on-sale license are being exercised.

(2)

There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment.

(3)

The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for afterhours operations pursuant to Santa Ana Municipal Code Chapter 41.

(4)

It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas.

(5)

The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed.

(6)

All employees serving alcoholic beverages must complete responsible beverage service training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the city.

(7)

During those times when patrons are restricted to twenty-one (21) years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those twenty-one (21) and older.

(8)

Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times.

(9)

The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds twentyfive (25) patrons. All stanchions or barriers located on public property must be approved by the public works agency.

(10)

Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift.

(11)

There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage. Floor displays shall not exceed three (3) feet in height.

(12)

There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one (1) drink, get one (1) free", "two (2) for the price of one (1)", or "all you can drink for..." or similar language.

(13)

Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the chief of police.

(14)

Live entertainment, including, but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond twenty (20) feet from the exterior of the premises in any direction.

(15)

Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2.

(16)

The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6.

(17)

The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee.

(18)

There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only.

(19)

Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within twenty-four (24) hours of being applied.

(20)

Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of letter of approval to the Alcohol Beverage Control Board, this condition must be complied with.

(21)

A timed-access cash controller or drop safe must be installed.

(22)

Install a silent armed robbery alarm.

(23)

The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items:

(a)

Procedures for handling obviously intoxicated persons.

(b)

The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior.

(c)

Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s).

(d)

Procedures for verifying the age of patrons for purposes of alcohol sales.

(e)

Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron.

(f)

Procedures for calling the police regarding observed or reported criminal activity.

(g)

Procedures for management of queuing lines.

(h)

The location and description of any video games proposed to be on the premises.

(24)

The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right-of-way, the applicant must obtain all required permits and approvals from the Public Works Agency.

(25)

Combined alcohol storage and display areas shall not exceed five (5) percent of the gross floor area of the licensed establishment.

(Ord. No. NS-1729, § 1, 6-4-84; Ord. No. NS-1859, § 1, 10-20-86; Ord. No. NS-1945, § 1, 1-4-88; Ord. No. NS-1994, § 1, 2-21-89; Ord. No. NS-2334, § 2, 11-3-97; Ord. No. NS-2847, § 28, 8-5-13; Ord. No. NS2987, § 3, 4-21-20)

Sec. 41-196.2. - Concert venues.

(a)

Conditional use permit required. No concert venue, as defined in Section 41-44.5, may operate as a commercial use unless a conditional use permit has been approved for such establishment pursuant to Article V of this Chapter. Prior to the public hearing for the approval of said conditional use permit, the establishment must be in compliance with all provisions of Chapter 41.

(b)

Operational standards for concert venues. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196.2:

(1)

The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items:

(A)

Procedures for handling obviously intoxicated persons.

(B)

The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior.

(C)

Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s).

(D)

Procedures for verifying the age of patrons for purposes of alcohol sales.

(E)

Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron.

(F)

Procedures for calling the police regarding observed or reported criminal activity.

(G)

Procedures for management of queuing lines.

(H)

The location and description of any video games proposed to be on the premises.

(I)

A fully-dimensioned site plan showing:

(i)

The posting locations of any required security guards;

(ii)

The location of all emergency exits;

(iii)

The location of primary entrances and exits for patrons;

(iv)

The location and square footage of the alcohol storage area;

(v)

The dimensions and locations of the dance floor(s), stage(s) and fixed bar(s);

(vi)

The location of the designated queuing area including the location of any stanchions;

(vii)

The location of all cameras for the required closed circuit television system (CCTV);

(viii)

Occupancy standards and approvals from the building department and Orange County Fire Authority;

(ix)

Additional items as required to be indicated as determined necessary by the city manager, or designee.

(J)

Procedures for counting the number of occupants entering and exiting the venue for purposes of enforcing established occupancy limits.

(K)

Procedures for the provision of alternate transportation services to patrons. This may include procedures for access to a telephone, the provision of a list of taxi services, or other service that will ensure the safe travel of any patron, particularly those who are intoxicated, in leaving the establishment.

(L)

Procedures for requiring the use of wristbands to indicate patrons' ages to identify those who are twentyone (21) years of age and older.

(2)

Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in the security plan. Any pool or billiard tables will be subject to the provisions of Santa Ana Municipal Code Chapter 29 — Pool and Billiards.

(3)

Neither the responsible party for the permitted establishment, nor any person or entity operating the premises with the permission of the responsible party, shall violate the city's adult entertainment ordinance contained in Santa Ana Municipal Code Section 12-1 and 12-2.

(4)

The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code Section 41-1701.6.

(5)

Persons who appear obviously intoxicated shall not be admitted into the venue.

(6)

Employees shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift.

(7)

Music/noise shall not be audible beyond twenty (20) feet from the exterior of the premises in any direction.

(8)

There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only.

(9)

Any graffiti painted or marked upon the premises or on any adjacent area under the control of the responsible party for the permitted establishment shall be removed or painted within twenty-four (24) hours of being applied.

(10)

It shall be the permitted establishment's obligation to ensure that California Penal Code section 602 — Trespassing is complied with at all times that the premises are in operation.

(11)

The responsible party for the permitted establishment shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee.

(12)

In no event shall the applicant allow the number of occupants to exceed the posted maximum occupancy.

(13)

Existing venue and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (building security ordinance). These code conditions will require existing project lighting may require upgrading and new lighting must meet current code standards. Lighting standards cannot be located in required landscape planters where they may become obscured by the mature canopy growth of trees.

(14)

Cash register(s) must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage or other mitigation agreed upon with the police department.

(15)

Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage.

(16)

Window displays and racks must be kept to a maximum height of three (3) feet including merchandise.

(17)

A timed-access cash controller or drop safe must be installed or other mitigation measures agreed upon with the police department.

(18)

Installation of a silent armed robbery alarm or other mitigation measures agreed upon with the police department.

(19)

The permittee is ultimately responsible for all activity on the premises.

(20)

The permit is non-transferable. The permit cannot be transferred to a new owner/operator, under a sublease or by a subcontractor.

(21)

Except in case of emergency, the responsible party for the permitted establishment shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from enclosed patio areas. Steps shall be taken by the responsible party for the permitted establishment to discourage unauthorized exiting.

(22)

The police department will require uniformed, state-licensed security guards and/or Santa Ana police officers, at the owner's expense, to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. These security guards will be deployed as per the agreed upon, security policies and procedures manual that has been approved by the police department. At a minimum and at all times, entertainment is being offered, the applicant shall employ a minimum of one (1) uniformed, state licensed security guard for every one hundred (100) persons in attendance per event, for keeping the peace. Mandated security officers will be required to use a radio frequency and communication equipment that is specified by the police department. Radios and communication equipment will be provided by the establishment at the establishment's cost. Guards will be required to provide escort service to patrons of the establishment if requested, insofar as the guard is not off the premises for more than ten (10) minutes. Mandated security guards will be required to participate in mutual aid activities with the police department and other guard companies at the direction of the police department. This may include the adoption of mutual aid communications as well as attendance at information sharing meetings. It is the responsibility of the permittee to keep copies and associated records of all individuals acting as private security for the establishment, which illustrate their state-licensed certification. These copies/records shall be readily accessible and provided to Santa Ana police personnel twenty-four (24) hours a day upon request.

(23)

An electronic incident log shall be maintained at the licensed premises on a continual basis with at least one (1) year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, excessive loud noise, etc.

(24)

Contract security services, proprietary security personnel, or personnel assuming the functions typically associated with security shall be familiar with the establishment's written police department approved security policies and procedures by reviewing them and signing that they have read and understood the policy. The signed acknowledgement shall be kept in a file relating to the security manual and shall be made available to the police department upon request.

(25)

Security personnel required by the entertainment permit issued for the entertainment venue shall be in a uniform or clothing, which is readily identifiable as a security person. Security uniform standards will be included in the security policy and procedures manual and will not be the same colors as the police department's. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance.

(26)

If there is an increase of twenty-five (25) per cent in the number of police-related incidents on or near the premises, the permittee shall increase the number of uniformed, state-licensed security guards to a total number of guards as determined by the chief of the police department.

(27)

In addition to the above number of state-licensed uniformed security guards, the applicant shall provide a minimum of one (1) state-licensed uniformed security guard to ensure patron safety when going to and from the required parking for the venue whether on-site or off-site. Said guard is specifically assigned to this function until all activity on the premises has ceased and patrons have cleared the parking area.

(28)

For any concert/live entertainment event where attendance exceeds 400 persons, it shall be the permittee's responsibility to pay for a minimum of two (2) uniformed Santa Ana police officers to work the event and ensure public safety. If the proposed event is deemed to have special circumstances by the police department, the chief of police or his authorized representative may increase the number of required police officers to ensure public safety. The officer costs shall be the Permittee's responsibility to include, at a minimum one-half (½) hour prior to, during, and one-half (½) hour after the time the event is scheduled to end or until all patrons have left the premises and parking areas. Law enforcement presence is required at a minimum of four (4) hours for each officer assigned to the venue.

(29)

The permittee will be responsible for verifying the age of those wishing to purchase and/or consume alcoholic beverages in order to ensure that the business is in compliance with state law restricting the age of the sales and consumption of alcohol to those twenty-one (21) years of age and older. This verification process may include such techniques as, the manual checking of identification by a trained employee, the use of an identification scanner or similar device, or other method as approved in the security plan. This condition is not intended to be used as a means to discriminate against patrons based on race, ethnicity or legal status.

(30)

The owner/operator shall provide a closed circuit television system approved by the police department and capable of viewing and recording events on the property and inside the premises with a resolution that will clearly identify individuals for later identification. This system will be clearly identified within the agreed upon security policy and procedures manual. Camera system components shall include:

(A)

A minimum of one (1) color camera at each police department specified location.

(B)

A color camera recorder or digital system capable of recording events on all cameras simultaneously.

(C)

Provide an IP-based system.

(31)

The permittee shall submit a monthly activity schedule to the police department. The schedule must include a brief synopsis of the type of venue, hours of the venue, artist(s) names and expected attendance. The submission must be via e-mail and must be received thirty (30) days prior. Updates to the proposed schedule must be sent immediately.

(32)

A ticket manifest for an event shall be provided, on demand, to an authorized police department representative, if requested. The ticket manifest must clearly outline the total number of tickets sold for said event. It is generally understood that the industry standard is to utilize an electronic ticketing system. Authorization by the police department to access this online electronic system is the preferred method.

(33)

Queuing lines shall be managed in an orderly manner and all disruptive and intoxicated patrons shall be denied entry. The business owner or his designate shall be responsible for monitoring and managing the queuing lines at all times. Food or alcohol may not be served to patrons waiting to enter the establishment.

(34)

The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses and residences. Stanchions or barriers must be used to maintain order at all times the queue exceeds twenty-five (25) patrons. Placement of stanchions and barriers must receive public works agency approval.

(35)

Controls shall be established to maintain occupancy levels allowed by the Orange County Fire Authority and these fire department approved levels will not be exceeded. Methods of controlling occupancy can

include, but not limited to the following: Counters used to count the number of occupants entering and exiting the location, which are available for inspection by OCFA or the police department.

(36)

The permitted establishment shall at all times comply with Santa Ana Municipal Code Sections 10-181 through 10-187 regarding curfews for minors.

(Ord. No. NS-2847, § 29, 8-5-13)

Sec. 41-196.5. - Entertainment permit required.

Any legal non-residential use wishing to offer entertainment as an ancillary use to its primary operation must apply for an entertainment permit pursuant to Chapter 11 of the Santa Ana Municipal Code. At no time may entertainment be offered without such a permit.

(Ord. No. NS-2847, § 30, 8-5-13)

Sec. 41-197. - Regulation at property not included in any use district.

Property which is not included within any use district on the sectional district maps of the city shall be subject to the same use and development regulations as apply to property in the O (open space land) district.

(Ord. No. NS-1898, § 1, 5-18-87)

Sec. 41-198. - Wireless communication facilities—Purpose.

The purpose of these regulations and guidelines is to regulate the establishment of all wireless communication facilities to protect the public safety, general welfare, and quality of life of Santa Ana citizens. The city council has found and determined that these regulations and guidelines for wireless communication facilities are necessary to attain these goals. These regulations are intended to amend applicable provisions of this section, pertaining to communications facilities, Chapter 41 of this Code, and any other applicable provisions contained within this Code.

(Ord. No. NS-2356, § 5, 7-6-98)

Sec. 41-198.1. - Same—Definitions.

Unless otherwise stated, the following definitions pertain to sections 41-198 through 41-198.14:

Antenna means a device used in communications which transmits or receives radio signals.

Antenna, panel means an antenna or array of antennae that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also referred to as directional antennae.

Antenna, whip means an antenna that transmits signals in three hundred sixty (360) degrees. They are typically cylindrical in shape and are less than six (6) inches in diameter and measure up to eighteen (18) feet in height. Also called omnidirectional, stick, or pipe antennas.

Building mounted means mounted to the side of a building or to another structure such as a water tank, billboard, church steeple, freestanding sign, etc.

California Public Utilities Commission (CPUC) means the governmental agency which regulates the terms and conditions of public utilities in the State of California.

Cell site means a geographical area that contains both transmitting and receiving antennae.

Cellular means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennae.

Certificate of public convenience and necessity means a certificate issued by the California Public Utilities Commission.

Co-location means the locating of wireless communications equipment from more than one (1) provider on a single building mounted, roof mounted, or ground mounted or wireless communication facility.

Electromagnetic field means the local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor.

Enhanced specialized mobile radio means a digital wireless communication technology that specializes in providing dispatching services.

Ground mounted means mounted to a pole, monopole, lattice tower, or other freestanding structure specifically constructed for the purpose of supporting such antenna.

Lattice tower means a structure with two (2) or more support legs that supports a variety of antennae. These towers generally range in height from sixty (60) to two hundred (200) feet and are constructed in areas where great height is needed, microwave antennas are required, or where the weather demands a more structurally sound design.

Major wireless communication facility means a wireless communication facility that:

(1)

Is ground mounted; or

(2)

Is building or roof mounted and exceeds ten (10) feet in height.

Microcell means a wireless communication facility that:

(1)

Contains a maximum of four (4) whip and twelve (12) panel antennae. Each whip antenna does not exceed four (4) inches in diameter and four (4) feet in length. Each panel antenna does not exceed two (2) square feet in surface area.

(2)

Contains a maximum of one (1) microwave antennae no larger than ten (10) square feet in surface area.

(3)

Has an array of antennae less than ten (10) feet in height as measured from the base.

(4)

Is building or roof mounted.

(5)

Has a total height, if building or roof mounted, that does not exceed the maximum height permitted in the applicable zoning district in which the facility is located.

Minor wireless communication facility means a wireless communication facility that:

(1)

Consists of a microcell; or

(2)

Is building or roof mounted and is less than ten (10) feet in height and does not exceed the maximum height permitted in the zoning district in which the facility is located.

(3)

Is fully screened from view if roof mounted.

Monopole means a structure composed of a single spire used to support antennae and related equipment.

Mounted means attached or supported.

Multi-purpose tower means a structure that integrates a monopole into a light pole or other utility pole.

Personal communication services means a digital wireless communication technology that has the capacity for multiple communications services and will provide a system in which calls will be routed to individuals rather than places, regardless of location.

Private wireless communication facility means a wireless communication facility that has not been granted a certificate of public convenience and necessity by the CPUC.

Public wireless communication facility means a wireless communication facility that has been granted a certificate of public convenience and necessity by the CPUC.

Radiofrequency radiation means electromagnetic radiation in the portion of the spectrum from three (3) kilohertz to three hundred (300) gigahertz.

Roof mounted means mounted above the eave line of a building or on any portion of the roof area.

Stealth facility means any communications facility which is disguised to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure. Also referred to as a concealed antenna.

Wireless communication facility means any public or private structure that supports antennae, microwave dishes, and other related equipment that sends and/or receives radiofrequency signals.

(Ord. No. NS-2356, § 6, 7-6-98)

Sec. 41-198.2. - Same—Applicability.

(a)

All wireless communication facilities for which applications were approved and/or building permits issued by the planning and building agency on or prior to the adoption date of this section are subject to the provisions of the nonconforming buildings and uses section of Chapter 41 (sections 41-679 through 41689).

(b)

All wireless communication facilities for which building permits have expired, and have not been renewed on or prior to the adoption date of this section, shall be required to comply with the regulations and guidelines contained within this article.

(Ord. No. NS-2356, § 7, 7-6-98)

Sec. 41-198.3. - Same—Permits required.

(a)

Minor wireless facilities. A land use certificate is required for each installation.

(b)

Major wireless facilities. A conditional use permit is required for each installation.

(c)

Multiple wireless communication facilities. A multiple wireless communication facility program shall be adopted for multiple installations of minor wireless communication facilities on a single structure or building. The minor wireless communication facility program shall be reviewed or specified for minor wireless facilities. Each individual installation of a minor wireless facility pursuant to a minor wireless communication facility program requires approval of an installation permit pursuant to the procedures for a land use certificate.

(1)

No permit shall be issued for multiple installations of any wireless communication facility, except pursuant to an approved multiple wireless communication facility program in accordance with this article.

(2)

A wireless communication facility program for existing multiple installations of minor wireless communication facilities that do not have an approved program shall be adopted prior to the issuance of any additional wireless communication permits for multiple installations. Said program shall follow the implied program or predominant pattern in use of the existing installations.

(Ord. No. NS-2356, § 8, 7-6-98)

Sec. 41-198.4. - Same—Improvement requirements.

Site improvements required for major wireless facilities include:

(1)

Landscaping around the base of the facility, including vines, groundcover, and a twenty-four (24) inch box tree;

(2)

Decorative fencing such as wrought iron or block around the wireless facility;

(3)

A solid wall, with a minimum height of six (6) feet, between a wireless facility and all property lines which abut property zoned or used for residential purposes;

The following improvements may be required, as determined by the planning manager, or his or her designee:

(4)

One (1) parking space for the wireless facility use, if on-site parking is not available;

(5)

Repairing, repaving and restriping of a parking lot which is in poor condition as identified by the planning division;

(6)

The repainting of building(s) on a site; and

(7)

The construction of a new trash enclosure.

(Ord. No. NS-2356, § 9, 7-6-98)

Sec. 41-198.5. - Same—Development criteria.

(a)

Screening criteria and guidelines.

(1)

Major wireless communication facilities shall be a stealth facility as defined in section 41-198.1.

(2)

All wireless communication facilities shall be located in areas that will minimize their aesthetic intrusion on the surrounding community. For building mounted facilities, all screening shall be compatible with the existing architecture, color, texture, and/or materials of the building.

(b)

Site selection order of preference.

(1)

Wireless communication facilities shall be located in the following order of preference:

a.

On existing structures such as buildings, communication towers, church steeples, and freestanding signs.

b.

In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

(2)

As part of the application process for major wireless communication facilities, the applicant shall be required to provide written documentation demonstrating a good faith effort in locating facilities in accordance with the site selection order of preference.

(c)

Other criteria and guidelines.

(1)

Wireless communication facilities shall not bear any signs of advertising devices other than certification, warning, or other required seals or signage.

(2)

All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located.

(Ord. No. NS-2356, § 10, 7-6-98)

Sec. 41-198.6. - Same—Locational criteria for all wireless communication facilities.

No wireless communication facility shall be established:

(1)

Within any property zoned or used for residential purposes; or

(2)

On property that contains any legally-established residential use.

(Ord. No. NS-2356, § 11, 7-6-98)

Sec. 41-198.7. - Same—Locational guidelines for all minor wireless communication facilities.

Minor wireless communication facilities may be established on property within the city that is not zoned or used for residential uses.

(Ord. No. NS-2356, § 12, 7-6-98)

Sec. 41-198.8. - Same—Locational guidelines for all major wireless communication facilities.

Providers requesting permission to establish major wireless communication facilities in the city are strongly encouraged to find sites that are separated from residential areas to the greatest extent feasible. No major wireless communication facility should be established within one hundred forty (140) feet of:

(1)

Any residential zone or land use district; and

(2)

Any legally-established residential use.

(Ord. No. NS-2356, § 13, 7-6-98)

Sec. 41-198.9. - Same—Height criteria for all major wireless communication facilities.

No major wireless communication facility shall exceed sixty (60) feet in height from ground level as measured from the nearest street curb.

(Ord. No. NS-2356, § 14, 7-6-98)

Sec. 41-198.10. - Same—Requirement for conditional use permit.

Each major wireless communication facility established in the city must first receive approval of a conditional use permit as established by section 41-198.3 of this Code.

(Ord. No. NS-2356, § 15, 7-6-98)

Sec. 41-198.11. - Same—Requirement for design review.

Development review approval shall be required prior to the establishment of any major wireless communication facility in accordance with section 41-668 of this Code.

(Ord. No. NS-2356, § 16, 7-6-98)

Sec. 41-198.12. - Same—Private wireless communication facilities.

Private wireless communication facilities shall be subject to the provisions of sections 41-198 through 41198.14.

(Ord. No. NS-2356, § 17, 7-6-98)

Sec. 41-198.13. - Same—Conditional use permit expiration.

Each wireless communication facility approved pursuant to this article shall be approved for a period not to exceed ten (10) years.

(Ord. No. NS-2356, § 18, 7-6-98; Ord. No. NS-2923, § 3, 9-16-17)

Sec. 41-198.14. - Same—Abandonment.

Lawfully erected wireless communication facilities that are abandoned shall be removed promptly from the premises, and no later than ninety (90) days after the discontinuation of use. A wireless communication facility is considered abandoned if it no longer provides wireless communication service. Such removal shall be in accordance with proper health and safety requirements.

A written notice of the determination of abandonment shall be sent or delivered to the operator of the wireless communication facility. The operator shall have ninety (90) days to remove the facility or provide the planning division with evidence that the use has not been discontinued. The planning commission shall review all evidence and shall determine whether or not the facility is abandoned. All facilities not removed within the required ninety-day period shall be in violation of this Code and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this article.

(Ord. No. NS-2356, § 19, 7-6-98)

Sec. 41-198.15. - Same—Violations; penalties.

Violations of sections 41-198 through 41-198.14 shall constitute a misdemeanor punishable by fine or imprisonment or both. Each day the violation continues is punishable as a separate offense pursuant to section 1-8 of this Code.

(Ord. No. NS-2356, § 20, 7-6-98)

Sec. 41-198.16. - Same—Severability.

All of the provisions of sections 41-198 through 41-198.14 shall be construed together in order to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or

unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of sections 41-198 through 41-198.14 shall continue to be fully effective.

(Ord. No. NS-2356, § 21, 7-6-98)

Sec. 41-198.100. - Exterior pay phone facilities.

(a)

Exterior pay phone facilities are not permitted in the RE, R1, R1-4000, R2, R3, PD, PCD or SD use district which is planned or developed for residential use.

(b)

In use districts other than those specified in subsection (a) of this section:

(1)

A land use certificate is required, in accordance with sections 41-675 through 41-677, for each exterior pay phone installed. All pay phone facilities holding a valid business license as of January 1, 1998 will have three (3) years from the effective date of the ordinance [Ordinance NS-2374] to comply with the provisions herein.

(2)

A land use certificate shall be issued in accordance with subsection (b)(1) of this section only if the following standards and conditions are met:

a.

The pay phone may not be located such that the pay phone, or a user of the pay phone, is in:

1.

A public right-of-way,

2.

A required landscape setback area,

3.

A driveway, or

4.

An area used by vehicles for circulation.

b.

The pay phone may not be located on any unimproved property.

c.

A minimum walkway width of six (6) feet is required in front of the phone, when the phone is situated within the primary ingress to and egress from the property. The building official shall determine whether the ingress to and egress from the property is primary to the property. In all other situations, a minimum walkway width of four (4) feet is required in front of the phone.

d.

The pay phone may not block doors or be located in front of windows.

e.

Signage for the pay phones, if any, must comply with section 41-872.

f.

Exterior conduit, piping or wiring must not be visible when standing directly in front of the phone and is limited to no more than six (6) inches for new installations or phones that are required to be moved, and to no more than three (3) feet for existing installations that comply with all other provisions of the Code.

g.

No overhead utility drop is permitted for installation.

h.

No more than two (2) payphones may be located within a one hundred (100) foot radius of each other. This restriction shall not apply to existing installations, installed prior to January 1, 2002, which comply with all other provisions of the Code.

(3)

Any land use certificate for a pay phone facility issued after January 1, 2002, shall be valid for five (5) years from the date of issuance. All land use certificates for pay phone facilities issued prior to January 1, 2002, shall be valid for five (5) years commencing January 1, 2002.

(4)

Upon determination by the hearing officer that an exterior pay phone constitutes a public nuisance pursuant to Article VI of Chapter 17 (sections 17-71 through 17-99, inclusive), the land use certificate for such exterior pay phone shall be revoked.

(5)

Notwithstanding the foregoing, no land use certificate for a pay phone facility shall be issued that would violate section 17-74, or any condition imposed on an existing conditional use permit, variance, or minor exception pursuant to section 41-638.

(Ord. No. NS-2374, § 4, 12-7-98; Ord. No. NS-2489, § 4, 2-4-02)

Editor's note— Ord. No. NS-2374, § 4, adopted Dec. 7, 1998, set out provisions intended for use as § 41198.1. Inasmuch as § 41-198.1 had previously been added by Ord. No. NS-2356, the provisions of Ord. No. NS-2374 have been redesignated as § 41-198.100 at the direction of the city.

Sec. 41-198.200. - Cyber cafés—Prohibited.

For the purpose of preserving public health, safety and general welfare, cyber cafés as defined by Section 41-45 are prohibited within any zone or district in the City.

(Ord. No. NS-2513, § 6, 9-3-02; Ord. No. NS-2803, § 5, 6-21-10; Ord. No. NS-2977, § 3, 10-15-19)

Sec. 41-198.300. - Outdoor vending machines.

(a)

Notwithstanding any other provisions of this chapter, outdoor vending machines may be operated only in the C1, C2, C4, C5, CR, North Harbor Specific Plan (SP-1), and Bristol Street Specific Plan (SP-2) zones provided they are carried on in accordance with the limitations hereinafter set forth and provided a ministerial land use certificate is first obtained in accordance with sections 41-675 through 41-677 of this Code. Outdoor vending machines located in public parks or any other public property shall not be subject to this section.

(b)

No outdoor vending machine may be installed, maintained, repaired, or operated in the city without first being issued a valid land use certificate. A land use certificate shall be issued by the planning manager only if the following standards and conditions are met:

(1)

The outdoor vending machine may not be located such that the outdoor vending machine, or a user of the outdoor vending machine, is within:

a.

A public right-of-way;

b.

A required landscape area;

c.

A driveway;

d.

An area used by vehicles for circulation; or

e.

Five (5) feet of any business entrance or exit.

(2)

All outdoor vending machines must be ancillary to an approved primary use and may not be located on an unimproved lot.

(3)

When an outdoor vending machine is situated within the primary ingress to and egress from the lot, a minimum walkway width of six (6) feet shall be required in front of the outdoor vending machine, when the outdoor vending machine. The building official shall determine whether the ingress to and egress from the lot is primary to the lot. In all other situations, a minimum walkway width of four (4) feet is required in front of the outdoor vending machine.

(4)

All outdoor vending machines shall only be located on a building elevation that contains a primary entrance.

(5)

All outdoor vending machines must be positioned against a building wall and not located in front of windows. This subsection shall not apply to outdoor water vending machines.

(6)

Outdoor water vending machines may be located within the glass or wall storefront provided visibility to the cashier is not obstructed, with no greater than twenty-five (25) per cent of window area to be covered by signage and/or an outdoor water vending machine.

(7)

An outdoor vending machine shall not block exit doors.

(8)

Outdoor vending machine sign panels shall be limited to the products sold within the outdoor vending machine. No additional signs or advertising can be attached to or placed on top or side of any outdoor vending machine.

(9)

Exterior conduit, piping or wiring must not be visible when standing directly in front of the outdoor vending machine.

(10)

No visible security cages are permitted on the outside of an outdoor vending machine.

(11)

Outdoor vending machines shall not exceed eighty (80) inches in height and thirty-six (36) inches in depth and forty-two inches (42) in width.

(12)

Outdoor water vending machines shall not exceed thirty five (35) inches in height, one (1) inch in depth, as measured from the exterior glass or wall storefront, and twenty nine (29) inches in width.

(13)

All outdoor vending machines shall be maintained in a clean and attractive condition.

(14)

Any graffiti on an outdoor vending machine shall be removed within twenty-four (24) hours.

(15)

Number of outdoor vending machines.

a.

No more than five (5) outdoor vending machines shall be permitted per development site or integrated development site; of which only one (1) may be an outdoor water vending machine.

b.

The number of outdoor vending machines permittable on a development site shall be as follows:

c.

For integrated development sites with multiple underlying lots, at least one (1) outdoor vending machine, but not to exceed three (3) outdoor vending machines, may be allowed per lot. Multiple outdoor vending machines shall be subject to the following ratio:

(16)

Upon removal or relocation of an outdoor vending machine, the building and site area where the outdoor vending machine was located shall be repaired to its original condition within thirty (30) days from the date of removal.

(Ord. No. NS-2635, § 5, 8-4-03; Ord. No. NS-2710, § 12, 5-1-06)

Sec. 41-199. - Laundromats.

Laundromats may be permitted in the C1, C2, C4 and C5 districts subject to the issuance of a conditional use permit. Laundromats are not permitted in any other use district. Laundromats shall comply with the following development and performance standards:

(a)

Minors (under eighteen (18) years of age) shall not be permitted to enter or remain in a cyber cafe during the following periods unless accompanied by a parent or legal guardian:

(1)

Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through Friday of each week;

(2)

Saturday and Sunday after 10:00 p.m.

(3)

The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city.

(4)

Notice of these hours of restriction for minors shall be posted at the entrance in lettering of at least two (2) inches in size.

(b)

The cyber cafe shall not be open to customers, patrons or any member of the public between the hours of 12:00 a.m. to 7:00 a.m.

(c)

"No loitering" signs shall be posted at the front and rear of the business. In addition, a waiting area with not less than eight (8) seats shall be provided for customers waiting to use a computer. No outside waiting or seating area is permitted.

(d)

No person shall be permitted to consume alcohol on the premises.

(e)

Employees shall be at least twenty-one (21) years of age. There shall be a minimum of one (1) employee managing the cyber cafe during all working hours. If the business has more than thirty (30) computers, the business is required to add one (1) additional employee for every additional thirty (30) computers, or portion thereof, and for every thirty (30) computers thereafter, or any portion thereof. During each employee's working hours, the employee shall wear a badge identifying the business and the employee's full name.

(f)

Occupancy shall not exceed that required under the uniform building code and uniform fire code, and the maximum occupancy load shall be posted at the main entrance.

(g)

The establishment shall maintain and operate a camera/video surveillance system with recording capability during all business hours. The system shall cover the entire interior of the premises and all entrances to and exits from the establishment. The camera/video surveillance system shall be capable of delineating on playback of the system the activity and physical features of persons or areas within the premises.

(1)

Tapes/disks shall be kept a minimum of seventy-two (72) hours.

(2)

The business owner shall permit the city to inspect the tapes/disks during business hours. The system shall be maintained in good working order, including the running of the tape/disks.

(3)

A sign shall be posted inside and at the entrance to the establishment indicating that the premises are under camera/video surveillance.

(h)

The business owner shall submit and receive approval of a fire exit plan from the city's fire department. The plan shall address all existing requirements of the uniform building code and uniform fire code. This includes, but is not limited to, providing an exiting plan showing equipment location, aisle locations and dimensioned widths, and having approved exit doors and panic hardware.

(i)

Any adult entertainment business is prohibited unless specifically approved pursuant to the requirements of chapter 41, article XVII of this Code.

(j)

Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times so as to allow an unimpaired line of sight by a police officer.

(k)

The business operator, at his/her expense shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing, and Saturday through Sunday between 12:00 p.m. and closing.

(1)

The chief of police is authorized to require a specific owner/operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang related activity, weapons offenses, disturbances, and juvenile related crime, including truancy, or other good cause.

(2)

Any decision of the chief of police may be appealed to the city council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the chief of police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the chief of police. If such tenth calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day.

(3)

All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the chief of police. Furthermore, a copy of such appeal shall be filed with the planning department and the clerk of the council.

(4)

Upon receipt of such appeal, the planning department shall set the matter for hearing by the city council.

(5)

The city council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this

chapter. Such decision shall be filed with the clerk of the council, and the planning department; one (1) copy thereof shall be sent to the applicant.

(l)

Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum one (1) footcandle of light. Interior lighting shall be at maintained at a minimum of thirty (30) footcandles of light.

(m)

No exterior pay phones shall be permitted.

(n)

No pool tables or other amusement devices not directly related to Internet computer devices shall be permitted.

(o)

No gaming tournaments for cash prizes shall be permitted.

(Ord. No. NS-2135, § 1, 7-1-91; Ord. No. NS-2245, § 1, 3-6-95; Ord. No. NS-2710, § 13, 5-1-06; Ord. No. NS-2803, § 6, 6-21-10)

Sec. 41-199.1. - Banquet facilities.

Banquet facilities may be permitted in the P, C1, C1-MD, C-SM, C2, C4, C5, CR zoning districts and in any specific plan or specific development zoning district wherever restaurants and eating establishments are permitted, as a primary and ancillary use, subject to the issuance of a conditional use permit. Banquet facilities may be permitted in the M1 and M2 zoning districts as an ancillary use to restaurants and eating establishments, subject to the issuance of a conditional use permit. Banquet facilities shall comply with the following development and operational standards:

(a)

All banquet facilities require a kitchen facility, including but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter/service facilities.

(b)

All banquet facilities require sanitation facilities in compliance with the California Building Code building standards.

(c)

Whenever there is entertainment with or without alcohol, the banquet facility shall provide a uniformed state licensed security guard, as approved by the chief of police, at the rate of one (1) guard/one hundred (100)

attendees, with a minimum of one (1) security guard, or other security measures as approved by the chief of police. The guards shall be present until all attendees have left the premises.

(d)

All banquet facilities shall provide exterior lighting in compliance with police department requirements.

As used herein, a banquet facility is a facility available for rental and used for the purpose of meetings, parties, ceremonious gatherings, dining or entertainment. For the purposes of this definition, the term rental shall mean to obtain the possession and use of a facility, or a portion of a facility, on a short term, hourly or daily basis where occupancy is closed to the general public in exchange for monetary or other form of compensation.

(Ord. No. NS-2445, § 13, 9-18-00; Ord. No. NS-2803, § 7, 6-21-10)

Sec. 41-199.2. - Adult day care facilities.

Adult day care facilities providing care to more than six (6) adults may be permitted in the R1, R2 and R3 zoning districts as an ancillary use to churches and schools, subject to the issuance of a conditional use permit.

Adult day care facilities may be permitted in the P, C1, C2, C4, and C5 zoning districts, subject to the issuance of a conditional use permit.

Adult day care facilities may be permitted in any specific plan or specific development zoning district as an ancillary use to churches and schools, subject to the issuance of a conditional use permit.

As used herein, an adult day care facility is a facility that provides nonmedical care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis, as currently defined by California Health and Safety code section 1502(a)(2), as it may be amended from time to time.

(Ord. No. NS-2446, § 7, 9-18-00)

Sec. 41-199.3. - Tattoo and/or body art establishments.

All tattoo/body modification establishments shall be subject to the following, in addition to all other requirements of the law:

a.

No tattoo and/or body art establishment in the C-1, C-2, and C-4 zoning districts shall be located within five hundred (500) feet of a public or private school (K-12) or public park as measures from the outermost boundary of the property to the entrance of the facility. This restriction is based at the time of issuance of a business license and such future school or public park that may be located within this 500-foot zone will not cause the relocation of that tattoo and/or body art establishment.

b.

No tattoo and/or body art establishment in the C-1, C-2, and C-4 zoning districts shall be located within five hundred (500) feet of another tattoo and/or body art establishment.

c.

No tattoo and/or body art establishment shall operate between the hours of 12:00 a.m. and 7:00 a.m.

d.

Live animals, except service animals, shall not be allowed on the premises.

e.

Temporary establishments or events are not authorized by this section, unless a land use certificate is approved by the planning manager.

f.

The facility shall be designed to screen tattooing and/or body modifications or similar services performed on a patron from persons outside the facility.

g.

Signage, advertising, or images depicting specific anatomical parts shall not be placed in the windows or be visible to persons outside the facility.

h.

A sign shall be posted on or by each entrance stating that no person under eighteen (18) years old shall be allowed without parent or legal guardian.

i.

The applicant/operator of the tattoo and/or body art facility shall also comply with all applicable state, county and local laws as they may be amended from time to time, including Health and Safety Code Sections 119300 et seq. (California Safe Body Art Act), Penal Code Section 653 and 655 and chapter 18 of this Code.

(Ord. No. NS-2931, § 6, 11-21-17)

Sec. 41-199.4. - Noxious uses.

(a)

Any use other than eating establishments listed in Section 41-472 or 41-472.5 of this chapter, regardless of the zoning district it is established or proposed to be established in, that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge particulate materials; exhaust emissions; or handle, store, emit or discharge regulated compounds, hazardous materials, chemicals, or substances that is located within one thousand (1,000) linear feet of a public park, school (K-12) as defined by Section

11362.768 of the Health and Safety Code, or property used or zoned for residential purposes requires approval of a conditional use permit.

(b)

The one thousand (1,000) linear foot distance shall be measured from the outermost boundary of the subject property to the closest point of any public park, school, or property used or zoned for residential purposes.

(c)

The property owner or business operator of a business regulated by subsection (a) shall be responsible for notifying the City of any requirement to obtain a permit from a regional, state, or federal agency. Notification to the City must be made prior to obtaining any permit from a regional, state, or federal agency for the business activities listed in subsection (a).

(d)

A business regulated by this section shall be in compliance with all provisions established by this Code and all applicable federal, state, or local regulations and conditions established by regulating and permitting agencies.

(Ord. No. NS-3035, § 6, 12-20-22; Ord. No. NS-3038, § 12, 2-7-23; Ord. No. NS-3044, § 3, 6-20-23)

ARTICLE III. - USE DISTRICT REGULATIONS SPECIFICALLY DIVISION 1. - A1 (GENERAL AGRICULTURAL)

Sec. 41-200. - Applicability of division.

A1 (general agricultural) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-201. - Uses permitted in the A1 district.

The following uses are permitted in the A1 district:

(a)

Farming, including all types of crop agriculture and horticulture, grazing, small animal farms, and similar types of farming, except:

(1)

Hog and commercial livestock feeding ranches; and

(2)

Farms operated publicly or privately for the disposal of garbage, sewage, rubbish or offal.

(b)

Parks, playgrounds and recreation buildings of a public or quasi-public character, golf courses, country clubs and other similar uses.

(c)

Accessory buildings, structures and uses.

(d)

Temporary stands for the sale of agricultural or farming products grown or produced on the premises shall be permitted as accessory uses upon the following conditions:

(1)

When placed for a period of more than ninety (90) days, plans shall be submitted to and approved by the planning commission;

(2)

The floor area of such stand shall not exceed one hundred (100) square feet;

(3)

The owner shall remove such stand at his own expense when not in use;

(4)

The stand shall not be located closer than twenty (20) feet from any public right-of-way.

(e)

One (1) one-family dwelling, detached guest home and employees' quarters, all of a permanent character; a density of one dwelling unit for each six thousand (6,000) square feet of lot area shall be permitted provided the lot has an area of one-half (½) acre or less.

(Code 1952, § 9230.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-635, § 2, 3-4-63; Ord. No. NS-988, § 1, 11-17-69; Ord. No. NS-1226, § 9, 10-7 -74; Ord. No. NS-1297, § 1, 2-17-76; Ord. No. NS-1352, § 1, 4-477; Ord. No. NS-1654, § 7,11-1-82; Ord. No. NS-1732, § 5, 6-25-84)

Sec. 41-201.5. - Uses subject to a conditional use permit in the Al district.

The following uses may be permitted in the A1 district subject to the issuance of a conditional use permit:

(a)

Public utility buildings and structures, including electric distribution and transmission substations.

(b)

Cemeteries, mausoleums and crematories.

(c)

Mining, quarrying and other earth extraction industries.

(d)

Commercial or public airports and landing fields.

(e)

Private airplane landing fields.

(f)

Commercial dairies having herds of more than five (5) head.

(g)

Commercial stables and riding academies.

(h)

Feed mills.

(i)

Packing plants for whole agricultural products.

(j)

Commercial egg production, candling and sales; commercial production of poultry, pigeons and other fowl. Commercial production of these products if produced, raised or fattened on the premises, provided that any poultry, pigeon or rabbit enclosure, slaughtering building or place, shall be at least fifty (50) feet from any existing dwelling or milk handling facility of a dairy;

(k)

Apiaries, upon the following conditions:

(1)

No occupied hives to be closer than one hundred fifty (150) feet to any street or highway right-of-way;

(2)

No occupied hives to be closer than four hundred (400) feet to any existing dwelling on the premises or the premises of another apiary;

(3)

No occupied hives to be closer than fifty (50) feet to any property lines common to other property lines other than property lines of another apiary.

(l)

Churches, public institutions, public and parochial schools and colleges and hospitals.

(m)

Trailer park or camp.

(n)

Kennels.

(Ord. No. NS-1732, § 6, 6-25-84)

Sec. 41-202. - Building height.

No structure shall exceed thirty-five (35) feet in height.

(Code 1952, § 9230.2; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 1, 12-4-61)

Sec. 41-203. - Front yard.

There shall be a front yard of not less than twenty-five (25) feet.

(Code 1952, § 9230.3; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-204. - Side yard.

There shall be a side yard of not less than six (6) feet. On a corner lot the side yard on the street shall be not less than ten (10) feet.

(Code 1952, § 9230.4; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-205. - Rear yard.

There shall be a rear yard of not less than twenty-five (25) feet.

(Code 1952, § 9230.5; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-206. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.6; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3044, § 12, 6-20-23)

Secs. 41-207—41-215. - Reserved. DIVISION 2. - RE (RESIDENTIAL-ESTATE)

Sec. 41-216. - Applicability of division.

RE (residential-estate) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.20; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-217. - Uses permitted in the RE district.

The following uses are permitted in the RE district:

(a)

One (1) one-family dwelling.

(b)

Private greenhouses and horticulture collections for domestic, noncommercial use, flower and vegetable gardens, fruit trees or any agricultural crops.

(c)

Accessory buildings.

(Code 1952, § 9230.21; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-635, § 3, 3-4-63; Ord. No. NS-1297, § 2, 2-17-76; Ord. No. NS-1732, § 7, 6-25-84)

Sec. 41-217.5. - Uses subject to a conditional use permit in the RE district.

The following uses may be permitted in the RE district subject to the issuance of a conditional use permit:

(a)

Churches and accessory church buildings.

(b)

Public grade schools, colleges and universities which may include: Dormitories, libraries, museums, university union buildings and art galleries when owned and operated by governmental agencies or the university.

(c)

Private schools and colleges except said private schools and colleges shall not include trade schools operated by governmental agencies or the university.

(d)

Parks and playgrounds not operated for commercial purposes.

(e)

Public utility buildings and structures including electric distribution and transmission substations.

(f)

Golf courses specifically excluding miniature and pitch and putt golf courses and driving ranges.

(Ord. No. NS-1732, § 8, 6-25-84)

Sec. 41-218. - Building height.

No structure shall exceed thirty-five (35) feet in height.

(Code 1952, § 9230.22; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 2, 12-4-61)

Sec. 41-219. - Front yard.

There shall be a front yard of not less than twenty-five (25) feet.

(Code 1952, § 9230.23; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-220. - Side yard.

Each side yard shall be ten (10) per cent of the average lot width, provided, however, that the maximum side yard required under this provision need not exceed twenty (20) feet. On corner lots the side yard on the street side shall be not less than ten (10) feet.

(Code 1952, § 9230.24; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-221. - Rear yard.

There shall be a rear yard of not less than twenty-five (25) feet.

(Code 1952, § 9230.25; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-222. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.26; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3044, § 13, 6-20-23)

Secs. 41-223—41-230. - Reserved. DIVISION 3. - R1 (SINGLE-FAMILY RESIDENCE)

Sec. 41-231. - Applicability of division.

R1 (single-family residence) districts are specifically subject to the regulations contained in this division, except that nonresidential uses allowed pursuant to section 41-232.5 are subject to the design and development standards set forth in Division 12 of this article for the C1 (Community Commercial) district.

(Code 1952, § 9230.40; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 4, 4-1-91)

Sec. 41-232. - Uses permitted in the R1 district.

The following uses are permitted in the R1 district:

(a)

One (1) one-family dwelling with six (6) or fewer bedrooms.

(b)

Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop.

(c)

One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period of time not to exceed one (1) year.

(d)

Accessory buildings and structures, except as otherwise provided in section 41-232.5.

(e)

Reserved.

(f)

Adult day care facilities providing care to not more than six (6) adults.

(Code 1952, § 9230.41; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-635, § 4, 3-4-63; Ord. No. NS-988, § 2, 11-17-69; Ord. No. NS-1110, § 1, 3-20-72; Ord. No. NS-1230, § 1, 2-18-75; Ord. No. NS-1297, § 3, 2- 17-76; Ord. No. NS-1719, § 1, 3-19-84; Ord. No. NS-1732, § 9, 6-25-84; Ord. No. NS-2111, § 5, 4-1-91; Ord. No. NS-2446, § 8, 9-18-00; Ord. No. NS-2710, § 14, 5-1-06; Ord. No. NS-3038, § 13, 2-7-23)

Sec. 41-232.5. - Uses subject to a conditional use permit in the R1 district.

The following uses may be permitted in the R1 district subject to the issuance of a conditional use permit:

(a)

Churches and accessory church buildings.

(b)

Public schools, colleges and universities which may include on the campus: Dormitories, libraries, museums, university union buildings and art galleries, which are owned and operated by the university.

(c)

Private schools and colleges except said private schools and colleges shall not include trade schools or business colleges.

(d)

Public buildings and public utility buildings and structures, including electric distribution and transmission substations.

(e)

Golf courses, excluding miniature golf courses, pitch and putt courses and driving ranges.

(f)

Child care facilities caring for more than fourteen (14) children.

(g)

Neighborhood and community service centers.

(h)

Garages for more than four (4) vehicles.

(i)

Accessory buildings more than fifteen (15) feet in height or more than one (1) story.

(j)

Adult day care facilities ancillary to a church or school providing care to more than six (6) adults.

(k)

One (1) one-family dwelling with seven (7) or more bedrooms.

(Ord. No. NS-1732, § 10, 6-25-84; Ord. No. NS-2111, § 6, 4-1-91; Ord. No. NS-2446, § 9, 9-18-00; Ord. No. NS-2710, § 15, 5-1-06)

Sec. 41-233. - Building height in the R1 district.

No primary structure shall exceed twenty-seven (27) feet nor two (2) stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure.

(Code 1952, § 9280.42; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-533, § 3, 12-4-61; Ord. No. NS-2111, § 7, 4-1-91)

Sec. 41-234. - Front yard.

The front yard shall be equal to the prevailing front yard setback of the block as described in subsection 41-603(b), but not less than twenty (20) feet.

(Code 1952, § 9230.43; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2710, § 16, 5-1-06)

Sec. 41-235. - Side yards in the R1 district.

(a)

Each side yard shall be not less than five (5) feet for each building.

(b)

On corner lots, the side yard on the street side shall be not less than ten (10) feet for each building.

(c)

The restrictions on nonconforming buildings set forth in article VI of this chapter shall not apply to buildings which are nonconforming solely for the reason that they do not have side yards satisfying the setback requirement set forth in subsection (a) and provided the side yards of such building are at least three (3) feet wide.

(Code 1952, § 9230.44; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 8, 4-1-91; Ord. No. NS-2710, § 17, 5-1-06)

Sec. 41-236. - Rear yards in the R1 district.

There shall be a rear yard setback of not less than twenty (20) feet. This section shall not apply to permitted accessory dwelling units.

(Code 1952, § 9230.45; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 9, 4-1-91; Ord. No. NS-2710, § 18, 5-1-06; Ord. No. NS-2940, § 6, 4-3-18)

Sec. 41-237. - Minimum lot size and street frontage in the R1 district.

(a)

The minimum size of lots in the R1 district is six thousand (6,000) square feet.

(b)

The minimum street frontage of lots in the R1 district, measured from the back of the front yard setback, is fifty (50) feet.

(c)

Lots which have resulted from a legal subdivision but which do not meet the standards set in subsections (a) and (b) of this section may be developed with single-family dwellings, provided they have at least four thousand (4,000) square feet of area and at least forty (40) feet of street frontage.

(Code 1952, § 9230.46; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 10, 4-1-91)

Sec. 41-238. - Lot coverage in the R1 district.

No more than thirty-five (35) per cent of a lot in the R1 district shall be covered by structures.

(Ord. No. NS-2111, § 11, 4-1-91; Ord. No. NS-2710, § 19, 5-1-06)

Sec. 41-239. - Development standards in the R1 district.

Lots in the R1 district shall comply with the following standards:

(a)

Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks.

(b)

Side yards shall be completely landscaped, except a walkway or driveway may encroach into required side yard.

(c)

Driveways shall lead to a garage and not exceed the width of such garage or fifty (50) percent of the lot width at the street, whichever is less. There shall be no parking of vehicles in the front yard except in such driveways.

(d)

Garages facing the street shall occupy no more than fifty (50) percent of the lot width.

(e)

Porte-cocheres shall be architecturally integrated with the structure and may encroach up to the side property line located on a driveway that leads to the garage. A two-car garage must be provided prior to approval of a porte-cochere.

(1)

A porte-cochere shall not exceed twenty-five (25) feet in length.

(2)

Porte-cocheres shall comply with the setbacks established for the building it is attached to, except that the side yard setback may be reduced to three (3) feet. On corner lots the side yard setback on the street side shall be no less than ten (10) feet.

(f)

Accessory buildings shall not exceed thirty-five (35) percent of the required rear yard area. This subsection shall not apply to accessory dwelling units.

(g)

An accessory building shall be not less than five (5) feet from a main building.

(h)

Maximum square footage of accessory building shall not exceed fifty (50) percent of the main structure square footage. Required detached garages may exceed fifty (50) percent of the main structure square footage, but shall not exceed four hundred forty (440) square feet for a two-car garage, six hundred forty

(640) square feet for a required three-car garage and eight hundred forty (840) square feet for a required four-car garage.

(Ord. No. NS-2111, § 12, 4-1-91; Ord. No. NS-2710, § 20, 5-1-06; Ord. No. NS-2986, § 5, 4-7-20)

In the R1 district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements:

(a)

Front yard:

(1)

One 24-inch box canopy tree.

(2)

All trees shall be double-staked.

(3)

Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting.

(4)

Turf or acceptable dry climate ground cover:

a.

Turf shall be drought tolerant variety and planted as sod or hydroseed.

b.

Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material.

(b)

Side yard: Corner lots shall require one (1) 15-gallon size tree for every thirty (30) linear feet of property abutting a street, plus six (6) five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards.

(c)

Project perimeter walls:

(1)

Flowering vines shall be secured to a decorative masonry wall or wood fence material.

(2)

The vines shall be five-gallon size and be planted at 20-foot intervals. They shall be secured to the walls with eye hooks and wire.

(3)

Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines.

(d)

Irrigation system:

(1)

All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips.

(2)

The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings.

(3)

All irrigation systems shall be equipped with a controller capable of dual or multiple station programming.

(e)

Screening:

(1)

All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure.

(2)

Any enclosed structure for utilities must not encroach into any required setback.

(f)

Maintenance: All plant material shall be maintained per section 41-609 of this chapter.

(g)

[Compliance with article XVI:] Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-2111, § 13, 4-1-91; Ord. No. NS-2801, § 3, 12-23-09)

DIVISION 3.5. - RESERVED[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. NS-2458, § 3, adopted Dec. 18, 2000 repealed in their entirety the provisions of Division 3.5 of Article III of this chapter which encompassed §§ 41-241—41-245.14, pertained to the R1400 (Small Lot Single-Family Residence) zoning district and derived from Ord. No. NS-2111, § 14, adopted April 1, 1991.

Secs. 41-241—41-245.14. - Reserved. DIVISION 4. - R2 (TWO-FAMILY RESIDENCE)

Sec. 41-246. - Applicability of regulations.

R-2 (two-family residence) districts are specifically subject to the regulations contained in this division, except that one-family dwellings are subject to the design and development standards set forth in division 3 of this article, townhouses are subject to the design and development standards set forth in division 6 of this article, and uses allowed under section 41-247.5 are subject to the design and development standards set forth in this article.

(Code 1952, § 9230.60; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 15, 4-1-91; Ord. No. NS-2923, § 4, 9-16-17)

Sec. 41-247. - Uses permitted to the R-2 district.

The following uses are permitted in the R2 district:

(a)

One-family dwellings.

(b)

Two-family dwellings.

(c)

Townhouses.

(d)

Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop.

(e)

One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which shall be used for a period of time not to exceed one (1) year.

(f)

Accessory structures.

(g)

Reserved.

(h)

Adult day care facilities providing care to not more than six (6) adults.

(Code 1952, § 9230.61; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-988, § 3, 11-17-69; Ord. No. NS-1230, § 2, 2-18-75; Ord. No. NS-1658, § 1, 11-15-82; Ord. No. NS-1732, § 11, 6-25-84; Ord. No. NS-1866, § 2, 9-15-86; Ord. No. NS-1935, § 2, 11-16-87; Ord. No. NS-2111, § 16, 4-1-91; Ord. No. NS-2446, § 10, 9-1800; Ord. No. NS-3038, § 14, 2-7-23)

Sec. 41-247.5. - Uses subject to a conditional use permit in the R2 district.

The following uses may be permitted in the R2 district subject to the issuance of a conditional use permit:

(a)

Any use which may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41-232.5 may likewise be permitted in the R2 district subject to a conditional use permit.

(b)

Residential care facilities (seven (7) or more occupants), which previously were permitted as care homes pursuant to a validly issued conditional use permit and subsequently lost the permitted use pursuant to the provisions of this Code.

(Ord. No. NS-1732, § 12, 6-25-84; Ord. No. NS-1866, § 3, 9-15-86; Ord. No. NS-1935, § 3, 11-16-87; Ord. No. NS-2409, § 2, 11-15-99; Ord. No. NS-3084, § 16, 9-16-25)

Sec. 41-247.6. - Minimum lot area in the R2 district.

(a)

Lots containing only one (1) dwelling unit shall have an area of at least six thousand (6,000) square feet.

(b)

Lots containing two (2) or more dwelling units shall have an area of at least six thousand (6,000) square feet plus an additional three thousand (3,000) square feet for each dwelling unit on the lot in excess of one (1).

(Ord. No. NS-2111, § 17, 4-1-91)

Sec. 41-247.7. - Minimum street frontage in the R2 district.

(a)

Lots containing only one (1) dwelling unit shall have street frontage of at least fifty (50) feet.

(b)

Lots containing two (2) or more dwelling units shall have street frontage of at least seventy-five (75) feet.

(Ord. No. NS-2111, § 18, 4-1-91)

Sec. 41-248. - Building height in the R2 district.

No primary structure shall exceed twenty-seven (27) feet nor two (2) stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure.

(Code 1952, § 9230.62; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 4, 12-4-61; Ord. No. NS-2111, § 19, 4-1-91)

Sec. 41-248.5. - Lot coverage in the R2 district.

No more than fifty (50) per cent of the lot shall be covered by structures.

(Ord. No. NS-2111, § 20, 4-1-91)

Sec. 41-249. - Front yards in the R2 district.

There shall be a front yard of not less than twenty (20) feet from the street. If there are two (2) single-family detached units on a site, the front yard of the rear unit adjacent to the rear yard of the front unit shall be not less than ten (10).

(Code 1952, § 9230.63; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 21, 4-1-91)

Sec. 41-250. - Side yards in the R2 district.

Each side yard shall be not less than five (5) feet for each building. On corner lots, the side yard on the street side shall be not less than ten (10) feet for each building. The restrictions on nonconforming buildings set forth in Article VI of this chapter shall not apply to buildings which are nonconforming solely for the reason that they do not have side yards meeting the standard set by this section, provided the side yards of such building are at least three (3) feet wide.

(Code 1952, § 9230.64; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1935, § 4, 11-16-87; Ord. No. NS2111, § 22, 4-1-91)

Sec. 41-251. - Rear yards in the R2 district.

There shall be a rear yard of not less than fifteen (15) feet for each dwelling unit. Such rear yard may be reduced to not less than ten (10) feet in width, provided that it has at least one thousand two hundred (1,200) square feet of open space area, exclusive of side yard areas.

(Code 1952, § 9230.65; Ord. No. NS-455, § 1, 6-20-66; Ord. No. NS-1935, § 5, 11-16-87; Ord. No. NS2111, § 23, 4-1-91)

Sec. 41-252. - Attachment of dwelling units in the R2 district.

No more than two (2) dwelling units (other than townhouses) shall be attached together.

(Code 1952, § 9230.66; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1658, § 2, 11-15-82; Ord. No. NS1756, § 1, 1-17-85; Ord. No. NS-1866, § 4, 9-15-86; Ord. No. NS-1935, § 6, 11-16-87; Ord. No. NS-2111, § 24, 4-1-91)

Sec. 41-253. - Development standards in the R2 district.

Lots in the R2 district shall comply with the following standards:

(a)

Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks.

(b)

Side yards shall be completely landscaped. Any walkway, driveway, or hardscape shall be in addition to the required side yard.

(c)

Driveways shall lead to a garage and not exceed the width of such garage or fifty (50) per cent of the lot width at the street, whichever is less. There shall be no parking of vehicles in the front yard except in such driveways.

(d)

Garages facing the street shall occupy no more than fifty (50) per cent of the lot width.

(e)

Porte cocheres shall be architecturally compatible with the structure and may encroach up to the side property line. A two-car garage must be provided prior to approval of a porte cochere.

(f)

Accessory structures shall not exceed thirty-five (35) per cent of the required rear yard area.

(g)

The primary entrance of at least one (1) dwelling unit must face the street to which the unit is oriented. When a unit is oriented to face a driveway, the primary entrance shall face that driveway.

(h)

Maximum square footage of accessory structures shall not exceed sixty-six (66) per cent of the main structure square footage.

(i)

Existing detached accessory structures, on exterior corner lots only, may be connected to the main structure, provided a minimum five-foot setback is maintained from any property line and a minimum of one thousand two hundred (1,200) square feet of open area is maintained in the rear yard.

(Ord. No. NS-1866, § 5, 9-15-86; Ord. No. NS-2111, § 25, 4-1-91)

Sec. 41-254. - Building separation in the R2 district.

(a)

The building separation between primary structures shall be at least fifteen (15) feet.

(b)

The building separation between primary and accessory structures shall be at least five (5) feet.

(Ord. No. NS-1866, § 6, 9-15-86; Ord. No. NS-2111, § 26, 4-1-91)

Sec. 41-255. - Open space standard for the R2 district.

Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction.

(Ord. No. NS-1935, § 7, 11-16-87; Ord. No. NS-2111, § 27, 4-1-91)

Sec. 41-256. - Landscape standards for the R-2 district.

In the R2 district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements:

(a)

Front yard:

(1)

One (1) 24-inch box canopy tree.

(2)

All trees shall be double-staked.

(3)

One (1) tree species for up to five (5) dwelling units and an additional tree species for each increment of five (5) units.

(4)

Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting.

(5)

Turf or acceptable dry climate ground cover:

a.

Turf shall be drought tolerant variety and planted as sod or hydroseed.

b.

Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material.

(b)

Side yard: Corner lots shall require one (1) 15-gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards.

(c)

Rear yard: A buffer shall be provided for privacy from adjoining property. A hedge or vines on a fence are satisfactory screens.

(d)

Project perimeter walls:

(1)

Flowering vines shall be secured to a decorative masonry wall or wood fence material.

(2)

The vines shall be five-gallon size and be planted at 20-foot intervals. They shall be secured to the walls with eye hooks and wire.

(3)

Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines.

(e)

Irrigation system:

(1)

All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips.

(2)

The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings.

(3)

All irrigation systems shall be equipped with a controller capable of dual or multiple station programming.

(f)

Screening:

(1)

All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure.

(2)

Any enclosed structure for utilities must not encroach into any required setback.

(g)

Maintenance: All plant material shall be maintained per section 41-609 of this chapter.

(h)

[Compliance with article XVI:] Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-1935, § 8, 11-16-87; Ord. No. NS-2111, § 28, 4-1-91; Ord. No. NS-2801, § 4, 12-23-09)

Sec. 41-257. - Reserved.

DIVISION 5. - R3 (MULTIPLE-FAMILY RESIDENCE)[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Section 4 of Ord. No. NS-1845, adopted June 2, 1986, provided in part for the repeal of §§ 41-258, 41-260—41-265, 41-265.5, 41-266 and 41-267 of this division which pertained to various district regulations for the R3 (Medium-Density Multiple-Family Residence) district. Section 6 of said Ord. No. NS-

1845 amended the title of this Div. 5 to read as herein set out. The repealed provisions of this division enumerated above derived from Code 1952, §§ 9230.81, 9230.83—9230.90; Ord. No. NS-959, § 2, adopted March 17, 1969; Ord. No. NS-1726, §§ 1—8, enacted June 25, 1984; and Ord. No. NS-1739, §§ 1 —3, adopted Oct. 15, 1984.

The purpose of this division is to regulate the development of land for multiple-family residential purposes in the city. It is the intent of this division to set forth standards for the development of superior quality multiple-family housing development in a setting which is sensitive to the impacts on adjacent properties. It is further the intent of this division to create housing development which will be of such utility and function that it will remain liveable and usable for an extended period of years. It is also the intent of this division to provide functional and nonmonotonous orientation of buildings with a maximum of usable open space around each.

(Ord. No. NS-2111, § 29, 4-1-91)

This division applies to developments which are used solely for residential purposes and uses incidental thereto and which include one (1) or more multifamily dwellings. It does not apply to buildings which are used partly for dwelling units and partly for commercial or office uses (other than sales or management activities pertaining to dwelling units on the same site). It does apply to single-family and two-family dwellings which are part of a development which includes multiple-family dwellings. One-family dwellings that are not part of a development which includes multiple-family dwellings shall be subject to the design and development standards set forth in Division 3 of this article. Two-family dwellings that are not part of a development which includes multiple-family dwellings shall be subject to the design and development standards set forth in Division 4 of this article. Townhouses are subject to the standards set forth in Division 6 of this article instead of those set forth in this division. Nonresidential uses shall be subject to the design and development standards set forth in Division 12 of this article.

(Ord. No. NS-2111, § 30, 4-1-91)

The following uses are permitted in the R3 district:

(a)

All uses permitted in the R2 district pursuant to section 41-247.

(b)

Multiple-family dwellings.

(Code 1952, § 9230.82; Ord. No. NS-959, § 2, 3-17-69; Ord. No. NS-1110, § 1, 3-20-72; Ord. No. NS-1230, § 3, 2-18-75; Ord. No. NS-1532, § 5, 6-16-80; Ord. No. NS-1732, § 13, 6-25-84; Ord. No. NS-2446, § 11, 9-18-00)

Sec. 41-259.5. - Uses subject to a conditional use permit in the R3 district.

The following uses may be permitted in the R3 district subject to the issuance of a conditional use permit:

(a)

Any use which may be permitted in the R2 district subject to the issuance of a conditional use permit pursuant to Section 41-247.5.

(b)

Fraternity houses, residential care facilities (seven (7) or more occupants), and sorority houses.

(c)

Sanitariums and hospitals.

(Ord. No. NS-1732, § 14, 6-25-84; Ord. No. NS-3084, § 17, 9-16-25)

Sec. 41-260. - Classification of multiple-family dwelling developments.

For purposes of this division, multiple-family dwelling developments are classified as follows:

Class I—Developments having a density of twenty-two (22) or less dwelling units per acre.

Class II—Developments having a density of more than twenty-two (22) dwelling units per acre but not more than thirty-five (35) dwelling units per acre.

Class III—Developments having a density of more than thirty-five (35) dwellings units per acre but not more than sixty (60) dwelling units per acre.

Class IV—Developments having a density of more than sixty (60) dwelling units per acre.

The density of a multiple-family dwelling development is determined by multiplying the number of dwelling units in the development by a fraction, the numerator of which is forty-three thousand five hundred sixty (43,560) square feet and the denominator of which is the number of square feet in the development site.

(Ord. No. NS-2111, § 31, 4-1-91)

Sec. 41-261. - Density.

The density of a multiple-family dwelling development, as determined pursuant to section 41-260, shall not exceed the density limit, if any, prescribed by the general plan of the city for the area of the city in which the development is located.

(Ord. No. NS-2111, § 32, 4-1-91)

Sec. 41-262. - Site size limitation.

(a)

The number of dwelling units in a multiple-family dwelling development having less than standard site size, as hereinafter defined, shall not exceed its site size limitation, as hereinafter defined. The definitions hereinafter set forth are for purposes of this section only.

(b)

Standard site size means:

(1)

For class I developments: Twelve thousand (12,000) square feet.

(2)

For class II developments: Twenty-one thousand seven hundred (21,700) square feet.

(3)

For class III developments: Forty-three thousand five hundred (43,500) square feet.

(4)

For class IV developments: Sixty-five thousand three hundred (65,300) square feet.

(c)

Conformance quotient means the number obtained by dividing the actual size of the development site, expressed in square feet, by its standard site size.

(d)

Base density means:

(1)

For class I developments: Fifteen (15) dwelling units per acre.

(2)

For class II developments: Twenty-two (22) dwelling units per acre.

(3)

For class III developments: Thirty-five (35) dwelling units per acre.

(4)

For class IV developments: Sixty (60) dwelling units per acre.

(e)

Potential additional density means:

(1)

For class I developments: Seven (7) dwelling units per acre.

(2)

For class II developments: Thirteen (13) dwelling units per acre.

(3)

For class III developments: Twenty-five (25) dwelling units per acre.

(4)

For class IV developments: Thirty (30) dwelling units per acre.

(f)

Actual additional density means the number of dwelling units per acre obtained by multiplying a development's potential additional density by its conformance quotient.

(g)

Allowable site size density means the number obtained by adding a development's actual additional density to its base density.

(h)

Site size limitation means the number of dwelling units obtained by multiplying a development's allowable site size density by a fraction, the numerator of which is the actual size of the development site, expressed in square feet, and the numerator of which is forty-five thousand five hundred sixty (45,560) square feet.

(Ord. No. NS-2111, § 33, 4-1-91)

Sec. 41-263. - Density bonuses.

The limitations of sections 41-261 and 41-262 may be exceeded as appropriate to allow a density bonus authorized or required by state law.

(Ord. No. NS-2111, § 34, 4-1-91)

Sec. 41-264. - Minimum street frontage.

The primary street frontage of any multiple-family dwelling development shall have an extension equal to or greater than the following:

(1)

Class I developments: Seventy-five (75) feet.

(2)

Class II developments: One hundred thirty-five (135) feet.

(3)

Class III developments: One hundred thirty-five (135) feet.

(4)

Class IV developments: Two hundred (200) feet.

(Ord. No. NS-2111, § 35, 4-1-91)

(a)

As used in sections 41-266 and 41-267, the term "absolute minimum setback" means the minimum required distance between any part of a building and any part of the nearest property line thereto. No part of any multiple-family dwelling shall encroach into any absolute minimum setback.

(b)

As used in sections 41-266 and 41-267, the term "minimum average setback" means the minimum required average distance between a face of a building and the property line nearest thereto. Private decks and balconies may encroach into a minimum average setback.

(c)

The front yard building setback requirements in sections 41-266 and 41-267 apply to all buildings within a multiple-family dwelling development, including accessory buildings such as garages, carports and recreational buildings. The rear and side yard building setback requirements in such sections apply only to buildings in which dwelling units are located; provided, however, that if an accessory building is located within a rear or side yard building setback area, the distance between such accessory building and the nearest dwelling unit building shall equal or exceed that building setback requirement.

(Ord. No. NS-2111, § 36, 4-1-91)

(a)

The front yard building setback requirements for class I developments are as follows:

(1)

The absolute minimum setback is twenty (20) feet.

(2)

If a building is more than ten (10) feet high but not more than twenty (20) feet high, its minimum average setback is twenty-five (25) feet.

(3)

If a building is more than twenty (20) feet high but not more than thirty (30) feet high, its minimum average setback is twenty-five (25) feet plus six (6) inches for each foot by which the building's height exceeds twenty (20) feet.

(4)

If a building is thirty (30) feet high or higher, its minimum average setback is thirty (30) feet.

(b)

The side yard building setback requirements for class I developments are as follows:

(1)

The absolute minimum setback is six (6) feet, except that, for any side yard facing on a street, the absolute minimum setback for the ground level story shall be ten (10) feet or the average depth of the front yards of residential buildings on such street in the vicinity of the development, whichever is greater.

(2)

If a building is more than ten (10) feet high but not more than twenty (20) feet high, its minimum average setback is eight (8) feet.

(3)

If a building is more than twenty (20) feet high but not more than twenty-eight (28) feet high, its minimum average setback is eight (8) feet plus six (6) inches for each foot by which the buildings height exceeds twenty (20) feet.

(4)

If a building is twenty-eight (28) feet high or higher, its minimum average setback is twelve (12) feet.

(c)

The rear yard absolute minimum setback is fifteen (15) feet.

(Ord. No. NS-2111, § 37, 4-1-91)

Sec. 41-267. - Building setback requirements for class II developments.

(a)

The front yard building setback requirements for class II developments are as follows:

(1)

The absolute minimum setback is fifteen (15) feet.

(2)

If a building is more than ten (10) feet high but not more than twenty (20) feet high, its minimum average setback is twenty (20) feet.

(3)

If a building is more than twenty (20) feet high but not more than forty (40) feet high, its minimum average setback is twenty (20) feet plus six (6) inches for each foot by which the building's height exceeds twenty (20) feet.

(4)

If a building is forty (40) feet high or higher, its minimum average setback is thirty (30) feet.

(b)

The rear and side yard setback requirements for class II developments are the same as those specified in section 41-266 for class I developments.

(Ord. No. NS-2111, § 38, 4-1-91)

Sec. 41-268. - Building setback requirements for class III and class IV developments.

(a)

The absolute minimum setbacks for buildings in class III or class IV developments and the minimum average setbacks for all such buildings which are not more than forty-five (45) feet high are the same as those specified in section 41-267 for class II developments.

(b)

The front yard minimum average setback for a building more than forty-five (45) feet high in a class III or class IV development is as follows:

(1)

If the building is less than sixty (60) feet high, the minimum average setback is thirty (30) feet plus six (6) inches for each foot by which the building's height exceeds fifty (50) feet.

(2)

If the building is sixty (60) feet high or higher, the minimum average setback is thirty-five (35) feet.

(c)

The side yard minimum average setback for a building more than forty-five (45) feet high in a class III or class IV development is as follows:

(1)

If the building is less than fifty (50) feet high, the minimum average setback is twenty-two and one-half (22½) feet plus six (6) inches for each foot by which the building's height exceeds forty-five (45) feet.

(2)

If the building is fifty (50) feet high or higher, the minimum average setback is twenty-five (25) feet.

(d)

The rear yard minimum average setback for a building more than forty-five (45) feet high in a class III or class IV development is as follows:

(1)

If the building is less than fifty (50) feet high, the minimum average setback is twenty-seven and one-half (27½) feet plus six (6) inches for each foot by which the building's height exceeds forty-five (45) feet.

(2)

If the building is fifty (50) feet high or higher, the minimum average setback is thirty (30) feet.

(Ord. No. NS-2111, § 39, 4-1-91)

Sec. 41-269. - Building height.

(a)

Buildings in class I, class II or class III developments shall not exceed the following height limitations.

(1)

In class I developments: Thirty-five (35) feet.

(2)

In class II developments: Forty-five (45) feet.

(3)

In class III developments: Sixty (60) feet.

(b)

There is no height limitation on buildings in a class IV development.

(c)

Mechanical and other appurtenances to buildings may extend above the height limitations imposed by this section, subject to screening standards and height and size limitations adopted pursuant to section 41272.06.

(d)

The filing with the city of development plans for any development including one (1) or more buildings more than three (3) stories high shall be accompanied by the filing of a shade and shadow analysis and diagram showing such building's impact on surrounding properties.

(Ord. No. NS-2111, § 40, 4-1-91)

Sec. 41-270. - Open spaces.

(a)

Usable open space shall be provided at the rate of two hundred fifty (250) square feet of area for each residential unit. Such usable space shall be divided between (1) passive common open space and (2) active open space and (3) private open space, as follows:

(1)

Passive common open space:

a.

Passive common open space shall be provided at the rate of at least one hundred (100) square feet per residential unit, and there shall be at least one (1) area of passive common open space in each project that is at least seven hundred fifty (750) square feet in size and has minimum dimensions of twenty (20) feet in each direction.

b.

Passive common open space shall be undisturbed soil at natural grade and shall be a minimum of forty (40) per cent of the total open space required within the project.

c.

Passive common open space shall consist of ground level open space which s primarily sod-covered or landscaped and which may provide such amenities as barbecue grills and picnic furniture.

(2)

Active open space:

a.

There shall be at least one (1) area of active open space that is at least five hundred (500) square feet in size and has a minimum dimension of at least twenty (20) feet in each direction.

b.

Active open space shall be a minimum of forty (40) per cent of the total open space required within the project.

c.

Active open space shall consist of such amenities as swimming pools, jacuzzis and tennis courts. These facilities may only be used to satisfy the active open space requirement.

d.

An enclosed room for recreational purposes may be provided to satisfy the active open space requirements, subject to the following standards:

1.

A maximum of twenty (20) per cent of the total open space required within the project may be counted for recreational building space.

2.

Recreational building space shall consist of such amenities as recreation rooms, exercise facilities and saunas. Recreational building space may be constructed within a structure or at some point other than ground level.

3.

Recreational building space must be maintained in perpetuity within the project and shall not be converted to alternative uses other than a different recreational use.

(3)

Private open space:

a.

Private open space provided within an individual unit shall be no less than ninety (90) square feet and shall have a minimum dimension of six (6) feet in each direction.

b.

Only interior courtyards and interior balconies may be counted in satisfying this open space requirement.

c.

Exterior balconies that face a public street, alley or arterial street shall not be considered in satisfying this open space requirement.

(b)

The requirements of subsection (a) of this section are in addition to the building setback requirements of sections 41-265 through 41-268. That portion of the site which lies between a property line and the minimum building setback distance measured from such property line shall not be included in the determination of open space for purposes of such subsection.

(c)

For calculation purposes, the yard setback area which is contiguous to the passive common open space may be included in the total requirement of passive common open space for the project. Either the total side yard or the rear yard or the front yard (up to the footage equal to the rear yard) may be involved in those calculations. This area must be easily accessible to all units through public areas.

(d)

Class III and class IV developments are subject to the following additional requirements: Not more than sixty (60) per cent of the development site area shall be devoted to main or accessory buildings, covered or open parking areas, driveways and other nonopen space uses. The remaining parcel area shall be devoted to passive or active open space, including landscaped activity areas, game courts, swimming pools, putting greens, walkways and passive recreational uses, amenities or other features for the exclusive use of project residents and their guests.

(Ord. No. NS-2111, § 41, 4-1-91)

(a)

Any balcony or deck which is constructed as an appurtenance to a dwelling unit shall be not less than ninety (90) square feet in size and have dimensions of at least six (6) feet in each direction, and shall be screened from view from outside the building to up to the minimum height for a guardrail for such balcony or deck as established by the Uniform Building Code.

(b)

Courtyards and interior balconies may be counted in satisfying the private open space requirement. Exterior balconies that face a public street or arterial street shall not be considered in satisfying the private open space requirement.

(Ord. No. NS-2111, § 42, 4-1-91)

Sec. 41-272. - Storage space.

For each dwelling unit, there shall be a separate, enclosed, lockable storage space area reserved for the occupants of such dwelling unit. Such storage space may be located in the garage space allocated to such unit or elsewhere within the development, but may not be directly accessible from the dwelling unit. Such storage space shall be at least two hundred fifty (250) cubic feet in size and shall have minimum dimensions of four (4) feet by eight (8) feet.

(Ord. No. NS-2111, § 43, 4-1-91)

Sec. 41-272.01. - Size of dwelling units.

(a)

The gross floor area of each dwelling unit shall equal or exceed the following standards:

(1)

Bachelor units: Four hundred fifty (450) square feet.

(2)

One-bedroom units: Five hundred fifty (550) square feet.

(3)

Two-bedroom units: Seven hundred fifty (750) square feet.

(4)

Three-bedroom units: Nine hundred fifty (950) square feet.

(b)

The gross floor area of a dwelling unit shall be calculated exclusive of garages, carports, private balconies and/or private open space.

(Ord. No. NS-2111, § 44, 4-1-91)

Off-street parking shall be provided in accordance with Article XV of this chapter. All such parking spaces, except spaces for visitor parking, must be covered and screened from neighboring properties.

(Ord. No. NS-2111, § 45, 4-1-91)

Sec. 41-272.03. - Landscaping.

(a)

All required setback areas, required open spaces around the perimeter of buildings, and the required parking areas, unless specified in the provisions of this district, shall be completely landscaped, except for vehicular and pedestrian accessways.

(b)

Prior to the issuance of any building permit for the construction of a multiple-family dwelling development, the developer shall submit to the city, and the planning division shall approve, a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council.

(c)

Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development.

(d)

Procedures for the approval and amendment of landscaping plans shall be established by the planning division.

(e)

Vehicular parking may not be located within any required landscaped area.

(f)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(g)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-2111, § 46, 4-1-91; Ord. No. NS-2801, § 5, 12-23-09)

Sec. 41-272.04. - Determination of number of bedrooms in dwelling unit.

For purposes of determining the minimum dwelling unit size pursuant to section 41-272.01 and the number of required off-street parking spaces required for a development pursuant to Article XV of this chapter, the planning division may determine that any area shown on the floor plan of a dwelling unit shall be deemed a bedroom even though not designated as such on such plan, provided such area exceeds eighty (80) square feet and is reasonably usable as a bedroom or is readily convertible to use as a bedroom by the construction of a single partition wall and/or an additional doorway.

(Ord. No. NS-2111, § 47, 4-1-91)

Sec. 41-272.05. - Restriction on division of developments.

No site which has been developed as a multiple-family dwelling development shall thereafter be divided into two (2) or more parcels under separate ownership unless each parcel which would result from such division complies on its own with all the requirements of this division.

(Ord. No. NS-2111, § 48, 4-1-91)

Sec. 41-272.06. - Supplementary regulations and specific development objectives.

(a)

The planning commission is authorized to adopt regulations supplementary to and consistent with the provisions of this division in order to clarify the general application of such provisions.

(b)

The planning commission is further authorized to set development objectives for individual proposed multiple-family dwelling developments. Such objectives shall be consistent with the provisions of this

division and shall be for the purpose of clarifying the application of such provisions specifically to the proposed development and promoting the purposes of this division.

(c)

Development project plans approved pursuant to sections 41-668 through 41-674 for multiple-family dwelling developments shall be consistent with any and all regulations or development objectives established pursuant to this section which are applicable to such development, subject to the appeal process set forth in such sections.

(Ord. No. NS-2111, § 49, 4-1-91)

DIVISION 6. - TOWNHOUSE STANDARDS

Sec. 41-273. - Applicability of division.

Townhouse developments are specifically subject to the regulations contained in this division.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-274. - Minimum development site size.

The minimum development site size shall be twelve thousand (12,000) square feet of contiguous land, with a minimum street frontage of one hundred (100) feet.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-275. - Minimum lot area per unit.

The minimum lot area shall be three thousand (3,000) square feet per unit.

(Ord. No. NS-2111, § 50, 4-1-91)

Editor's note— Ord. No. NS-2710, § 21, adopted May 1, 2006, repealed § 41-276 in its entirety, which pertained to minimum street frontage, and derived from Ord. No. NS-2111, § 50, adopted April 1, 1991.

Sec. 41-277. - Building height.

(a)

No primary structure shall exceed twenty-seven (27) feet or two (2) stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure.

(b)

Accessory structures shall not exceed fifteen (15) feet or one (1) story in height.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-278. - Lot coverage.

No more than fifty (50) per cent of the lot shall be covered by structures.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-279. - Front yard.

Each townhouse shall have a front yard of not less than twenty (20) feet.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-280. - Side yard.

Each side yard of a townhouse shall be not less than ten (10) feet. Side yards which front on a local street shall be a minimum of ten (10) feet. Side yards that front on an arterial street shall be a minimum of fifteen (15) feet.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-281. - Rear yard.

Each townhouse shall have a rear yard of not less than fifteen (15) feet.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-282. - Off-street parking.

Off-street parking shall be provided as follows:

(1)

Each unit shall have two (2) spaces in a garage.

(2)

Garages shall not face the street.

(3)

A garage shall have access directly into the townhouse or into the private yard area of the townhouse.

(4)

Two (2) guest spaces shall be provided for each townhouse.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-283. - Open space.

For a townhouse development, both private and common open space shall be provided within the project. Minimum open space requirements for townhouse developments are as follows:

(1)

Private open space:

(a)

Shall be a single private open space no less than two hundred fifty (250) square feet per unit, with a minimum dimension of ten (10) feet in each direction.

(b)

Shall be at the ground level.

(c)

Shall be accessible from the unit's kitchen, dining area, den, family and/or living room.

(2)

Common open space:

(a)

Shall be a single common open space equivalent to no less than two hundred fifty (250) square feet per unit, with a minimum of fifteen (15) feet in each direction.

(b)

Is in addition to yard areas. Front, side and rear yards may not be counted to satisfy this requirement.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-284. - Fences.

(a)

A fence plan for any townhouse development project shall be submitted for approval to the planning manager. The fence plan shall include, but is not limited to, the following:

(1)

The plan shall delineate and dimension the location, size and materials of all fences.

(2)

The plan shall provide elevations demonstrating the architectural compatibility of the proposed fences with the proposed project.

(3)

The plan shall include installation specifications ensuring long term quality of the proposed fencing.

(b)

Fences shall not be located within the required front yard setbacks or located within ten (10) feet of the side property line on any street oriented side yard.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-285. - Building separation.

The building separation between primary structures shall be not less than twenty (20) feet.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-286. - Access.

(a)

Each townhouse shall have a minimum of forty (40) per cent of the living area and be accessible from ground level.

(b)

A front door must face the street or a common area.

(c)

No exterior stairwells shall be permitted on units abutting street oriented yards.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-287. - Storage space.

For each townhouse, there shall be a separate, enclosed, lockable storage space area reserved for the occupants of such townhouse. Such storage space may be located in the garage of the townhouse or elsewhere within the development, but may not be directly accessible from the townhouse. Such storage space shall be at least two hundred fifty (250) cubic feet in size and shall have minimum dimensions of four (4) feet by eight (8) feet.

(Ord. No. NS-2111, § 50, 4-1-91)

Sec. 41-288. - Landscaping.

All yards shall be landscaped. Each townhouse shall meet the following minimum landscaping standards:

(a)

Front yard:

(1)

One (1) 24-inch box canopy tree.

(2)

All trees shall be double-staked.

(3)

Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting.

(4)

Turf or acceptable dry climate ground cover:

a.

Turf shall be drought tolerant variety and planted as sod or hydroseed.

b.

Ground cover shall be well-rooted cuttings from flats and planted as appropriate spacing for that particular plant material.

(5)

Root barriers shall be required on all trees.

(b)

Side yard: Corner lots shall have one (1) 15-gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards.

(c)

Project perimeter walls:

(1)

Flowering vines shall be secured to a decorative masonry wall or wood fence material.

(2)

The vines shall be five-gallon size and be planted at 20-foot intervals. They shall be secured to the walls with eye hooks and wire.

(3)

Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines.

(d)

Irrigation system:

(1)

All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips.

(2)

The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings.

(3)

All irrigation systems shall be equipped with a controller capable of dual or multiple station programming.

(e)

Screening:

(1)

All meters shall be appropriately screened from public view with trellis work and vines, a hedge type shrub or be incorporated into the residential structure.

(2)

Any enclosed structure for utilities must not encroach into the required setback.

(f)

Maintenance: All plant material shall be maintained per section 41-609 of this Code.

(g)

[Compliance with article XVI:] Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-2111, § 50, 4-1-91; Ord. No. NS-2801, § 6, 12-23-09)

Sec. 41-289. - Reserved. DIVISION 7. - R4 (SUBURBAN APARTMENT)

Sec. 41-290. - Applicability of division.

R4 (suburban apartment) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.120; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

Sec. 41-291. - Purpose.

The R4 suburban apartment district is authorized to provide for garden apartment development, regulated so as to cover a minimum of ground area and provide a maximum of open space. This zone will provide most of the desirable residential characteristics found in single-family residence areas.

(Code 1952, § 9230.121; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

Sec. 41-292. - Uses permitted in the R4 district.

The following uses are permitted in the R4 district:

(a)

Bungalow courts.

(b)

Apartment houses.

(c)

One permanent resident manager's office devoted solely to the rental of the dwelling units on the same parcel provided said office and surrounding grounds retain a residential character.

(d)

Accessory buildings.

(Code 1952, § 9230.122; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61; Ord. No. NS-1230, § 5, 2-18-75; Ord. No. NS-1732, § 17, 6-25-84)

Sec. 41-292.5. - Uses subject to a conditional use permit in the R4 district.

The following uses may be permitted in the R4 district subject to the issuance of a conditional use permit:

(a)

Any use that may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41-232.5.

(b)

Residential care facilities (seven (7) or more occupants).

(Ord. No. NS-1732, § 18, 6-25-84; Ord. No. NS-3084, § 18, 9-16-25)

Sec. 41-293. - Reserved.

Editor's note— Section 41-293, relative to the submittal of development plans and the detail to be shown thereon, was repealed by Ord. No. NS-1700, § 3, adopted Nov. 21, 1983. Said section was derived from Code 1952, § 9230.123; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-537, § 1, adopted Sept. 18, 1961.

Sec. 41-294. - Development standards.

(a)

Any development in this district shall be surrounded by a solid redwood or cedar fence or solid masonry wall or combination thereof, the height of which shall be in accordance with the provisions set forth in section 41-610 of this chapter. However, nothing herein shall require the construction of the aforementioned fence along any property line abutting a street, alley, or at driveway entrances and exits.

(b)

All required yards shall be landscaped and maintained in accordance with the approved landscape plan.

(c)

Compliance with section 34-48 of the subdivision regulations, requiring alleys to the rear of all lots used or intended to be used for the construction of multiple-family residential structures of four (4) or more units, shall not be required in the event of the subdivision of properties zoned R4 provided said subdivision is developed within the terms and intent of the R4 district.

(d)

Prior to the submission of development plans with the planning department, the owner or owner's engineer shall confer with the department of public works concerning the necessity for a runoff study based on a storm of a ten (10) year frequency, if said study is considered necessary by the director of the department of public works; it shall be filed with said department and shall show existing and proposed facilities and methods of draining the site and tributary areas without exceeding the capacity of any street, onsite or offsite. The plans shall be approved or conditionally approved and the minimum required improvements installed by the owner to assure adequate and reasonable drainage of the area to the satisfaction of the department of public works, prior to the issuance of a utility release by the building department for the development.

(e)

If any parcel zoned R4 is to be developed in accordance with the provisions set forth for this district and, said parcel abuts a street not improved to city standard, the owner shall dedicate the necessary street easement to the city and improve said street so as to be in accordance with the design standards and specifications of this Code of Ordinances prior to the issuance of a utility release by the building department.

(f)

All trash collection and garbage collection areas shall be surrounded on at least three (3) sides by a five (5) foot block wall with adequate access to and from these areas for trash and garbage collection vehicles.

(g)

Due to the complexity of garden apartment development it is illogical and impractical to define herein an exact pattern for the arrangement of group dwellings for a parcel involving two (2) or more main dwellings;

however it is the intent of this district to provide a functional and non-monotonous orientation of buildings with a maximum of open space around each main building consisting of courts, parkways and patio areas all oriented so as to provide separation of vehicular traffic from play areas and recreational areas for children and adults. Further, in order to more clearly define the intent of this district there shall be on file in the office of the planning department illustrations entitled "Guides to Suburban Apartment Development." Said illustrations shall be approved by resolution by the planning commission and city council and shall show the desirable arrangement of buildings and open space, but are not designs which must be copied in order to secure approval of development plans as required by the provisions of the R4 district.

(h)

All off-street parking areas not under cover shall be screened from the view of surrounding residents or tenants of the project by shrubs and bushes the normal growth of which is not less than four (4) feet in height.

(i)

All points of vehicular access to and from off-street parking areas and driveways onto public rights-of-way shall be approved by the director of public works of the city. Wherever a private driveway enters onto said public right-of-way, a stop sign shall be erected and maintained at such exit point to insure reasonable traffic safety all in compliance with the standard sign sheet on file in the office of the department of public works of the city.

(j)

All driveways and off-street parking areas shall consist of two (2) inches of asphaltic concrete on four (4) inches of rock base or of materials and of a thickness approved by the director of public works which shall be of equivalent strength and life of said asphaltic concrete and rock base.

(k)

All interior streets and private drives shall be constructed to the standard set forth in this Code of Ordinances prior to the dedication of any such streets to the city. Streets not so constructed need not be accepted by the city.

(Code 1952, § 9230.124; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

Sec. 41-295. - Reserved.

Editor's note— Ord. No. NS-1700, § 3, enacted Nov. 21, 1983, repealed § 41-295, pertaining to approval of development plans by the planning director. Said section was derived from Code 1952, § 9230.125; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-537, § 1, adopted Sept. 18, 1961.

Sec. 41-296. - Height limit.

The height limit is:

(a)

None except as limited in subsection (b) hereinbelow.

(b)

When a lot in the R4 district is within one hundred and fifty (150) feet from property zoned A1, RE, or R1, on said R4 lot no main buildings shall exceed one (1) story and said one (1) story shall not exceed twenty (20) feet in height. Furthermore, when a lot in the R4 district is within three hundred (300) feet of property zoned A1, RE, or R1 on said R4 lot no main buildings shall exceed three (3) stories and said three (3) stories shall not exceed fifty (50) feet in height.

(Code 1952, § 9230.126; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61; Ord. No. NS-644, § 1, 4-1-63)

Sec. 41-297. - Side yard.

(a)

When any interior side property line of a lot in the R4 district abuts property in the A1, RE or R1 district, each dwelling shall have a required side yard along said side property line of not less than one (1) foot for each one (1) foot of building height of that particular dwelling.

(b)

When any interior side property line of a lot in the R4 district abuts property in the R4 district or any other district not set forth in subsection (a) of this section, there shall be a required side yard along that side property line of not less than four (4) feet regardless of the height of the dwelling on the lot.

(c)

When any interior side property line of a lot in the R4 district abuts a lot or lots having zone classifications of A1, RE, or R1 and any other district, subsection (a) of this section shall apply in the determination of the required side yard along that entire interior side property line.

(d)

On corner lots, the side yard on the street side shall be not less than ten (10) feet.

(Code 1952, § 9230.127; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

Sec. 41-298. - Rear yard.

(a)

When any lot zoned R4 has a rear property line abutting property in the A1, RE or R1 district, each dwelling shall have a required rear yard of not less than one (1) foot for each foot of building height of that particular dwelling.

(b)

When any lot zoned R4 has a rear property line abutting a lot in any other district not set forth in subsection (a) of this section, there shall be a required rear yard of not less than ten (10) feet.

(c)

When any lot in the R4 district has a rear property line common to a property line of a lot or lots having zone classifications of A1, RE or R1 and any other district, subsection (a) of this section shall apply in the determination of the required rear yard along that entire rear property line.

(Code 1952, § 9230.128; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

Sec. 41-299. - Minimum gross floor area.

The following uses shall be subject to the following minimum square feet of gross floor area per unit exclusive of garages, carports and unenclosed porches and patios:

(a)

Bachelor apartment: Four hundred fifty (450) square feet.

(b)

One-bedroom apartment: Six hundred fifty (650) square feet.

(c)

Two-bedroom apartment: Eight hundred (800) square feet.

Further, for each additional bedroom in excess of two (2) bedrooms in an apartment unit, there shall be an additional one hundred (100) square feet of gross floor area.

(Code 1952, § 9230.129; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

Sec. 41-300. - Minimum lot area per dwelling unit.

(a)

For any one (1) story, two (2) story, or three (3) story single-family dwelling, two-family dwelling, or multiplefamily dwelling: Not less than one thousand five hundred (1,500) square feet of lot area per dwelling unit constructed therein.

(b)

For any four (4) or more story single-family, two-family, or multiple-family dwelling: Not less than five hundred (500) square feet of lot area per dwelling unit constructed therein.

(c)

Where an apartment development consists of more than one main building and said buildings vary in height, then subsections (a) and (b) set forth hereinabove shall be applied respectively for each main building depending on the height of each main building.

(d)

For the purpose of this section only, if the topmost story of any dwelling unit proposed to be constructed in the R4 district is used for the housing of any mechanical equipment, such as air-conditioning facilities and elevator mechanisms, but is void of any dwelling unit, then said topmost story shall not be declared a story as defined in section 41-153.

(Code 1952, § 9230.130; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

Sec. 41-301. - Maximum lot coverage.

Not more than fifty (50) per cent of the total lot area shall be devoted to main and accessory building area, driveways, open or enclosed parking areas and covered patios. The remaining fifty (50) per cent of the total lot area shall be devoted to landscaping; lawn area: Noncommercial outdoor recreational facilities incidental to the residential development such as private swimming pools, putting greens and tennis courts; walkways; uncovered patio areas; fences and necessary fire-fighting equipment and installations as required in section 41-294, subsection (d) of this chapter; further, the open space required by this section shall be arranged and provided in such a manner that it is accessible and usable for the purpose intended herein. Said open space shall not be devoted to commercial agricultural pursuits or any other activity in conflict with the stated purpose of this section and district.

(Code 1952, § 9230.132; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61) Sec. 41-302. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter. However, of the off-street parking required by Article XV, at least one (1) parking space per unit shall be within a garage or carport. All additional parking stalls may be uncovered.

(Code 1952, § 9230.133; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61; Ord. No. NS-3044, § 14, 6-20-23)

Sec. 41-303. - Subdivision of property developed under the R4 district.

(a)

Upon completion of a development of property in the R-4 district no portion of the property involved in said development shall be severed or sold unless said severed parcel and the development thereon comply with all provisions set forth for the R4 district. Further, the remaining parcel and development thereon shall also comply with said R4 district provisions. Nothing herein shall prohibit the sale of any one-family dwelling, two-family dwelling, multiple-family dwelling or any dwelling unit within a two-family or multiple-family dwelling provided all common open areas, required yard areas, recreational areas and similar areas constituting the required fifty (50) per cent open areas as set forth in section 41-301 are retained in trust or otherwise for the benefit of all tenants and owners of any interest of any of the structures on the original area developed as a unit. Further, prior to the issuance of a building permit or approval of the development plans as set forth in section 41-295, deed restriction prohibiting the alienation of all land areas not devoted to buildings shall be recorded in the office of the county recorder of the County of Orange, California. Said restriction shall include a statement that said deed restrictions shall be irrevocable for a period of not less

than thirty (30) years. A copy of said deed restrictions shall be filed with the planning department prior to the issuance of a building permit to the owner of the original project.

(Code 1952, § 9230.134; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

Secs. 41-304—41-311. - Reserved. DIVISION 8. - P (PROFESSIONAL)

Sec. 41-312. - Applicability of division.

P (professional) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.140; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-313. - Uses permitted in P district.

The following uses are permitted in the P district:

(a)

Professional, business, and administrative offices where no merchandise is sold.

(b)

Banks, savings and loan offices, credit unions, and mortgage and finance companies.

(c)

Travel agencies.

(d)

Medical offices.

(e)

Art galleries, art and photography studios.

(f)

Museums and science centers.

(g)

Print and copy services.

(h)

Pharmacies, limited to the dispensing of goods and merchandise related to health care only, and excluding drive-through facilities.

(i)

Daycare centers.

(j)

Non-freestanding commercial and service uses which do not exceed ten (10) per cent of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding drive-through facilities, and commercial uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(k)

Freestanding restaurants, cafes, and eating establishments, excluding drive-through facilities and excluding any eating establishment specified in section 41-313.5.

(Code 1952, § 9230.141; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-635, § 5, 3-4-63; Ord. No. NS-1540, § 1, 9-2-80; Ord. No. NS-1732, § 19, 6-25-84; Ord. No. NS-1873, § 1, 12-1-86; Ord. No. NS-2035, § 1, 1120-89; Ord. No. NS-2176, § 2, 9-21-92; Ord. No. NS-2296, § 1, 10-7-96; Ord. No. NS-2446, § 12, 9-18-00; Ord. No. NS-3035, § 7, 12-20-22; Ord. No. NS-3038, § 15, 2-7-23)

Sec. 41-313.5. - Uses subject to a conditional use permit in the P district.

The following may be permitted in the P district, subject to the issuance of a conditional use permit:

a.

Convalescent hospitals, nursing homes, rest homes and extended care facilities.

b.

Hospitals.

c.

Trade and professional schools.

d.

Health clubs and gymnasiums.

e.

Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313.

f.

Ambulance and emergency medical response services.

g.

Non-freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area.

h.

Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

i.

Banquet facilities, subject to development and operational standards set forth in section 41-199.1.

j.

Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1.

k.

Adult day care facilities.

l.

Clubs, fraternities and lodges.

m.

Bail bond uses, subject to development and operation standards set forth in section 41-323.

n.

Churches and accessory church buildings.

o.

Parking lots and parking structures subject to compliance with the requirements of Section 41-324.

p.

Medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities.

(Ord. No. NS-1732, § 20, 6-25-84; Ord. No. NS-2035, § 2, 11-20-89; Ord. No. NS-2296, § 2, 10-7-96; Ord. No. NS-2445, § 4, 9-18-00; Ord. No. NS-2446, § 13, 9-18-00; Ord. No. NS-2473, § 4, 6-18-01; Ord. No. NS-2661, § 4, 9-20-04; Ord. No. NS-2938, § 3, 2-20-18; Ord. No. NS-2987, § 4, 4-21-20; Ord. No. NS3035, § 8, 12-20-22; Ord. No. NS-3038, § 16, 2-7-23)

Sec. 41-314. - Building height.

(a)

No structure shall exceed thirty-five (35) feet in height except as provided by section 41-602 for Height District II.

(b)

Notwithstanding the provisions of section 41-602(d), all structures shall not exceed three (3) stories or thirty-five (35) feet within one hundred forty (140) feet of property used or zoned for residential purposes.

(c)

Notwithstanding any other height provision of this chapter, all structures shall not exceed two (2) stories or twenty-five (25) feet in height within the rear fifty (50) per cent of a lot abutting on the rear property line of property zoned or used for residential purposes.

(Code 1952, § 9230.142; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-55 3, § 7, 12-4-61; Ord. No. NS2035, § 3, 11-20-89)

Sec. 41-315. - Building setbacks.

(a)

Front. All structures shall maintain a fifteen-foot setback from the front property line.

(b)

Side.

(1)

All structures shall maintain a fifteen-foot setback from side property lines abutting a street.

(2)

All structures shall also maintain a five-foot setback from interior side property lines.

(3)

All stories above and exclusive of the second story or twenty-five (25) feet in height shall maintain an additional setback of not less than two (2) feet for each foot above the second story if the lot is abutting property used or zoned for residential purposes.

(c)

Rear. All structures shall maintain a fifty-foot rear setback if the lot abutting on the rear property line is a parcel used or zoned for residential purposes. In all other cases, all structures shall maintain a ten-foot rear setback.

(Code 1952, § 9230.143; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-903, § 1, 12-4-67; Ord. No. NS-2035, § 4, 11-20-89)

Sec. 41-316. - Landscaped area.

(a)

Front. There shall be a landscaped front yard area of not less than fifteen (15) feet.

(b)

Side. There shall be a landscaped side yard area of not less than five (5) feet. On corner lots, the landscaped side yard shall not be less than fifteen (15) feet.

(c)

Rear. There shall be a landscaped rear yard area of not less than ten (10) feet if the lot abutting on the rear property line is a parcel used or zoned for residential purposes. There shall be a landscaped rear yard of not less than five (5) feet in all other cases.

(d)

Vehicular parking may not be located within any required landscaped area.

(e)

Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council.

(f)

Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development.

(g)

Procedures for the approval and amendment of landscaping plans shall be established by the planning division.

(h)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(i)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Code 1952, § 9230.144; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1226, § 7, 10-7-74; Ord. No. NS2035, § 5, 11-20-89; Ord. No. NS-2801, § 7, 12-23-09)

Sec. 41-317. - Landscaping, building perimeter.

A landscaped area shall be provided around and abutting each building. The area of landscaping shall be equal to or greater than three (3) times the perimeter dimensions of the building but in no case shall be less than five (5) feet in width. The side yard landscaping abutting the building may be considered as part of this landscape requirement.

(Code 1952, § 9230.145; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2035, § 6, 11-20-89)

Sec. 41-318. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.146; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3044, § 15, 6-20-23)

Sec. 41-319. - Parking lot landscaping.

Interior parking lot landscaping shall be provided at a rate of one (1) planter for each ten (10) parking spaces. Landscape planter areas shall be provided with plant material per the commercial area landscape standards. The minimum dimension of each landscape planter shall be eight and one half (8.5) feet in width by eighteen (18) feet in length.

(Ord. No. NS-2035, § 7, 11-20-89)

Sec. 41-320. - Parking structure landscaping.

One (1) square foot of landscaping and decorative pedestrian landscape in a plaza or around the perimeter of the parking structure shall be provided for every fifty (50) square feet of parking structure footprint area.

(Ord. No. NS-2035, § 8, 11-20-89)

Sec. 41-321. - Residential conversions.

Required setbacks and yards shall be reduced as necessary to allow existing one-and two-story residential buildings to be converted to a use permitted by this division. All other provisions of this division must be met by such conversions.

(Ord. No. NS-2035, § 9, 11-20-89)

Sec. 41-322. - Wall requirements.

A six-foot high minimum solid decorative masonry wall designed in the same manner as the proposed building shall be provided along the side and rear property lines. Notwithstanding, said wall shall not exceed forty-two (42) inches in height within twenty (20) feet of the property line abutting a street. If the site is abutting a nonresidential use, the wall height requirement may be reduced by the planning director.

(Ord. No. 2035, § 10, 11-20-89)

Sec. 41-323. - Standards for bail bond uses in the P district.

In addition to the provisions of this chapter, the following minimum development and operational standards apply to bail bond uses:

(a)

Bail bond uses shall only be conducted within a P zone that is located within two thousand (2,000) feet of a jail facility.

(b)

Bail bond uses shall not be located within one hundred fifty (150) feet from a R1, R2 or R3 zoned property.

(c)

Off-street parking shall be provided in the manner prescribed in article IV of this chapter for service uses.

(Ord. No. NS-2661, § 5, 9-20-04)

Sec. 41-324. - Parking lot and parking structure standards.

In addition to the provisions of this chapter, the following minimum development and operational standards apply to parking lot and parking structure uses:

(a)

Shall only be permitted on sites of no less than two (2) acres.

(b)

Shall not be permitted on sites that abut properties zoned or used for single-family residential.

(c)

Shall be designed to comply with the citywide design guidelines established by resolution of the city council.

(Ord. No. NS-2987, § 5, 4-21-20)

Sec. 41-325. - Reserved. DIVISION 9. - RESERVED[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. NS-2035, § 11, adopted Nov. 20, 1989, repealed §§ 41-326—41-332 of this division, which pertained to the limited professional district. Section 12 of Ord. No. NS-2035 provided that "Any property located in the LP (Limited Professional) District shall be subject to the regulations of the P (Professional) District, as amended by this ordinance, and as they may from time to time hereafter be

amended, until the district designation of such property is changed." Former Div. 9 derived from §§ 9230.150—9230.156 of the city's 1952 Code, as amended by the following: Ord. No. NS-455, § 1, adopted June 20, 1960; Ord. No. NS-771, § 1, adopted Jan. 4, 1965; Ord. No. NS-995, § 1, adopted Dec. 15, 1969; Ord. No. NS-1226, § 8, adopted Oct. 7, 1974; Ord. No. 1540, § 2, adopted Sept. 2, 1980; and Ord. No. 1732, §§ 21, 22, adopted June 25, 1984.

Secs. 41-326—41-340. - Reserved. DIVISION 10. - GC (GOVERNMENT CENTER)[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. NS-2058, § 1, adopted May 7, 1990, amended the title of this division, formerly entitled CD (Civic Development), to read as set out. Section 8 of said ordinance provided as follows:

Section 8. Any parcel which is included in the CD (Civic Development) use district after the effective date of this ordinance shall remain subject to the CD (Civic Development) use district regulations as they existed immediately prior to the adoption of this ordinance until the effective date of an ordinance which reclassifies such parcel into another use district.

Sec. 41-341. - Applicability of division.

GC (government center) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.160; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2058, § 2, 5-7-90)

Sec. 41-342. - Purpose.

The purpose of the government center district is to provide for orderly governmental development, free of inconsistent uses.

(Code 1952, § 9230.161; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2058, § 3, 5-7-90)

Sec. 41-343. - Uses permitted in the GC district.

The following uses are permitted in the GC district: government buildings, public utility facilities, floodcontrol structures, and uses accessory thereto.

(Code 1952, § 9230.162; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-667, § 1, 7-1-63; Ord. No. NS-707, § 1, 12-16-63; Ord. No. NS-1540, § 3, 9-2-80; Ord. No. NS-1732, § 23, 6-25-84; Ord. No. NS-2058, § 4, 5-790)

Sec. 41-344. - Reserved.

Editor's note— Ord. No. NS-1700, § 3, enacted Nov. 21, 1983, repealed § 41-344, relative to the submission of development plans and the architectural review thereof, derived from Code 1952, § 9230.163, and Ord. No. NS-455, § 1, adopted June 20, 1960.

Sec. 41-345. - Reserved.

Editor's note— Ord. No. NS-2058, § 5, adopted May 7, 1990, repealed former § 41-345, which pertained to yards, building height, off-street parking in the C3 district and derived from § 9230.164 of the city's 1952 Code as amended by Ord. No. NS-455, § 1, adopted June 20, 1960.

Sec. 41-346. - Reserved.

Editor's note— Ord. No. NS-1721, § 5, enacted April 2, 1984, repealed § 41-346, relative to sign regulations in CD districts. Said section was derived from Code 1952, § 9230.165, and Ord. No. NS-455, § 1, adopted June 20, 1960.

Secs. 41-347—41-351. - Reserved.

DIVISION 11. - PD (PLANNED DEVELOPMENT)

Sec. 41-352. - Applicability of division.

PD (planned development) suffixes are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.170; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-745, § 1, 8-3-64)

Sec. 41-353. - Description and purposes.

The R1 (single-family residence) district way be modified at the time the zoning is first established or by amendment by adding to the district designation PD, which shall make no alteration to the uses permitted under the regular district classification except as listed in section 41-354. Said designation is intended to provide for residential developments on large sites characterized by a physical environment commensurate with such contemporary site planning principles as:

(1)

Building integrated around open and recreational areas which are reserved for pedestrian use and serve as unifying elements.

(2)

The separation of vehicular and pedestrian traffic.

(3)

The placement of buildings in such a way as to create a variety of open areas or subareas, thereby eliminating corridor or barrackslike arrangements of buildings.

(4)

Recreational-leisure space sufficient to accommodate the needs of all the occupants.

(5)

The location and design of all buildings, structures, and open spaces in such a manner as to create a balanced and harmonious composition as a whole and in the relations of its several parts and features to each other.

(6)

The development of land in an efficient and orderly manner consistent with the established quality of the community.

Further, said PD suffix is intended to allow innovations in subdivision design intended to foster greater land utilization while increasing the desirability of each project developed under the PD suffix.

(Code 1952, § 9230.171; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-745, § 1, 8-3-64)

Sec. 41-354. - Accessory uses.

The following accessory uses are permitted only where they are integrated with and clearly incidental to a primary permitted use and where the sole purpose is to provide convenience to residents of the development rather than the general public:

(1)

Swimming pools.

(2)

Recreational buildings, structures, and areas.

(3)

Private parks.

(4)

Other normal accessory uses constituting an integral part of said planned development.

(Code 1952, § 9230.172; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-745, § 1, 8-3-64)

Sec. 41-355. - Conditional use permit required.

Any development of property within a PD modified district classification shall necessitate the filing of a conditional use permit. Said conditional use permit shall be approved, conditionally approved, or denied. No building permit shall be issued unless said conditional use permit is approved or conditionally approved. All development shall be in compliance with all conditions of approval prior to the issuance of a utility release by the building department.

(Code 1952, § 9230.173; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-745, § 1, 8-3-64)

Sec. 41-356. - Minimum land area per dwelling unit.

There shall be not less than six thousand (6,000) square feet of land area per dwelling unit within a planned development, exclusive of primary streets shown on the streets and highways clement of the general plan of community development or amendment thereto.

(Code 1952, § 9230.174; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-745, § 1, 8-3-64)

Sec. 41-357. - Site development standards.

Unless otherwise indicated in the conditions of approval of the approved conditional use permit for a planned development as set forth in section 41-355, the following standards shall be complied with. Said standards are necessary in order to assure adequate levels of light, air, and density of development, to maintain and enhance the locally recognized values of community appearance, to promote functional compatibility of uses, and to promote the safe and efficient circulation and separation of pedestrian and vehicular traffic. These standards are found to be inherent characteristics of planned developments and further found to be necessary for the preservation of the community health, safety, and general welfare:

(a)

Site area and dimension. The development site area shall be not less than three (3) acres and of such shape as to provide for interior vehicular circulation, central recreational-leisure area, efficient and orderly nonmonotonous arrangement of buildings to achieve the living environment intended by this section.

(b)

Buildings and structural height limitations. None, except as set forth in the R1 district regulations.

(c)

Recreational-leisure areas. The following provisions are made for recreational and leisure facilities. These standards are found to be the minimum necessary to afford residences of such developments a desirable living environment consistent with the established quality of residential areas throughout the community:

(1)

Each planned development shall reserve and maintain a unified, usable open area or areas, exclusive of private patios, balconies and areas used primarily for pedestrian accessways, driveways, parking areas, garages and carports, equal to at least twelve hundred (1,200) square feet per each proposed dwelling unit. The purpose of such area is to provide for the recreational and leisure time activities of the residences. Said area or areas may include swimming pools, putting greens, court games and any other recreational-leisure facilities necessary to meet the requirements of the residences and their guests.

(2)

Each dwelling unit shall have an enclosed patio at least six hundred (600) square feet in area, of which the least dimension shall be fifteen (15) feet.

(3)

Recreational-leisure space shall be conveniently located and readily accessible to the users of such areas.

(d)

Minimum floor area of dwelling units. There shall be not less than one thousand (1,000) square feet of floor area per dwelling unit, excluding garages and patios.

(e)

Building setback requirements. The following building setbacks shall be provided in planned developments:

(1)

Wherever a site abuts a primary street there shall be provided a landscaped building setback area of twenty (20) feet. Staggered building setbacks may be provided. However, in no case shall the building setback be less than fifteen (15) feet and provided that for every foot of building frontage less than twenty (20) feet from

the property line there shall be provided an equal amount of building frontage correspondingly greater than twenty (20) feet from the property line.

(2)

Along all site boundary lines not abutting a major, primary or secondary highway or local street or private vehicular accessway, there shall be a landscaped setback area of not less than ten (10) feet.

(3)

No buildings, structures, or vehicular parking shall be permitted within a required landscaped building setback area.

(4)

All required setback areas, with the exception of access drives and walks, shall be landscaped with lawn, trees, shrubs, or other plant materials and shall be permanently maintained in a neat and orderly manner as a condition to use. Fountains, ponds, sculpture, planters, and decorative screen-type walls, thirty (30) inches or less in height, where an integral part of a landscaping scheme comprised primarily of plant materials, are permitted.

(f)

Vehicular access. The design and location of vehicular accessways shall be subject to the following provisions:

(1)

All planned developments shall be served by public dedicated rights-of-way sufficient to provide adequate access, egress and circulation of pedestrian and vehicular traffic in conformance with city standards.

(2)

Private vehicular accessways may be permitted for planned developments on sites less than four (4) acres in size as of record on September 3, 1964, and where it is found that said accessways provide safe and

convenient vehicular and pedestrian traffic consistent with city standards. Where private vehicular accessways are permitted they shall conform to the following minimum standards:

(i)

The minimum private vehicular accessway that shall be provided for any planned development shall be thirty (30) feet wide.

(ii)

Private vehicular accessways with planned parallel parking on both sides shall be a minimum of thirty-six (36) feet wide.

(iii)

Curbs, gutters and parkways shall be provided along both sides of the above private vehicular accessways.

(3)

All vehicular accessways shall be so located as to provide for the separation of vehicular and pedestrian traffic.

(4)

Appropriate street trees shall be provided along all parkways subject to the approval of the superintendent of parks.

(g)

Off-street parking requirements. The following parking requirements shall be met for all planned developments:

(1)

A minimum of two (2) covered spaces per single-family dwelling unit. The location of parking facilities shall be properly integrated with the dwelling units to be served and shall provide the occupants easy and convenient access to such spaces. Said facilities shall be properly screened from adjacent properties and from adjacent living and recreational-leisure areas.

(2)

A minimum of one-half (½) guest parking space per single-family dwelling unit, conveniently located.

(h)

Walls. In recognition of the unique and self-containing characteristics of planned development all such developments shall be enclosed by a solid masonry wall, redwood or cedar fence or combinations thereof, not less than six (6) feet in height, erected along and immediately adjacent to the property line abutting adjacent properties, except where a holding strip is permitted for the purpose of providing for the logical development of adjacent properties.

(i)

Standard refuse storage areas. Each trash and refuse storage area shall be screened from view of the residents of the property and neighboring properties by a solid masonry wall at least six (6) feet in height and shall be maintained for health and sanitation purposes.

(j)

Street dedications and improvements required. Anticipating that changes will occur in the local neighborhoods and the city generally due to the increase in vehicular traffic, increase in pedestrian traffic, increased noise, and other activities associated with the city's development and growth, the following dedications and improvements are deemed to be necessary to prevent congestion and other hazards related to the intensified use of the land and necessary for the preservation of the public health, safety, and general welfare. These requirements shall be met or complied with before any building shall be finally approved and accepted for use and occupancy:

(1)

All required public streets and alleys, both local and primary, which abut the subject property shall be dedicated to the city.

(2)

All street, highway, and alley improvements shall be installed and in good repair, or street improvement plans shall be required to be prepared to city standards and said improvements constructed. A faithful performance bond in a form approved by the city attorney and in an amount to be determined by the city engineer may be posted to guarantee the construction of the streets, which may include but not necessarily be limited to excavation, curbs, pavement, gutters, sidewalks, drainage facilities, or any other engineering requirements.

(3)

Necessary fire protection facilities shall be provided for in accordance with the requirements of the fire chief of the city.

(4)

The director of building safety and housing shall not grant final release of occupancy to any structure constructed upon any property covered by this ordinance until the city engineer has certified to the compliance of the conditions set forth in (1) and (2) above; and the fire chief has certified to the compliance of the conditions set forth in (3) above.

(Code 1952, § 9230.175; Ord. No. NS-455, § 1, 6-20-60 ; Ord. No. NS-745, § 1, 8-3-64)

Sec. 41-358. - Procedure.

(a)

The applicant for approval of a planned development shall be the owner, all of the owners of the site acting jointly, or an authorized agent.

(b)

Each prospective applicant is encouraged to confer with the planning department in connection with the preparation of a plan for a planned development prior to the submission of the conditional use permit application to the planning commission. The chief purpose of such a preapplication conference is to benefit the prospective applicant by providing information and clarification of requirements before such prospective applicant incurs any substantial expense in the preparation of plans.

(c)

(1)

Planned development proposed for division for sale into two (2) or more separately owned parcels shall require the filing of a subdivision map in accordance with the subdivision regulations (chapter 34 of this Code).

(2)

When a planned development is divided for sale or lease through the subdivision of said development, the minimum lot area, lot frontage and/or lot depth for subdivision purpose may be less than that required in the subdivision regulations. Such exceptions to the district regulations may be permitted where:

(i)

The individual units or groups of units and their patios are described as an individual lot in such a subdivision.

(ii)

All remaining areas are in common ownership, held in trust, or otherwise for the benefit of those persons residing in the planned development.

(3)

Prior to filing of a final subdivision map the following provisions shall be complied with:

(i)

Adequate and permanent ingress and access easement from a street to each dwelling unit shall be provided. The conveyance of such easements shall be approved as to form and content by the city attorney.

(ii)

Each recorded lot on which a residential unit can be placed shall have not less than thirty (30) feet of frontage on a common open space lot or parcel.

(iii)

Those lots or parcels which are to be utilized for common purposes shall be designated as "not a buildable lot or parcel" and shall be continuously and permanently maintained for the exclusive use and benefit of the occupants in the subdivisions. The manner in which this is to be accomplished shall be a part of the map and submitted in writing and be subject to approval by the city attorney.

(iv)

Those lots apparently designed for garage or parking space requirements for each buildable lot shall be designated with the same numeral as the building lot, with the addition of a letter. Such parking facilities shall be continuously maintained and reserved for parking. The manner in which this is to be accomplished shall be a part of the map, and submitted in writing and be subject to approval by the city attorney.

(Code 1952, §§ 9230, 9230.176; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-745, § 1, 8-3-64)

Secs. 41-359—41-363. - Reserved. DIVISION 12. - C1 (COMMUNITY COMMERCIAL)

Sec. 41-364. - Applicability of division.

C1 (community commercial) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.180; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-365. - Uses permitted in the C1 district.

The following uses are permitted in the C1 district:

(a)

Retail and service uses.

(b)

Professional, business, and administrative offices.

(c)

Automobile parking lots and parking structures.

(d)

Automobile sales, but excluding truck, trailer, tractor and boat sales.

(e)

Churches and accessory church buildings.

(f)

Mortuaries.

(g)

Theaters.

(h)

Hospitals, clinics, and sanitariums.

(i)

Animal hospitals and veterinaries.

(j)

Plant nurseries.

(k)

Gymnasiums.

(l)

Golf courses, both regulation and miniature, and driving ranges.

(m)

Public utility structures, including electric distribution and transmission substations.

(n)

Restaurants, cafes, and eating establishments, other than those specified in Section 41-365.5.

(o)

Schools and studios operated for commercial or public purposes.

(p)

Daycare centers.

(q)

Service stations.

(r)

Automobile servicing.

(s)

Tattoo and/or body art establishments, subject to the development and operational standards set forth in Section 41-199.3.

(t)

Medical offices.

(Code 1952, § 9230.181; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-521, §§ 3, 4, 6-19-61; Ord. No. NS635, § 6, 3-4-63; Ord. No. NS-1035, § 1, 9-8-70; Ord. No. NS-1036, § 2, 9-8-70; Ord. No. NS-1123, § 1, 7- 17-72; Ord. No. NS-1507, § 1, 11-19-79; Ord. No. NS-1532, § 6, 6-16-80; Ord. No. NS-1540, § 4, 9-2-80; Ord. No. NS-1732, § 24, 6-25-84; Ord. No. NS-1937, § 1, 11-16-87; Ord. No. NS-2118, § 3, 3-18-91; Ord. No. NS-2446, § 14, 9-18-00; Ord. No. NS-2487, § 5, 2-4-02; Ord. No. NS-2513, § 7, 9-3-02; Ord. No. NS2931, § 7, 11-21-17; Ord. No. NS-2977, § 4, 10-15-19; Ord. No. NS-3035, § 9, 12-20-22; Ord. No. NS3038, § 17, 2-7-23)

Sec. 41-365.5. - Uses subject to a conditional use permit in the C1 district.

The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit:

(a)

Clubs.

(b)

Outdoor and indoor recreational or entertainment uses other than those set forth in Section 41-365.

(c)

Hotels, motels, fraternity houses, residential care facilities (seven (7) or more occupants), and sorority houses.

(d)

Thrift shops, purchase and loan, pawn shops.

(e)

Eating establishments with drive-through window service.

(f)

Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

(g)

Laundromats, subject to the development and performance standards set forth in Section 41-199.

(h)

Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(i)

Check cashing facilities, as defined by Section 41-42.7.

(j)

Banquet facilities, subject to development and operational standards set forth in Section 41-199.1.

(k)

Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1.

(l)

Adult day care facilities.

(m)

Superstores.

(n)

Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in Section 41-199.3.

(o)

Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter.

(Ord. No. 1732, § 25, 6-25-84; Ord. No. NS-1861, § 2, 8-4-86; Ord. No. NS-1937, § 2, 11-6-87; Ord. No. NS-2213, § 1, 1-18-94; Ord. No. NS-2245, § 2, 3-6-95; Ord. No. NS-2276, § 1, 12-18-95; Ord. No. NS2346, § 2, 3-16-98; Ord. No. NS-2412, § 3, 12-6-99; Ord. No. NS-2445, § 5, 9-18-00; Ord. No. 2446, § 15, 9-18-00; Ord. No. NS-2734, § 3, 2-5-07; Ord. No. NS-2931, § 8, 11-21-17; Ord. No. NS-3038, § 18, 2-7-23; Ord. No. NS-3084, § 19, 9-16-25)

(a)

All business activities in the C1 district shall be conducted and located within an enclosed building, except as otherwise provided in section 41-195, and except that the following business activities, to the extent permitted under section 41-365 and section 41-365.5, may be conducted outside of an enclosed building:

(1)

Plant nurseries.

(2)

Automobile sales and parking lots.

(3)

Recreational or entertainment uses.

(4)

Youth amusement rides.

(b)

Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business.

(c)

Public utility electric distribution and transmission substations shall be screened by a fence at least six (6) feet high, except as restricted by sections 36-45, 36-46, and 36-47 of this Code.

(d)

No sales shall be made directly from a building to persons on a public sidewalk, either through a window or similar opening or by means of any coin-operated device.

(e)

Service stations and automobile servicing: No automobile servicing within three hundred (300) feet of property used or zoned for residential purposes shall be conducted before 6:00 a.m. or after 10:00 p.m. on any day of the week.

(f)

Youth amusement rides shall comply with the following standards, deviation from which requires written approval by the planning manager:

(1)

No youth amusement ride shall be located on a required walkway or landscape area.

(2)

No youth amusement ride shall be located in a foyer leading to a store entry unless a minimum of six (6) feet of clearance remains.

(3)

No advertising is allowed on any youth amusement ride.

(4)

All youth amusement rides shall be maintained in a clean, attractive and sanitary condition.

(5)

No youth amusement ride shall be designed or located such as to create a safety hazard or interfere with reasonable pedestrian passage to adjacent businesses.

(6)

No more than two (2) youth amusement rides are allowed per street frontage or primary store entrance.

(7)

No more than three (3) youth amusement rides are allowed per building.

(8)

Any graffiti on a youth amusement ride shall be removed within twenty-four (24) hours.

(9)

Youth amusement rides shall be maintained in an operable condition at all times. Inoperable youth amusement rides shall be repaired or removed from the premises within forty-eight (48) hours.

(Code 1952, § 9320.182; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1708, § 3, 12-19-83; Ord. No. NS1732, § 26, 6-25-84; Ord. No. NS-2118, § 4, 3-18-91; Ord. No. NS-2487, § 6, 2-4-02)

Sec. 41-367. - Building height.

No structure shall exceed thirty-five (35) feet in height.

(Code 1952, § 9230.183; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 8, 12-4-61)

Sec. 41-368. - Front yard requirements in C1 district.

There shall be a front yard of not less than fifteen (15) feet.

(Code 1952, § 9230.184; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 2, 1-7-85; Ord. No. NS-1860, § 1, 9-15-86)

Sec. 41-369. - Side yard and building setback requirements in the C1 district.

There are no side yard requirements, except that on corner lots the side yard adjacent to a street shall have a side yard of not less than fifteen (15) feet. However, no part of a building above the first fifteen (15) feet in height may be located within twenty (20) feet of the vertical plane of a side lot line if the lot is contiguous to residentially zoned or used property on such side.

(Code 1952, § 9230.185; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 3, 1-7-85; Ord. No. NS-1860, § 2, 9-15-86)

Sec. 41-370. - Rear yard and building setback requirements in the C1 district.

There is no rear yard requirement. However, no part of a building above the first fifteen (15) feet in height may be located within twenty (20) feet of the vertical plane of a rear lot line if the lot is contiguous to residentially zoned or used property on the rear.

(Code 1952, § 9230.186; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 4, 1-7-85)

Sec. 41-371. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.187; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3044, § 11, 6-20-23)

Sec. 41-372. - Landscaping requirements in the C1 district.

(a)

A landscaped area not less than fifteen (15) feet wide shall be maintained along any property line to the extent it abuts a street, except at approved driveways.

(b)

A landscaped area not less than five (5) feet wide shall be maintained along any property line to the extent it serves to separate property zoned or used for residential purposes from any off-street parking area.

(c)

Vehicular parking may not be located within any required landscaped area.

(d)

Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council.

(e)

Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development.

(f)

Procedures for the approval and amendment of landscaping plans shall be established by the planning division.

(g)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(h)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-1860, § 3, 9-15-86; Ord. No. NS-2801, § 8, 12-23-09)

Sec. 41-373. - Lot size and lot frontage requirements in the C1 district.

Each lot which is used for retail or service purposes in the C1 district shall have at least fifteen thousand (15,000) square feet of area and one hundred twenty (120) feet of street frontage.

(Ord. No. NS-1860, § 4, 9-15-86)

Sec. 41-374. - Standards for service stations and automobile servicing in the C1 district.

In addition to the provisions of this chapter, the following minimum standards apply to service stations and automobile servicing:

(1)

Driveways:

(a)

Sites with only one (1) street frontage shall have no more than two (2) driveways.

(b)

Sites with frontage on more than one (1) street are subject to the following requirements: For lots under forty thousand (40,000) square feet:

1.

There shall be no more than two (2) driveways on one (1) of the abutting streets.

2.

There shall be no more than one (1) driveway on all other abutting streets, except as otherwise approved by the zoning administrator based on a traffic analysis study.

(c)

Driveways shall not exceed thirty-five (35) feet in width when more than one (1) exists on a street frontage.

(d)

Traffic analysis studies supporting additional driveways shall consider on-site and off-site traffic circulation as well as intersection capacity, traffic counts and other pertinent data.

(2)

Landscaping: Landscaping shall be installed in accordance with the standards applicable to commercial development generally, subject to the following:

(a)

A five-foot landscaped yard shall be provided along the side and rear lot lines where such area is not occupied by a building or appurtenant structure.

(b)

On sites less than forty thousand (40,000) square feet in lot size, a reduction in landscaping may be granted by the zoning administrator as necessary for public safety or traffic circulation reasons.

(Ord. No. NS-2118, § 5, 3-18-91)

Sec. 41-374.5. - Additional standards for check cashing facilities in the C1 district.

In addition to the provisions of this chapter, the following minimum standard applies to check cashing facilities:

(1)

Spacing.

a.

It shall be unlawful to hereafter establish any check cashing facility, as defined by section 41-42.7 of this Code, within one thousand (1,000) feet of another check cashing facility, measured from property line to property line.

(Ord. No. NS-2412, § 4, 12-6-99)

DIVISION 12.5. - C1-MD (COMMUNITY COMMERCIAL-MUSEUM DISTRICT)

Sec. 41-375. - Applicability of division.

The C1-MD (Community Commercial-Museum) district is specifically subject to the regulations contained in this division. Such district is also subject to all regulations in this chapter which apply to property located in the C1 (Community Commercial) district, except that sections 41-365 and 41-365.5 shall not apply to the C1-MD district.

(Ord. No. NS-2299, § 1, 9-3-96)

Sec. 41-375.1. - Uses permitted in the C1-MD district.

The following uses are permitted in the C1-MD district:

(a)

Retail and service uses, other than those specified in section 41-375.2.

(b)

Professional, business, and administrative offices where no merchandise is sold.

(c)

Medical offices.

(d)

Theaters and cinemas.

(e)

Gymnasiums and health clubs.

(f)

Travel agencies, with no embarking or disembarking of passengers.

(g)

Art galleries and art and photography studios.

(h)

Museums and science centers.

(i)

Restaurants, cafes, and eating establishments other than those specified in section 41-375.2, excluding eating establishments with drive-thru window service.

(j)

Daycare centers.

(Ord. No. NS-2299, § 1, 9-3-96; Ord. No. NS-2446, § 16, 9-18-00; Ord. No. NS-3035, § 10, 12-20-22; Ord. No. NS-3038, § 19, 2-7-23)

Sec. 41-375.2. - Uses subject to a conditional permit in the C1-MD district.

The following uses may be permitted in the C1-MD district subject to the issuance of a conditional use permit:

(a)

Clubs.

(b)

Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-375.1.

(c)

Hotels.

(d)

Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

(e)

Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(f)

Banquet facilities, subject to development and operational standards set forth in section 41-199.1.

(g)

Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1.

(h)

Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter.

(Ord. No. NS-2299, § 1, 9-3-96; Ord. No. NS-2445, § 6, 9-18-00; Ord. No. NS-3038, § 20, 2-7-23)

DIVISION 13. - C2 (GENERAL COMMERCIAL)

Sec. 41-376. - Applicability of division.

C2 (general commercial) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.200; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-377. - Uses permitted in the C2 district.

The following uses are permitted in the C2 district.

(a)

All uses which are permitted in the C1 district pursuant to Section 41-365.

(b)

Automotive garages including body and fender repair, painting, and engine replacement.

(c)

Blueprinting, photo-engraving, including all types of reproduction processes.

(d)

Reserved.

(e)

Equipment rental yards.

(f)

Metal shops.

(g)

Tire recapping.

(h)

Wholesale establishments as follows:

(1)

Automotive equipment, including parts and supplies for machinery.

(2)

Drugs, chemicals and allied products excluding explosives and industrial chemicals.

(3)

Dry goods and apparel.

(4)

Food products.

(5)

Farm products.

(6)

Electrical and plumbing supplies.

(7)

Office equipment and supplies.

(i)

Truck, trailer, tractor and boat sales.

(j)

Research institutions and laboratories.

(k)

Adult entertainment businesses subject to compliance with the requirements of article XVII of this Chapter.

(Code 1952, § 9230.201; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-521, §§ 5, 6, 7, 6-19-61; Ord. No. NS-1035, § 2, 9-8-70; Ord. No. NS-1123, § 2, 7-17-72; Ord. No. NS-1225, § 2, 10-7-74; Ord. No. NS-1397, § 2, 1-3-78; Ord. No. NS-1438, § 1, 8-21-78; Ord. No. NS-1507, § 2, 11-19-79; Ord. No. NS-1732, § 27, 6- 25-84; Ord. No. NS-2373, § 4, 12-7-98; Ord. No. NS-2513, § 8, 9-3-02; Ord. No. NS-2494, § 7, 4-15-02; Ord. No. NS-2812, § 3, 12-20-10; Ord. No. NS-2977, § 5, 10-15-19)

Sec. 41-377.5. - Uses subject to a conditional use permit in the C2 district.

The following uses may be permitted in the C2 district subject to the issuance of a conditional use permit:

(a)

Any use which may be permitted subject to the issuance of a conditional use permit in the C1 district pursuant to section 41-365.5.

(b)

Open-air car washes.

(c)

Trailer parks and camps.

(d)

Thrift shops, food distribution centers, and counseling service establishments operated by nonprofit or government-subsidized organizations or by public agencies.

(e)

Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.

(f)

Superstores.

(g)

Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter.

(Ord. No. NS-1732, § 28, 6-25-84; Ord. No. NS-1939, § 4, 1-4-88; Ord. No. NS-2114, § 1, 3-4-91; Ord. No. NS-2734, § 4, 2-5-07; Ord. No. NS-3038, § 21, 2-7-23)

Sec. 41-378. - Operational standards in the C2 district.

(a)

All business activities in the C2 district shall be conducted and located within an enclosed building, except as otherwise provided in section 41-195, and except that the following business activities, to the extent permitted under section 41-377 and section 41-377.5, may be conducted outside of an enclosed building:

(1)

Plant nurseries.

(2)

Automobile sales and parking lots.

(3)

Recreational or entertainment uses.

(4)

Equipment rental yards.

(5)

Truck, trailer, tractor and boat sales.

(6)

Open-air car washes.

(7)

Trailer parks and camps.

(b)

No sales shall be made directly from a building to persons on a public sidewalk, either through a window or similar opening or by means of a coin-operated device.

(c)

Service stations, automobile servicing, and automobile repair are subject to the following requirements:

(1)

No outdoor overnight vehicle storage is permitted except as permitted by section 41-613.2.

(2)

No auto repair or auto body activity within three hundred (300) feet of property zoned or used for residential purposes shall be conducted before 7:00 a.m. or after 9:00 p.m. on any day of the week.

(Code 1952, § 9230.202; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1708, § 4, 12-19-83; Ord. No. NS1732, § 29, 6-25-84; Ord. No. NS-2114, § 2, 3-4-91; Ord. No. NS-2118, § 6, 3-18-91; Ord. No. NS-2812, § 4, 12-20-10)

Sec. 41-379. - Building height.

No structure shall exceed thirty-five (35) feet in height.

(Code 1952, § 9230.203; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 9, 12-4-61)

Sec. 41-380. - Front yard requirements in the C2 district.

Front yard requirements are the same as prescribed for the C1 district by section 41-368.

(Code 1952, § 9230.204; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 5, 1-7-85)

Sec. 41-381. - Side yard and building setback requirements in the C2 district.

Side yard and building setback requirements are the same as prescribed for the C1 district by section 41369.

(Code 1952, § 9230.205; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 6, 1-7-85)

Sec. 41-382. - Rear yard and building setback requirements in the C2 district.

Rear yard and building setback requirements are the same as prescribed for the C1 district by section 41370.

(Code 1952, § 9230.206; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 7, 1-7-85)

Sec. 41-383. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.207; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3044, § 16, 6-20-23)

Sec. 41-384. - Landscaping, lot size, and lot frontage requirements in the C2 district.

Landscaping, lot size, and lot frontage requirements in the C2 district are the same as prescribed for the C1 district by sections 41-372 and 41-373.

(Ord. No. NS-1860, § 5, 9-15-86)

Sec. 41-385. - Standards for automobile repair in the C2 district.

In addition to the commercial development standards, automobile repair uses are subject to the following:

(1)

A ten-foot minimum width planter shall be provided along the side or rear property line which abuts property zoned or used for residential purposes, except when such area is occupied by a building.

(2)

Driveways on corner lots shall not be located closer than five (5) feet from the corner radius.

(Ord. No. NS-2118, § 7, 3-18-91)

Sec. 41-386. - Service stations and automobile servicing in the C2 district.

In addition to the provisions of this chapter for commercial uses, service stations and automobile servicing are subject to the requirements of section 41-374.

(Ord. No. NS-2118, § 8, 3-18-91)

Sec. 41-387. - Equipment rental yard—Operational standards.

Equipment rental yards shall comply with the following operational standards:

(a)

Any permitted equipment rental yard shall be operated in a fashion so as to have no detrimental effect on lawful adjacent uses by reason of refuse matter, noise, light, vibration, or lack of property maintenance of grounds or buildings.

(b)

A solid decorative masonry wall not less than eight (8) feet in height shall be built and maintained along any rear or side lot line abutting property that is used, zoned, or designated on the general plan for residential purposes.

(c)

Equipment, including stacked storage or displays, shall not exceed ten (10) feet in height when being stored or displayed on the site.

(d)

All parking, vehicle circulation, queuing, backing, and equipment loading must occur completely on-site.

(e)

Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m.

(f)

Equipment, including stacked storage or displays, shall be stored or displayed entirely on-site, pursuant to any applicable approved site plan, but shall not be stored or displayed:

(1)

In any setback, improved or not, required pursuant to sections 41-368, 41-369, and 41-370;

(2)

In any required parking spaces, driveways, or pedestrian walkways;

(3)

So as to obstruct sight distance or otherwise create hazards for vehicle or pedestrian traffic;

(4)

So as to disrupt the normal function of the site or its circulation;

(5)

On any public right-of-way.

(h)[(g)]

All trash and debris generated by the storage of building materials, such as sand or gravel, must be contained on site.

(Ord. No. NS-2812, § 5, 12-20-10)

Sec. 41-388. - Amortization of non-conforming equipment rental yards.

Any use of real property existing on the effective date of the ordinance from which this section derives, which meets the definition of equipment rental yard as set forth in section 41-58 of this Code, but which was constructed, operated, and maintained in compliance with all regulations and design, development, and operational standards adopted by the city, shall be deemed a legal nonconforming use which may be continued until six (6) months after the effective date of the ordinance from which this section derives. On or before such date, all such nonconforming aspects of such use shall be terminated or brought into full compliance with the operational requirements set forth in section 41-387, with the exception of subsection (b).

(a)

Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an equipment rental yard for a continuous period of one (1) year shall result in a loss of legal nonconforming status of such use.

(b)

Amortization—Annexed property. Any equipment rental yard that was a legal use at the time of annexation of the property, but that does not conform to the regulations and design, shall be brought into compliance within one (1) year of the date of annexation.

(Ord. No. NS-2812, § 6, 12-20-10)

Secs. 41-389—41-393. - Reserved. DIVISION 14. - RESERVED[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. NS-2803, § 8, adopted June 21, 2010, repealed the former division 14, §§ 41-394 —41-399 in its entirety, which pertained to the C3 central business district, and derived from the Code of 1952, §§ 9230.220—9230.225; Ord. No. NS-455, § 1, adopted June 20, 1960; Ord. No. NS-553, § 10, adopted December 4, 1961; Ord. No. NS-1035, § 3, adopted September 8, 1970; Ord. No. NS-1036, § 3, adopted September 8, 1970; Ord. No. NS-1071, § 1, adopted March 15, 1971; Ord. No. NS-1123, § 3, adopted July 17, 1972; Ord. No. NS-1225, § 2, adopted October 7, 1974; Ord. No. NS-1397, § 2, adopted January 3, 1978; Ord. No. NS-1507, § 3, adopted November 19, 1979; Ord. No. NS-1532, § 7, adopted June 16, 1980; Ord. No. NS-1540, § 5, adopted September 2, 1980; Ord. No. NS-1708, § 5, adopted December 19, 1983; Ord. No. NS-1732, §§ 30—32, adopted June 25, 1984; Ord. No. NS-2010, § 1, adopted July 3, 1989; Ord. No. NS-2118, § 9, adopted March 18, 1991; Ord. No. NS-2427, §§ 2, 3, adopted May 15, 2000, and Ord. No. NS-2446, § 17, adopted September 18, 2000.

Secs. 41-394—41-400. - Reserved. DIVISION 14.5. - RESERVED[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. NS-2803, § 9, adopted June 21, 2010, repealed the former division 14.5, §§ 41401—41-404 in its entirety, which pertained to the C3-A central business—artist's village district, and derived from Ord. No. NS-2230, § 2, adopted August 15, 1994; Ord. No. NS-2276, § 2, adopted December 18, 1995; Ord. No. NS-2335, § 3, adopted November 3, 1997; Ord. No. NS-2427, §§ 4, 5, adopted May 15, 2000; Ord. No. NS-2445, § 8, adopted September 18, 2000, and Ord. No. NS-2513, § 9, adopted September 3, 2002.

Secs. 41-401—41-410. - Reserved. DIVISION 15. - C4 (PLANNED SHOPPING CENTER)

Sec. 41-411. - Applicability of division.

C4 (planned shopping center) districts are specifically subject to the regulations contained in this division. (Code 1952, § 9230.240; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-412. - Uses permitted in the C4 district.

All uses permitted in the C1 district pursuant to section 41-365 are likewise permitted in the C4 district. In addition, adult entertainment businesses shall be permitted in the C4 district, subject to compliance with the requirements of article XVII of this chapter.

(Code 1952, § 9230.241; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1036, § 4, 9-8-70; Ord. No. NS-1071, § 2, 3-15-71; Ord. No. NS-1123, § 4, 7-17-72; Ord. No. NS-1507, § 4, 11-19-79; Ord. No. NS-1532, § 8, 6- 16-80; Ord. No. NS-1540, § 6, 9-2-80; Ord. No. NS-1732, § 33, 6-25-84; Ord. No. NS-2373, § 5, 12-7-98)

Sec. 41-412.5. - Uses subject to a conditional use permit in the C4 district.

The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit:

(a)

Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses.

(b)

Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.

(c)

Eating establishments with drive-through window service.

(d)

Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

(e)

Laundromats, subject to the development and performance standards set forth in Section 41-199.

(f)

Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(g)

Check cashing facilities, as defined by Section 41-42.7 of this Code.

(h)

Banquet facilities, subject to development and operational standards set forth in Section 41-199.1.

(i)

Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1.

(j)

Adult day care facilities.

(k)

Superstores.

(l)

Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter.

(Ord. No. NS-1732, § 34, 6-25-84; Ord. No. NS-1937, § 3, 11-16-87; Ord. No. NS-1939, § 5, 1-4-88; Ord. No. NS-1993, § 1, 1-3-89; Ord. No. NS-2213, § 2, 1-18-94; Ord. No. NS-2245, § 3, 3-6-95; Ord. No. NS2276, § 3, 12-18-95; Ord. No. NS-2412, § 5, 12-6-99; Ord. No. NS-2445, § 9, 9-18-00; Ord. No. NS-2446, § 18, 9-18-00; Ord. No. NS-2734, § 5, 2-5-07; Ord. No. NS-3038, § 22, 2-7-23; Ord. No. NS-3084, § 20, 9- 16-25)

Sec. 41-413. - Operational standards in the C4 district.

(a)

All business activities in the C4 district shall be conducted or located within an enclosed building, except as otherwise provided in section 41-195, and except that the following business activities, to the extent permitted under sections 41-412 and 41-412.5 may be conducted outside of an enclosed building:

(1)

Newsstands.

(2)

Flower stands.

(3)

Plant nurseries.

(4)

Automobile sales and parking lots.

(5)

Recreational or entertainment uses.

(b)

There shall be no manufacturing, processing, compounding, assembling or treatment of any material or product other than that which is clearly incidental to a particular retail enterprise, and where such goods are sold on the premises.

(Code 1952, § 9230.242; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1700, § 4, 11-21-83; Ord. No. NS1708, § 6, 12-19-83; Ord. No. NS-1732, § 35, 6-25-84)

Sec. 41-414. - Building height.

No structure shall exceed thirty-five (35) feet in height.

(Code 1952, § 9230.243; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 11, 12-4-61)

Sec. 41-415. - Reserved.

Editor's note— Section 41-415, relative to minimum area for property classified C4, was repealed by Ord. No. NS-1732, § 36, enacted June 25, 1984. Said section was derived from Code 1952, § 9230.244, and Ord. No. NS-455, § 1, adopted June 20, 1960.

Sec. 41-416. - Yard, building setback, landscaping, lot size, and lot frontage requirements in the C4 district.

Yard, building setback, landscaping, lot size, and lot frontage requirements in the C4 district are the same as those prescribed for the C1 district by sections 41-368, 41-369, 41-370, 41-372, and 41-373.

(Code 1952, § 9230.245; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 8, 1-7-85; Ord. No. NS-1860, § 6, 9-15-86)

Sec. 41-417. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.246; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3044, § 17, 6-20-23)

Sec. 41-418. - Service stations, automobile servicing, and automobile repair in the C4 district.

In addition to the provisions of this chapter for commercial uses, service stations and automobile servicing are subject to the requirements of 41-374, and automobile repair is subject to the requirements of 41-385.

(Ord. No. NS-2118, § 10, 3-18-91)

Secs. 41-419—41-422. - Reserved. DIVISION 16. - C5 (ARTERIAL COMMERCIAL)[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. NS-1640, § 1, enacted July 19, 1982, amended Div. 16, §§ 41-423—41-430, to read as herein set out. Prior to such amendment Div. 16 was derived from Code 1952, §§ 9230.260— 9230.267, and the following ordinances:

Sec. 41-423. - Applicability of division.

(a)

C5 (arterial commercial) districts are specifically subject to the regulations contained in this division.

(b)

No building permit shall be issued for the construction or enlargement of any building or structure in the C5 district until a site plan has been submitted to the zoning administrator pursuant to section 41-430 and approved by him as conforming to the requirements of this division.

(c)

After approval of a site plan for a lot in the C5 district pursuant to section 41-430, no person shall cause such lot to be developed or maintained in nonconformity with such approved site plan or any approved revision thereof.

(d)

Separately owned units of real property may be deemed a single lot for purposes of this division ff they are subject to conditions, covenants and restrictions and reciprocal easements of access which provide for unified responsibility for vehicle access and parking, landscaping, and signage.

(e)

Two-family dwellings permitted in the C5 district shall not be subject to the operational and design regulations set forth in sections 41-425 through 41-429. Such dwellings shall be subject to the standards set forth for such uses in the R2 (multiple-family residence) district.

(Ord. No. NS-1640, § 1, 7-19-82; Ord. No. NS-2629, § 2, 6-2-03)

Sec. 41-424. - Uses permitted in the C5 district.

The following uses are permitted in the C5 district:

(a)

Professional, business, and administrative offices.

(b)

Retail and service uses.

(c)

Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used.

(d)

Churches, chapels, mortuaries, and theaters.

(e)

Government buildings.

(f)

Restaurants and cafes, other than those specified in Section 41-424.5.

(g)

Schools and studios operated for commercial or public purposes.

(h)

Daycare centers.

(i)

The printing, publishing, and circulation of a newspaper, including plant and office.

(j)

Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street.

(k)

Gymnasiums and health clubs.

(l)

Medical offices.

(Ord. No. NS-1640, § 2, 7-19-82; Ord. No. NS-1732, § 37, 6-25-84; Ord. No. NS-2446, § 19, 9-18-00; Ord. No. NS-2513, § 10, 9-3-02; Ord. No. NS-2629, § 2, 6-2-03; Ord. No. NS-2819, § 2, 5-16-11; Ord. No. NS2977, § 6, 10-15-19; Ord. No. NS-3035, § 11, 12-20-22; Ord. No. NS-3038, § 23, 2-7-23)

Sec. 41-424.5. - Uses subject to a conditional use permit in the C5 district.

The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit:

(a)

Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses.

(b)

Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses.

(c)

Hospitals.

(d)

Public utility structures, including electric distribution and transmission substations.

(e)

Eating establishments with drive-through or walk-up window service.

(f)

Service stations and automobile servicing.

(g)

Car wash establishments, provided they are wholly enclosed.

(h)

Laundries.

(i)

Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.

(j)

Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

(k)

Laundromats, subject to the development and performance standards set forth in Section 41-199.

(l)

Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(m)

Banquet facilities, subject to development and operational standards set forth in Section 41-199.1.

(n)

Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1.

(o)

Adult day care facilities.

(p)

Superstores.

(q)

Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter.

(Ord. No. NS-1732, § 38, 6-25-84; Ord. No. NS-1939, § 6, 1-4-88; Ord. No. NS-2103, § 2, 12-17-90; Ord. No. NS-2176, § 3, 9-21-92; Ord. No. NS-2213, § 3, 1-18-94; Ord. No. NS-2245, § 4, 3-6-95; Ord. No. NS2276, § 4, 12-18-95; Ord. No. NS-2445, § 10, 9-18-00; Ord. No. NS-2446, § 20, 9-18-00; Ord. No. NS2734, § 6, 2-5-07; Ord. No. NS-3038, § 24, 2-7-23; Ord. No. NS-3084, § 21, 9-16-25)

Sec. 41-425. - Operational standards.

(a)

All business activities shall be conducted or located within an enclosed building, except as otherwise provided in section 41-195.

(b)

Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business.

(Ord. No. NS-1640, § 3, 7-19-82; Ord. No. NS-1708, § 7, 12-19-83)

Where property within this district is to be used for professional or commercial purposes and has a lot line in common with any lot in a residential district there shall be erected a solid masonry wall not less than six (6) feet high along all such common lines. Where a wall of such height is prohibited by this chapter or any other ordinance the wall shall be the maximum allowable height. Further, where an alley separates the

property in this district from property in a residential district said block wall shall be erected along the property line abutting the alley except at points of ingress/egress to the parking area.

(Ord. No. NS-1640, § 4, 7-19-82)

Sec. 41-427. - Yard, building setback, landscaping, lot size, and lot frontage requirements in the C5 district.

Yard, building setback, landscaping, lot size and lot frontage requirements in the C5 district are the same as those prescribed for the C1 district by sections 41-368, 41-369, 41-370, 41-372, and 41-373.

(Ord. No. NS-1640, § 5, 7-19-82; Ord. No. NS-1860, § 7, 9-15-86)

Sec. 41-428. - Vehicle access.

(a)

There shall be no more than one (1) vehicle entryway and one (1) vehicle exit way for each one hundred fifty (150) feet of street frontage of the lot. No such entryway or exit way shall be located within one hundred fifty (150) feet of any street intersection corner radius.

(b)

The design of vehicle accessways, driveways, and parking areas shall be safe and practical.

(Ord. No. NS-1640, § 6, 7-19-82)

Sec. 41-429. - Reserved.

Editor's note— Ord. No. NS-1721, § 5, enacted April 2, 1984, repealed § 41-429, pertaining to sign regulations in the C5 district. Said section was derived from Ord. No. NS-1640, § 7, adopted July 19, 1982.

Sec. 41-430. - Reserved.

Editor's note— Section 41-430, relative to site plan review, was repealed by Ord. No. NS-1700, § 3, enacted Nov. 21, 1983. Said section was derived from Ord. No. NS-1640, § 8, adopted July 19, 1982.

Sec. 41-431. - Service stations and automobile servicing in the C5 district.

In addition to the provisions of this chapter for commercial uses, service stations and automobile servicing are subject to the requirements of section 41-374.

(Ord. No. NS-2118, § 11, 3-18-91)

Secs. 41-432—41-438. - Reserved. DIVISION 17. - CR (COMMERCIAL RESIDENTIAL)

Sec. 41-439. - Applicability of division.

CR (commercial residential) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.270; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-850, § 1, 6-20-66)

Sec. 41-440. - Description and purpose; principles.

This district is intended to provide areas located adjacent to certain high capacity arterial streets and highways for planned developments integrating commercial and residential land uses. Site development standards and principles are designed to encourage greater convenience, efficiency, excellence of design, and visual appeal than is possible through usual strip development.

The following site planning principles, in accordance with community development policy, shall be incorporated in all developments approved for this district:

(a)

Uses shall be buffered from one another, in order to avoid nuisances.

(b)

Internal circulation shall separate different kinds of vehicular and pedestrian traffic and shall involve the least possible dissection of the site.

(c)

Access to and from the adjacent high capacity arterial streets and highways shall be limited, in order to insure efficient and safe vehicular circulation.

(d)

Adequate open spaces and landscaping shall be provided for all uses and shall be integrated with buildings and parking areas.

(e)

Buildings shall be located to create a variety of open spaces and to eliminate corridor or barrackslike effects.

(f)

A well-planned system of walks shall be developed for convenient access between dwelling units and to commercial or other uses developed on the site.

(g)

Walks, parking, and open spaces shall be provided with adequate lighting for safe and convenient nighttime use.

(h)

Vehicular and pedestrian circulation routes shall have varied alignments and vistas.

(i)

Uncovered parking areas shall be distributed throughout the site in order to avoid monotonous stretches of parked cars or surface paving.

The above principles apply to the placement, shape, and interrelationship of buildings, spaces, and other site elements, and shall not be misconstrued to interfere with the architectural style or motifs of individual buildings.

(Code 1952, § 9320.271; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-850, § 1, 6-20-66)

Sec. 41-441. - Reserved.

Editor's note— Ord. No. NS-1700, § 3, adopted Nov. 21, 1983, repealed § 41-441, relative to submission of development plans, derived from Code 1952, § 9230.272; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-850, § 1. adopted June 20, 1966.

Sec. 41-442. - Uses permitted in the CR district.

The following uses are permitted in the CR district:

(a)

Retail and service uses.

(b)

Professional offices.

(c)

One-family, two-family, and multiple-family dwellings.

(d)

Resident managers' offices devoted solely to the rental of dwelling units on the site, provided that said office and surrounding grounds shall retain a residential character if located within residential areas.

(e)

Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter.

(Code 1952, § 9230.273; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-850, § 1, 6-20-66; Ord. No. NS-1036, § 6, 9-8-70; Ord. No. NS-1123, § 6, 7-17-72; Ord. No. NS-1230, § 6, 2-18-75; Ord. No. NS-1507, § 6, 1119-79; Ord. No. NS-1532, § 10, 6-16-80; Ord. No. NS-1540, § 8, 9-2-80; Ord. No. NS-1732, § 39, 6-25-84; Ord. No. NS-2373, § 6, 12-7-98)

Sec. 41-442.5. - Uses subject to a conditional use permit in the CR district.

The following uses may be permitted in the CR district subject to the issuance of a conditional use permit:

(a)

Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses.

(b)

Service stations, provided they are integrated into a larger development site and accessible only by limited access ways serving the larger site as a whole.

(c)

Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.

(d)

Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

(e)

Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(f)

Banquet facilities, subject to development and operational standards set forth in Section 41-199.1.

(g)

Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1.

(Ord. No. NS-1732, § 40, 6-25-84; Ord. No. NS-1992, § 1, 1-17-89; Ord. No. NS-2213, § 4, 1-18-94; Ord. No. NS-2276, § 5, 12-18-95; Ord. No. NS-2445, § 11, 9-18-00; Ord. No. NS-3084, § 22, 9-16-25)

Sec. 41-443. - Site standards.

(a)

Sites developed for exclusively commercial or professional use or exclusively residential use shall meet the following minimum site standards:

(1)

Minimum area: The minimum site area shall be three (3) acres.

(2)

Minimum dimensions:

(i)

The minimum site depth shall be three hundred (300) feet, providing that for each one thousand (1,000) square feet of ground floor building area above twenty thousand (20,000) square feet, there shall be provided an additional one (1) foot in depth.

(ii)

The minimum site width shall be no less than one-half (½) of the site depth.

(b)

Sites developed for mixed residential and commercial or professional uses shall meet the following minimum site standards:

(1)

Minimum area: The minimum site area shall be five (5) acres.

(2)

Minimum depth: The minimum site depth, measured at right angles from any arterial street or highway from which there will be primary vehicular access to the property, shall be six hundred (600) feet.

(3)

Minimum width: The minimum site width shall be three hundred (300) feet.

(Code 1952, § 9230.274; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-850, § 1, 6-20-66)

Sec. 41-444. - Site development standards.

(a)

Minimum gross floor area. Dwelling units shall have the following minimum gross floor areas per unit, exclusive of garages, carports, balconies, patios, or open porches:

(1)

Bachelor apartment: Three hundred (300) square feet.

(2)

One-bedroom apartment: Five hundred (500) square feet.

(3)

Two (2) or more bedroom apartment: Seven hundred fifty (750) square feet.

(b)

Maximum building height. The maximum height of any building or structure used for any purpose permitted in this district shall be equivalent to one-third (⅓) the distance from any point on the building or structure

perimeter at ground level to the nearest point of any land zoned for exclusively residential purposes.

(c)

Buffers.

(1)

At any point where a site area used for residential uses abuts land on or off the site used or zoned for commercial uses or vehicular ways or parking areas related to commercial uses, there shall be provided either a solid barrier six (6) feet in height of decorative noncombustible material or permanently maintained hedge, or an open space twenty-five (25) feet in width which shall not be used in the calculation of other required open spaces, yards or setbacks.

(2)

Buildings combining residential and commercial uses may be permitted if the design assures the privacy, amenities, and protection against nuisances provided for residential use buildings under the provisions of this district.

(d)

Setback and yard requirements.

(1)

Where a building site abuts any public right-of-way there shall be provided an open, landscaped setback at least ten (10) feet in depth, measured at right angles to the right-of-way line and extending the full length of such abutment. Where such a required yard abuts building, vehicular accessway, or parking areas used solely for commercial purposes, fifty (50) per cent of the required yard may be substituted in required parking area landscaping, provided that no such required yard shall be less than five (5) feet in depth.

(2)

Buildings shall be provided with the following open yards, of which the depths are to be measured perpendicular to the building walls:

(i)

Any building wall containing a main entrance shall have a yard having a minimum depth of ten (10) feet plus two (2) feet for each additional feet for each additional story in height above the first, plus one (1) foot for each fifteen (15) feet in length.

(ii)

Any building wall which contains windows opening into any habitable room or place of work, but does not contain a main entrance, shall have a yard having a minimum depth of six (6) feet plus one (1) foot for each additional story in height above the first, plus one (1) foot for each fifteen (15) feet in length.

(iii)

Any building wall which does not contain main entrances or windows opening into any habitable room or place of work or which is part of an accessory building shall have a yard having a minimum depth of five (5) feet.

(3)

The depth of required yards may be reduced fifty (50) per cent for any single-story building used solely for commercial purposes, if an equivalent area contiguous with the building is substituted in pedestrian mall or arcade landscaped entirely with decorative materials and plants, provided that no such building shall be closer than ten (10) feet to another building and no pedestrian accessway shall be less than six (6) feet.

(e)

Minimum distances between buildings. The minimum distances between buildings shall be as follows:

(1)

The minimum distance between parallel walls of two (2) main buildings or between (2) parallel facing walls of the same building shall be the sum of the yard depth requirements of both walls.

(2)

For obliquely aligned buildings, the required distance between two (2) main buildings may be decreased a maximum of five (5) feet at one end if increased an equal distance at the other end provided that the minimum distance in no case shall be less than ten (10) feet.

(3)

The distance between two (2) parallel main buildings facing each other for only a portion of their lengths may be reduced if the extent of their overlap does not exceed twenty (20) per cent of the length of either facing wall. The minimum distance between said buildings shall be equal to the full yard depth requirement of the longer facing wall plus three-fourths (¾) of the yard depth requirement of only the overlapping portion of the shorter facing wall.

(4)

Any pedestrian accessory shall have a minimum width of six (6) feet.

(5)

The requirements of (1) through (4) above shall apply whether the required spaces are open to the sky or covered.

(6)

Balconies and exterior stairways shall not project more than fifty (50) per cent of the depth of any required yard or setback.

(f)

Open space and recreational-leisure areas. There shall be provided a minimum of:

(1)

Three hundred fifty (350) square feet of usable recreational-leisure space for each dwelling unit. Portions of spaces required under the yard and minimum distance provisions of this section may be included in the calculation of recreational-leisure space to the extent that they are integrated with and usable as part of a larger recreational-leisure area.

(2)

Where private outdoor living areas are provided, the minimum recreational-leisure space requirement shall be reduced to three hundred (300) square feet per dwelling unit.

(i)

Minimum dimensions of such private outdoor living areas shall be as follows:

(.1)

When provided for ground floor or studio-type units, such areas shall have a minimum of two hundred (200) square feet, the least dimension of which shall be ten (10) feet.

(.2)

When provided for dwelling units wholly above the ground floor, such areas shall be provided as accessible balconies or decks, and shall have a minimum area of fifty (50) square feet, the least dimension of which shall be five (5) feet.

(ii)

Remaining required space not provided in private outdoor living areas shall be provided in common recreational-leisure areas.

(3)

Common recreational-leisure areas, which shall be conveniently located and readily accessible from all dwelling units located on the building site, may extend into the required yards, but shall be screened from adjacent arterial streets and highways, and may include swimming pools, putting greens, court game facilities, and any other recreational-leisure facilities necessary to meet the requirements of residents and their guests. Common recreational-leisure areas, with the exception of pedestrian accessways and paved recreational facilities, shall be landscaped with lawn, trees, shrubs, or other plant materials and shall be permanently maintained in a neat and orderly manner as a condition to use. Fountains, sculpture, planters and decorative screen-type walls, where an integral part of a landscaping scheme comprised primarily of plant materials, are permitted. Required recreational-leisure space shall in no case be used for parking automobiles or for commercial agriculture.

(4)

Fifty (50) per cent of required common recreational-leisure space for residential units may be included in the calculation of required yards and setbacks for commercial uses developed on the same site, providing the resulting spaces shall be part of an integrated whole contiguous with and convenient to the residential buildings served, shall be developed solely with plant and decorative materials, and shall not serve as primary commercial pedestrian routes or otherwise made unavailable for leisure purposes.

(g)

Coverage. The maximum coverage by main residential buildings and accessory residential buildings shall not exceed fifty (50) per cent of the residential site area. If the site is in residential use only, the residential site area is the total site minus the area of all vehicular rights-of-way and of all accessways which exceed one hundred (100) feet in length. If the site is also in use for commercial purposes, demarcation of residential site areas shall be shown on submitted plans for the purpose of calculating coverage, and any open spaces, setbacks, parking areas, and vehicular ways used to satisfy development requirements for commercial uses shall not be included in calculating the coverage of residential buildings. Recreationleisure facilities shall not be counted as covered areas.

(h)

Off-street parking requirements.

(1)

Refer to section 41-617 for parking requirements for this district.

(2)

Parking facilities for residential units shall be completely separated from parking facilities and main internal circulatory routes used for commercial or professional uses. The site design shall discourage users of one use area from parking their cars in spaces serving other use areas. Each space for residential use shall be located within one hundred fifty (150) feet of the principal entrance to the building in which the dwelling unit served is located.

(3)

Spaces provided for residential guest parking shall be conveniently distributed in separate groupings having a maximum of five (5) spaces each.

(4)

All points of vehicular access to and from off-street parking areas and driveways onto public rights-of-way shall be approved by the director of public works. Wherever a private driveway enters onto said public right-of-way, a stop sign shall be erected and maintained at such exit point to insure reasonable traffic safety in compliance with the standard sign sheet on file in the office of the department of public works.

(i)

Landscaping.

(1)

All required setback areas, required open spaces around the perimeter of buildings, and the required parking landscaped areas, unless otherwise specified in the provisions of this district, shall be landscaped and maintained according to approved plans. Required setback areas abutting properties zoned for exclusively residential purposes shall be planted with one (1) tree to be provided for each fifteen (15) linear feet of abutment.

(2)

Landscaping shall consist of lawn, trees, shrubs, or other plant materials, and may include the following decorative elements where an integral part of a landscape scheme is comprised primarily of plant materials:

(i)

Fountains, ponds, sculptures and planters.

(ii)

Screen-type masonry walls forty-two (42) inches in height.

(iii)

Wrought iron or other types of open work metal fences, exclusive of chain link, provided that the component solid portions of a fence do not constitute more than twenty (20) per cent of the total surface area of its face. Such fences shall have a maximum of six (6) feet.

(3)

Two (2) per cent of the gross uncovered parking area for all uses shall be landscaped.

(4)

Vehicular parking may not be located within any required landscaped area.

(5)

Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council.

(6)

Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development.

(7)

Procedures for the approval and amendment of landscaping plans shall be established by the planning division.

(8)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(9)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(j)

Subdivision of property developed under the CR district. Upon completion of a development of property in the CR district, no portion of the property involved in said development shall be severed or sold unless said severed parcel and the development thereon complies with all provisions set forth for the CR district.

Further, the remaining parcel and development thereon shall also comply with said CR district provisions. Nothing herein shall prohibit the sale of any dwelling or commercial units provided all common areas, required yard areas, common recreational areas, and similar areas required under the provisions of the CR district are retained in trust or otherwise for the benefit of all tenants and owners of any interest of any of the structures on the original area developed as a unit. Further, prior to the issuance of a building permit or approval of the development plans as set forth in section 41-441, deed restrictions prohibiting the alienation of all land areas not devoted to buildings shall be recorded in the office of the county recorder of the County of Orange, State of California. Said restrictions shall include a statement that said deed restrictions shall be irrevocable for a period of not less than thirty (30) years. A copy of said deed restrictions shall be filed with the planning department prior to the issuance of a building permit to the owner of the original project.

(k)

Dedication for public right-of-way. If a parcel zoned CR is to be developed in accordance with the provisions set forth for this district and said parcel abuts a street not improved to city standards, the owner shall dedicate the necessary street easement to the city and improve said street so as to be in accordance with the design standards and specifications of this Code of Ordinances prior to the issuance of utility release by the building department.

(l)

Trash collection areas. All trash and garbage collection areas shall be enclosed on at least three (3) sides by a five-foot block wall with adequate access to and from these areas for collection vehicles.

(Code 1952, § 9230.275; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-850, § 1, 6-20-66; Ord. No. NS-1721, § 2, 4-2-84; Ord. No. NS-2801, § 9, 12-23-09)

Sec. 41-445. - Operational standards in the CR district.

All retail and business uses in the CR district shall be conducted and located within an enclosed building, except as otherwise provided in section 41-195.

(Ord. No. NS-2114, § 3, 3-4-91)

Secs. 41-446—41-470. - Reserved. DIVISION 18. - M1 (LIGHT INDUSTRIAL)

Sec. 41-471. - Applicability of division.

M1 (light industrial) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.280; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-472. - Uses permitted in the M1 district.

The following uses are permitted in the M1 district:

(a)

The compounding, processing, or treatment of raw or previously treated materials into a finished or semifinished product, excluding those uses specified in section 41-489.5.

(b)

The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5.

(c)

The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5.

(d)

The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5.

(e)

Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment.

(f)

Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure.

(g)

Machine shop or other metal working shops.

(h)

Warehousing.

(i)

Impound yards (storage only) with no office or dispatching operations.

(j)

Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises.

(k)

Eating establishments not specified in section 41-472.5.

(l)

Research laboratories that do not generate hazardous waste materials.

(m)

Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to nonautomotive related product sales.

(n)

Truck, boat and heavy equipment sales, rental, and service.

(o)

Movie, photography, musical or video production studios.

(p)

Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity.

(q)

Public utility structures.

(r)

Blueprinting, photoengraving, screen printing and other reproduction processes.

(s)

Wholesale nursery and plant storage.

(t)

Contractor's yard.

(u)

Automotive repair and service, including body and fender repair, painting, and engine replacement.

(v)

Home improvement warehouse store.

(w)

Sales of industrial products, supplies and equipment used for final product manufacture.

(x)

Lumberyard, including mill and sash work if conducted entirely within an enclosed building.

(y)

Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including:

(1)

Small collection facilities.

(2)

Large collection facilities.

(z)

Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter.

(aa)

Storage and distribution of hazardous materials.

(bb)

Passenger transportation services.

(cc)

Retail uses located on properties that front an arterial street, as defined in the city's circulation element.

(Code 1952, § 9230.281; Ord. No. NS-455, § 1, 6-20-60; Ord, No. NS-976, § 1, 8-18-69; Ord. No. NS-996, § 1, 12-15-69; Ord. No. NS-1035, § 5, 9-8-70; Ord. No. NS-1036, § 7, 9-8-70; Ord. No. NS-1080, § 3, 5-1771; Ord. No. NS-1123, § 7, 7-17-72; Ord. No. NS-1275, § 2, 10-7-74; Ord. No. NS-1352, § 2, 4-4-77; Ord. No. NS-1507, § 7, 11-19-79; Ord. No. NS-1732, § 41, 6-25-84; Ord. No. NS-1748, § 1, 10-1-84; Ord. No. NS-1834, § 1, 2-3-86; Ord. No. NS-1934, § 1, 11-16-87; Ord. No. NS-2275, § 8, 12-18-95; Ord. No. NS-

2306, § 1, 12-2-96; Ord. No. NS-2333, § 1, 10-6-97; Ord. No. NS-2373, § 7, 12-7-98; Ord. No. NS-2443, § 2, 9-18-00; Ord. No. NS-2470, § 5, 5-21-01; Ord. No. NS-2494, § 8, 4-15-02; Ord. No. NS-3004, § 4, 5-421; Ord. No. NS-3007, § 3, 7-6-21; Ord. No. NS-3038, § 25, 2-7-23)

Sec. 41-472.1. - Ancillary uses permitted in the M1 district.

The following uses are permitted when ancillary to any use permitted by section 41-472 or to any use permitted subject to a conditional use permit:

(1)

Administrative office use occupying up to thirty (30) per cent of the gross floor area;

(2)

Product sales or service uses occupying up to five (5) per cent of the gross floor area;

(3)

Daycare centers occupying up to thirty (30) per cent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) per cent of the gross floor area.

(4)

The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above-ground fixed storage tanks when properly screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons.

(5)

Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) per cent.

(Ord. No. NS-2275, § 9, 12-18-95; Ord. No. NS-2446, § 21, 9-18-00; Ord. No. NS-2442, § 3, 9-18-00; Ord. No. NS-2494, § 9, 4-15-02; Ord. No. NS-3038, § 26, 2-7-23)

Sec. 41-472.5. - Uses subject to a conditional use permit in the M1 district.

The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit:

(a)

Principal industrial uses if occupying less than seventy (70) per cent of the gross floor area with the remainder of the floor area allocated to office use only, except as permitted in Section 41-472 (cc).

(b)

Storage of new or used buildings or houses.

(c)

Daycare centers other than as permitted by section 41-472.1.

(d)

Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops.

(e)

Kennels for the temporary care and lodging of dogs and other domesticated household animals.

(f)

Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use.

(g)

Eating establishments with drive-through window service.

(h)

Petroleum and gas storage.

(i)

Freight, bus and truck terminal.

(j)

Industrial medical clinics which offer medical services by referral only and do not offer overnight stays.

(k)

Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) per cent of the gross floor area.

(l)

Light processing facilities and heavy processing facilities.

(m)

Car wash facility.

(n)

Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1.

(o)

Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection.

(p)

Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection.

(q)

Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection.

(r)

Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection.

(s)

Indoor sport facility, subject to development and operational standards set forth in section 41-482.

(Ord. No. NS-1732, § 42, 6-25-84; Ord. No. NS-1834, § 2, 2-3-86; Ord. No. NS-1934, § 2, 11-16-87; Ord. No. NS-1979, § 1, 11-15-88; Ord. No. NS-2122, § 3, 4-15-91; Ord. No. NS-2275, § 10, 12-18-95; Ord. No. NS-2306, § 2, 12-2-96; Ord. No. NS-2316, § 1, 3-17-97; Ord. No. NS-2445, § 12, 9-18-00; Ord. No. NS2446, § 22, 9-18-00; Ord. No. NS-2470, § 6, 5-21-01; Ord. No. NS-2494, § 10, 4-15-02; Ord. No. NS-2776, § 5, 9-2-08; Ord. No. NS-3004, § 5, 5-4-21; Ord. No. NS-3007, § 4, 7-6-21; Ord. No. NS-3038, § 27, 2-723)

Sec. 41-473. - Operational standards in the M1 district.

(a)

Any activity permitted in this district shall be conducted in such a manner as not to have a detrimental effect on permitted adjacent uses by reason of refuse matter, noise, light, vibration, or lack of proper maintenance of grounds or buildings.

(b)

Outdoor storage of materials, products, equipment or vehicles, shall be screened by a solid fence or wall not less than eight (8) feet in height. Materials, products or equipment stored outdoors shall not be piled higher than the height of the fence or wall, nor encroach into required parking and landscape areas.

(c)

A solid wall or fence not less than eight (8) feet in height is required along any rear or side lot line abutting property which is either used, zoned, or designated on the General Plan for residential purposes.

(d)

Public utility electric distribution and transmission substations shall be enclosed within a solid wall or fence not less than eight (8) feet in height.

(e)

All major compounding, processing, packaging or assembly of articles of merchandise, treatment of products and vehicle maintenance and repair, shall be conducted within a completely enclosed building. In addition, service bays for ancillary vehicle maintenance and repair shall be completely screened from view from the public street.

(f)

All property shall be maintained in a safe, sanitary and attractive condition, including but not limited to structures, landscaping, parking area, walkways, and trash enclosures.

(g)

Loading areas shall not be visible from arterial streets or from streets adjacent to front yards. Loading areas facing other streets shall be screened with decorative walls of a material compatible with the building design and by bermed landscaping abutting such walls. Loading areas not facing a street shall be setback at least thirty-five (35) feet from the property line.

(h)

Railroad tracks are not allowed on any street side of a building. If railroad tracks and loading docks are located other than at the rear of a building area, the tracks and the loading dock shall be completely screened from view from any street.

(Code 1952, § 9230.282; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-635, § 8, 3-4-63; Ord. No. NS-1080, § 3, 5-17-71; Ord. No. NS-1708, § 8, 12-19-83; Ord. No. NS-1834, § 3, 2-3-86; Ord. No. NS-2275, § 11, 12-18-95; Ord. No. NS-2470, § 7, 5-21-01)

Sec. 41-474. - Building height.

No structure shall exceed thirty-five (35) feet in height.

(Code 1952, § 9230.283; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 13, 12-4-61)

Sec. 41-475. - Yards abutting streets—Generally.

(a)

A yard is required along any lot line which abuts a public street which, except as provided in section 41-476 or section 41-476.5, shall be of an area not less than the length of such lot line in feet multiplied by:

(i)

Twenty (20) feet, if the street is designated in the general plan of the city as an arterial street; or

(ii)

Ten (10) feet, if the street is not so designated as an arterial street.

(b)

The yard required by paragraph (a) shall include a strip immediately adjacent to the street and shall be of a width not less than:

(i)

Ten (10) feet, if the street is designated in the general plan of the city as an arterial street; or

(ii)

Five (5) feet, if the street is not so designated as an arterial street.

(c)

The area of any one (1) vehicular driveway shall be considered part of the area of any yard required by paragraph (a) to the extent that:

(i)

The driveway is approximately perpendicular to the street; and

(ii)

The driveway does not exceed thirty (30) feet in width.

(d)

Except as provided in paragraph (c), any yard required by this section shall be landscaped. Signs are permitted in such yards provided they are in compliance with the Sign Ordinance of the City of Santa Ana.

(Code 1952, § 9230.284; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1301, § 1, 4-5-76; Ord. No. NS-2275, § 12, 12-18-95)

Sec. 41-476. - Same—Reduction of requirements on previously developed streets.

The minimum area requirement imposed on any lot by paragraph (a) of section 41-475 shall be reduced by one-half (½) if seventy-five (75) per cent of the lineal frontage of the side of the street on which the lot is located, measured to the next intersecting cross streets in each direction, has been developed in

nonconformity with such requirements. Yard requirements shall be determined separately with respect to each street upon which the lot abuts.

(Code 1952, § 9230.285; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1301, § 2, 4-5-76)

Sec. 41-476.5. - Same—Preservation of existing yards on previously developed streets.

Existing yard areas which exceed those required by paragraph (a) of section 41-475 shall be preserved if seventy-five (75) per cent of the lineal frontage of the side of the street on which the lot is located, measured to the next intersecting cross streets in each direction, has been developed in excess of such requirements. Yard requirements shall be determined separately with respect to each street upon which the lot abuts.

(Ord. No. NS-2275, § 13, 12-18-95)

Sec. 41-477. - Landscaping.

Front yard:

(a)

One (1) 24-inch box canopy tree shall be provided for each twenty-five (25) linear feet of front yard (exclusive of driveways). Such trees may be placed in clusters.

(b)

Six (6) five-gallon size shrubs shall be provided per twenty-five (25) linear feet of front yard (exclusive of driveways). As an alternative, the use of three (3) five-gallon size shrubs and ten (10) one-gallon shrubs is acceptable provided the plant material adds color and variety to the design.

(c)

The front yard shall be planted in turf or acceptable dry climate ground cover. A ground cover is required in shrub areas and as accents in small pockets. Redwood header boards or similar barriers shall be placed between turf and other plant materials.

(d)

Berms in the front yard having more than a 4:1 slope shall be planted in ground cover. Turf is not acceptable.

(e)

When parkway trees are required by the city, they shall be integrated with the onsite landscape plan to ensure proper spacing and species selection.

(f)

A minimum five-foot wide landscape strip shall be planted and maintained where the off-street parking area abuts any public street, except at approved driveways.

Parking area:

(g)

In parking areas available to parking by the general public, a landscape planter shall be provided for every ten (10) parking spaces. Each planter shall have minimum dimensions of six (6) feet in width and eighteen (18) feet in length including concrete curbing. Each planter shall be bordered on two (2) sides minimum by parking area. The planter strips shall run parallel to the parking spaces and be consistently spaced throughout the parking area. Each planter shall require one (1) 15-gallon size tree, five (5) five-gallon shrubs plus ground cover.

(h)

In lots that are solely used by employees of the company, a landscape planter shall be provided for every five (5) consecutive parking spaces. Each planter shall have minimal dimension of four (4) feet by four (4) feet, including concrete curb. Each planter shall require one (1) 15-gallon size tree and a suitable ground cover or low growing shrubs. These planters may be located between parking spaces so as to maximize the amount of available space for parking. Planters may also be consistent with general parking landscape requirements. Each parking area shall be enclosed by perimeter planters abutting the lot or parking spaces, except for the driveways.

(i)

The choice of plant material shall be trees and/or shrubs, with a ground cover in keeping with the size and limitations of the area. Ground covers alone are not acceptable. A minimum of one (1) 15-gallon tree shall be provided for each ten (10) parking spaces, or portion thereof.

(j)

Parking areas shall be designed so that parked vehicles shall not encroach into landscape areas.

Buffer:

(k)

A landscaped planter of a width not less than ten (10) feet is required along any interior lot line to the extent such lot line abuts any property which is neither zoned for industrial uses, nor indicated on the general plan of the city as planned for industrial purposes.

General:

(l)

A plant list shall be shown on the required plot plan to obtain a building permit for the building for which the parking area is provided. The list shall include the botanical and common names of the plant to be used, the sizes to be planted, and the quantity of each. The plants shall be listed alphabetically and assigned key numbers to be used in locating the plants on the plan.

(m)

All required yards shall be landscaped and maintained at all times.

(n)

Redwood chips, decorative stone and other inorganic materials are not acceptable substitutes for ground cover or turf.

(o)

All trees in parking areas shall be placed in root barriers.

(p)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(q)

The landscaping shall be contained in planting areas that are enclosed by minimum six-inch high concrete curbs.

(r)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(s)

Compliance with all provisions of this section shall be required except for minor modifications approved by the planning division.

(t)

All appurtenances, such as transformers, backflow preventers, trash enclosures, signage, meters, and lights, shall be shown on landscape plans and screened with plant materials.

(Code 1952, § 9230.286; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1301, § 3, 4-5-76; Ord. No. NS-2275, § 14, 12-18-95; Ord. No. NS-2801, § 10, 12-23-09)

Sec. 41-478. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.287; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1301, § 4, 4-5-76; Ord. No. NS-2176, § 4, 9-21-92; Ord. No. NS-2275, § 15, 12-18-95; Ord. No. 2404, § 1, 9-20-99; Ord. No. NS-3044, § 18, 6- 20-23)

Sec. 41-479. - Caretaker quarters in the M1 district.

Permanent quarters for a guard, custodian, or caretaker are permitted in the M1 district when incidental to a permitted primary use, subject to the following requirements:

(1)

Such quarters shall maintain the setback requirements set forth in sections 41-475, 41-476 and 41-477.

(2)

There shall be no more than one (1) such quarters on any one (1) lot.

(3)

The maximum floor area shall be limited to seven hundred fifty (750) square feet.

(4)

The floor area design shall be limited to one (1) bedroom, a kitchen, a living room and a bathroom.

(5)

The quarters shall be architecturally compatible with the structures used for the primary use on the lot.

(6)

Two (2) parking spaces shall be provided for the quarters, in addition to other required off-street parking on the lot.

Such parking spaces shall be located immediately adjacent to the quarters and reserved for the exclusive use thereof.

(Ord. No. NS-1936, § 1, 11-16-87)

Sec. 41-480. - Service stations, automobile servicing, and automobile repair in the M1 district.

In addition to the provisions of this chapter for commercial uses, service stations and automobile servicing are subject to the requirements of 41-374, and automobile repair is subject to the requirements of 41-385.

(Ord. No. NS-2118, § 12, 3-18-91)

Sec. 41-481. - Minimum lot size and street frontage in the M1 district.

Each lot within the M1 district shall have at least twelve thousand (12,000) square feet of area and one hundred (100) feet of street frontage.

(Ord. No. NS-2275, § 16, 12-18-95)

Sec. 41-482. - Indoor sport facility in the M1 district.

In addition to the provisions of this chapter, indoor sport facilities shall comply with the following development and operational standards:

(a)

All business activities shall by conducted and located within an enclosed structure.

(b)

Any outdoor storage of equipment or materials shall be fully screened by a decorative masonry block wall.

(c)

No indoor sport facility shall operate before 7:00 a.m. or after 10:00 p.m. on any day of the week.

(d)

Ancillary uses including: meeting rooms, snack bars and equipment rental or sales are permitted within an indoor sport facility provided that their gross floor area of the ancillary use does not exceed twenty (20) per cent of the total building area.

(e)

Ancillary uses shall operate in conjunction with the primary recreation use, and shall maintain the same or fewer hours of operation.

(Ord. No. NS-2776, § 6, 9-2-08)

Secs. 41-483—41-487. - Reserved. DIVISION 19. - M2 (HEAVY INDUSTRIAL)

Sec. 41-488. - Reserved.

Editor's note— Ord. No. NS-2275, § 17, adopted Dec. 18, 1995, repealed § 41-488, which pertained to applicability of the division and derived from Code 1952, § 9230.300, and Ord. No. NS-455, § 1, adopted June 20, 1960.

Sec. 41-489. - Regulations governing the M2 district.

Property which is located in the M2 (Heavy Industrial) use district is subject to all the regulations applicable to property in the M1 district pursuant to Division 18 of this article.

(Ord. No. NS-1732, § 43, 6-25-84; Ord. No. NS-1936, § 2, 11-16-87; Ord. No. NS-1979, § 2, 11-15-88; Ord. No. NS-2114, § 4, 3-4-91; Ord. No. NS-2275, § 18, 12-18-95)

Sec. 41-489.5. - Additional uses subject to a conditional use permit in the M2 district.

In addition to uses permitted subject to the issuance of a conditional use permit pursuant to sections 41489 and 41-472.5, the following uses may be permitted in the M2 district subject to the issuance of a conditional use permit:

a.

Acid manufacturing.

b.

Junkyards, automobile wrecking yards and salvage yards, and impound yards.

c.

Cement, lime, gypsum or plaster of paris manufacture.

d.

Fertilizer manufacture.

e.

Gas or acetylene manufacture.

f.

Glue manufacture.

g.

Smelting of tin, copper, zinc or iron ores.

h.

Sites for the transfer, disposal or dumping of rubbish, garbage, trash, or refuse.

i.

Any facility where payment is offered for blood or plasma donations.

j.

Crematories.

k.

Hazardous waste treatment facilities.

l.

Recycling facilities in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253.

(Ord. No. NS-1732, § 44, 6-25-84; Ord. No. NS-2275, § 19, 12-18-95; Ord. No. NS-2333, § 2, 10-6-97; Ord. No. NS-2443, § 3, 9-18-00; Ord. No. NS-2646, § 3, 3-15-04; Ord. No. NS-2931, § 9, 11-21-17)

Sec. 41-490. - Reserved.

Editor's note— Ord. No. NS-2275, § 20, adopted Dec. 18, 1995, repealed § 41-490, which pertained to operational standards and derived from Code 1952, § 9230.302, and Ord. No. NS-455, § 1, adopted June

20, 1960.

Editor's note— Ord. No. NS-2275, § 20, adopted Dec. 18, 1995, repealed § 41-491, which pertained to building height and derived from Code 1952, § 9230.303; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-553, § 14, adopted Dec. 4, 1961.

Sec. 41-492. - Reserved.

Editor's note— Ord. No. NS-2275, § 20, adopted Dec. 18, 1995, repealed § 41-492, which pertained to yard and landscape requirements and derived from Code 1952, § 9230.304; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-1301, § 5, adopted April 5, 1976.

Sec. 41-493. - Reserved.

Editor's note— Ord. No. NS-2275, § 20, adopted Dec. 18, 1995, repealed § 41-493, which pertained to off-street parking and derived from Code 1952, § 9230.305; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-1301, § 6, adopted April 5, 1976.

Sec. 41-494. - Reserved.

Editor's note— Ord. No. NS-2275, § 20, adopted Dec. 18, 1995, repealed § 41-494, which pertained to service stations, automobile servicing, and automobile repair in the M2 district, and derived from Ord. No. NS-2118, § 13, adopted March 18, 1991.

Secs. 41-495—41-503. - Reserved. DIVISION 20. - RESERVED

Sec. 41-504. - Reserved.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-504, which pertained to applicability of regulations in the LM district and derived from Code 1952, § 9230.320; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-782, § 1, adopted Feb. 15, 1965.

Sec. 41-505. - Reserved.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-505, which pertained to the purpose of the LM district and derived from Code 1952, § 9230.320; Ord. No. NS-455, § 1, adopted June 20, 1960; Ord. No. NS-782, § 1, adopted Feb. 15, 1965; and Ord. No. NS-1970, § 1, adopted Aug. 1, 1988.

Sec. 41-506. - Reserved.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-506, which pertained to the uses permitted in the LM district and derived from Code 1952, § 9230.322; Ord. No. NS455, § 1, adopted June 20, 1960; Ord. No. NS-782, § 1, adopted Feb. 15, 1965; Ord. No. NS-1036, § 9, adopted Sept. 8, 1970; Ord. No. NS-1123, § 9, adopted July 17, 1972; Ord. No. NS-1507, § 9, adopted

Nov. 19, 1979; Ord. No. NS-1732, § 45, adopted June 25, 1984; and Ord. No. NS-1970, § 2, adopted Aug. 1, 1988.

Sec. 41-507. - Reserved.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-507, which pertained to operational standards in the LM district and derived from Code 1952, § 9230.323; Ord. No. NS-455, § 1, adopted June 20, 1960; Ord. No. NS-782, § 1, adopted Feb. 15, 1965; Ord. No. NS-1721, § 3, adopted Apr. 2, 1984; and Ord. No. NS-1970, § 3, adopted Aug. 1, 1988.

Sec. 41-508. - Reserved.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-508, which pertained to building height in the LM district and derived from Code 1952, § 9230.324; Ord. No. NS-455, § 1, adopted June 20, 1960; Ord. No. NS-782, § 1, adopted Feb. 15, 1965; and Ord. No. NS-1970, § 4, adopted Aug. 1, 1988.

Sec. 41-509. - Reserved.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-509, which pertained to building site area in the LM district and derived from Ord. No. NS-553, § 15, adopted Dec. 4, 1961; Ord. No. NS-782, § 1, adopted Feb. 15, 1965; and Ord. No. NS-1970, § 5, adopted Aug. 1, 1988.

Sec. 41-510. - Reserved.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-510, which pertained to required yards in the LM district and derived from Code 1952, § 9230.326; Ord. No. NS-455, § 1, adopted June 20, 1960; Ord. No. NS-782, § 1, adopted Feb. 15, 1965; and Ord. No. NS-1970, § 6, adopted Aug. 1, 1988.

Sec. 41-511. - Reserved.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-511, which pertained to off-street parking in the LM district and derived from Code 1952, § 9230.327; Ord. No. NS455, § 1, adopted June 20, 1960; and Ord. No. NS-782, § 1, adopted Feb. 15, 1965.

Sec. 41-512. - Reserved.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-512, which pertained to landscaping in the LM district and derived from Ord. No. NS-1970, § 7, adopted Aug. 1, 1988.

Secs. 41-513—41-519. - Reserved. DIVISION 21. - C-SM (SOUTH MAIN STREET COMMERCIAL DISTRICT)

Sec. 41-520. - Applicability of division.

C-SM (South Main Street commercial district) district is specifically subject to the regulations contained in this division.

(Ord. No. NS-2420, § 2, 4-3-00)

The following uses are permitted in the C-SM district:

(a)

Retail and service uses.

(b)

Professional, business, and administrative offices.

(c)

Public parking lots and parking structures.

(d)

Animal hospitals and veterinarians.

(e)

Gymnasiums, health clubs, and martial arts studios.

(f)

Public utility structures, including electric distribution and transmission substations.

(g)

Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities.

(h)

Schools and studios operated for commercial or public purposes.

(i)

Daycare centers.

(j)

Art galleries, museums and exhibit halls.

(k)

Plant nurseries.

(l)

Theaters.

(m)

Furniture stores.

(n)

Youth amusement rides ancillary to grocery, general merchandise and department retail store uses.

(o)

Medical offices.

(Ord. No. NS-2420, § 2, 4-3-00; Ord. No. NS-2487, § 7, 2-4-02; Ord. No. NS-3035, § 12, 12-20-22; Ord. No. NS-3038, § 28, 2-7-23)

Sec. 41-522. - Uses subject to a conditional use permit in the C-SM district.

The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit:

(a)

Clubs, lodges and fraternal organizations.

(b)

Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in Section 41-521 of this chapter.

(c)

Hotels, motels, fraternity houses, residential care facilities (seven (7) or more occupants), and sorority houses.

(d)

Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses.

(e)

Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

(f)

Laundromats.

(g)

Banquet facilities, subject to development and operational standards set forth in Section 41-199.1 of this chapter.

(h)

Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1 of this chapter.

(i)

Automobile repair and automobile servicing.

(j)

Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(k)

Churches and accessory church buildings.

(l)

Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter.

(Ord. No. NS-2420, § 2, 4-3-00; Ord. No. NS-2445, § 7, 9-18-00; Ord. No. 2730, § 2, 12-18-06; Ord. No. NS-2931, § 10, 11-21-17; Ord. No. NS-2938, § 4, 2-20-18; Ord. No. NS-3033, § 5, 12-20-22; Ord. No. NS3038, § 29, 2-7-23; Ord. No. NS-3084, § 23, 9-16-25)

Sec. 41-523. - Operational standards.

(a)

All business activities in the C-SM district shall be conducted and located within an enclosed building, except as otherwise provided in section 41-195, and except that the following business activities, to the extent permitted under section 41-365 and section 41-365.5, may be conducted outside of an enclosed building:

(1)

Plant nurseries.

(2)

Recreational or entertainment uses.

(3)

Youth amusement rides.

(b)

No outside storage. Any and all storage of goods and supplies shall be located inside the building and limited to products sold at retail on the premises or utilized in the course of business within the building.

(c)

Public utility electric distribution and transmission substations shall be screened by a fence at least six (6) feet high, except as restricted by sections 36-45, 36-46, and 36-47 of this Code.

(d)

Youth amusement rides shall comply with the standards in section 41-366 for C1 districts.

(Ord. No. NS-2420, § 2, 4-3-00; Ord. No. NS-2487, § 8, 2-4-02)

Sec. 41-523.5. - Standards for automobile repair and automobile servicing in the C-SM district.

Automobile servicing and automobile repair are subject to the following requirements:

(1)

No outdoor overnight vehicle storage is permitted except as permitted by section 41-1302.

(2)

No auto repair or auto body activity within three hundred (300) feet of property zoned or used for residential purposes shall be conducted before 7:00 a.m. or after 9:00 p.m. on any day of the week.

(3)

Driveway access on through lots shall not be allowed onto streets primarily servicing property zoned or used for residential purposes.

(4)

Building elevations containing service or repair bays shall not face toward a public street or toward residential property if the elevations are within three hundred (300) feet of property zoned or used for residential purposes.

(5)

A six (6) foot high minimum masonry block wall shall be provided along side and rear property lines not abutting public streets. For properties where at least one C-SM zoned parcel is combined with at least one R2-B zoned parcel, a six (6) foot high minimum masonry block wall shall not be required along the property line between the C-SM and R2-B zoned parcels. Walls or fences excluding chain-link shall not exceed forty-two (42) inches high within fifteen (15) feet of public streets. If the site abuts a commercial

development, the planning manager may reduce or delete the wall requirement. Flowering vines should be planted at intervals along the wall to discourage graffiti.

(6)

Exterior building elevations facing public streets shall be a minimum of fifty (50) per cent of the storefront in clear glass.

(7)

Security fencing, if provided in addition to the perimeter masonry wall, shall be of a decorative design compatible with the masonry wall. All gates and fencing shall remain free of signs or other advertisements. Gates shall remain open during business hours and shall satisfy public works agency requirements for vehicular stacking.

(8)

Auto repair buildings shall be designed in consideration of the context of the site and area. The design shall complement and be compatible with the predominant architectural theme of the area or of the integrated development site if the auto repair facility is within such a development.

(Ord. No. NS-2730, § 3, 12-18-06)

Sec. 41-524. - Building height.

No structure shall exceed thirty-five (35) feet in height.

(Ord. No. NS-2420, § 2, 4-3-00)

Sec. 41-525. - Front yard setback requirement.

There shall be no front yard building setback allowed except for developments which provide outdoor dining areas subject to the approval of guidelines established by resolution of the city council.

(Ord. No. NS-2420, § 2, 4-3-00)

Sec. 41-526. - Side yard and building setback requirements.

There are no side yard requirements, except on corner lots with parking facing the side street, the side yard shall be not less than five (5) feet. Additionally, no part of a building above the first fifteen (15) feet in height may be located within twenty (20) feet of the vertical plane of a side lot line if the lot is contiguous to residentially zoned or used property on such side.

(Ord. No. NS-2420, § 2, 4-3-00)

There is no rear yard requirement, except that property abutting residentially zoned or used property shall have a rear yard landscape buffer of not less than five (5) feet where parking is provided. Additionally, no part of a building above the first fifteen (15) feet in height may be located within twenty (20) feet of the vertical plane of a rear lot line if the lot is contiguous to residentially zoned or used property on the rear.

(Ord. No. NS-2420, § 2, 4-3-00)

Sec. 41-528. - Landscaping requirements.

(a)

When no building is present on the site, a minimum five-foot landscaped area along the front property line shall be required for any proposed development.

(b)

A landscaped area not less than five (5) feet wide shall be maintained along any property line to the extent it serves to separate property zoned or used for residential purposes from any off-street parking area.

(c)

Vehicular parking may not be located within any required landscaped area.

(d)

Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council.

(e)

Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development.

(f)

Procedures for the approval and amendment of landscaping plans shall be established by the planning division.

(g)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(h)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-2420, § 2, 4-3-00; Ord. No. NS-2801, § 11, 12-23-09)

Sec. 41-529. - Lot size and lot frontage requirements.

Each lot, which is used for commercial purposes in the C-SM district, shall have at least six thousand (6,000) square feet of area and fifty (50) feet of street frontage.

(Ord. No. NS-2420, § 2, 4-3-00)

Off-street parking shall be provided in the manner prescribed in article XV of this chapter, except that required parking for any C-SM zoned parcel may be granted by the zoning administrator administratively, to be located within five hundred (500) feet of the C-SM use it serves. For zoning administrator consideration, an application shall be submitted in writing to the city planning department upon forms provided by the department and shall include the following:

(1)

A full statement of the special circumstances and conditions relied upon as grounds for the request. The statement shall address at a minimum, how meeting the minimum parking requirements for the proposed C-SM use on-site as prescribed in article XV of this chapter, would result in severe and unreasonable hardship for the property owner.

(2)

Documentation indicating sufficient off-street parking exits in the form of a parking lot or parking structure within five hundred (500) feet of the site which meets the minimum requirements for the proposed C-SM use as prescribed in article XV of this chapter.

(3)

Documentation indicating that the structure in the C-SM zone, for which the request is made, is designed, intended and used for nonresidential purposes.

(Ord. No. NS-2420, § 2, 4-3-00)

(a)

No walls or fences are permitted in the front yard areas, provided however, walls or fences may be permitted in approved dining areas and parking lots subject to the approval of guidelines established by resolution of the city council.

(b)

A minimum six-feet high solid masonry wall shall be provided along any property line abutting property used, zoned or designated within the city's general plan for residential purposes.

(c)

Wrought iron or similar architecturally compatible fencing may be used in all other applications provided such fencing does not exceed forty-eight (48) inches high within fifteen (15) feet of the front property line.

(Ord. No. NS-2420, § 2, 4-3-00)

Sec. 41-532. - Signage—South Main Street district.

The following sign regulations and guidelines shall apply in the Commercial South Main Street District only. The provisions of this section shall be applied in conjunction with chapter 41, article XI, "On-Premise Signs" of this Code, provided however, in the event of a conflict between the provisions within this section and the remainder of the City of Santa Ana Sign Ordinance as outlined in chapter 41, article XI, "On-Premise Signs," the provisions of this section shall prevail.

The number and area of signs as outlined in this section are intended to be maximum standards and do not necessarily insure architectural compatibility. As a result, in addition to the enumerated standards within this section, consideration shall be given to a sign's relationship to the overall design of the subject property and its given surroundings.

A planned sign program, pursuant to sections 41-880 through section 41-884 of this chapter, shall be required for all buildings with more than two (2) tenants to ensure signage compatibility for the building. Planned sign programs must complement the architecture of the building or commercial complex and are subject to the same approval process and review as a sign permit.

(a)

Definitions. The terms used in this section shall be construed as defined herein. Unless specifically defined in this section, all other terms shall have the same meaning as set forth in chapter 41, article XI of this Code.

(1)

Main sign. The largest single permitted sign on the leasable tenant space.

(2)

Blade/arcade sign. A type of projecting sign which is attached to the building and protrudes over the sidewalk area.

(3)

Mimetic sign. A symbol or ornament which provides a direct reference to the product being sold or the type of business activity at a given location.

(b)

Scope.

(1)

This section applies to all signs and advertising displays in the South Main Street commercial district.

(2)

This section does not apply to signs and advertising displays of the following types and descriptions:

a.

Any billboard or other off-premise commercial advertising sign regulated by article XII of this chapter.

b.

Any sign located in the public right-of-way and installed or maintained by the public works agency of the city or by any other public entity having the legal authority to maintain the sign.

c.

Any sign located within a building or enclosed area and designed to be viewed primarily by persons inside of such building or enclosed area.

d.

Any sign on a vehicle or other mobile unit, unless such vehicle or mobile unit is parked or stationed near a business activity advertised or identified by the sign and for the primary purpose of attracting public attention to such business activity.

e.

Any temporary sign taped or otherwise affixed to a window in such a manner as to be easily removed, provided that the total area of such sign in any one (1) window does not exceed twenty-five (25) per cent of the area of each window.

f.

Non-freestanding incidental sign area not exceeding two (2) square feet in size per elevation and attached flush to a door, wall or window containing information on hours of operation, deliveries, credit cards accepted, or similar information.

g.

The changing of copy on an approved changeable copy sign, provided the copy identifies the business or service provided.

(c)

Additional regulations. No sign is permitted that:

(1)

Is an A-frame, sandwich board or other portable, temporary advertising display.

(2)

Is temporary or special event flags, banners, festoons, flag canopies or other displays, except as permitted by a special event sign permit.

(3)

Is a sculptured, molded or otherwise fabricated representational object used for the purpose of visually conveying business identification or product advertising, except as approved by a planned sign program.

(4)

Is an aerial or balloon type of sign.

(5)

Conflicts with standards established by resolution of the city council pertaining to the colors and materials of signs adopted for the purpose of promoting signage, which is visually attractive and harmonious with its surroundings.

(6)

Duplicates or repeats copy on the same sign.

(7)

Is a graphic of paint or other material on a building for the purpose of amplifying or directing attention to a sign, unless approved by the planning director.

(8)

Advertises or directs a use not being made on the premises where such sign is displayed or which identifies a product, activity, interest, service or entertainment not available on the premises where such sign is displayed. Any such sign shall be immediately removed at the time the use, product, activity, interest, service or entertainment is no longer made or available on the premises.

(d)

Main signs. Each leasable tenant space shall be limited to one (1) main sign from the following signage types. However, all businesses within the same building or complex of buildings shall use the same sign type.

All main signs must comply at a minimum, with the following general design criteria:

• All individual letter signs shall be installed to appear flush-mounted with no exposed raceways containing electrical transformers or components.

• All signs shall be for business identification containing the recognized trade name of the business only.

• No sign shall use mirrors reflecting a direct light source or utilize flashing, blinking or sequenced lights.

• Internally illuminated cabinet wall signs are strictly prohibited.

• The top of any main sign shall not be higher than the building on which it is located and in no event higher than twenty-eight (28) feet.

(1)

Projecting signs.

a.

Awning signs. Signs can be applied to awnings according to the following criteria:

(i)

Letters shall be a maximum of fourteen (14) inches and located on the front face or any valance element of the awning. The sign area shall not exceed twenty (20) per cent of the total awning area with a maximum area equal to one (1) square foot per linear foot of awning width.

(ii)

A logo may be incorporated into the sign, with additional sign area allowed, provided the total sign does not exceed thirty (30) per cent of the total awning area with a maximum of one and one-half (1½) square feet per linear foot of awning width.

(iii)

Letters and logos shall be sewn or silk-screened onto the awnings in an approved contrasting color.

(iv)

Each awning that is separated by a distance of at least eight (8) inches may contain an identical sign except

that the size of the sign shall be determined by the width of each separate awning. The combination of such signs shall be deemed as one (1) sign for purposes of this section; provided however, the aggregate dimensions of the combination of signs shall comply with the criteria set forth in subsection (i) above.

(v)

No plastic awning signs shall be permitted.

(vi)

No internally illuminated awning signs shall be permitted.

b.

Blade/arcade signs. The following requirements will apply when blade or arcade signs are used:

(i)

The maximum volume allowed shall be nine (9) cubic/square feet. The sign shall not exceed three (3) feet in any one (1) direction. The volume/dimensions used to determine size shall not include the bracket or suspension structure.

(ii)

Acceptable materials include painted, polished and patina metal; painted and stained wood; glass; and inlaid stone.

(iii)

The lowest point of any blade/arcade sign must be eight (8) feet above any pedestrian walkway.

(iv)

The bracket design shall be integrally planned and detailed and shall be highly ornamental in nature. Brackets shall be consistent throughout their use on any particular building.

(v)

One (1) blade/arcade sign may be located at each customer entrance. Each sign must be identical and the combination of such signs shall be deemed as one for the purposes of this section; provided however, the aggregate dimensions of the combination of signs shall comply with the criteria set forth in subsection (i) above.

(vi)

Small scale "mimetic" blade/arcade signs (e.g. barber shop pole) are encouraged where appropriate architecturally in addition to one (1) blade/arcade sign. Final design approval is at the discretion of the planning manager. The combination of such signs shall be deemed as one for the purposes of this section.

(2)

Flush-mounted signs.

a.

Individual letter wall signs. The following criteria will apply when individual letters are used:

(i)

Individual letters shall not exceed fourteen (14) inches in height, with the first letter capitals at a maximum height of sixteen (16) inches.

(ii)

No more than one (1) wall sign shall be permitted for each primary elevation of a leasable tenant space.

(iii)

Signs using individual letters shall not exceed in length, two-thirds (⅔) of the overall length of the storefront.

(iv)

Signs shall not exceed a maximum of one (1) square foot per linear foot of the building frontage with a maximum of fifty (50) square feet.

b.

Permanent signs on glazing. Lettering and logos may be applied directly on glazed areas in accordance with the following requirements:

(i)

Signs on glazing shall be limited to the first floor of buildings.

(ii)

Letters are to be a maximum of ten (10) inches.

(iii)

The total area of the sign shall be no greater than forty (40) per cent of the total glazed area upon which it is applied or fifteen (15) square feet, whichever is smaller.

(iv)

Acceptable sign techniques are sandblasted or etched glass, professionally painted lettering, professionally or custom fabricated and applied vinyl, metal leaf and stained glass.

(v)

Each glazed area on either side of a customer entrance may contain an identical sign. The combination of such signs shall be deemed as one (1) for the purposes of this section.

c.

Exposed neon. Exposed neon signs may only be used in conjunction with food and entertainment uses. Where used, the following criteria must be met:

(i)

The use of exposed neon is limited to main signs only.

(ii)

Neon, fiber optics and other high-intensity signs, which exhibit glare and high contrast with their surroundings, are discouraged. Additional lighting may be required to adjust the ambient light background of the proposal.

(iii)

Signs shall not exceed the maximum area of one (1) square foot per linear foot of building frontage with a maximum of fifty (50) square feet.

d.

Plaque signs/fascia panel. The following requirements apply:

(i)

The length of the fascia panel/plaque shall be a maximum of two-thirds (⅔) of the overall storefront.

(ii)

The height of individual letters shall not exceed fourteen (14) inches, with the first letter capitals a maximum of sixteen (16) inches.

(iii)

The plaque/fascia panel design and finish shall be integrated with the storefront design.

(iv)

Individual letters shall not exceed seven (7) inches in depth from the face of the surface upon which they are mounted.

(v)

Acceptable materials include cast stone, wood and metal panels with individual metal and wood letters, neon and custom tile.

(vi)

Letters may be no closer than six (6) inches from the edge of the plaque/fascia panel.

(vii)

The fascia panel shall not exceed a maximum area of one (1) square foot per lineal foot of the building frontage with a maximum of fifty (50) square feet.

(e)

Freestanding signs. Freestanding signs shall be permitted in the South Main Street commercial district as follows:

(1)

Number. No more than one (1) freestanding sign shall be permitted on an integrated development site. A minimum of one hundred (100) feet of street frontage shall be required for a freestanding sign.

(2)

Location.

a.

No freestanding sign shall be permitted on any site which does not have street frontage.

b.

A freestanding sign shall be located only in a landscaped planter, with such planter not less than four (4) feet in any direction from the edge of the planter to the sign. The planning manager may reduce the amount of required landscaping for freestanding signs on sites with legal nonconforming landscaped setbacks. No sign shall obstruct or remove any required landscape materials.

c.

No freestanding sign shall be placed closer than twenty-five (25) feet to a side lot line.

d.

No freestanding sign for a commercial use shall be placed within fifty (50) feet of land used, zoned, or designated on the general plan for residential purposes on the same street frontage as the proposed sign.

e.

No freestanding sign shall be located in the triangular area(s) measured fifteen (15) feet by fifteen (15) feet where a driveway enters onto a street, or in any other area which may obstruct the vision of motorists so as to create a safety hazard. Additionally, all signs are subject to sections 36-45 to 36-47 of this Code regarding obstructions to vision at corner intersections.

(3)

Height and area. Freestanding signs shall not exceed five (5) feet in overall height from curb level unless otherwise stated in this section. The sign face area shall not exceed twelve (12) square feet.

(4)

Design.

a.

All signs shall be architecturally compatible with the development on which they are located. Materials and features present in the architecture of the development should be replicated in the design of the freestanding sign. Both solid base or pole base designs are allowed provided the design is architecturally compatible with the development. Final design approval is at the discretion of the planning manager.

b.

The copy area of a freestanding sign shall not exceed forty (40) per cent of the sign face.

c.

Freestanding signs shall be for the development name only, not to exceed a total of five (5) items of information.

d.

No sign shall use mirrors reflecting a direct light source or utilize flashing, blinking or sequenced lights. No sign shall utilize unshielded incandescent, fluorescent or other lighting, except neon.

(f)

Special event signs or displays. No person shall install or maintain or allow to be installed or maintained on property occupied by such person any special event sign or display, except in accordance with the following requirements.

(1)

The special event sign or display shall be installed and maintained in accordance with a permit issued by the zoning administrator, who may approve, approve with conditions, or deny such permit.

(2)

The special event sign or display shall not be maintained for more than fourteen (14) successive days,

except that grand opening signs shall be permitted for a period not to exceed thirty (30) days. Further, sign permits for grand openings shall be permitted for a period not to exceed thirty (30) days from the date the certificate of occupancy of the business is issued.

(3)

No more than four (4) special event sign permits, including grand opening signs, shall be issued for each business with a valid certificate of occupancy during each calendar year.

(4)

Such special event sign or display shall include no more than banners and parking lot light pole flag displays and shall not include flag canopies, aerial signs or freestanding signs.

(5)

The special event banner sign shall not exceed thirty-six (36) square feet in area and shall not exceed eighteen (18) feet in length.

(Ord. No. NS-2420, § 2, 4-3-00)

Secs. 41-533—41-536. - Reserved.

DIVISION 22. - PCD (PLANNED COMMUNITY DEVELOPMENT)

Sec. 41-537. - Applicability of division.

PCD (planned community development) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.360; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-538. - Purpose.

As part of the general plan of community development of the city, the purpose of this district is to encourage, preserve and improve the health, safety and general welfare of the people of the city by encouraging the use of contemporary land planning principles and coordinated community design.

The planned community development district is created in recognition of the economic and cultural advantages that will accrue to the residents of an integrated, planned community development of sufficient size to provide related areas for various housing types; retail and service activities; industrial operations; recreation, school, public facilities; and other uses of land. This district is designed for use where the area comprising such development project is under single ownership at the time of its classification of this district.

(Code 1952, § 9230,361; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-539. - Minimum PCD area.

To be reclassified to the PCD district an area shall contain not less than five hundred (500) contiguous acres under single ownership or controlled by a single entity at the time of application and until the effective date of the ordinance approving the proposed general plan of development.

An area of less than five hundred (500) contiguous acres may be added to an existing PCD district provided said land is made a part of the original general plan of development in all respects prior to its incorporation into said district by way of amendment of the general plan of development as provided in section 41-540. "Contiguous" shall mean having a common boundary with or physically so located that in the opinion of the city council said additional area bears a significant relationship to the approved and adopted general plan of development.

(Code 1952, § 9230.362; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-540. - Procedure for reclassification to PCD district.

In addition to the procedure outlined in section 41-659 through section 41-667, there shall be provided by the applicant, prior to the acceptance of the petition for reclassification by the planning department, a general plan of development. Said general plan of development shall consist of maps, descriptive statements of objectives, principles and standards used in its formulation, and shall include the following components:

(1)

Land use component.

(2)

Circulation component.

(3)

Population component.

(4)

Subdivision design component.

(5)

Services and facilities component.

(6)

Construction order component.

The general plan of development may also include additional components.

(Code 1952, § 9230.363; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62; Ord. No. NS-2356, § 1, 7-6-98)

Sec. 41-541. - Land use component.

A land use component shall consist of a map or maps, setting forth the distribution, location and extent of the acres of land devoted to each category of land use proposed as part of the general plan of development. Such uses may include single-family residential, two (2) family residential, three (3) or more family residential, mixed types of residential; neighborhood retail shopping facilities, community retail shopping facilities, regional retail shopping facilities, office facilities, service facilities; wholesale or goodsdistribution facilities; general types of industrial facilities; education, religious, recreation, public and semipublic facilities; or other categories of public or private uses of land. Said component shall also contain a descriptive statement of objectives, principles and standards used for its formulation.

(Code 1952, § 9230.364; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-542. - Circulation component.

A circulation component shall consist of a map or maps, setting forth the general location and extent of all transportation facilities proposed as part of the general plan of development. Such facilities may include major and local thoroughfares, transportation routes, terminals, heliports; and the delineation of such systems on the land; one-way street systems; grade separations; divided roads; left-turn lanes; subways; monorail routes; and such other matters as may be related to the provision for the circulation of traffic within the planned community related to the land use component. Said circulation component shall include a designation of proposed street widths. Said component shall also contain a descriptive statement of objectives, principles and standards used for its formulation.

(Code 1952, § 9230.365; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-543. - Population component.

A population component shall contain a descriptive statement of the standards of population density and building intensity for the various proposed land uses, including estimates of future population characteristics and change within the planned community correlated with the other components of the general plan of development. The supporting data shall include, but not be limited to, dwelling (housing) units per acre for the various residential uses proposed; and square footage by type for the various offices and retail facilities including sufficient data to calculate traffic generation, parking requirements, water consumption, sewerage needs and the necessary capacity of related utilities and services, traditionally rendered by public or private organizations for a population of such size, as is projected for the completed, planned community.

(Code 1952, § 9230.366; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-544. - Subdivision design component.

A subdivision design component shall contain a descriptive statement of the principles governing the proposed subdivision of land or air including lot design for various proposed land uses. This component shall be in sufficient detail so that it can serve as the basis for determining the conformity of any site plan to the general plan of development.

(Code 1952, § 9230.367; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-545. - Services and facilities component.

A services and facilities component shall contain a map or maps setting forth the general location and extent of any and all existing and proposed systems for sewerage, domestic water supply and distribution, refuse disposal, drainage, local utilities and any rights-of-way, easements, facilities and appurtenances necessary therefor. Said component shall also contain a descriptive statement setting forth objectives, principles and standards used for its formulation, as well as a detailed statement describing the proposed ownership, method of operation, and maintenance of each such service and facility.

(Code 1952, § 9230.368; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-546. - Construction order component.

A construction order component shall contain a map or maps setting forth the proposed chronological order of construction relating each proposed use and structure to the construction of the various services and facilities as may be required herein or as part of the general plan of development. Said component shall include estimated completion dates and shall specify the proposed order of request for utility release or other authority to occupy completed structures so as to provide a basis for determining the adequacy of the related services and facilities for each separate construction phase.

(Code 1952, § 9230.369; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-547. - Additional components.

The general plan of development may include any additional components including, but not limited to, an economic feasibility study or an economic benefits analysis if either of such is considered necessary by the applicant or required by the planning commission or city council for the physical development of the project or to aid in evaluating the impact and effect on other existing or proposed facilities and services of the city; a recreation component; public buildings component providing consideration for administrative and public safety quarters; and any others required, depending upon the nature of the particular proposed development.

(Code 1952, § 9230.370; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-548. - Maps and reports.

The general plan of development shall include supporting maps drawn to scale, diagrams, charts, descriptions, reports and explanation of methods utilized in its formulation.

(Code 1952, § 9230.371; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-549. - Reports from city departments.

Prior to submission of a proposed general plan of development to the planning commission, the plan shall be referred to the department of public works, department of building safety, fire department, police department, recreation and parks department and library department. Each of said departments shall submit to the planning department a written evaluation and report concerning those aspects of the proposed plan which concern the particular department. Said reports shall be forwarded along with the plan to the planning commission and city council.

(Code 1952, § 9230.372; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-550. - Method of adoption of the general plan of development.

Public notification of the hearing on the general plan of development shall be incorporated into the notice of proposed reclassification as required in sections 41-659 through 41-667. Specific mention of any proposed modification or amendment of any other ordinance of this city or section of this Code shall be included in said notice.

Action by the planning commission and city council on the request for reclassification may be concurrent with but shall not precede the adoption of the entire general plan of development. Said plan as presented may be approved, modified, conditionally approved or rejected in part or in entirety by the planning commission and the city council. The action of the planning commission on the request for reclassification and on the general plan of development shall be advisory only but shall include recommended conditions of approval of the general plan of development.

(Code 1952, § 9230,373; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-551. - Method of amendment of general plan of development.

Any amendment or substantial change of the adopted general plan of development shall proceed as prescribed in section 41-550.

(Code 1952, § 9230.374; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-552. - Bonding to assure conformance to general plan of development and agreements.

To assure that any improvements specified as part of the general plan of development or as a necessary prerequisite to the utility release or authority to use or occupy any area or structure completed under the terms of said plan or each phase as outlined in the construction order component, or any agreements executed by the city council according to the provisions of this chapter, a corporate surety bond or cash bond must be furnished guaranteeing the faithful performance of the work or agreements and the payment of any costs to the city in a sum equal to the total as recommended by the department of public works and approved by the city council.

(Code 1952, § 9230.375; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-553. - Approval of surety bonds by city council.

Prior to certification of the site plans as required in section 41-555, the department of public works shall determine the amount of corporate surety bond or cash bond as required by section 41-552, and submit said amount to the city council for approval.

Said corporate surety bond or cash bond shall cover each separate facility or utility required as part of each phase of development as outlined in the approved construction order component of the general plan of development. Provided, however, part of the corporate surety bond, or cash bond amount may be released when any specific part of each phase is completed, upon recommendation of the department of public works and the approval of the city council.

(Code 1952, § 9230.376; Ord. No. NS-455, § 1, 6-2060; Ord. No. NS-599, § 1, 8-20-62)

Secs. 41-554, 41-555. - Reserved.

Editor's note— Ord. No. NS-1700, § 3, enacted Nov. 21, 1983, repealed §§ 41-554 and 41-555, relative to site plans. Said sections were derived from Code 1952, §§ 9230.377, 9230.378; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-599, § 1, adopted Aug. 20, 1962.

Sec. 41-556. - Conflict with other ordinances.

In the event of conflict between the provisions of this chapter and any provisions of chapters 27 or 34 of this Code; or conflict between a clearly specified detail of the adopted general plan of development and provisions of chapters 27 and 34 of this Code; or any combination of the above, then the provisions of the ordinance approving or adopting the general plan of development enacted by the city council shall govern if, and only if:

(1)

The notice of public hearing as required herein states the nature of the conflict, the identification of the Municipal Code section with which there is conflict, and the extent to which it is proposed to modify said section; and

(2)

The ordinance enacted by the city council approving or adopting the general plan of development makes specific reference to the extent to which any specific Municipal Code section is modified.

(Code 1952, § 9230.379; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-557. - Effect of minimum area requirements on conveyed lots or building sites.

In the event any real property in the adopted general plan of development is conveyed in total or in part after adoption of said general plan of development as long as the property remains zoned PCD, the buyers thereof shall be bound by the provisions of this chapter and the adopted general plan of development. However, nothing herein shall be construed to create nonconforming lots, building sites, buildings, or uses by virtue of any such conveyance of lot, building site, building or part of the development credited in conformance with said plan. Subsequent structural additions or alterations may be made provided the provisions of this chapter and other ordinances are adhered to, to the extent that said ordinances may apply.

(Code 1952, § 9230.380; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-558. - Subdivision of territory of general plan of development.

In the event the subdivision of all or part of the territory within the boundaries of the adopted and recorded general plan of development is proposed or required by law, the provisions of section 41-554 may be excluded as part of the site plan provided they are required by and submitted as part of the subdivision procedure as required by the subdivision regulations of this city, chapter 34 of this Code.

(Code 1952, § 9230.381; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-559. - Specific exceptions.

Since developments of the scope allowed by this district were not contemplated prior to the passage of certain regulatory sections contained in this chapter and chapters 27 and 34 of this Code, the following specific deviations are allowed if specifically stated on the approved and adopted plan with reference to the conflicting Municipal Code section as provided for herein.

(Code 1952, § 9230.382; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-560. - Connection to city waterlines or alternative.

In the event the city is, in the opinion of the city council, unable for any reason to provide speedy and direct connection to city domestic water facilities, an alternative facility may be approved by the city council provided an agreement is entered into between the owner of the alternative domestic water system and the city council assuring that its construction, operation and maintenance are to city standards.

(Code 1952, § 9230.382.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-561. - Connection to city sewers or alternative.

In the event the city is, in the opinion of the city council, unable for any reason to provide speedy and direct connection to the city sewerage system, an alternative system may be approved by the city council provided an agreement is entered into between the owner of the alternative sewerage system and the city council assuring its construction, operation and maintenance are to city standards.

(Code 1952, § 9230.382.2; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-562. - Street width.

The minimum width of streets may be less than sixty (60) feet, provided:

(1)

The proposed street width is clearly specified on the general plan of development.

(2)

Sufficient data is submitted as part of the required components of the general plan of development to determine that the proposed street width is sufficient to accommodate anticipated traffic volume.

(Code 1952, § 9230.382.3; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-563. - Private streets.

Whenever such intent does not contradict the provisions of this chapter or chapters 27 and 34 as they relate to the streets and highways element of the city's general plan of community development or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in this chapter, streets which are intended to be kept continuously closed to public travel or are at all times posted as private streets may be so shown upon a final map of subdivision, provided an agreement is entered into between the owner of said private streets and the city council assuring their construction, operation and maintenance are to city standards.

(Code 1952, § 9230.382.4; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-564. - Cul-de-sac length.

The length of cul-de-sac streets may exceed five hundred (500) feet, but in no case thirteen hundred (1,300) feet, provided:

(1)

Through property easements are provided to allow the looping of domestic water and sewer lines to the satisfaction of the director of public works; and

(2)

Through property easements to the nearest accessible street are provided sufficient for the movement of public safety vehicles on instant demand and such vehicular route is so maintained as to remain passable at all times.

(Code 1952, § 9230.382.5; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-565. - Recreation use areas and buildings.

In the event certain land areas and buildings are provided within the planned community for private recreational use, the owner of such land and buildings shall enter into an agreement with the city council to assure the continued operation and maintenance to a predetermined reasonable standard.

(Code 1952, § 9230.383; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-566. - Reclassification from the PCD district.

Any application for reclassification from the PCD district to any other district contained within this chapter or hereafter enacted shall be deemed and construed to be a proposed amendment to the adopted general plan of development. Said application shall be processed as prescribed in section 41-551.

(Code 1952, § 9230.384; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-567. - Uses permitted in the PCD district.

Unless otherwise prohibited by law within the city, any use of land or buildings which is clearly designated by type or category on the approved and adopted general plan of development and subsequently approved site plans, shall be permitted in the PCD district.

(Code 1952, § 9230.385; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62; Ord. No. NS-1036, § 10, 9-8-70; Ord. No. NS-1732, § 46, 6-25-84)

Sec. 41-568. - Height limitations.

All property within the PCD district is declared to be in height district I.

(1)

No building or structure shall exceed thirty-five (35) feet in overall height on any lot or area designated for residential use in the adopted general plan of development.

(2)

On any lot or portion thereof or area, designated for professional, commercial, industrial, or other nonresidential land use in the adopted general plan of development, no building or structure shall exceed thirty-five (35) feet in height within one hundred forty (140) feet of property designated for residential land use on the adopted general plan of development.

(3)

Should paragraph (2) above be met, any lot or area designated for professional, commercial, industrial or other nonresidential land use in the adopted general plan of development may exceed thirty-five (35) feet in height provided such building or structure has four (4) lineal feet of setback for each one (1) foot of building height measured from subject building to any property or area designated for residential land use in the adopted general plan of development.

(4)

Should paragraphs (2) and (3) above be met, there shall be provided and maintained on the property in question a fifteen (15) foot landscaped strip along any abutting property line or area boundaries delimiting residential land use in the adopted general plan of development. Said fifteen (15) foot landscaped strip shall include not less than one (1) tree for every ten (10) lineal feet of landscaped strip and said tree shall be not less than ten (10) feet in height at time of planting; trees to be of any of the species as set forth in section 41-602.

(Code 1952, § 9230.386; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-569. - Required yard; determination as related to private streets.

Required yards shall be measured from the nearest wall of the main building to the street line or alley line of said private travel way.

(Code 1952, § 9230.387; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-570. - Front yard, residential.

There shall be a front yard of not less than ten (10) feet on all residential lots or building sites.

(Code 1952, § 9230.388; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-571. - Side yard; residential.

There shall be a side yard of not less than ten (10) feet on all residential lots or building sites unless the main structure is constructed flush against a similar structure on an adjacent lot or site. On corner lots or building sites the side yard on the street side shall be not less than ten (10) feet; or there shall be a total combined side yard of not less than twenty (20) feet on each residential lot or building site allowing a minimum of zero (0) feet in one side yard. In no case shall there be less than a ten (10) foot side yard on the street side of a corner lot.

(Code 1952, § 9230.389; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-572. - Rear yard, residential.

There shall be a rear yard of not less than ten (10) feet on all residential lots or building sites unless the required front yard is increased a distance equivalent to the same reduction in rear yard, thereby resulting in a possible zero (0) foot rear yard.

(Code 1952, § 9230.390; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-573. - Exception to yard provisions.

In any area designated on the adopted general plan of development for combination residential and commercial uses on the same lot or building site, the front and side yards required for residential uses may be waived when such residential uses are erected above the ground floor of a building in which the ground floor is used exclusively for nonresidential purposes.

(Code 1952, § 9230.391; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-574. - All yards; nonresidential.

There are no yard requirements, except that there shall be a yard of not less than ten (10) feet on all street sides of all lots or building sites used for nonresidential purposes. Said required yards shall be landscaped and maintained.

(Code 1952, § 9230.392; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-575. - Maximum residential lot or building site coverage.

The following maximum lot coverage shall be applied to multiple-family residential land use categories designated on the adopted general plan of development:

Not more than fifty (50) per cent of the total lot area shall be devoted to main and accessory building area, driveways, open or enclosed parking areas and covered patios. The remaining fifty (50) per cent of the total lot area shall be devoted to landscaping; lawn area; noncommercial outdoor recreational facilities incidental to the residential development, such as private swimming pools, putting greens and tennis courts; walkways, uncovered patio areas; fences and necessary fire-fighting equipment and installations; further,

the open space required by this section shall be arranged and provided in such a manner that it is accessible and usable for the purpose intended herein. Said open space shall not be devoted to commercial agricultural pursuits or any other activity in conflict with the stated purpose of this district. For purposes of the calculations required by this section, private streets shall not be included in total lot or building site area.

(Code 1952, § 9230.393; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Sec. 41-576. - Nonresidential land use operational standards.

All uses of property designated on the approved and recorded general plan of development or subsequently approved site plans shall be operated and conducted in full compliance with the operational standards section of the most restrictive commercial or industrial district in which said specific use is permitted by article III of this chapter.

(Code 1952, § 9230.394; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— The text must be read in conjunction with the division heading.

Sec. 41-577. - Off-street parking.

Off-street parking and loading shall be provided in the manner and number prescribed by article XV of this chapter. However, of the off-street parking required by article XV, not less than one (1) parking space per dwelling unit shall be a covered parking stall; that is, said stall shall be in a carport or garage.

(Code 1952, § 9230.395; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62; Ord. No. NS-3044, § 19, 6-20-23)

Editor's note— The text must be read in conjunction with the division heading.

Sec. 41-578. - Reserved.

Editor's note— Ord. No. NS-1721, § 5, enacted April 2, 1984, repealed § 41-578, relative to signs in PCD districts. Said section was derived from Code 1952, § 9230.396; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-599, § 1, adopted Aug. 20, 1962.

Sec. 41-579. - Accessory buildings.

Accessory buildings to be constructed on any lot or building site in any area designated on the adopted general plan of development for residential development shall comply with section 41-603.

(Code 1952, § 9230.397; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— The text must be read in conjunction with the division heading.

Sec. 41-580. - Minimum gross floor area.

The following uses shall be subject to the following minimum square feet of gross floor area per dwellings unit, exclusive of garages, carports and unenclosed porches and patios:

(1)

Bachelor apartment: Four hundred and fifty (450) square feet.

(2)

One-bedroom apartment: Six hundred and fifty (650) square feet.

(3)

Two or more bedroom apartment: Eight hundred (800) square feet and one hundred (100) square feet for each bedroom in excess of two (2).

(Code 1952, § 9230.398; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— The text must be read in conjunction with the division heading.

Sec. 41-581. - Interpretation of district provisions.

Whenever a question arises concerning the interpretation of any section of this district it shall be the duty of the planning director to ascertain all facts concerning said question and forward all data to the planning commission for a recommendation and then to the city council for a determination.

(Code 1952, § 9230.399; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— The text must be read in conjunction with the division heading.

DIVISION 23. - O (OPEN SPACE LAND)

Sec. 41-582. - Applicability of division.

O (open space land) districts are specifically subject to the regulations contained in this division.

(Ord. No. NS-998, § 1, 2-2-70; Ord. No. NS-1191, § 1, 11-19-73)

Sec. 41-583. - Purpose.

The purpose of the O District is to provide for permanent open spaces in the city.

(Ord. No. NS-998, § 1, 2-2-70; Ord. No. NS-1191, § 1, 11-19-73)

Sec. 41-584. - Uses permitted in the O district.

The following uses are permitted in the O District:

(a)

Open-air recreational and entertainment uses, including bike or bridle trails, and buildings and uses accessory thereto.

(b)

Government buildings, school buildings and facilities, public utility facilities, quasi-public and service facilities, flood-control structures, and uses accessory thereto.

(Ord. No. NS-998, § 1, 2-2-70; Ord. No. NS-1191, § 1, 11-19-73; Ord. No. NS-1732, § 48, 6-25-84; Ord. No. NS-2058, § 6, 5-7-90)

Sec. 41-584.5. - Uses subject to a conditional use permit in the O district.

The following uses may be permitted in the O district subject to the issuance of a conditional use permit:

(a)

Community gardens operated by a non-profit organizations.

(b)

Production greenhouses and nurseries with no retail sales.

(c)

Interpretive centers.

(Ord. No. NS-2511, § 3, 9-3-02)

Sec. 41-585. - Reserved.

Editor's note— Ord. No. NS-2058, § 7, adopted May 7, 1990, repealed former § 41-585, which pertained to uses prohibited in the O District and derived from Ord. No. NS-998, § 1, adopted Feb. 2, 1970, and Ord. No. NS-1191, § 1, adopted Nov. 19, 1973.

Sec. 41-586. - Building height.

There is no limitation on building height.

(Ord. No. NS-998, § 1, 2-2-70; Ord. No. NS-1191, § 1, 11-19-73)

Sec. 41-587. - Yard requirements.

There are no yard requirements.

(Ord. No. NS-998, § 1, 2-2-70; Ord. No. NS-1191, § 1, 11-19-73)

DIVISION 24. - PRD (PLANNED RESIDENTIAL DEVELOPMENT)

Sec. 41-588. - Applicability of division.

PRD (planned residential development) suffixes are specifically subject to the regulations contained in this division.

(Ord. No. NS-1112, § 1, 4-3-72)

Sec. 41-589. - Description and purposes.

The RE (residential-estate), R1 (single-family residence), R2 (multiple-family residence), R3 (medium-density multiple-family residence), R3H (high-density multiple-family residence), R4 (suburban apartment), CR (commercial-residential), and P (professional) Districts may be modified at the time the zoning is first established or by amendment by adding to the district designation "PRD." The intent and purpose of the Planned Residential Development District is to allow a development planned and designed as a unit to produce an environment of stable, desirable character not out of harmony with its surrounding neighborhood and which meets standards of density, open space, light and air, pedestrian and vehicular access, and traffic circulation no greater than the regulations to which the "PRD" suffix is combined.

(Ord. No. NS-1112, § 1, 4-3-72)

Sec. 41-590. - Conditional use permit required.

Any development, use or division of property within a PRD modified district classification, even though such development, use or division of said property may conform to the base zone to which the PRD modified district may be suffixed, requires the filing and approval of a conditional use permit.

(Ord. No. NS-1112, § 1, 4-3-72; Ord. No. NS-1186, § 3, 10-1-73; Ord. No. NS-1228, § 1, 2-18-75; Ord. No. NS-1700, § 5, 11-21-83)

Due to the complexity of planned residential developments, it is illogical and impractical to define herein an exact pattern for the arrangement of group dwellings for a parcel involving two (2) or more main dwellings; however, it is the intent of this district to provide a functional and nonmonotonous orientation of buildings with a maximum of open space around each main building consisting of courts, parkways, and patio areas, all oriented so as to provide separation of vehicular traffic from play areas and recreational area[s] for children and adults.

Further, in order to more clearly define the intent of this district, there shall be on file in the office of the planning department illustrations entitled "Guides to Planned Residential Development." Said illustrations shall be approved by resolution by the planning commission and city council and shall show the desirable arrangement of buildings and open space, but are not designs which must be copied in order to secure approval of development plans as required by the provisions of the Planned Residential Development District. The following contemporary site design standards of principles are designed to provide assistance to the applicant:

(a)

The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships and shall conform in all respects to all adopted plans of all governmental agencies for the area in which the proposed development is located.

(b)

The plan shall provide for adequate open space, circulation, off-street parking and pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated, oriented and related to the landscape features of the site.

(c)

The proposed development shall be compatible with the general plan of land used and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood and community.

(d)

The internal street system shall not be a dominant feature in the overall design, rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.

(e)

Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the dwelling units and shall be well related to any common open space provided.

(f)

Architectural harmony within the development and within the neighborhood and community shall be obtained so far as is practicable.

(g)

The number of dwelling units shall be as indicated by the base district.

(h)

No more than fifty (50) per cent of the total lot area shall be devoted to main and accessory building area, driveways, open or enclosed parking areas and covered patios. The remaining fifty (50) per cent of the total lot area shall be devoted to landscaping; lawn area; noncommercial outdoor recreational facilities incidental to the residential developments such as private swimming pools; putting greens and tennis courts; walkways; uncovered patio areas; fences; and necessary fire-fighting equipment and installations. Further, the open space required by this section shall be arranged and provided in such a manner that it is accessible and usable for the purpose intended herein. Said open space shall not be devoted to commercial agricultural pursuits or any other activity in conflict with the stated purpose of this section and district.

(i)

Only television and radio antennas which are located indoors or which are designed to serve all the occupants of the development shall be permitted.

(j)

All usable open space not occupied by recreational facilities shall be densely landscaped and provided with a permanent underground irrigation system.

(k)

All streets, alleys, walkways, and parking areas within the development which are not dedicated to public use shall be improved in accordance with improvement standards established by the department of public works and to widths as determined by section 34-165 relating to private street standards for planned residential development. Provisions acceptable to the city shall be made for the preservation and maintenance of all such streets, alleys, walkways and parking areas. All streets within a planned residential development shall provide adequate vehicular circulation for the development and for the area in which it is located. The vehicular circulation and the pedestrian circulation within a planned residential development shall be separated. A partial waiver of this requirement may be granted by the planning commission if it is determined that such partial waiver will not be inconsistent with adequate standards of pedestrian and vehicular circulation for the development and for the area in which it is located.

(l)

The maximum building height and number of stories permitted shall not exceed the building height and number of stories permitted in the base district. However, the planning commission shall have the right to limit the number of stories in any or all of the buildings in a planned development, the base district regulations notwithstanding, when it finds that existing or proposed developments on adjacent properties, or properties across a street or alley, would be adversely affected unless such a limitation were imposed.

(m)

Off-street parking shall be provided for each such development in compliance with section 41-617(b) and with the following additional requirements:

(1)

A one-vehicle garage shall be provided for each bachelor or one-bedroom unit. A two-vehicle garage shall be provided for each dwelling unit having two (2) or more bedrooms. Carports may be provided in lieu of garages if twenty-five (25) per cent or more of the total dwelling units are provided either for sale or lease as "affordable" units, as defined in the housing element of the general plan.

(2)

Guest parking spaces may be uncovered and shall be so located as to be accessible to visitors and guests.

(3)

The required parking spaces, garages or carports, or any portions thereof, may be grouped when it is determined by the planning commission that such grouping and the location thereof will be accessible and useful in connection with the proposed dwelling units in the development.

(n)

The site in question for a planned residential development must be large enough to effectively carry out the intent and purposes of the planned residential development as stated in this division.

(o)

When a planned residential development is to be divided for sale, lease or financing through the subdivision of said development, the provisions of section 34-57(1), Subdivisions, may be waived. A letter requesting waiver of the requirements of section 34-57(1) shall accompany the conditional use permit application and shall include a statement or supporting reason for said waiver request. Said waiver may only be granted in conjunction with the approval of the conditional use permit being applied for.

(Ord. No. NS-1112, § 1, 4-3-72; Ord. No. NS-1124, § 2, 8-21-72; Ord. No. NS-1674, § 3, 3-21-83; Ord. No. NS-1832, § 2, 2-3-86)

DIVISION 25. - SP (SPECIFIC PLAN)

Sec. 41-592. - Applicability of SP (Specific Plan) division.

The provisions of this division shall apply to all property within a district which has been designated as SP (Specific Development) and for which a specific plan has been adopted by ordinance. The provisions in such a specific plan shall control the use and development of property in the SP district to the same extent as if set forth in full in this division. The provisions of this chapter which apply to the use and development of property generally in the city shall apply to property in the SP district except to the extent otherwise provided in the applicable specific plan.

(Ord. No. NS-2137, § 1, 7-1-91)

Sec. 41-592.1. - Purpose of SP district.

The purpose of the SP district is to provide for the orderly implementation of adopted specific plans.

(Ord. No. NS-2137, § 1, 7-1-91)

Sec. 41-592.2. - Uses permitted in the SP district.

No use of property is permitted in the SP district except those uses stated in the applicable specific plan to be permitted uses or uses subject to the issuance of a conditional use permit. No use of property which is required to have a conditional use permit by the applicable specific plan is permitted in the SP district in the absence of such conditional use permit.

(Ord. No. NS-2137, § 1, 7-1-91)

Sec. 41-592.3. - Development standards in the SP district.

The development of property in the SP district shall comply with all applicable development standards set forth in the applicable specific plan.

(Ord. No. NS-2137, § 1, 7-1-91)

Sec. 41-592.4. - Operational standards in the SP district.

No activity shall be conducted in the SP district in a manner which violates any applicable provision of the applicable specific plan.

(Ord. No. NS-2137, § 1, 7-1-91)

DIVISION 26. - [SD] SPECIFIC DEVELOPMENT[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. NS-1200, § 1, adopted March 18, 1974 amended this Code by adding Div. 26, §§ 41-593—41-593.7.

Sec. 41-593. - Applicability of division.

The regulations contained in this division shall apply to all property within a district where the district symbol is combined with the "SD" (Specific Development) suffix and to all property within the "SD" (Specific Development) District, when applied as a separate district. In all cases where a plan in an SD District has been approved the "SD" symbol shall be followed by a number to designate the Specific Development plan number (e.g., SD-1) and the development that shall be permitted subject to the provisions of the approved specific development plan and the regulations of this chapter.

(Ord. No. NS-1200, § 1, 3-18-74)

Sec. 41-593.1. - Purpose and intent.

The Specific Development District and suffix is authorized and established for the purpose of protecting and promoting the public health, safety and general welfare of the city and its residents by:

(1)

Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of property, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and development of adjacent and nearby properties.

(2)

Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate use and value thereof be determined and protected.

(3)

Providing a method whereby specific development plans are to be based on the general plan as well as other regulations, programs, and legislation as may in the judgment of the city be required for the systematic execution of the general plan.

(4)

Recognizing the interdependence of land values and aesthetics and providing a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and encouraging excellence of property development, compatible with the general plan for, and character of, the city, with due regard for the public and private interests involved.

(5)

Insuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces.

(Ord. No. NS-1200, § 1, 3-18-74)

Sec. 41-593.2. - Uses permitted and development standards "SD" suffix.

When the "SD" symbol is applied as a suffix in combination with the district symbol, the specific development regulations are intended to apply only to those uses which are permitted in the zoning district to which the suffix is combined. In any case where the development standards of the specific development plan differ from the regulations of the base zone the specific development plan shall apply.

(Ord. No. NS-1200, § 1, 3-18-74)

Sec. 41-593.3. - Uses permitted and development standards "SD" Individual District.

Any use or development of property within an "SD" District where the "SD" symbol is not combined with another district shall be in compliance with the ordinance adopting the specific development plan for such property.

(Ord. No. NS-1200, § 1, 3-18-74; Ord. No. NS-1356, § 1, 4-18-77)

Sec. 41-593.4. - Submission of development plans; architectural review.

(a)

Any application for a permit for a building or structure in the SD district shall be accompanied or preceded by the filing with the director of planning of a specific development plan which shall be one (1) of either of the following types:

(1)

A plan consisting of architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and in addition, such other plans, drawings or information as may be determined by the director of planning to be necessary to fully evaluate any requirement for a building permit;

(2)

A plan consisting of standards and regulations pertaining to the following:

(i)

The height, location, and bulk of buildings:

(ii)

The location, arrangement and configuration of open space and building setback;

(iii)

The location and design of off-street parking areas;

(iv)

The number, size, and location of all signs;

(v)

Such other regulations and standards as may be necessary to accomplish the purposes and intent of this division or to insure the proper execution of the general plan.

(b)

Upon receipt of a specific development plan by the director of planning, the same shall be referred to the planning division for review and recommendations. The planning division shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the neighborhood and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the neighborhood.

(Ord. No. NS-1200, § 1, 3-18-74; Ord. No. NS-1356, § 2, 4-18-77; Ord. No. NS-2923, § 5, 9-16-17)

Sec. 41-593.5. - Approval of specific development plans.

No permit for a building or structure shall be issued for any property subject to the provisions of this division until the following requirements have been met:

(a)

If the property is within a zoning district classification combined with an SD suffix, the applicant must obtain for said property a conditional use permit permitting use of the property in accordance with a specific development plan. Said conditional use permit shall be approved, conditionally approved, or denied in accordance with the provisions of article V. All development shall be in compliance with all conditions of approval prior to issuance of a utility release by the director of building.

(b)

If the property is within an SD district, the specific development plan must be adopted by ordinance of the city. Such ordinance, in addition to adopting the specific development plan, shall specify the uses permitted on such property, together with any restrictions or conditions pertaining to such uses.

(Ord. No. NS-1200, § 1, 3-18-74; Ord. No. NS-1356, § 3, 4-18-77; Ord. No. NS-2923, § 5, 9-16-17)

Sec. 41-593.6. - Application and hearing.

(a)

The specific development plan shall be submitted in the form required by the director of planning and shall be accompanied by a filing fee in such amount as the city council shall from time to time determine by resolution, except that all governmental agencies are exempted from the fee requirement.

(b)

Upon the filing of a specific development plan, the director of planning shall set the plan for public hearing at a regular or adjourned meeting of the planning commission, which is to be held not less than ten (10) days nor more than forty-five (45) days following completion of all requirements of applicable environmental quality laws, ordinances, rules and regulations.

(c)

The director of planning shall give or cause to be given notice of the time and place of such hearing by mailing notices at least five (5) days prior to the date of such hearing to the owners of all property within three hundred (300) feet of the boundaries of the property, as shown on the latest available tax roll. The names and addresses of such owners shall be provided by the applicant at the time the plan is filed.

(d)

Upon the date set for hearing the planning commission may hear or continue the matter. If a date for the continued hearing is announced in open meeting, no further notice thereof need be given.

(Ord. No. NS-1200, § 1, 3-18-74; Ord. No. NS-1356, § 4, 4-18-77)

Sec. 41-593.7. - Division of property.

No parcel subject to the provisions of this division may be divided or in any way reduced in area, except for land area acquired by a public agency, without first having received:

(a)

Preparation of specific development standards and regulations for said parcel pursuant to section 41593.6; or

(b)

Approval by the planning commission of a proposed specific development plan for said parcel.

(Ord. No. NS-1200, § 1, 3-18-74)

Sec. 41-593.8. - Specific development plan approval time limits and extensions.

The specific development plan shall not be deemed valid until all of the conditions as approved by the zoning administrator, planning commission, or city council have been complied with and released by the

planning manager. The specific development plan approved in accordance with the procedures and considerations as provided in this division shall automatically become void after one (1) year from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the specific development plan. However, at the initial hearing of the zoning administrator, planning commission or city council may provide, by appropriate conditional approval, for extensions of time beyond the two-year period. Furthermore, the city council by may, by resolutions, extend the date on which a specific development plan becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void.

(Ord. No. NS-2803, § 10, 6-21-10)

DIVISION 27. - [MO] (MILITARY OPERATIONS)

Sec. 41-594. - Military operations of the Armed Forces of the United States of America.

All property within a district with an MO (Military Operations) district classification shall be used exclusively for the military operations of the armed forces of the United States of America.

(Ord. No. NS-1208, § 1, 4-15-74)

DIVISION 28. - [OZ] OVERLAY ZONE

The regulations contained in this division shall apply to all property within a district where the district symbol is combined with the "OZ" (overlay zone) suffix and to all property within the "OZ" (overlay zone) district, when applied as a separate district. In all cases where a plan in an overlay zone district has been approved the "OZ" symbol shall be followed by a number to designate the overlay zone number (e.g., OZ1) and the development that shall be permitted subject to the provisions of the approved overlay zone development plan and the regulations of this chapter.

(Ord. No. NS-2739, § 3, 4-2-07)

The provisions of this division provide alternative standards and regulations to the underlying zoning district, where important site, environmental, safety, compatibility or design issues require additional flexibility. The overlay zone district and suffix is authorized and established for the purpose of protecting and promoting the public health, safety and general welfare of the city and its residents by:

(a)

Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of property, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and development of adjacent and nearby properties.

(b)

Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate mix of uses and value thereof be determined and protected.

(c)

Providing a method whereby overlay zone development plans are to be based on the general plan as well as other regulations, programs, and legislation as may in the judgment of the city be required for the systematic execution of the general plan.

(d)

Recognizing the interdependence of land values and aesthetics and providing a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and encouraging excellence of property development, compatible with the general plan for, and character of, the city, with due regard for the public and private interests involved.

(e)

Ensuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces.

(Ord. No. NS-2739, § 3, 4-2-07)

Sec. 41-595.2. - Uses permitted and development standards "OZ" suffix.

When the "OZ" symbol is applied as a suffix in combination with the district symbol, the overlay zone regulations are intended to apply only to those proposed uses which are permitted or conditionally permitted in the overlay zone to which the suffix is combined. In any case where the development project does not choose to adhere to the overlay zone, the standards and regulations of the underlying zoning district shall apply.

(Ord. No. NS-2739, § 3, 4-2-07; Ord. No. NS-2803, § 11, 6-21-10)

Sec. 41-595.3. - Uses and development standards in the "OZ" district.

Any matter which cannot be resolved solely by reference to the adopted overlay zone ordinance shall be governed by the provisions of this chapter.

(Ord. No. NS-2739, § 3, 4-2-07)

Sec. 41-595.4. - Submission of overlay zone site plans; architectural review.

(a)

Any application for a permit for a building or structure in any district combined with the OZ suffix shall be accompanied or preceded by the filing with the planning manager of the overlay zone site plan as

described in subparagraph (1) below. Any application for a permit for a building or structure in the OZ district shall be accompanied or preceded by the filing with the planning manager of an overlay zone site plan which shall be one of either of the following types:

(1)

A plan consisting of architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and in addition, such other plans, drawings or information as may be determined by the planning manager to be necessary to fully evaluate any requirement for a building permit;

(2)

A plan consisting of standards and regulations pertaining to the following:

(i)

The height, location, and bulk of buildings:

(ii)

The location, arrangement and configuration of open space and building setback;

(iii)

The location and design of off-street parking areas;

(iv)

The number, size, and location of all signs;

(v)

Such other regulations and standards as may be necessary to accomplish the purposes and intent of this division or to insure the proper execution of the general plan.

(b)

Upon receipt of an overlay zone site plan by the planning manager, the same shall be referred to the planning commission for review and recommendations. The planning commission shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the neighborhood and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the neighborhood.

(Ord. No. NS-2739, § 3, 4-2-07)

Sec. 41-595.5. - Approval of overlay zone site plans.

No permit for a building or structure shall be issued for any property subject to the provisions of this division until the following requirements have been met:

(a)

If the property is within a zoning district classification combined with an OZ suffix and the applicant wants to apply the overlay zone, the applicant must obtain for said property an overlay zone site plan review permitting use of the property in accordance with an overlay zone plan.

(1)

Said site plan review permit shall be approved, conditionally approved, or denied by the planning commission in accordance with the provisions of article V of this chapter applicable to a conditional use permit.

(2)

After the city council has completed the review of the written finding of fact of the planning commission pursuant to section 41-642, the property shall be subject to the standards and regulations of the overlay zone and any overlay zone site plan review conditions of approval.

(3)

All development shall be in compliance with all conditions of approval prior to issuance of a utility release by the executive director of the planning and building agency.

(4)

Upon the issuance of the utility release or the certificate of occupancy, whichever comes first, the executive director of planning and building shall amend the sectional district map to reflect the overlay zone as the sole zone on the property.

(b)

If the property is within an OZ district, the overlay zone plan must be adopted by ordinance of the city. Such ordinance, in addition to adopting the overlay zone site plan, shall specify the uses permitted on such property, together with any restrictions or conditions pertaining to such uses.

(c)

If an overlay zone site plan of the type specified in subparagraph (2) of section 41-595.3(a) as consisting of standards and regulations is approved, the applicant must thereafter prepare plans and drawings as specified in paragraph (1) of said section in conformity with such overlay zone plan and obtain approval thereof by resolution of the planning commission after review and recommendations by the planning manager. No building permit or utility release shall be issued except for development in accordance with such approved plans and drawings.

(Ord. No. NS-2739, § 3, 4-2-07; Ord. No. NS-2803, § 12, 6-21-10)

(a)

The overlay zone site plan shall be submitted in the form required by the planning manager and shall be accompanied by a filing fee in such amount as the city council shall from time to time determine by resolution, except that all governmental agencies are exempted from the fee requirement.

(b)

The planning manager shall give or cause to be given notice of the time and place of such hearing by mailing notices at least ten (10) days prior to the date of such hearing to the owners of all property within three hundred (300) feet of the boundaries of the property, as shown on the latest available tax roll. The names and addresses of such owners shall be provided by the applicant at the time the plan is filed.

(c)

Upon the date set for hearing the planning commission may hear or continue the matter. If a date for the continued hearing is announced in open meeting, no further notice thereof need be given.

(Ord. No. NS-2739, § 3, 4-2-07)

Secs. 41-596—41-599. - Reserved. ARTICLE IV. - GENERAL PROVISIONS

Sec. 41-600. - Applicability of article.

The district regulations contained in this chapter shall be subject to the provisions and exceptions contained in this article.

(Code 1952, § 9240; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-601. - Uses permitted.

(a)

Every main building or group of buildings shall be located and maintained on a "lot" as defined herein.

(b)

The following accessory uses, in addition to those hereinabove mentioned, shall be permitted in any district, provided that such accessory uses do not alter the character of the premises in respect to their use for the purpose permitted in such respective district:

(1)

The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions permitted in the respective districts.

(2)

Recreation, refreshment and service buildings in parks, playgrounds and golf courses.

(c)

If any use is for any reason omitted from those specified as permissible in any district, or if ambiguity arises concerning the approximate classification of a particular use within the meaning and intent of this chapter, it shall be the duty of the planning director to ascertain all pertinent facts concerning such use and determine into which district such use shall be classified. The planning department shall file with the clerk of the council, the director of building and safety and the zoning administrator, a copy of the facts which indicate into which district a particular use should be classified. Such decision may be appealed to the planning commission whose decision may be appealed to the city council.

(Code 1952, § 9241; Ord. No. NS-455, § 1, 6-20-60)

(a)

There are established separate and distinct height districts I and II in which are contained special provisions allowing structures to exceed the maximum height permitted in the applicable land use districts.

(b)

Unless otherwise designated on the appropriate sectional district maps, all land within or subsequently annexed or incorporated into the city is declared to be in height district I.

(c)

All lots within height district I shall be subject to the following height exceptions and regulations:

(1)

On any lot or portion of a lot in the A1, RE, R1, R2, R3, R3H and R4 districts, no structure shall exceed the height therein specified.

(2)

On any lot or portion of a lot in the P, C1, C2, C4, C5, CR, M1, M2, LM, CM, O, and GC districts:

(i)

No structure shall exceed thirty-five (35) feet in height within one hundred forty (140) feet of any property used or zoned for residential purposes.

(ii)

Any structure on a lot or portion of a lot contiguous to or separated by a street, alley, flood-control channel or ditch, pedestrian walkway, or railroad right-of-way from property used or zoned for residential purposes may exceed thirty-five (35) feet in height, provided that no part of said structure, exclusive of the first thirtyfive (35) feet of height from street grade, intercepts a plane that rises one (1) foot in every four (4) lineal feet drawn from the nearest point of each property in the aforementioned districts toward the interior of the building site whereon it is proposed to erect a structure in excess of thirty-five (35) feet in height.

Further, there shall be provided and maintained along all such property lines or zone boundary lines mentioned hereinabove a fifteen-foot landscaped strip. When said landscaped strip is contiguous to or is separated from a property used or zoned for residential purposes by any of the aforementioned ways other than a street, said landscaping shall include not less than one (1) tree for every ten (10) lineal feet of said landscaped strip. Said trees shall be twenty-four-inch box size at time of planting.

(iii)

In addition to (i) and (ii) above, each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from one (1) or the other or from both side property lines not less than a combined total distance equal to one-half (½) of the overall height of the structure, signs included. Further, each part of the structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from the front or back or from both the front and the back property lines not less than a combined total distance equal to one-half (½) of the overall height of the structure, signs included.

(d)

All lots within height district II shall be subject to the following height exceptions and regulations:

(1)

Any structure may exceed thirty-five (35) feet in height if both of the following provisions are complied with:

(i)

Each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from one (1) or the other or from both side property lines not less than a combined total distance equal to one-half (½) of the overall height of the structure, signs included.

(ii)

Each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from the front or the back or from both the front and the back property lines not less than a combined total distance equal to one-half (½) of the overall height of the structure, signs included.

(e)

On any lot or portion of a lot not used or zoned for residential purposes, towers, including radio and television antennas, gables, spires, scenery lofts, cupolas, water tanks, silos, covering not more than ten (10) per cent of the ground area of the buildings at the base thereof, artificial windbreaks, windmills and similar structures, and necessary mechanical appurtenances may be built and used to a greater height than the limit established for the district in which such structures are located, provided, however, that no structure in excess of the allowable building height shall be used for sleeping or eating quarters, or for any commercial purpose other than such as may be incidental to the permitted use of the main building. On any lot or portion of a lot used or zoned for residential purposes, all such structures and appurtenances shall be considered to constitute part of the building or structure for purposes of height determination.

(f)

No accessory structure shall exceed twenty (20) feet.

(g)

This section does not apply to wireless communication facilities.

(Code 1952, § 9242; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 17, 12-4-61; Ord. No. NS-1226, § 6, 10-7-74; Ord. No. NS-2102, § 2, 2-4-91; Ord. No. NS-2356, § 2, 7-6-98)

Sec. 41-602.1. - Same—Nonapplication to multiple-family dwellings.

The provisions of section 41-602 shall not apply to developments regulated by Article XIII of this chapter.

(Ord. No. NS-1845, § 3, 6-2-86)

Sec. 41-602.5. - Height exemption areas.

There are hereby established within the city certain areas designated and delineated as "height exemption areas" on that certain map adopted by ordinance of the city council and incorporated herein by reference. Notwithstanding anything to the contrary in section 41-602 any other provision of this chapter, there shall be no limitation on the height of any building constructed within a height exemption area; nor shall any yard or building setback requirement which is based upon the height of a building apply to any building constructed within a height exemption area. This section does not apply to wireless communication facilities.

(Ord. No. NS-1822, § 1, 12-16-85; Ord. No. NS-2102, § 3, 2-4-91; Ord. No. NS-2356, § 2, 7-6-98)

Sec. 41-603. - Area—Generally.

(a)

Any lot shown upon an official subdivision map duly approved by the city council and recorded in the office of the county recorder, or any lot for which a recorded contract of sale was in full force and effect prior to June 3, 1954, and the deed is so recorded in the office of the county recorder, may be used as a legal building site, subject to the conditions, limitations, and restrictions governing the district in which it is located.

(b)

The following exception to yard requirements shall be applied with respect to all buildings, structures, and uses permitted in the A1, RE, R1, R2, R3, and P districts: Where forty (40) percent or more of the lots along any block, excluding reverse corner lots and key lots, are developed with buildings, the required front yard for any new building or alteration to an existing building shall be not less than the arithmetical average of the front yards of said buildings. In computing said average front yard, main buildings situated entirely on the rear one-half (½) of any lot along said block shall not be included. Notwithstanding this subsection, no front yard shall be less than twenty (20) feet from a front property line.

(c)

In any commercial district, the front and side yards required for dwellings, apartments and hotels may be waived when such uses are erected above the ground floor of a building when said ground floor has no required front and side yard.

(Code 1952, § 9243; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-521, § 8, 6-19-61; Ord. No. NS-618, §§ 1, 2, 10-15-62; Ord. No. NS-635, §§ 9, 10, 3-4-63; Ord. No. NS-932, § 1, 8-19-68; Ord. No. NS-944, § 1, 122-68; Ord. No. NS-2111, § 51, 4-1-91; Ord. No. NS-2710, § 22, 5-1-06; Ord. No. NS-3084, § 24, 9-16-25)

Sec. 41-604. - Same—Through lots.

(a)

At each end of a through lot there shall be a front yard of a depth required by this chapter for the district in which the respective street frontage is located; provided, however, that there may be an accessory building in one (1) of such front yards in accordance with subsection (c).

(b)

Where a through lot has depth of one hundred fifty (150) feet or more, said lot may be assumed to be two (2) lots with the rear line of each approximately equidistant from the front lot lines; provided, however, that each portion shall then be treated as a separate lot insofar as the provisions of this chapter apply, and provided that such lots were recorded and held under separate ownership prior to December 31, 1939.

(c)

Where a through lot has depth of less than one hundred fifty (150) feet, an accessory building not exceeding one (1) story or fourteen (14) feet in height may be located in one (1) of the required front yards if such building is at least five (5) feet from any side lot line and a distance of at least ten (10) per cent of the lot depth from the street line abutting the front yard in which such building is to be located; provided, however, that such accessory building shall not project beyond the front yard line established by procedures set forth in this chapter, but such accessory building need not be located more than twenty (20) feet from the street line.

lot line and a distance of at least ten (10) per cent of the lot depth from the street line abutting the front yard in which such building is to be located; provided, however, that such accessory building shall not project beyond the front yard line established by procedures set forth in this chapter, but such accessory building need not be located more than twenty (20) feet from the street line.

(Code 1952, § 9243.1; Ord. No. NS-932, § 1, 8-19-68; Ord. No. NS-2710, § 23, 5-1-06)

Sec. 41-605. - Same—Patios and architectural features.

(a)

Cornices, eaves, chimneys, and similar architectural features may extend into the required yards of the A1, RE, and R1 districts as follows: A distance not to exceed forty-eight (48) inches into any required front, rear, and/or side yard of the street side of a corner lot; and a distance not to exceed eighteen (18) inches into any other required side yard. The aforesaid architectural features may extend into the required yards of the R2 and R3 districts as follows: A distance not to exceed forty-eight (48) inches into any required front, rear, and/or side yard of the street side of a corner lot; and a distance not to exceed six (6) inches into any other required side yard.

(b)

A wholly or partly enclosed covered patio attached to a residence shall maintain the same yards as required for the main building, except as set forth in subsection (c). A patio with a roof having open-frame or eggcrate construction shall be considered a covered patio.

(c)

A landing place may extend into any yard to a distance of six (6) feet across one-half (½) of the width or depth of the lot; provided that such landing place shall have its floor no higher than the entrance floor of the building. Stairs leading from the ground to said landing place may project beyond said six (6) feet. Further, an open railing no higher than three (3) feet may be placed around said landing place. A covered patio may encroach up to ten (10) feet into the required rear yard. Nothing herein shall prohibit the extension of an unenclosed, nonroofed, open patio into any and all required side and rear yards.

(d)

Any cornice, eave, chimney, or similar architectural feature, patio cover or canopy may extend into any other required open space provided for in this chapter, other than required yards, a distance not to exceed two (2) feet; provided, however, nothing herein shall prohibit the full extension of an uncovered patio into said required open space.

(Code 1952, § 9243.2; Ord. No. 932, § 1, 8-19-68; Ord. No. NS-2111, § 52, 4-1-91; Ord. No. NS-2710, § 24, 5-1-06)

Sec. 41-606. - Same—Accessory buildings in A1, RE, R1, R2 and R3 districts.

(a)

On an interior lot an accessory building up to fifteen (15) feet in height shall have a side and rear yard of not less than three (3) feet, and an accessory building over fifteen (15) feet in height shall have a side yard of not less than five (5) feet and a rear yard of not less than ten (10) feet, except if the lot rears and/or sides upon an alley, said accessory building, if a garage, shall maintain a distance of not less than twelve (12) feet from the center line of the alley.

(b)

On a corner lot an accessory building may be built not less than ten (10) feet to the lot line on the street side of the lot, and shall maintain the same rear and side setback requirements based on the height of the accessory building as set forth in subsection (a).

(c)

On a reversed corner lot an accessory building located in a required rear yard shall not extend beyond the required front yard line of the lot to the rear.

(d)

When any rear lot line or portion thereof is a side lot line of a key lot, an accessory building shall be not less than five (5) feet from said line.

(e)

There shall be a minimum 20-foot drive clearance between any property line abutting a street and the entrance of a garage.

(Code 1952, § 9243.3; Ord. No. NS-932, § 1, 8-19-68; Ord. No. NS-2111, § 53, 4-1-91; Ord. No. NS-2710, § 25, 5-1-06)

Sec. 41-607. - Same—Miscellaneous provisions.

(a)

For an attached accessory garage, carport, or other accessory building, including an open breezeway, patio cover or trellis, the same yards shall be maintained as are required for the main building except as provided in subsection 41-606(e).

(b)

No provision set forth in this chapter shall permit any violation of any setback established as prescribed in article VII of this chapter.

(c)

Where property fronts, sides, or rears onto any primary street, as shown on the adopted master plan of streets and highways, the required front, rear, or side yard for the district in which said property is situated shall be measured from the future right-of-way line adopted for such primary street; provided, however, with respect to the determination of required front yard for a lot zoned A1, RE, R1, R2 or and fronting on such primary street, where forty (40) per cent or more of the lots along that block, excluding reverse corner lots and key lots, are developed with buildings, then paragraph (2) of subsection (b) of section 41-603 shall apply.

(d)

The front yard on key lot in any residential district shall be not less than three-fourths (¾) the required front yard for the district in which located.

(e)

No part of any yard shall be used for the off-street parking of motor vehicles, trailers (which shall, for purposes of this subsection (e), include but not be limited to any vehicle included within the definition of "trailer," "trailer coach" or "camp trailer" as set forth in Vehicle Code sections 630, 635 and 242, respectively), or boats or for storage of personal property, which is:

(1)

The front yard, or a side yard which faces on a street, on any lot used for a single-family or two-family dwelling; or

(2)

Within any area adjacent to a street which is required to be used as a yard by the yard requirements imposed by this chapter; or

(3)

Within twelve (12) feet of the centerline of an alley; provided, however, that driveways providing direct access to a garage accessory to a single-family or two-family dwelling may be used for the parking of operable motor vehicles incidental to such use. Yard areas other than those specified above may be used for the off-street parking of motor vehicles, trailers, or boats and for storage of personal property, provided such use is incidental to the primary use of the lot.

(4)

Nothing in this subsection (e) shall be deemed or interpreted to permit a motor vehicle to park on residential property, which is otherwise prohibited pursuant to subsection (h) of this section.

(f)

Any setback line or required yard, whichever is greater, shall determine the building line.

(g)

There shall be a distance of not less than fifteen (15) feet between detached dwelling units and main buildings.

(h)

In the RE, R1, R2, R3 and R4 districts and at any residential use in a Specific Development zoning district, there shall be no display, storage of materials or supplies, no stock in trade or commodity sold upon the premises, no service rendered, no professional equipment, apparatus or business equipment or trucks kept or stored on the premises, no person, employee, or assistant in connection therewith engaged for services on the premises or dispatched from the premises; and no mechanical equipment used except as is customarily used for housekeeping purposes. For purposes of this subsection (h), the word "truck" shall mean any of the following vehicles (except when kept or stored within a fully enclosed garage):

(1)

A "commercial vehicle" as defined in California Vehicle Code section 260, with a weight in excess of ten thousand (10,000) pounds "gross vehicle weight rating" as defined in California Vehicle Code section 390; or

(2)

A commercial vehicle that exceeds eight (8) feet in total outside width, or seven (7) feet in height (including any load thereon), or twenty-one (21) feet in length in total bumper to bumper length; or

(3)

A "tank vehicle," which shall mean any commercial vehicle that is designed to transport any liquid or gaseous material within a tank that is permanently or temporarily attached to the vehicle or the chassis,

including, but not limited to, cargo tanks and portable tanks, as defined in Part 171 of Title 49 of the Code of Federal Regulations (this definition does not include portable tanks having a rated capacity under one hundred (100) gallons), or a motor vehicle holding hazardous wastes or hazardous materials which is required to display placards or markings pursuant to Vehicle Code section 27903; or

(4)

A "general public paratransit vehicle" or a "paratransit vehicle" or a "transit bus" as defined in Vehicle Code sections 336, 462 and 642, respectively, but not a "vanpool vehicle" as defined in California Vehicle Code section 686; or

(5)

A "schoolbus" or a "school pupil activity bus" or a "youth bus" as defined in California Vehicle Code sections 545, 546 and 680, respectively; or

(6)

A "semitrailer" as defined in California Vehicle Code section 660; or

(7)

A pickup truck with a "utility body" as defined in California Vehicle Code section 471; or

(8)

A stake bed truck which shall mean any motor vehicle with a bed surrounded by side rails or endrails or a stake gate; or

(9)

A "utility trailer" as defined in California Vehicle Code section 666; or

(10)

A "watering truck" or a "water tender vehicle" as defined in California Vehicle Code sections 675.5 and 676.5, respectively; or

(11)

"Special construction equipment" vehicles as defined in California Vehicle Code section 565; or

(12)

A "tow truck" or a "tow dolly" as defined in California Vehicle Code sections 615 and 617, respectively; or

(13)

A "tour bus" or a "trailer bus" as defined in California Vehicle Code sections 612 and 636, respectively; or

(14)

A "truck tractor" as defined in California Vehicle Code section 655; or

(15)

An "armored vehicle" as defined in California Vehicle Code section 115; or

(16)

A "taxicab" as defined in Article II of Chapter 32 of the Code, commencing with section 32-3.

This subsection (h) shall not apply to any vehicle which is making pickups or deliveries of goods, wares and merchandise from or to any building or structure; except when the building or structure is used as a home occupation as defined in section 41-192.1 et seq. of the Code. Nor shall this subsection (h) apply to any vehicle parked for the purpose of delivering materials to be used in the actual and bona fide repair,

alteration, remodeling, or construction of any building or structure. Nor shall this subsection (h) apply to any vehicle which is screened by a fence or wall from visibility (at ground level) from the public right-of-way, so long as the vehicle does not violate subsections (1) or (2) of this subsection (h).

(i)

No wires, ropes, beams, boards or similar connecting material or device, which is attached to any building or structure or to any appurtenance thereon, including television or radio antennas, shall be attached to or connected with the ground or any fixture within any required front yard setback as provided for in this chapter.

(Code 1952, § 9243.4; Ord. No. NS-932, § 1, 8-19-68; Ord. No. NS-1226, § 4, 10-7-74; Ord. No. NS-1470, § 1, 8-20-79; Ord. No. NS-2111, § 54, 4-1-91; Ord. No. NS-2419, § 2, 2-22-00; Ord. No. NS-2457, § 6, 1-201)

Sec. 41-608. - Same—Modifications in yard regulations.

The following modifications in yard regulations may be undertaken:

(a)

Since the general yard provisions of this chapter have to be applied to numerous types of conditions and shapes of parcels occasioned by varying street layouts and subdivisions of property, it is not advisable to attempt to define herein those cases which warrant exceptions and modifications to the general yard requirements of this chapter, therefore, authority is hereby given the zoning administrator, as a part of his administrative function, to determine in writing the application of the specific requirements of this chapter in harmony with their purpose and intent so that the spirit of the chapter shall be observed, public peace, health, safety, and welfare secured, and substantial justice done under the following circumstances:

Where the application of yard regulations cannot be determined or may be interpreted in more than one way as to cause confusion in the administration of such regulations or general yard provisions with respect to irregularly shaped lots such as those resulting from some angular or curved streets, particularly triangular or irregular shaped lots with more than four (4) lot lines, or reverse corner lots developed in such a manner where the front yard is unclear such regulations or provisions may be modified or interpreted by the zoning administrator in writing as to an individual lot or to all lots of similar type involving a common problem and

the building shall be governed by such interpretation. No fence or accessory building, the location of which is determined in whole or in part by yards, shall be erected or established upon any lot which is so irregularly or oddly shaped as to cause confusion relative to interpretation of such regulations until the yard provisions of this chapter shall have been determined as set forth above.

(b)

Reserved.

(c)

The zoning administrator may, as a part of his administrative function, authorize a ten (10) per cent reduction in required side, front, and/or rear yard provided said determination shall be in writing and show that the reduction is in harmony with the purpose and intent of this chapter.

(d)

The zoning administrator may, as part of his administrative function, authorize a temporary directional sign in permitted districts if said sign complies with all planning department standards set out below. Said authorization shall be in writing with the following conditions of approval:

(1)

That the proposed temporary directional sign be not larger than ten feet by twenty feet (10′ by 20′); said sign shall be nonilluminated in any residential or professional district, and non-flashing in any commercial or industrial district.

(2)

That the sign be not more than thirty-five (35) feet in overall height from the ground.

(3)

That the sign not be located on or project into any existing or future city right-of-way or any building setback.

(4)

That the zoning administrator may grant a six (6) month extension of time at the expiration date of the initial six (6) month period if it has been determined that said extension of time is necessary for the initial sale of homes in the tract. Said extension shall require a five dollar ($5.00) fee.

(5)

That the applicant post a cash bond in the amount determined by the director of building safety and housing to guarantee the removal of each sign at the expiration of the period of the conditional use permit, and that the applicant and/or the owner of the property on which the sign is located enter into an agreement with the city authorizing the city to enter upon the premises, destroy the sign, and declare the cash bond forfeited should said sign not be removed upon the expiration of the conditional use permit.

However, the planning director may determine to circulate public notice and hold a public hearing when a proposed temporary directional sign is so located as to be of importance to the adjoining property owners or be in conflict with the orderly development of the area.

The requirement of a plot plan, cash bond, and legal agreement shall be fulfilled prior to planning department approval of a building permit.

(Code 1952, § 9243.5; Ord. No. NS-932, § 1, 8-19-68; Ord. No. NS-2710, § 26, 5-1-06)

Sec. 41-609. - Landscape.

Where a landscape, as defined in section 41-100, is required by the provisions of this chapter, said landscape shall comply with the landscape guidelines and permitting requirements established by the Director of the Planning and Building Agency, which may be amended from time to time, and be continuously maintained by proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants and decorative materials when necessary, and the regular watering of plants.

(Code 1952, § 9244.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-908, § 2, 1-2-68; Ord. No. NS-3038, § 30, 2-7-23)

Sec. 41-609.5. - Same—Hedge and planter requirements in the residential zones.

(a)

All hedges in the RE, R1, R2, R3, R4 and at any residential use in a specific development zoning district, excluding SD No. 19, located within the required front yard or any required landscape area of a parcel shall not exceed four (4) feet in height on those streets defined and designated in the circulation element of the city's general plan as arterial streets and three (3) feet in height on all other streets. As used in this section, "hedge" means a boundary or barrier formed by a dense row of shrubs or trees designed to enclose, divide or protect an area covering at least fifty (50) per cent of the linear frontage of a parcel.

(b)

All landscape planters in the RE, R1, R2, R3, R4 and at any residential use in a specific development zoning district, excluding SD No. 19, located within the required front yard or any required landscape area of a parcel shall not exceed eighteen (18) inches in height. As used in this section, "landscape planter," means a wall used to enclose, divide or protect an area designed to be filled with landscaping.

(Ord. No. NS-2433, § 2, 6-19-00)

Sec. 41-610. - Wall and fence requirements in the residential zones.

(a)

All walls and fences located in the RE, R1, R2, R3, R4, and at any residential use in a specific development zoning district, excluding SD No. 19, shall not exceed the following:

(1)

Front yard fences four (4) feet in height on those streets defined and designated in the circulation element of the city's general plan as arterial streets and three (3) feet in height on all other streets, measured from the top of the curb or established grade upward.

(2)

All other walls and fences shall not exceed eight (8) feet in height, measured from the top of the curb or established grade upward.

(3)

In other districts, walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area.

(b)

In the RE, R1, R2, R3, R4, and at any residential use in a specific development zoning district, excluding SD No. 19, no front yard fence over eighteen (18) inches in height shall be constructed without the issuance of a permit therefore by the planning and building agency. The permit shall be issued if the fence conforms to the following provisions:

(1)

Front yard fences shall be composed of only the following materials: wood; wrought iron; tubular steel, stone; brick; stucco; or decorative block such as slump stone or split-faced block;

(2)

Spikes, stakes or other sharp metal objects shall not be permitted;

(3)

Arbors located in the required front yard or required landscaped area shall only be permitted over walkways, and shall not exceed ten (10) feet in height, six (6) feet in width and three (3) feet in depth.

(c)

Any wall or fence expressly permitted by this section or any other section of this chapter shall comply with the provisions set forth in chapter 36 of this Code.

(d)

In the RE, R1, R2, R3, R4, and at any residential use in a specific development zoning district, excluding SD No. 19, chain link fencing material is not permitted except in a rear yard or side yard which is not viewable from a public street.

(e)

In the RE, R1, R2, R3, R4, and at any residential use in a specific development zoning district, excluding SD No. 19, barbed wire is not permitted as part of a wall or fence.

(f)

As used in this section, the following terms shall have the following meanings:

(1)

Fence or wall shall mean a barrier which serves to enclose, divide, or protect an area, or is used to prevent intrusion from the outside of a parcel to the interior of such parcel, exclusive of any such barrier which forms part of a building or structure.

(2)

Front yard fence shall mean a fence or wall (as defined in this section) within the required front yard or any required landscape area of a parcel, built from permitted materials and designed and constructed so as to permit visibility between or through fence elements over eighteen (18) inches in height. Those portions of the front yard fence eighteen (18) inches in height and lower may be constructed of opaque or solid materials. Elements over eighteen (18) inches in height shall be spaced no closer than four (4) inches apart, with each member no wider than four (4) inches across. Elements wider than four (4) inches across shall be

considered pilasters. Pilasters may be no wider than sixteen (16) inches across, and may be no closer than eight (8) feet on center. except for pilasters supporting a four-foot wide maximum entry gate.

(3)

Barbed wire includes both straight-line and looped ("concertina") varieties.

(4)

Public street does not include alleys.

(5)

Arbor means a decorative framework or structure formed of vines, branches, or lattice work.

(Code 1952, § 9244; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 9, 1-7-85; Ord. No. NS-1892, § 1, 4-6-87; Ord. No. NS-2433, § 3, 6-19-00)

Sec. 41-610.5. - Wall and fence requirements in the industrial and commercial zones.

(a)

In the industrial and commercial zones, walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area.

(b)

On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five (5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height limitations prescribed in subsection (a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to

nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare.

(c)

Barbed wire is not permitted as part of a wall or fence except as follows:

(1)

In the M1, M2 and LM districts: barbed wire is permitted subject only to the restrictions set forth hereinafter.

(2)

In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear year or side yard which is not viewable from a public street and is subject to the restrictions set forth hereinafter.

(3)

Barbed wire may not be used above the height limitations set forth in subsection (a) of this section.

(4)

Barbed wire may not be used as part of any wall or fence which is adjacent to property used for residential purposes or to property which is used as a school, church, park, or youth center.

(d)

Electric fences shall only be permitted in the M1 and M2 districts subject to the issuance of a minor exception pursuant to Article V of this chapter and shall meet the requirements set forth in California Civil Code Section 835 and below:

(1)

Electric fences shall only be permitted on properties abutting a railroad right-of-way.

(2)

Electric fences shall be located at least one hundred and fifty (150) linear feet from a property used for residential or public park use, or any property zoned for such a use, or schools (K-12) as defined by Section 11362.768 of the Health and Safety Code.

(3)

Electric fences are only permitted in a rear or side yard which is not viewable from a public street.

(4)

No electric fence shall be permitted, installed, or used unless it is completely surrounded and screened by a nonelectric wall that is at least six (6) feet in height. In no case shall the electric fence encroach into any required setback area.

(5)

Electric fences may exceed the height of the surrounding nonelectric wall by up to eighteen (18) inches.

(6)

Any portion of the electric fence extending beyond the height of the surrounding nonelectric screen wall shall be angled away from the property line at a 45-degree upward slope.

(7)

Electric fences shall be set back from existing walls and fences in a manner so as to prevent accumulation of debris and to prevent unsafe conditions from forming in any resulting gap from the setback required by this subsection.

(8)

In no case shall an electric fence exceed the maximum fence height established in subsection (a).

(9)

Electric fences shall be installed to be as minimally intrusive as possible.

(10)

No electric fence shall be energized during advertised business hours.

(11)

Electric fences shall be identified by prominently placed warning signs that are legible from both sides of the fence. At minimum, the warning signs shall meet all of the following criteria:

(A)

The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding thirty (30) feet.

(B)

The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.

(C)

The warning signs are marked with written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written or commonly recognized symbol about the danger of touching the fence in wet conditions.

(12)

Electric fences equipped with monitored alarm systems may require an alarm use permit.

(13)

Accessibility to emergency personnel and first responders must be maintained through the use of a knox box or other access feature as determined by the Orange County Fire Authority and the Santa Ana Police Department.

(14)

The applicant and property owner shall enter into an agreement holding the City of Santa Ana harmless from all legal actions that may arise due to the operation of the electrified fence. The agreement shall be recorded with the property and shall release the City of Santa Ana from all liability whatsoever.

(Ord. No. NS-1732, § 49, 6-25-84; Ord. No. NS-1756, § 10, 1-7-85; Ord. No. NS-2275, § 21, 12-18-95; Ord. No. NS-2433, § 4, 6-19-00; Ord. No. NS-2803, § 13, 6-21-10; Ord. No. NS-3035, § 15, 12-20-22; Ord. No. NS-3038, § 31, 2-7-23)

Sec. 41-611. - B-suffix—Parking

(a)

Any district or any part thereof regulating the use of land established under articles II and III of this chapter may be modified, either at the time the zoning is first established, or by amendment, by the district designation "B," adding as a use permitted in that zone, subject to a conditional use permit, the exclusive parking of motor vehicles in connection with any commercial use or for private parking.

(b)

The following shall not be permitted when property is used for parking pursuant to the "B" suffix:

(1)

The storage of new or used vehicles for sale or lease;

(2)

The sale of hydrocarbon substance or any other property;

(3)

Servicing or repair of motor vehicles.

(Code 1952, § 9245; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-521, § 9, 6-19-61; Ord. No. NS-1064, § 1, 2-1-71; Ord. No. NS-1226, § 3, 10-7-74; Ord. No. NS-1756, § 11, 1-7-85; Ord. No. NS-2386, § 1, 6-7-99)

Sec. 41-611.1. - Development standards; conditions.

(a)

The following development standards shall apply to property when used for parking pursuant to the "B" suffix:

(1)

All parking areas shall [be] appropriately drained and paved, meeting specifications of the executive director of the public works agency.

(2)

Vehicle access to and from the parking area shall not be from a street which provides access primarily to nearby residentially zoned property.

(3)

All site lighting shall be arranged as to not unreasonably interfere with adjacent residences.

(4)

When the property in question abuts property used or zoned for residential purposes, a six-foot high masonry wall shall be erected between said property and [the] residential property; however, the masonry wall shall not exceed four (4) feet in height between the front property line and the established building line of adjacent residential property.

(5)

Landscaping shall be provided for in the manner as described by section 41-618, article IV of this chapter with the following additional requirements:

a.

A minimum ten-foot wide landscape strip shall be planted and maintained where the off-street parking area abuts any public street providing access primarily to nearby residentially zoned property.

b.

Landscaping shall be installed and maintained in off-street parking areas having combined area equal to at least five (5) per cent of the total area used for parking and vehicle access.

c.

When said "B" modified lots would otherwise be contiguous to property zoned RE, R1, R2, R3, R3H, or R4 were it not for their separation by a street, a four-foot high decorative wall shall be constructed to the rear of the required ten-foot boundary landscaping.

(b)

In addition to the development standards imposed by subsection (a) of this section, additional conditions may be imposed pursuant to the conditional use permit in the same manner as other conditional uses pursuant to article V of this chapter.

(c)

A fully dimensioned site plan showing all parking spaces, vehicle access and landscaping treatment shall be submitted in duplicate as part of the conditional use permit application.

(Ord. No. NS-2386, § 2, 6-7-99)

No person shall erect, establish or maintain within an agricultural, residential or commercial district, any oil well or derrick, or the business of drilling or operating for the discovery or production of oil, gas, hydrocarbons, or other kindred substances.

No person or entity shall conduct any surface-based survey for the discovery of oil or hydrocarbons, or similar substance without receiving and holding a valid permit to do so from the director of public works. Such permit may be sought by use of the following procedures:

(1)

Any person or entity seeking a permit to conduct a surface-based survey for the discovery of oil or hydrocarbons, or similar substances shall file an application therefor with the director of public works. Said application shall be accompanied by a fee of five dollars ($5.00).

(2)

The applicant, in addition to completing the application, shall answer any relevant questions concerning either himself or the proposed survey operation.

(3)

The director of public works shall issue the permit if he shall be satisfied that the proposed survey operation will not interfere with the comfort and repose of the citizens of the community or damage property by the creation of excessive vibration, noise or other phenomena; or unduly interfere with vehicular traffic within the city. The permit will be limited as to area and time of operation, and may be subject to such conditions as the director of public works feels are necessary to protect the public interests.

(4)

The issuance of a permit may be subject to:

(a)

The permittee's furnishing a cash or surety bond conditioned upon his operation's being performed in conformance with the permit issued;

(b)

The permittee's providing the City of Santa Ana with a certificate or public liability and property damage insurance naming the City of Santa Ana as an additional insured for the permitted survey operation in an acceptable amount.

(5)

following the issuance of a permit, if the permittee fails or refuses to comply with any of the conditions of the permit, the director of public works shall forthwith revoke the permit and declare any bond forfeited.

(6)

Should the director of public works deny an application for a permit or revoke a permit and forfeit any security thereunder, the aggrieved party may appeal to the city council by filing a notice of appeal with the clerk of the council. The clerk shall place the matter on the agenda of the next regularly scheduled meeting if the notice of appeal is filed at least ten (10) days prior to said meeting, and in the event it is not, it will then be placed on the agenda of the meeting thereafter.

(7)

When the director of public works finds that any person holding a permit under the provisions of section 41-612 of Chapter 41 has violated the provisions of this section he may revoke such permit. No such revocation shall become effective until the permit holder has been notified in writing by certified mail of his right to appeal the revocation decision pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the revocation shall be effective only upon final decision of the city council. In the event that the decision of the director of public works revoking the permit is sustained after timely appeal, or if no appeal is filed, the security deposit is forfeited.

(Code 1952, § 9246; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-961, § 1, 4-7-69; Ord. No. NS-1235, § 17, 12-9-74)

Secs. 41-613—41-617(nn). - Reserved.

Editor's note— Ord. No. NS-2091, § 2, adopted Nov. 19, 1990, repealed former §§ 41-613—41-617(nn), which pertained to off-street parking requirements. For similar new provisions, see Art. XV of this chapter. Formerly, such sections derived from §§ 9247—9247.4, 9247.4(e)—9247.4(jj) of the city's 1952 Code, as amended by the following legislation:

Editor's note— Ord. No. NS-2275, § 22, adopted Dec. 18, 1995, repealed § 41-618, which pertained to landscaping requirements and derived from Ord. No. NS-1078, §§ 1, 2, adopted May 3, 1971; Ord. No. NS1226, § 2, adopted Oct. 7, 1974; Ord. No. NS-1674, § 15, adopted March 21, 1983; and Ord. No. NS-1860, § 11, adopted Sept. 15, 1986.

Sec. 41-619. - Prohibited additions to residential buildings.

(a)

No addition shall be made to a residential building if such addition would promote the ability of the owner or occupant of the building to create an illegal additional dwelling unit in the building.

(b)

The planning manager is authorized to issue guidelines implementing subsection (a) of this section.

(c)

Any decision of the planning manager that a proposed addition violates subsection (a) of this section may be appealed to the planning commission, whose decision on the matter shall be final.

(Ord. No. NS-2263, § 1, 9-18-95)

Editor's note— Prior to the re-establishment of § 41-619 by Ord. No. NS-2263, § 1, adopted Sept. 18, 1995, the section was part of the reserved sections described under §§ 41-619.1—41-619.12 below.

Secs. 41-619.1—41-619.12. - Reserved.

Editor's note— Ord. No. NS-1721, § 5, enacted April 2, 1984, repealed §§ 41-619—41-619.12, relative to the location, size, number and type of signs permitted in the city. Said sections were derived from Ord. No. NS-1025, § 1, adopted Aug. 3, 1970; Ord. No. NS-1186, § 4, adopted Oct. 1, 1973; and Ord. No. NS-1226, § 1, adopted Oct. 7, 1974.

Secs. 41-619.13—41-619.17. - Reserved.

Editor's note— Ord. No. NS-2116, § 7, adopted Mar. 18, 1991, repealed §§ 41-619.13—41-619.17, which pertained to amortized nonconforming signs and derived from Ord. No. NS-1025, § 1, adopted Aug. 3, 1970; Ord. No. NS-1210, §§ 1, 2, adopted Sept. 9, 1974; and Ord. No. NS-1721, § 4, adopted Apr. 2, 1984.

Secs. 41-619.18—41-619.54. - Reserved. Secs. 41-619.55, 41-619.56. - Reserved.

Editor's note— Sections 41-619.55 and 41-619.56, dealing with the location of and specifications for offpremises advertising signs, were repealed by Ord. No. NS-1722: § 2, enacted April 16, 1984. Said sections were derived from Ord. No. NS-1040 § 1, adopted Sept. 21, 1970, and Ord. No. NS-1210, § 3, adopted Sept. 9, 1974.

Sec. 41-620. - Permits for relocated residential structures.

(a)

As used in this section, the following terms shall mean:

(1)

"Department" shall mean the department of planning and development services.

(2)

"Factory-built house" shall mean that term as defined in Section 19971 of the Health and Safety Code of the state.

(3)

"Manufactured home" shall mean that term as defined in Section 18007 of the Health and Safety Code of the state.

(4)

"Mobile home" shall mean that term as defined in Sections 18008 and 18817 of the Health and Safety Code of the state; and such term shall include a "new mobile home," as defined in Health and Safety Code, Section 18009, as well as a "used mobile home," as defined in health and Safety Code, Section 18014.

(5)

"Person" shall mean any individual, individuals, partnership, unincorporated association, corporation, or other type of firm or entity.

(6)

"Relocated residential building" shall mean any existing building or structure used for residential purposes, wherever located, which is proposed to be moved or relocated to a lot or parcel in the city, which lot or parcel is situated within the R1, R2, R3, R3H, RE or P Districts.

(7)

"Residential structure" shall mean and include any factory-built house, manufactured home, mobile home, or relocated residential building as defined hereinabove.

(b)

No person shall move or relocate any residential structure onto any lot or parcel situated within the R1, R2, R3, R3H, RE or P districts, unless such person has first obtained a permit from the zoning administrator in accordance with the provisions of this section.

(c)

Applications for a permit shall be in writing and filed with the department upon forms provided by the department and shall include the following information:

(1)

Name of street and official house number, the name of the tract or block number and zone use legend, the lot or parcel number and its dimensions, including where the residential structure is proposed to be placed on the lot or parcel.

(2)

A description of the structural characteristics of the building.

(3)

A plot plan, indicating the dimensions of all existing and proposed building locations, yards and setbacks.

(4)

The estimated value of the residential structure.

(5)

A floor plan, indicating the minimum floor space area of each room within the residential structure, excluding porches, breezeways and garages.

(6)

A list of the names and addresses of all property owners within three hundred (300) feet of the exterior boundaries of the lot or parcel involved, as shown on the latest available tax roll.

(7)

Such other and further information as the zoning administrator determines is needed to assist him in deciding whether to issue the permit.

(8)

Each application shall be signed by the record owner or owners of the affected lot or parcel, or the duly authorized agent in writing for such owner or owners.

(d)

Each application for a permit shall be accompanied by a filing fee in an amount to be established by resolution of the city council.

(e)

Upon the filing of an application for a permit, the zoning administrator shall set the application for a hearing before him which is to be held not less than twenty-one (21) days after the date of filing.

(f)

The zoning administrator shall give or cause to be given notice of the date, time and place of such hearing by mailing a notice to the person filing the application at least five (5) days prior to the date of such hearing. In additional, the zoning administrator may give such notice to any other interested person or persons as he deems appropriate.

(g)

Upon the date set for a hearing, the zoning administrator may on that date continue the matter, so long as such continuance is for a reasonable period of time. Any continuance for a period in excess of thirty (30) days from the original date of the hearing shall require the concurrence of the applicant. If a date for a continued hearing is thereupon announced by the zoning administrator in open hearing, no further notice thereof need be given by the zoning administrator to the applicant.

(h)

If he finds that each of the following requirements have been met, the zoning administrator shall approve the application and grant the permit:

(1)

The residential structure proposed to be moved or relocated is comparable in value, size (square footage of liveable floor space, excluding porches, breezeways and garages), structural quality, type of construction, design, appearance, and overall physical upkeep and condition, to residences located in the area adjacent to, or in the immediate vicinity of, the lot or parcel on which the residential structure is proposed to be moved or relocated.

(2)

That moving or relocation of the residential structure will not be detrimental, decrease or diminish the value of real properties located adjacent to, or in the immediate vicinity of, the lot or parcel on which the residential structure is proposed to be moved or relocated.

(3)

That the move or relocation of the residential structure will comply with the regulations and conditions specified in the zoning district in which the affected lot or parcel is situated.

(4)

That approval of the permit will not adversely affect the general plan of the city, or any specific plan of the city applicable to the lot or parcel on which the residential structure is proposed to be moved or relocated.

(i)

If the zoning administrator does not find that all of the requirements set forth in subsection (h) have been met, he shall deny the application for the permit.

In granting a permit, the zoning administrator may impose such conditions, including requiring modifications to the design and appearance of the residential structure, as are necessary to assure compatibility with existing housing in the area adjacent to, or in the immediate vicinity of, the affected lot or parcel; or as may be desirable to protect the public health and welfare of the citizens of the city.

(k)

In granting or approving an application for a permit, the zoning administrator shall make a written finding which shall specify all facts relied upon in rendering his decision and in attaching conditions and safeguards. A copy of the decision, together with the written finding of fact, shall be filed with the planning commission, with the department, and mailed to the applicant.

(l)

Within fifteen (15) days from the date of the zoning administrator's decision, the applicant, if the zoning administrator's decision is adverse to the applicant, or any other interested person, may appeal such decision to the planning commission. Such appeal shall be in writing, shall state the reason or reasons why the decision of the zoning administrator is incorrect, and shall be filed with the director of the department upon forms provided by the department. Such appeal shall be accompanied by payment of a fee in an amount to be established by resolution of the city council.

(m)

Upon receipt of an appeal, the director shall present such appeal to the planning commission at its next regular meeting. At such meeting, the planning commission shall set the appeal for public hearing within thirty (30) days from the date of such regular meeting. Not later than ten (10) days prior to the date of said public hearing, the planning commission shall give written notice of the date, time and place of its hearing to all property owners within three hundred (300) feet of the exterior boundaries of the lot or parcel involved, as shown on the latest available tax roll.

(n)

At its public hearing, the planning commission may either affirm, reverse, change or modify the decision of the zoning administrator. The planning commission may continue its public hearing in the same manner as permitted for the zoning administrator pursuant to subsection (g) of this section. In rendering its decision, the planning commission shall be governed by the criteria set forth in subsection (h)(1) through (4) of this section. if the planning commission reverses the decision of the zoning administrator, approves the application and grants the permit, the planning commission may impose conditions to such approval in the same manner as granted to the zoning administrator pursuant to subsection (j) of this section. The decision of the planning commission shall be final with no further right of appeal. The decision of the planning commission shall be filed with the clerk of the council, with the department, and mailed to the applicant.

(o)

The zoning administrator may, after twenty (20) days notice by mail to the applicant and/or record owner or owners of the affected lot or parcel, and after a duly noticed public hearing in accordance with the provisions of subsection (m) of this section, revoke a permit, on any one or more of the following grounds:

(1)

That the permit was obtained by fraud or misrepresentation.

(2)

That the permit has been exercised by the person granted the permit, or his representatives, successors, or assigns, contrary to the terms or conditions of approval, or in violation of any statute, ordinance, law, or regulation not excused by the permit.

(3)

That the permit is being or has been so exercised as to be detrimental to the public health, welfare, or safety or so as to constitute a nuisance.

(p)

The person whose permit has been revoked by the zoning administrator may appeal the decision of the zoning administrator in writing to the planning commission within ten (10) days after such decision by the zoning administrator. The planning commission shall hear said appeal within thirty (30) days after the date such appeal is filed. Public notice of the planning commission's hearing on such appeal shall be given in accordance with the provisions of subsection (m) of this section. The planning commission, after hearing, may affirm, reverse, change or modify the decision of the zoning administrator. A copy of the decision of the planning commission shall be filed with the clerk of the council, with the department, and mailed to the applicant. The decision of the planning commission shall be final with no further right of appeal.

(q)

The requirements of this section shall be in addition to, and not a substitute for, the provisions and requirements set forth in Article VIII (sections 8-1760 to 8-1804) of Chapter 8 of this Code, pertaining to house moving.

(Ord. No. NS-1634, § 2,6-7-82)

Sec. 41-621. - Helicopters, heliports, and helistops: Regulations.

No helicopter shall land or take off and no heliport or helistop shall be established in any R1, R2, R3, or R4 District. In any district other than R1, R2, R3, or R4, no helicopter shall land or take off and no heliport or helistop shall be established unless a conditional use permit shall first have been secured for the establishment, maintenance and operation of such use, and then only in conformity with any conditions imposed thereby.

The planning director may approve temporary helistops in any zoning district of the city for a period not to exceed ninety (90) days for use in connection with major construction sites or special events if he determines that such helistops will not unduly interfere with the health, safety and welfare of persons owning property in the surrounding area and be may attach appropriate conditions to such approval.

(Ord. No. NS-1039, § 2, 9-21-70)

Editor's note— Ord. No. NS-1039, § 2, added a new section relating to helicopters, etc., designated § 41619. At the direction of the city the section was redesignated as § 41-621 inasmuch as § 41-619 had been added to the Code by Ord. No. NS-1025.

Sec. 41-622. - Mechanical equipment or appurtenances: Regulations.

All mechanical equipment or appurtenances located on the roof or on the exterior of a building shall be screened.

Every application for a building permit for the development of property shall be submitted to the planning department and shall be accompanied by detailed architectural drawings and plot plans, all to a workable scale, showing the elevation and location of the proposed screening structures or facilities, existing buildings and proposed addition, and any other pertinent information considered appropriate by the applicant or planning director pursuant to this section.

(Ord. No. NS-1159, § 2, 3-19-73; Ord. No. NS-2710, § 27, 5-1-06; Ord. No. NS-2803, § 14, 6-21-10)

Sec. 41-622.5. - Location of mechanical equipment.

(a)

When located outside of a building, no comfort cooling equipment, mechanical absorption equipment, compressor, pump, pool heater and associated equipment shall be located between a building wall and a side property line.

(b)

Strict compliance with the requirements of subsection (a) of this section may be waived by the planning manager if the equipment will be located so as to have no adverse noise impacts on neighboring property.

(Ord. No. NS-2226, § 2, 7-18-94)

Sec. 41-623. - Trash bin enclosures.

(a)

An enclosure for the storage of discarded material containers that are serviced by the city's solid waste collection contractor is required for each commercial or industrial establishment and for each residential development consisting of three (3) or more dwelling units; except that for commercial or industrial establishments sharing vehicular access and parking in an integrated development, a shared enclosure may be provided for each group of four (4) or less such establishments, provided that any such shared enclosure shall be maintained as freely accessible to all establishments originally assigned to share in its use. Enclosures shall be adequate in capacity, number, and distribution to serve the uses on-site.

(b)

Persons applying for a permit from the city for new construction and building additions and alterations shall comply with the requirement that enclosures have adequate space for the city's three-collection container recycling program. Permit applicants for the project types described below must, as a condition of the

city's permit approval, comply with the following enclosure requirements and comply with the enclosure design guidelines pursuant to subsections (c) and (d).

(1)

New commercial construction, or additions resulting in an increase of 30 percent or more of the floor area shall provide readily accessible recycling areas identified for the storage and collection of grey container, blue container, and green container or brown container materials, consistent with the three-container collection program offered by the city pursuant to Chapter 16, Article II of this Code, and shall comply with provision of adequate space for recycling for commercial premises pursuant to section 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended.

(2)

New multifamily construction with more than three (3) units shall provide readily accessible recycling areas identified for the storage and collection of grey container, blue container, and green container or brown container materials, consistent with the three-container collection program offered by the city pursuant to Chapter 16, Article II of this Code, and shall comply with provision of adequate space for recycling for multifamily premises pursuant to sections 4.410.2 of the California Green Building Standards Code, 24 CCR, Part 11 as amended.

(c)

All trash and utility areas shall be screened from public streets and alleys and adjacent properties. Trash and utility areas shall be physically integrated into the project and shall include an off-street loading area of three hundred (300) square feet with no single dimension less than ten (10) feet.

(d)

The director of planning and building shall issue standards for the construction of enclosures required by this section, and maintain such standards on file in the department of planning. All enclosures required by this section shall be constructed and maintained in accordance with such standards.

(e)

Ongoing waste enclosure use and maintenance. At a minimum, the following best management practices shall be adhered to:

(1)

The enclosure shall only be used for storage of solid waste, recycling, organic waste and used fats, oils, and grease, as defined in Section 39-50 of this Code. Storage of hazardous waste or any other items inside the enclosure is strictly prohibited.

(2)

All solid waste and used fats, oils, and grease, as defined in Section 39-50 of this Code, shall always be contained within appropriate water-tight, covered containers including secondary containment. A supply of

spill response materials designed to absorb leaking fluids and/or cooking oil/grease spills shall be kept near the enclosure.

(3)

Locks can be used for enclosures to avoid contamination and illegal dumping.

(4)

Overfilling solid waste, recycling and/or organics containers is prohibited. Solid waste shall not protrude above the top rim of the container and shall allow for the lid(s) to close fully. Establishments that have more than three (3) instances of overflowing containers within six (6) months may have their service level increased pursuant to Chapter 16, Article II of this Code.

(5)

Solid waste enclosures shall be maintained in good working condition and in the condition that they were approved. Maintenance and cleaning of the solid waste enclosure is the day-to-day responsibility of the occupant or owner of the premises.

(6)

Washing out the solid waste enclosure or waste receptacles to the storm drain system, street, or gutter is prohibited. Wash water shall be directed towards a landscaped area or collected and discharged to the sanitary sewer only. Improper methods of wash water disposal shall be subject to violations of the City's Water Quality Ordinance.

(Ord. No. NS-1674, § 16, 3-21-83; Ord. No. NS-1860, § 12, 9-15-86; Ord. No. NS-3038, § 32, 2-7-23)

Sec. 41-624. - Installation of dish antennas.

(a)

No dish antenna may be installed unless a land use certificate has been issued for such dish antenna pursuant to Article V of this chapter. A land use certificate shall be issued for a dish antenna if and only if the installation of the dish antenna will conform with the standards set forth in this section, subject to modification as provided in subsection (e) hereinbelow.

(b)

The standards for installation of dish antennas on property located in a residential zone or used for residential purposes are as follows:

(1)

The dish antenna shall not be located on any yard or building area which is viewable from any street (including freeways but excluding alleys).

(2)

The dish antenna shall be screened from view from surrounding property by fencing or landscaping.

(3)

The area occupied by a dish antenna shall not be considered as open space, and no dish antenna shall be installed which would cause the property to become nonconforming to any open space requirement of this chapter.

(c)

On property which is neither located in a residential zone nor used for residential purposes, a dish antenna must be screened from view from any street (including freeways but excluding alleys) within one thousand (1,000) feet of the antenna and from any property which is zoned or used for residential purposes.

(d)

Screening pursuant to this section shall be done through landscaping whenever practical. Screening other than landscaping shall be architecturally integrated with the building(s) on the property.

(e)

With regard to dish antennas designed for satellite signal reception, the standards set forth hereinabove shall be modified upon a showing by the applicant that their strict application would operate to impose unreasonable limitations on, or prevent, reception of satellite-delivered signals, or to impose costs on the applicant that are excessive in light of the purchase and installation cost of the antenna. Any such modification shall preserve such screening of the antenna as is compatible with usable satellite signal reception at reasonable cost.

(Ord. No. NS-1755, § 2, 12-17-84; Ord. No. NS-2011, § 1, 7-3-89)

Editor's note— Ord. No. NS-2442, § 2, adopted Sept. 18, 2000, repealed in their entirety the provisions of § 41-625 which pertained to above-ground outside storage of flammable and combustible liquids and derived from Ord. No. NS-1878, § 1, adopted Dec. 15, 1986.

Sec. 41-626. - Underground utility installations.

(a)

Notwithstanding any other provision of the ordinance, all projects described below shall be required to install electrical, telephone, community antenna television and similar service wires or cables which provide direct service to the property being developed, added to, or converted, shall, within the exterior boundary lines of such property, be installed underground. Conduits required for telephone or community antenna television shall be installed to utility specifications by the electrical permit holder prior to inspection of electrical conduit.

(1)

When any property is developed with a new or relocated building or structure.

(2)

When an addition is proposed to a single family residence or duplex in excess of fifty (50) percent of the existing floor area.

(3)

When an addition is proposed to a multi-family or non-residential structure in excess of twenty-five (25) percent of the existing floor area.

(b)

For existing single-family and duplex (two-family) structures, a new service meter may be installed without the utility wires and cables being installed underground provided that the new meter to be installed is a dual function service box which may be converted for underground service when appropriate.

(c)

For existing multifamily, commercial, and industrial structures, a change of service may be permitted with a waiver from the requirements of subsection (a), above, if approved by the planning director. Waivers may be granted if, after a review of aesthetic and technical considerations, a determination is made that environmental or other conditions affecting the site make the underground installation of wires or cables unreasonable or impractical. Requests for waivers shall be in writing on forms provided by the planning department. The decision of the designee may be appealed to the planning commission by filing an appeal application to the planning department within ten (10) days. The decision of the planning commission shall be final. The form and content of the waiver application and appeal application shall be determined by the executive director of the planning and building safety agency.

(d)

For existing single-family and duplex (two-unit) structures, a waiver as outlined in subsection (c) may be granted for expansion of the existing structures as referenced in subsection (a), provided no additional dwelling units are created.

(e)

In addition to the waiver provisions of this section outlined in subsections (c) and (d), minor exceptions may be granted from the requirements of subsection (a) of this section for new or relocated buildings or structures subject to the standards set forth in section 41-638.

(f)

Underground utility installations. The requirements of this section shall not apply to construction of new accessory dwelling units provided, however, that all utility cables or wires between the primary residence and a detached accessory dwelling unit shall be placed underground.

(Ord. No. NS-1955, § 1, 4-18-88; Ord. No. NS-2906, § 2, 12-20-16; Ord. No. NS-2940, § 7, 4-3-18)

Cross reference— Underground utilities installation requirements in subdivisions, § 34-82 et seq.; underground utility districts, Ch. 37.

Sec. 41-627. - Landscaping requirements for churches.

The landscaping requirements for a church shall be the same as set forth in section 41-372 of this chapter regardless of the use district in which the church is located; provided, however, that in the residential use districts the width of the landscaped area adjacent to the street in the front yard shall not be less than the minimum front yard required for residential developments in such districts.

(Ord. No. NS-1978, § 1, 11-15-88)

Sec. 41-628. - Reserved. Sec. 41-629. - Zoning administrator; administrative functions.

The zoning administrator may, as a part of his administrative function, authorize:

(1)

The temporary use of trailers for office space which are utilized in conjunction with any permitted use in the P, C1, C2, C4 and C5 districts for a period of time not exceeding two (2) years from the date of approval; provided said determination shall be in writing and show that the temporary office use is in harmony with the purpose and intent of this chapter.

(2)

The construction of open buildings in the C1, C2, and C5 districts; provided said determination shall be in writing and show that the open buildings are not detrimental to the surrounding area and the open portions of the structures are not visible from adjacent properties or public streets.

However, the planning director may determine that a variance is necessary when a proposed temporary office trailer or an open building is so located as to be of importance to the adjoining property owners or to be in conflict with the orderly development of the area.

(Ord. No. NS-1078, § 3, 5-3-71; Ord. No. NS-1226, § 5, 10-7-74; Ord. No. NS-2803, § 15, 6-21-10)

ARTICLE V. - CONDITIONAL USE PERMITS, VARIANCES, MINOR EXCEPTIONS, AMENDMENTS, AND DEVELOPMENT PROJECT PLAN APPROVALS

DIVISION 1. - GENERALLY

Sec. 41-630. - Planning commission duties, authority.

The planning commission is hereby authorized under conditions herein provided to grant minor exceptions to, and variances from the provisions of this chapter, and to grant conditional use permits for uses in any zone in which such uses may be conditionally permitted.

(Code 1952, § 9250; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 31, 8-5-13)

Sec. 41-631. - Zoning administrator, powers and duties.

The zoning administrator is authorized to act on minor exceptions as listed in section 41-632(a)(3).

(Code 1952, § 9250.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 32, 8-5-13)

Sec. 41-632. - Conditional use permit, variance and minor exception applications—Initiation, scope.

(a)

In accordance with the procedures outlined in this article, application may be made for:

(1)

Conditional use permit for a specific use of land or buildings in a land use district wherein such use may be so conditionally permitted.

(2)

Variance from the development standards of this chapter.

(3)

Minor exception to obtain a waiver or modification of those zoning provisions which pertain to the following:

(a)

Lineal dimensions of yards. Modifications granted shall not exceed by more than twenty (20) per cent the minimum requirements.

(b)

Separation between buildings and other structures. Modifications granted shall not exceed by more than fifty (50) per cent the minimum requirement.

(c)

Lot coverage. Modifications granted shall not exceed by more than twenty (20) per cent the maximum coverage permitted.

(d)

Height of buildings. Modifications granted shall not exceed by more than twenty-five (25) per cent the maximum height permitted.

(e)

Signs. Area modifications granted shall not exceed by more than twenty (20) per cent the maximum area permitted.

(f)

Setback and future right-of-way lines.

(g)

Off-street parking. Modifications granted for reductions in required number of stalls shall not exceed by more than twenty (20) per cent the minimum ordinance requirement and pursuant to the standards contained in section 41-638.1.

(h)

Operational standards. Modifications granted may include minor exceptions to screening and landscape requirements but shall not include exceptions to provisions pertaining to uses permitted in the open.

(i)

Walls and fences.

(Code 1952, § 9250.2; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1015, § 1, 5-18-70; Ord. No. NS-1123, § 11, 7-17-72; Ord. No. NS-1507, § 11, 11-19-79; Ord. No. NS-2334, § 3, 11-3-97; Ord. No. NS-2847, § 33, 8-5-13)

Sec. 41-633. - Same—Filing; form and content.

Application for conditional use permit, variance or minor exception shall be in writing and filed in the city planning department upon forms provided by the department and shall include the following information:

(a)

A full statement of the special circumstances and conditions relied upon as grounds for application.

(b)

An outline of the proposed use, including adequate plans and a legal description of the property involved.

(c)

For public notification required for any public hearings the provisions of Santa Ana Municipal Code section 2-153(c) shall apply.

(d)

Each application shall be signed by the record owner or agent for the owner if notarized certificate of power of attorney is filed with the application.

(Code 1952, § 9250.3; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 34, 8-5-13)

Sec. 41-634. - Same—Filing fees.

Every application under this chapter for a minor exception, variance, conditional use permit or appeal to the planning commission or city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department.

(Code 1952, § 9250.4; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1186, § 1, 10-1-73; Ord. No. NS-2847, § 35, 8-5-13)

Sec. 41-635. - Hearing on application—Hearing date.

Upon the filing for a minor exception, variance or conditional use permit, the director of planning shall set the application for public hearing at a regular or an adjourned meeting which is to be held not less than seven (7) days nor more than forty-five (45) days after the filing date.

(Code 1952, § 9250.5; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 36, 8-5-13)

Sec. 41-636. - Same—Notice of hearing.

All public notification requirements shall comply with the provisions of Santa Ana Municipal Code section 2- 153(c).

(Code 1952, § 9250.6; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 37, 8-5-13)

Sec. 41-637. - Same—Continuances.

Upon the date set for a hearing the council, planning commission or zoning administrator may on that date continue the matter. If a date for the continued hearing is thereupon announced in open meeting, no further notice thereof need be given.

(Code 1952, § 9250.7; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Sec. 41-638. - Standards for granting applications for minor exceptions, variances and conditional use permit and appeals.

(a)

The council and planning commission, and in the case of minor exceptions, the zoning administrator may grant according to the procedure outlined in this chapter:

(1)

Conditional use permits for specific uses located at a particular location when it shall be deemed:

(i)

That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community; and

(ii)

That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; and

(iii)

That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area;

(iv)

That the proposed use will comply with the regulations and conditions specified in this chapter for such use; and

(v)

That the proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use.

(2)

Variances from and minor exceptions to the provisions of the Municipal Code when it appears that all of the following have been established:

(i)

That because of special circumstances applicable to the subject property, including size, shape,

topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter;

(ii)

That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one (1) or more substantial property rights;

(iii)

That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property;

(iv)

That the granting of a variance or minor exception will not adversely affect the general plan of the city.

(b)

In granting any conditional use permit, variance or minor exception, the zoning administrator, planning commission or council may impose such conditions as are deemed necessary and desirable to protect the public health, safety or welfare in accordance with the purpose and intent of this chapter.

(Code 1952, § 9250.8; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1507, § 12, 11-19-79; Ord. No. NS-1732, § 50, 6-25-84; Ord. No. NS-2847, § 38, 8-5-13)

Sec. 41-638.1. - Minor exceptions from off-street parking requirements.

(a)

Minor exceptions from the off-street parking regulations referenced in this section shall be subject to grant or denial by the planning manager based upon the standards set forth in this section and not upon the standards set forth in section 41-638.

(b)

A minor exception from the requirement that required parking areas be integrated such that a vehicle need not enter a street to move from one (1) aisle to another may be granted if:

(i)

The stalls in an aisle are all reserved or assigned so as to be unavailable for parking by persons permitted to park in another aisle; or

(ii)

A parking area serves an office use and is immediately across a street or alley from it; or

(iii)

The parking area is wholly or partly within a structure.

(c)

A minor exception may be granted from the provisions of this chapter requiring each use to have its required number of off-street parking stalls to allow:

(i)

Two (2) or more independent uses to share required parking stalls provided no conflict will arise between parking for one (1) use and parking for another due to differences in time of primary utilization of parking as between such uses.

(ii)

Any use conducted in a building which cannot reasonably be considered as within the scope of any other section of this article setting minimum parking space requirements, unless a parking demand analysis is required at the discretion of the planning manager.

(d)

A minor exception may be granted from the off-street parking design requirements of this chapter to allow for tandem parking if the parking area is adequately managed by a valet service or parking management plan.

(e)

No minor exceptions shall be granted under this section if the effect would be to substantially increase difficulties of vehicle maneuverability or traffic congestion. Any minor exception granted under this section may be conditioned to avoid such adverse impacts, including the condition of maintaining parking according to an approved parking site and/or management plan.

(Ord. No. NS-1602, § 8, 10-26-81; Ord. No. NS-1831, § 4, 2-3-86; Ord. No. NS-2923, § 6, 9-16-17)

Sec. 41-638.2. - Standards for graffiti abatement.

(a)

Condition tentative maps. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city shall consider imposing any or all of the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative or parcel map, conditional use permit, variance or other similar land use entitlement:

i.

Use of anti-graffiti material. Developer shall apply an anti-graffiti material of a type and nature that is acceptable to the executive director of planning and building or designee, to the publicly-viewable surfaces on the improvements to be constructed at the site deemed by the executive director of planning and building, or designee, to be likely to attract graffiti;

ii.

Right of access to remove graffiti. Developer shall grant, prior to resale of any of the parcels that are within the territory of the map, the right-of-entry over and access to such parcels, upon forty-eight (48) hours posting of notice by authorized city employees or agents, to the city for the purpose of removing or "painting over" graffiti;

iii.

Supply city with graffiti-removal material. Developer shall, for a period of two (2) years after the resale of the final lot, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of graffiti; or

iv.

Owner to immediately remove graffiti. Developer shall, either as part of the general conditions, covenants and restrictions, or separate covenants recorded against individual lots, prior to resale of any of the parcels, covenant in a form satisfactory to the city that the owner of the lots shall immediately remove any graffiti placed thereon.

(b)

Design of potential graffiti-attracting surfaces. Any applicant for design review approval, conditional use permit, special use permit, development agreement, or other form of development or building permit shall,

to the extent deemed feasible by the executive director of planning and building or designee, have designed any building structures visible from any public or quasi-public place is such a manner to consider prevention of graffiti, including, but not limited to the following:

i.

Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti;

ii.

Use of additional lighting as a means of deterrence;

iii.

Use of non-solid fencing;

iv.

Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation;

v.

Use of architectural design to break up long, continuous walls or solid areas; or

vi.

Use of a water projection system activated by a motion sensor.

(c)

Retro-fit existing graffiti-attracting surfaces: Non-residential structures. The following provisions may be incorporated in a graffiti eradication order issued pursuant to article VII of chapter 17 of this Code, at the discretion of the city and/or hearing officer.

i.

At owner's expense. Any surface of a structure on a parcel of land used for non-residential purposes that has been defaced with graffiti more than five (5) times in a 12-month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the city may not impose a cost on the property owner of an amount greater than that established or approved by city council.

ii.

At city's cost. The owner of property used for non-residential purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times in a 12-month period shall permit the city to enter the property and, at the city's cost, make modifications as necessary to reduce the

attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti.

(Ord. No. NS-2720, § 6, 8-7-06; Ord. No. NS-2798, § 4, 11-16-09)

Sec. 41-638.5. - Reserved.

Editor's note— Section 41-638.5, pertaining to standards for granting applications for conditional use permits for care homes, derived from Ord. No. NS-1297, § 4, adopted Feb. 17, 1976, was repealed by Ord. No. NS-1732, § 51, enacted June 25, 1984.

Sec. 41-639. - Planning commission to make finding of fact; filing, review.

In granting or denying a variance, conditional use permit or minor exception, the planning commission shall make a written finding which shall specify all facts relied upon by said commission in rendering its decision and in attaching conditions and safeguards. A copy of the decision of the planning commission, together with the written finding of fact, shall be filed with the clerk of the council, with the city planning division, and mailed to the applicant. All decisions of the planning commission shall be final unless appealed to the city council by any interested party, individual or group pursuant to section 41-645 or set for public hearing by the city council pursuant to section 41-642.

(Code 1952, § 9250.9; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2923, § 7, 9-16-17)

Sec. 41-640. - Zoning administrator to make finding of fact—Referral to planning commission for hearing.

In granting or denying a minor exception, the zoning administrator shall make a written finding which shall specify all facts relied upon in rendering his decision and in attaching conditions and safeguards. A copy of the decision together with the written finding of fact shall be filed with the clerk of the council, with the city's planning department, and mailed to the applicant. All decisions of the zoning administrator on applications for minor exceptions shall be final unless appealed to the planning commission pursuant to section 41-645.

(Code 1952, § 9250.10; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1123, § 12, 7-17-72; Ord. No. NS-1507, § 13, 11-29-79; Ord. No. NS-1870, § 2, 11-17-86; Ord. No. NS-2847, § 39, 8-5-13)

Sec. 41-641. - Same—Referral to planning commission.

In the event the zoning administrator is of the opinion any minor exception request is of such magnitude as to be of special interest to the people of the City of Santa Ana and the planning commission, he may continue the hearing to the next regularly scheduled meeting of the planning commission, who shall then process the application in the manner prescribed in section 41-639 of this article.

(Code 1952, § 9250.10; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 40, 8-5-13)

Sec. 41-642. - Review of decision of planning commission by city council; hearing.

Upon the filing, by the planning commission, of a written finding of fact with the clerk of the council, the council may review and appeal said finding as set forth herein and in the timeframe set forth in section 41645(b).

If the council is dissatisfied with the action of the planning commission or is of the opinion that the matter is of such magnitude as to be of special interest to the people of the city it may, by majority vote, set the matter for a public hearing to be held at a regular or adjourned meeting with public notification made by the planning department as was required for the initial hearing; otherwise, all decisions of the planning commission shall be final.

(Code 1952, § 9250.11; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2923, § 8, 9-16-17)

Secs. 41-643, 41-644. - Reserved.

Editor's note— Ord. No. NS-2847, §§ 41, 42, adopted August 5, 2013, repealed §§ 41-643, 41-644 in their entirety. Former §§ 41-643, 41-644 pertained to review of decision of zoning administrator by planning commission as to conditional use permit and variance applications; hearing; review of decision of zoning administrator and confirmation of planning commission by council, respectively and were derived from

Code 1952, §§ 9250.12, 9250.13; Ord. No. NS-455, § 1, adopted June 20, 1960 and Ord. No. NS-989, § 1, adopted November 17, 1969.

Sec. 41-645. - Appeals from decisions of planning commission and/or zoning administrator—Generally.

(a)

An appeal from a decision or requirement of the planning commission or zoning administrator may be made by any interested party, individual or group.

(b)

Any appeal made under the terms of this article shall be made within ten (10) calendar days following the date of the decision by the planning commission or zoning administrator. Further, said appeal period shall end at 5:00 p.m. on the tenth calendar day following said date of the decision by the planning commission or zoning administrator. If said tenth calendar day ends on a Saturday, Sunday or holiday, the ten (10) day period shall end at 5:00 p.m. on the next regular business day.

(c)

All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the commission or zoning administrator. Furthermore, a copy of said appeal shall be filed with the planning department and the clerk of the council.

(d)

Upon receipt of said appeal of the decision of the planning commission, the planning department shall set the matter for hearing by the council. In the event the matter is an appeal from a ruling by the zoning administrator, the matter shall be heard by the planning commission.

(e)

All appeals shall be heard in the same manner as prescribed for the original hearing.

(f)

Upon filing of an appeal, the planning department shall forward to the clerk of the council a copy of the written findings, maps, papers and exhibits upon which the decision of the planning commission and/or zoning administrator was based.

(g)

The council, or in the case of a zoning administrator appeal, the planning commission, may, after public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the clerk of the council, and the city planning department; one (1) copy thereof shall be sent to the applicant.

(Code 1952, § 9250.14; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-521, § 18, 6-19-61; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 43, 8-5-13; Ord. No. NS-2923, § 9, 9-16-17)

Sec. 41-645.5. - Same—Preparation of a letter of public convenience or necessity for off-sale alcohol conditional use permits.

(a)

In the event that a business requesting a conditional use permit for an off-sale alcohol license is located within an area deemed to have an undue concentration of said licenses as determined by the California Department of Alcoholic Beverage Control pursuant to Section 23958 et seq. of the California Business and Professions Code, then that business may apply to the planning commission for the preparation of a letter of public convenience or necessity as a component of the application for the conditional use permit. The process of consideration of this request will be governed by article V regarding the processing of conditional use permits except that the following findings must be made.

(1)

In granting said letter of public convenience or necessity the applicant must prove and the planning commission must find that:

(i)

The proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the general plan.

(ii)

The economic benefit outweighs the negative impacts to the community as whole.

(iii)

The issuance of the license will provide a needed service not currently being met in the community

(iv)

There exist special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses existing nearby.

(v)

The business cannot operate profitably without a liquor license.

(vi)

The applicant has demonstrated reasonable efforts to seek community input.

(b)

Within two (2) days following the date of a planning commission decision on the preparation of a letter of public convenience or necessity, the planning manager shall send a written report of such decision to the members of the city council. If, within twenty-one (21) days following the date of such a planning commission decision, the city council sets the matter for public hearing, then the decision of the planning commission shall be vacated and the decision regarding the preparation of a letter of public convenience or necessity shall be heard and decided by the city council.

(Ord. No. NS-1870, § 1, 11-17-86; Ord. No. NS-1994, § 2, 2-21-89; Ord. No. NS-2245, § 5, 3-6-95; Ord. No. NS-2334, § 4, 11-3-97; Ord. No. NS-2847, § 44, 8-5-13)

Sec. 41-646. - Same—Council to make finding of fact.

In granting or denying an appeal, the council shall make a written finding which shall specify all facts relied upon by said council in rendering its decision and in attaching conditions and safeguards, and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements set forth in this chapter. A copy of the resolution together with the written finding of fact shall be filed with the clerk of the council, in the city planning department; one (1) copy thereof shall be sent to the applicant. The decision of the council shall be final.

(Code 1952, § 9250.15; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Sec. 41-646.5. - Findings for conditional use permits related to superstores.

(a)

Additional findings. In making the findings otherwise required by this article for approval of a conditional use permit, prior to approval of a superstore the planning commission or city council, as appropriate take into consideration of all economic benefits and costs to the city, and as relevant, the region, of the proposed use based upon information contained in an economic impact analysis, as provided below, and any additional information submitted by staff or the public.

(b)

Procedure. An application for a conditional use permit for a superstore shall follow the procedures otherwise required by this chapter, and in addition the applicant shall prepare and submit an economic impact analysis report as defined herein. The analysis, at a minimum, shall identify the benefits and costs to the city of the proposed superstore on grocery or retail shopping centers within a three-mile radius. The city manager or designee:

(1)

Shall approve in advance the individual or firm preparing the report; which approval may, at the city's option, be satisfied by use of an individual or firm identified on a pre-approved list; and

(2)

Such list may designate additional information on benefits and cost that shall be included in the analysis.

(Ord. No. NS-2734, § 7, 2-5-07)

Sec. 41-647. - Utilizing conditional use permits, variances, minor exceptions; time limits, extensions.

A conditional use permit, variance or minor exception shall not be deemed vaild until all of the conditions as approved by the zoning administrator, planning commission, and/or city council have been complied with and released by the planning manager. A conditional use permit, variance or minor exception approved in accordance with the procedures and considerations as provided in this article, shall automatically become void after two (2) years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the conditional use permit, variance or minor exception; however, at the initial hearing the planning commission or zoning administrator may provide, by appropriate condition of approval, for extensions of time beyond the two-year period. Furthermore, the city council may, by resolution, extend the date on which a conditional use permit, variance or minor exception becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void.

Acceptable action shall be considered to be actual construction, alteration, repairs and use of structures and land. Preparation of plans, financial negotiations, estate settlements, or change of property owners are not considered sufficient evidence of an action.

(Code 1952, § 9251; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1669, § 1, 1-17-83; Ord. No. NS-2236, § 1, 12-5-94; Ord. No. NS-2334, § 5, 11-3-97)

Sec. 41-647.5. - Violation of conditional use permits, variances and minor exceptions.

(a)

Failure to comply with any condition of a conditional use permit, variance or minor exception as approved by the zoning administrator, planning commission and/or city council is a misdemeanor.

(b)

Failure to maintain any condition of a conditional use permit, variance or minor exception as approved by the zoning adminstrator, planning commission and/or city council is a misdemeanor.

(Ord. No. NS-2334, § 6, 11-3-97)

Sec. 41-648. - Status of approved conditional use permits, variances or minor exceptions.

Any variance granted prior to July 18, 1957, upon which an acceptable action has not been instituted as defined in section 41-647, shall, on the effective date of this chapter, become null and void.

Any approved conditional use permit, variance or minor exception which has been exercised in the manner set forth in the terms of approval and has thereafter ceased to exist or has been suspended for at least one (1) year shall be declared void and any further use of the premises, building, or structure shall conform to the requirements for the district in which located.

(Code 1952, § 9252; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Sec. 41-649. - Modification of approved conditional use permits, variances or minor exceptions.

Any modification of an approved conditional use permit, variance or minor exception shall necessitate the refiling of a new application which shall be processed as required in the aforementioned sections of this article.

(Code 1952, § 9253; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Sec. 41-650. - Conditional use regulations.

Any conditionally permitted use shall be subject to the yard, height, area, off-street parking, loading, sign and operational standards set forth for the district in which said use is proposed to be located. However, the zoning administrator, planning commission or council may impose other conditions considered necessary to insure the safe and reasonable development of the area in order to protect the health, welfare and safety of the surrounding property owners. Further, the zoning administrator, planning commission or council may modify the regulations set forth for the district in which located when it is considered that strict enforcement of said regulations will cause undue hardship to the applicant.

(Code 1952, § 9254; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Sec. 41-650.5. - Suspension of conditional use permits, variances, minor exception permits, and other land use entitlements.

(1)

The Executive Director of the Planning and Building Agency after notice by mail to the legal owner of the property and to the tenant of said property may immediately suspend a conditional use permit, variance, minor exception, or other land use entitlement on any one (1) or more of the following grounds:

(a)

Failure to comply with conditions of approval, if granted subject to conditions.

(b)

Evidence available at the time of review that was not available when the permit was granted that could not have been obtained with reasonable diligence prior to the hearing, resulting in the findings made pursuant to Section 41-638(a)(1) no longer being valid.

(c)

Violations of this Code or conditions of approval observed by a City official that are not corrected and abated to the satisfaction of the Executive Director of the Planning and Building Agency within ten (10) days of written notice by mail to the recorded owner of the property and to the tenant of said property if any.

(d)

The holder of the conditional use permit, variance, minor exception, or other land use entitlement is exercising the entitlement in a manner that is inconsistent with the original approval and its scope.

(2)

The suspension of a conditional use permit, variance, minor exception permit, or other land use entitlement shall only be lifted until such time that observed violations of this Code or conditions of approval have been abated and corrected to the satisfaction of the Executive Director of the Planning and Building Agency.

(3)

The person whose conditional use permit, variance, minor exception, or other land use entitlement has been suspended by the Executive Director of the Planning and Building Agency may appeal the decision in writing to the Planning Commission within ten (10) days after such decision. The Planning Commission, after public hearing may affirm, change, or modify the original decision by the Executive Director.

(4)

If the legal owner or person granted the permit fails to abate and correct the observed violations within ninety (90) days of suspension of the permit, the City may elect to commence revocation procedures outlined in Section 41-651 of this chapter.

(Ord. No. NS-3044, § 7, 6-20-23)

Sec. 41-651. - Revocation procedure for conditional use permits, variances, minor exception permits, and other land use entitlements.

The planning commission may, after twenty (20) days' notice by mail to the record owner of the property and to the tenant of said property, if any, and after a public hearing, revoke a conditional use permit, a variance, a minor exception permit, and other land use entitlements on any one (1) or more of the following grounds:

(1)

That the conditional use permit, variance, minor exception permit, or other land use entitlement was obtained by fraud or misrepresentation.

(2)

That the conditional use permit, variance, minor exception permit, or other land use entitlement has been exercised by the person granted the entitlement, or his representative, successors, or assigns, contrary to the terms or conditions of approval, or in violation of any statute, ordinance, law or regulation not excused by the conditional use permit, variance, or minor exception permit.

(3)

That the use permitted by the conditional use permit, variance, minor exception permit, or other land use entitlement is being or has been so exercised as to be detrimental to the public health, welfare, or safety or so as to constitute a nuisance.

The person whose conditional use permit, variance, minor exception permit, or other land use entitlement has been revoked by the planning commission may appeal the decision of the planning commission in writing to the city council within ten (10) days after such decision by the planning commission. The city council, after public hearing, may affirm, reverse, change or modify the original decision of the planning commission. In the event a conditional use permit, variance, minor exception permit, or other land use entitlement has been revoked and said revocation is in effect, an application for another conditional use

uncil within ten (10) days after such decision by the planning commission. The city council, after public hearing, may affirm, reverse, change or modify the original decision of the planning commission. In the event a conditional use permit, variance, minor exception permit, or other land use entitlement has been revoked and said revocation is in effect, an application for another conditional use

permit, variance, minor exception permit, or other land use entitlement of the same or substantially similar use or scope may not be filed for at least twelve (12) consecutive months from the date of revocation.

(Ord. No. 1178, § 1, 8-6-73; Ord. No. NS-3044, § 8, 6-20-23)

Sec. 41-652. - Reasonable accommodation—Application process.

(a)

Notice to the public of availability of accommodation process. The agency shall prominently display in both city hall and the planning and building agency a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this division.

(b)

Applicability. To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this division to modify a land use or zoning standard, regulation, policy, and procedure of the city as may be necessary to afford the individual with a disability equal opportunity to the use and enjoyment of their dwelling. A request for reasonable accommodation shall be made by filing an application under this section.

(c)

Application. An application for reasonable accommodation shall be submitted on a form prescribed by the executive director of the planning and building agency, or in the form of a letter addressed to the executive director.

(d)

Privacy. Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for

public inspection.

(e)

Assistance. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

(f)

Timing. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(g)

Filing fees. There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this division.

(Ord. No. NS-2813, § 4, 3-21-11)

Sec. 41-653. - Same—Review.

(a)

Executive director review. An application for reasonable accommodation shall be reviewed by the executive director of the planning and building agency, or his or her designee, as appropriate.

(b)

Decision. Within sixty (60) days of acceptance of the application as complete, the executive director shall issue a written decision to grant, grant with modifications, or deny an application for reasonable accommodation in accordance with section 41-654 and shall notify the applicant of the decision. The written decision shall explain in detail the basis of the decision, including the executive director's findings on the factors stated in section 41-654. If necessary to reach a determination on the request for reasonable accommodation, the executive director may request additional information from the applicant consistent with the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, specifying in detail the information that is required. If a request for additional information is made, the sixtyday period to issue a decision is stayed until the applicant responds to the request.

(c)

Referral to other reviewing authority. The executive director shall have the authority, upon his or her sole discretion, to refer any reasonable accommodation application to any other reviewing authority, including, but not limited to, the planning commission, the zoning administrator, or the historic resources commission, to review the reasonable accommodation application and make a determination on the same in accordance with the applicable sections.

(Ord. No. NS-2813, § 5, 3-21-11)

Sec. 41-654. - Same—Standards.

(a)

Findings. The decision to grant, grant with modifications, or deny an application for reasonable accommodation shall be based on a finding of consistency with the Acts and shall take into consideration all of the following factors:

1.

Whether the housing or housing related facilities, which are the subject of the request, will be used by an individual with a disability under the Acts.

2.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on 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.

Whether the requested reasonable accommodation would be contrary to the public health, safety, or welfare, or be injurious to the property or improvements of adjacent properties.

6.

Whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures.

7.

Whether alternative reasonable accommodations could provide an equivalent level of benefit.

8.

Whether the property is in compliance with the then existing laws and regulations otherwise applicable to the property that is the subject of the request. If any non-compliance is through no fault of the applicant or unrelated to the request for reasonable accommodation, the executive director may waive this requirement. However, such a waiver shall not preclude the city from requiring that the existing violations be corrected in accordance with the Santa Ana Municipal Code.

(b)

Conditions of approval. In granting a request for reasonable accommodation, the executive director of the planning and building agency may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling.

(c)

Restrictive covenant. When applicable, the city shall enter into a restrictive covenant with the owner of the property which provides that prior to any sale, transfer, lease or other conveyance of the property, or at the time the need for the reasonable accommodation is no longer necessary, that the owner of the property shall bring the property into conformance with the city's zoning code to the extent that relief was provided under the zoning code as part of the request for reasonable accommodation. The restrictive covenant shall be recorded against the property being granted the reasonable accommodation. The restrictive covenant shall provide that the reasonable accommodation does not run with the land and shall terminate upon any sale, transfer, lease or other conveyance of the property. Upon submittal of a new application for a successor in interest to the property, the executive director may consider a continuation of the reasonable accommodation if it is consistent with and does not extend the original approval.

(Ord. No. NS-2813, § 6, 3-21-11)

Sec. 41-655. - Same—Miscellaneous provisions.

(a)

Time extension; voidance; revocation. Any reasonable accommodation approved in accordance with the terms of this article may be extended, voided, or revoked for the same reasons and in the same manner as a conditional use permit, as detailed in article V of this chapter, or for any violations of this article, or for any violations of the terms and conditions of the reasonable accommodation, or if any law is violated in connection with the use of the reasonable accommodation.

(b)

Resubmittal of applications. No request for reasonable accommodation that has been denied in whole or in part shall be filed again within six (6) months from the date of such denial except upon proof of changed conditions or by permission of the executive director of the planning and building agency.

(c)

Modifications. A request to modify an approved reasonable accommodation shall be treated as a new application, unless in the opinion of the executive director the requested modification results in only a minor change, is within the authority of the executive director to approve, and is consistent with the original approval.

(d)

Appeals. The applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination as provided in chapter 3 of this Code.

(Ord. No. NS-2813, § 7, 3-21-11)

Secs. 41-656—41-658. - Reserved. DIVISION 2. - AMENDMENTS AND CHANGES OF DISTRICT BOUNDARIES[[10]]

Footnotes:

--- ( 10 ) ---

Note— See the amendment footnote to Art. V.

Sec. 41-659. - Initiation of proceedings.

Whenever the public necessity, convenience and general welfare justifies such action, the planning commission or council upon their own motion may, or upon the verified application of any interested persons shall, initiate proceedings to amend, supplement or change the districts designed on the affected sectional district map established by this chapter.

(Code 1952, § 9255; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Sec. 41-660. - Filing of application.

Application for change of district shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission shall provide forms for such purpose and may prescribe the type of information to be provided thereon. No petition shall be received unless it complies with such requirements.

Applications filed pursuant to this chapter shall be numbered consecutively in the order of filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto.

(Code 1952, § 9255.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Sec. 41-661. - Filing fee for amendment applications.

Every amendment application shall be accompanied by a filing fee. No amendment application shall be accepted for filing unless it is accompanied by the required fee. The city council shall from time to time by resolution establish the fee required by this section, and a schedule of all fees under this chapter shall be maintained in the office of the planning department.

(Code 1952, § 9255.2; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1186, § 2, 10-1-73)

Sec. 41-662. - Investigation.

The planning commission shall cause to be made by its members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this chapter, with previous amendments and in substantial conformance with the general plan.

(Code 1952, § 9255.3; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Sec. 41-663. - Notices.

Following the receipt in proper form of any such application, the director of planning shall fix a time and place of public hearing thereon. The date of such public hearing and location of the property and nature of the request shall be given in a manner consistent with Section 2-153 of this Code.

(Code 1952, § 9255.4; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-3044, § 9, 6-20-23)

Sec. 41-664. - Public hearing.

Public hearing shall be held before the planning commission at the time and place for which public notice has been given as hereinbefore required. The planning commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued provided that prior to the adjournment or recess thereof the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.

(Code 1952, § 9255.5; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Sec. 41-665. - Decision by planning commission.

The decision of the planning commission in recommending the amendment of any sectional district map shall be advisory only.

(Code 1952, § 9255.6. Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Sec. 41-666. - Finding of fact transmitted to city council.

Within ten (10) days after final action by the planning commission recommending an amendment of any sectional district map, its recommendations together with complete records of the case shall be forwarded to the council.

(Code 1962, § 9256.7; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Sec. 41-667. - Council action.

The council after receipt of the report and recommendation from the planning commission shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as hereinbefore prescribed in this chapter. No permit or license shall be issued for any use involved in

an application for a change of zone until same shall have become final by the adoption of an ordinance by the council.

(Code 1955, § 9255.8; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

DIVISION 3. - DEVELOPMENT PROJECT PLAN APPROVAL

Sec. 41-668. - Definitions.

(a)

Development project. As used in this division, the term "development project" includes any of the following projects:

(1)

The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of two thousand five hundred (2,500) square feet or more is constructed or added; but excluding the following:

a.

Single family homes;

b.

Room additions to duplexes;

c.

Tenant improvements not involving a change of use;

d.

Facade improvements;

e.

Equipment covers or structures to cover equipment.

(2)

Tenant improvements involving an intensification or change in occupancy classification.

(3)

Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 a.m. and conditional use permits for the sale of alcoholic beverages.

(4)

Construction of new digital billboards, conversion of an existing static billboard within to a digital billboard, conversion/reconstruction of existing on-premise digital signs, and relocation of billboards.

(b)

Discretionary approval. As used in this division, the term "discretionary approval" means a conditional use permit, variance, minor exception, tentative map approval, change in use district designation, or similar entitlement for development, the granting of which involves the exercise of discretion, other than the plan approval process set forth in this division.

(Ord. No. NS-1700, § 2, 11-21-83; Ord. No. NS-2102, § 4, 2-4-91; Ord. No. NS-2303, § 1, 11-1-96; Ord. No. NS-2356, § 3, 7-6-98; Ord. No. NS-2923, § 10, 9-16-17; Ord. No. NS-3023, § 5, 7-19-22)

Sec. 41-669. - Plan approval.

No building permit shall be issued for any development project unless consistent with plans that have been approved for such development project in accordance with this division, except as otherwise provided in a discretionary approval.

(Ord. No. NS-1700, § 2, 11-21-83; Ord. No. NS-2923, § 10, 9-16-17)

Sec. 41-670. - Standards for approval.

Plans for a development project shall be approved if the development project, as proposed in the plans, satisfies the following standards:

(1)

The development project is consistent with the general plan and with any applicable specific plan adopted pursuant to California Government Code, Section 65450 et seq.

(2)

The development project is consistent with development design and architectural standards adopted by resolution of the city council.

(3)

The development project provides for adequate vehicular and pedestrian access and circulation and vehicular parking.

(4)

The development project provides for adequate access for city emergency and service vehicles and equipment.

(5)

The development project provides for adequate utility services.

(6)

The development project complies with all applicable standards and regulations set forth in this chapter, including but not limited to landscaping requirements, trash area enclosures, and screening requirements for loading and parking areas.

(Ord. No. NS-1700, § 2, 11-21-83)

Sec. 41-671. - Filing of application for plan approval.

(a)

All applications for plan approval for development project shall be filed with the director of planning and development services. The director of planning and development services shall, by written departmental regulations, establish procedures, forms and requirements for the filing of such applications, as appropriate to determine whether the development project will comply with the standards set forth in section 41-670.

(b)

The city council may by resolution establish a fee to compensate the city for the administrative cost of the plan review process established by this division, including the appeal process set forth in section 41-674.

(Ord. No. NS-1700, § 2, 11-21-83)

Sec. 41-672. - Hearing.

(a)

Except as provided in subsection (c) of this section, whenever approval of plans for a development project will constitute a substantial or significant deprivation of property rights of other landowners, the director of planning and development services shall set the matter for public hearing pursuant to Section 2-153 of this Code.

(b)

Whenever a public hearing is required pursuant to subsection (a) of this section, the applicant may be required to provide the director of planning and development services with a list of the names and addresses of the property owners entitled to notice under said subsection (a).

(c)

If the development project requires a discretionary approval in order to proceed, and if the application for such discretionary approval requires a public hearing by the planning commission or the city council, then no hearing need be held on the development plan separate and apart from the hearing on the application for the discretionary approval; provided, however, in such event:

(1)

The notice of hearing on the application for the discretionary approval shall meet the requirements of subsection (a) of this section;

(2)

Any approval of the development project plans by the director of planning and development services shall be subject to the condition that such plans be subsequently approved by the planning commission or city council following the hearing;

(3)

The hearing shall extend to and include all issues relevant to development project plan approval under this division; and

(4)

The planning commission or city council shall approve, conditionally approve, or disapprove the plans for the development project following the hearing.

(Ord. No. NS-1700, § 2, 11-21-83; Ord. No. NS-3044, § 10, 6-20-23)

Sec. 41-673. - Decision on development project plans.

(a)

After receipt of a complete application for development project plan approval, the director of planning and development services shall approve, conditionally approve, or disapprove the plans. Conditions of approval shall be limited to those which reasonably relate to the purpose of assuring compliance with the standards set forth in section 41-670, and with requirements, if any, for subsequent discretionary approvals.

(b)

In addition to rendering a decision on the plans, the director of planning and development services shall provide direction to the applicant on the following matters:

(1)

The conformance of the project with the general plan, any applicable specific plan, and any design and architectural guidelines adopted by the city council.

(2)

The application to the development project or regulations, procedures, and fees established by or pursuant to this Code.

(3)

Subsequent discretionary approvals required for the project, if any.

(4)

Departments and agencies of the city which will be involved in the determination of requirements for the development project.

(Ord. No. NS-1700, § 2, 11-21-83)

Sec. 41-674. - Appeal.

(a)

Any person aggrieved by a determination of the director of planning and development services pursuant to section 41-673 may appeal such determination to the planning commission, which may then approve, conditionally approve, or disapprove the plan subject to the same standards and limitations as apply to the director of planning and development services under this division. The decision of the planning commission shall be final.

(b)

Any decision on a development plan approved pursuant to section 41-672(c) may be appealed according to the same procedures established for appeal of a decision on the application for a discretionary approval which is required for the development project.

(Ord. No. NS-1700, § 2, 11-21-83)

DIVISION 4. - LAND USE CERTIFICATES

Whenever a land use certificate is required for any use or activity by the provisions of this chapter, the procedures for issuance of such land use certificate shall be as follows:

(a)

Applications for a land use certificate shall be filed by the applicant with the director of planning and development services on such forms as may be provided by the director and shall be accompanied by such filing fee as may be set by resolution of the city council. The application shall provide such information and documentation as the director shall, by departmental regulation, determine to be appropriate.

(b)

The director of planning and development services shall issue the land use certificate if he determines that the use or activity will be conducted in accordance with the applicable requirements specified in this chapter; otherwise, he shall deny the land use certificate. The land use certificate, if granted, shall specifically identify the grantee and the nature and location of the use or activity to be permitted, and the limitations imposed by this chapter on such use or activity. In the event that the use or activity is one which is limited by the provisions of this chapter to a maximum number of days per period of time, the land use certificate may designate the dates on which such use or activity is permitted.

(c)

See section 41-196 for land use certificate ABC license requests.

(Ord. No. NS-1729, § 2, 6-4-84; Ord. No. NS-2334, § 7, 11-3-97)

Sec. 41-676. - Revocation of land use certificates.

The director of planning and development services may revoke a land use certificate, after notice and opportunity to be heard by the grantee, upon his determination that the land use certificate is being exercised in a manner contrary to the regulations of this chapter which are applicable to the use or activity permitted by the land use certificate.

(Ord. No. NS-1729, § 2, 6-4-84)

Sec. 41-677. - Appeals from denials or revocations of land use certificates.

Any applicant for a land use certificate whose application is denied by the director of planning and development services, and any grantee whose land use certificate is revoked by the said director, may, within ten (10) days following such decision, appeal such decision to the planning commission, in which event the decision of the director shall be vacated, and the planning commission shall determine whether to issue or revoke the land use certificate in accordance with the requirements of this chapter applicable thereto. The applicant or grantee shall be given at least five (5) days prior written notice by the director of the time and place at which the planning commission will consider the application or revocation and shall be provided with an opportunity to be heard by the planning commission prior to its decision being made. The director or the planning commission may provide such other notice of a hearing on the matter as they deem appropriate. An appeal pursuant to this section shall be filed in writing by the applicant or grantee and shall be accompanied by a fee equal to one-half (½) of the original application fee. The decision of the planning commission shall be final with no further right of appeal.

(Ord. No. NS-1729, § 2, 6-4-84)

Sec. 41-678. - Reserved. ARTICLE VI. - NONCONFORMING BUILDINGS AND USES

Sec. 41-679. - Applicability of article.

Nonconforming buildings and uses are subject to the regulations contained in this article.

(Code 1952, § 9260; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-680. - Maintenance of structure.

A nonconforming building or structure may be maintained, said maintenance to consist of repair work necessary to keep a building or structure in sound condition.

(Code 1952, § 9260.1; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-681. - Enlargement or exterior structural alteration of building; conformance required; exceptions.

No nonconforming building or building occupied by a nonconforming use shall be enlarged nor shall the exterior walls of such a building be structurally altered in any manner unless such building and the site on which it is located will thereafter conform to all applicable provisions of this chapter, except as otherwise provided in sections 41-681.1 through 41-681.4.

(Code 1952, § 9260.2; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1732, § 52, 6-25-84; Ord. No. NS-1753, § 3, 11-19-84; Ord. No. NS-1835, § 1, 2-3-86; Ord. No. NS-1961, § 4, 6-6-88)

Sec. 41-681.1. - Rehabilitation of nonresidential buildings—Sites of less than fifteen thousand square feet.

Rehabilitation of any nonconforming building which is used for any nonresidential purpose and which is located on a site having less than fifteen thousand (15,000) square feet or gross area is subject to the following exceptions from section 41-681:

(1)

Rehabilitation which is limited to structural alterations without any building expansion is permitted if all signage on the building and the site on which it is located is brought into conformity with the requirements of this chapter, except that, in the case of such alterations being undertaken by a tenant on a site having more than one (1) tenant, such alterations are permitted if all signage on the area leased by such tenant is brought into conformity with the requirements of this chapter.

(2)

Rehabilitation which includes expansion of the building is permitted when the total floor area of all such expansions occurring in any five-year period does not exceed ten (10) per cent of the floor space of the building as it existed at the beginning of such time period, provided that the following conditions are satisfied:

a.

All signage on the building and the site on which it is located shall be brought into conformity with the requirements of this chapter.

b.

Off-street parking shall be provided in conformance with the requirements of this chapter. With regard to sites having more than one (1) business occupant, only the occupant undertaking the building expansion is required to achieve conformity with the applicable off-street parking requirements of this chapter.

c.

Landscaping shall be improved to bring the site on which the building is located into closer compliance with the landscaping requirements of this chapter, as deemed appropriate by the planning director.

d.

Bicycle parking shall be improved to bring the site on which the building is located into closer compliance with the bicycle parking requirements of this chapter, as deemed appropriate by the planning director.

(3)

Rehabilitation which includes expansion of the building is permitted when the total floor area of all such expansions occurring in any five-year period exceeds ten (10) per cent but does not exceed twenty-five (25) per cent of the floor space of the building as it existed at the beginning of such time period, if the building and the site on which it is located is brought into conformity with all of the requirements of this chapter except those pertaining to building setbacks (minimum yards), minimum lot size, and minimum street

frontage. With regard to sites having more than one (1) business occupant, only the occupant undertaking the building expansion is required to achieve conformity with the applicable off-street parking requirements of this chapter.

(Ord. No. NS-1961, § 5, 6-6-88; Ord. No. NS-2787, § 5, 6-8-09)

Sec. 41-681.2. - Same—Sites of fifteen thousand square feet or more.

Rehabilitation of any nonconforming building which is used for any nonresidential purpose and which is located on a site having fifteen thousand (15,000) square feet or more of gross area is subject to the following exceptions from section 41-681:

(1)

Rehabilitation which is limited to structural alterations without any building expansion is permitted if all signage on the building and the site on which it is located is brought into conformity with the requirements of this chapter, except that, in the case of such alterations being undertaken by a tenant on a site having more than one (1) tenant, such alterations are permitted if all signage on the area leased by such tenant is brought into conformity with the requirements of this chapter.

(2)

Rehabilitation which includes expansion of the building is permitted when the total floor area of all such expansions occurring in any five-year period does not exceed ten (10) per cent of the floor space of the building as it existed at the beginning of such time period, provided that the following conditions are satisfied:

a.

All signage on the building and the site on which it is located shall be brought into conformity with the requirements of this chapter.

b.

Off-street parking shall be provided in conformance with the requirements of this chapter. With regard to sites having more than one (1) business occupant, only the occupant undertaking the building expansion is required to achieve conformity with the applicable off-street parking requirements of this chapter.

c.

Landscaping shall be improved to bring the site on which the building is located into closer compliance with the landscaping requirements of this chapter, as deemed appropriate by the planning director.

d.

Bicycle parking shall be improved to bring the site on which the building is located into closer compliance with the bicycle parking requirements of this chapter, as deemed appropriate by the planning director.

(Ord. No. NS-1961, § 6, 6-6-88; Ord. No. NS-2787, § 6, 6-8-09)

Sec. 41-681.3. - Rehabilitation of multiple-family dwellings.

Rehabilitation of a nonconforming building which is a multiple-family dwelling, including structural alteration and/or enlargement, is permitted subject to the following limitations:

(1)

There shall be no enlargement which would intrude into any required yard.

(2)

There shall be no enlargement which would result in a new nonconformity with the requirements of this chapter.

(3)

There shall be no increase in the number or size of bedrooms unless the site on which the building is located will be in conformance with the off-street parking requirements of this chapter.

(4)

For the purpose of this section, the limitations listed in subsections (1), (2), and (3) shall not apply to accessory dwelling units as defined and regulated in Section 41-194 of this Chapter.

(Ord. No. NS-1961, § 7, 6-6-88; Ord. No. NS-2986, § 6, 4-7-20)

Sec. 41-681.4. - Rehabilitation of single-family and two-family dwellings.

(a)

Rehabilitation of a nonconforming building whose primary use is a single-family dwelling or a two-family dwelling is permitted:

(1)

In a residential district or a specific development where residential is permitted, or

(2)

In a P district where the continuance of the use is not barred by section 41-683 and the building complies with the minimum yard requirements applicable to buildings located in the R2 district.

(b)

Structural alterations and additions may be made where the total floor area of all such expansions occurring in a five-year period does not exceed forty (40) per cent of the floor space of the building as it existed at the beginning of said time, provided:

(1)

The number of bedrooms is not increased;

(2)

The number of dwelling units is not increased; and

(3)

No new nonconformances with the requirements of this chapter are created.

(c)

Structural alterations and additions which exceed forty (40) per cent of the total floor area as it existed at the beginning of a five-year period; include the creation of new bedrooms; or remodeling which involves the demolition of more than fifty (50) per cent of the building shall be permitted; provided:

(1)

The number of dwelling units is not increased;

(2)

The parking is brought into conformance with code provisions;

(3)

No new nonconformities with the requirements of this chapter are created; and

(4)

A minimum of one thousand two hundred (1,200) square feet of usable, continuous, non-front yard openspace, excluding driveways and parking areas is provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space.

(d)

Where rehabilitation of a building involves more than fifty (50) per cent of a building wall which encroaches into a front or side yard setback is demolished or is structurally altered, the remainder of the building wall shall be demolished. Any subsequent building wall shall conform to all provisions of this chapter.

(e)

For the purpose of this section, an existing two-car garage with a minimum dimension of eighteen (18) feet by eighteen (18) feet exterior dimension shall be considered conforming.

(f)

For the purpose of this section, remodel shall mean to reconstruct, or to make over in structure or style, but shall exclude re-roof, window replacement, exterior finish replacement and repair or similar modifications.

(g)

For the purpose of this section, the limitations on adding a dwelling unit listed in subsections (a), (b), and (c) shall not apply to accessory dwelling units as defined and regulated in Section 41-194 of this Chapter. Existing non-conformities on a property otherwise eligible to build an accessory dwelling unit shall not disqualify it from building an accessory dwelling unit.

(Ord. No. NS-1961, § 8, 6-6-88; Ord. No. NS-2710, § 28, 5-1-06; Ord. No. NS-2940, § 8, 4-3-18)

Sec. 41-681.5. - Rehabilitation of emergency shelters for homeless.

Rehabilitation of a nonconforming building which is an emergency shelter for homeless, including structural alteration and/or enlargement, is permitted subject to the following limitations:

(1)

An existing emergency shelter for homeless with a minimum of thirty-five (35) beds may expand to up to seventy-five (75) beds.

(2)

The rehabilitated emergency shelter for homeless must conform with all signage, building setback, architectural standards, and landscaping requirements of the underlying zone, as well as all emergency shelter for homeless standards, except separation criteria, found in this chapter.

(3)

There shall be no enlargement which would result in a new nonconformity with the requirements of this chapter.

(Ord. No. NS-2848, § 7, 9-3-13)

Sec. 41-682. - Restoration of damaged buildings.

A nonconforming building or a building occupied by a nonconforming use which is damaged or partially destroyed by fire, flood, wind, earthquake, explosion or similar occurrence, may be restored and the nonconforming use continued, provided that the cost of repair or restoration does not exceed the building's fair market value prior to the date of the damage. In the repair or restoration of such building, there shall be no enlargement of such building nor any increase in the area of a nonconforming use within such building.

(Code 1952, § 9260.3; Ord. No. NS-455, § 1, 6-20-60, Ord. No. NS-1753, § 4, 11-19-84)

Sec. 41-683. - Discontinuance of nonconforming building or use.

Except as provided in section 41-683.5 and 41-683.6, if a nonconforming use is discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period of twelve (12) consecutive months, any subsequent use must conform in every respect to the provisions of this chapter, and a nonconforming building may not thereafter be used or occupied until it conforms in every respect to the provisions of this chapter.

(Code 1952, § 9260.4; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1550, § 1, 11-17-80; Ord. No. NS-1753, § 5, 11-19-84; Ord. No. NS-3035, § 13, 12-20-22; Ord. No. NS-3038, § 33, 2-7-23)

Sec. 41-683.5. - Discontinuance of nonconforming use of building used for sale of alcoholic beverages.

If a nonconforming use of a building for the sale of alcoholic beverages for either on-site or off-site consumption is discontinued for a period of six (6) consecutive months, any subsequent use of the building must conform in every respect to the provisions of this chapter. Any such use, whether primary or incidental, which does not have a required permit shall be deemed a nonconforming use within the meaning of this section.

(Ord. No. NS-1550, § 2, 11-17-80; Ord. No. NS-1729, § 3, 6-4-84; Ord. No. NS-1753, § 6, 11-19-84)

Sec. 41-683.6. - Discontinuance of nonconforming noxious use.

(a)

If a nonconforming use of a building regulated by Section 41-199.4 requires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business, legal nonconforming status shall be lost and any subsequent use must conform in every respect to the provisions of this chapter.

(b)

If a nonconforming use of a building regulated by Section 41-199.4 is in violation of any applicable federal, state, or local regulation for a period of sixty (60) consecutive days, receives three (3) noncompliant notices from a federal, state, or local regulatory agency in a one (1) year period, or is in violation for a total of ninety (90) days in a one (1) year period, legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of this chapter.

(Ord. No. NS-3035, § 14, 12-20-22; Ord. No. NS-3038, § 34, 2-7-23)

Sec. 41-683.7. - Discontinuance of nonconforming massage establishments.

(a)

All massage establishments that have a valid certificate of occupancy and a massage establishment permit pursuant to Chapter 22 (Massage Establishments) of this Code, prior to the effective date of this section, shall be deemed a nonconforming massage establishment.

(b)

If a nonconforming massage establishment requires a new certificate of occupancy for any reason other than a change in business name with no change in ownership of the business, the nonconforming status shall be lost and any subsequent use must conform in every respect to the provisions of this chapter.

(c)

If a nonconforming massage establishment is in violation of any applicable federal, state, or local regulation for a period of sixty (60) consecutive days, receives three (3) noncompliant notices from a federal, state, or local regulatory agency in a one (1) year period, or is in violation of any applicable federal, state, or local

regulation for a total of ninety (90) days in a one (1) year period, the nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of this chapter.

(Ord. No. NS-3044, § 5, 6-20-23)

A nonconforming use of land or buildings shall not be expanded on the same or nearby property. A nonconforming use of part of a building shall not be expanded or extended into any other part of such building.

(Code 1952, § 9260.5; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1753, § 7, 11-19-84)

Sec. 41-685. - Change of a nonconforming use.

(a)

The conversion of a residence in any commercial or industrial district to a use permitted in that district shall conform in every respect to all requirements and conditions set forth for such new use by this chapter.

(b)

Except as specified in section 41-685.5, 41-683.6, and 41-683.7, a commercial use in the M1 or M2 district which is a nonconforming use by reason of the absence of a conditional use permit may be changed to another commercial use without the necessity of obtaining a conditional use permit.

(Code 1952, § 9260.6; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-521, § 19, 6-19-62; Ord. No. NS-1753, § 8, 11-19-84; Ord. No. NS-1961, § 9, 6-6-88; Ord. No. NS-2209, § 5, 12-20-93; Ord. No. NS-2803, § 16, 6-21-10; Ord. No. NS-3044, § 6, 6-20-23)

Sec. 41-685.5. - Intensification of use.

(a)

A nonconforming use shall not be changed to another nonconforming use and a use in a nonconforming building shall not be changed to another use if an intensification of use would result.

(b)

As used herein, "intensification of use" means a change of use of land or buildings where more off-street parking spaces are required for the new use than were required for the previous use and/or where the new use would have greater adverse environmental effects than the previous use.

(c)

The determination of whether a change of use would result in an intensification of use shall be made by the planning director. Any person aggrieved by a determination of the planning director that the new use would have greater adverse environmental effects than the previous use shall be entitled to have such issue submitted to the planning commission for final determination. Otherwise, the decision of the planning director shall be final.

(Ord. No. NS-1961, § 10, 6-6-88)

Sec. 41-686. - Additional uses on lots of nonconforming use or building.

While a nonconforming use or building exists on any lot, no other use, including, but not limited to, offpremises commercial advertising signs, shall be permitted even though such other use would otherwise be conforming. This section does not apply to wireless communication facilities.

(Code 1952, § 9160.7; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1753, § 9, 11-19-84; Ord. No. NS-2102, § 5, 2-4-91; Ord. No. NS-2356, § 4, 7-6-98)

Sec. 41-687. - Nonconforming junk and auto salvage yards.

(a)

All junk or salvage yards situated in residential, commercial or light industrial districts shall be screened from adjacent properties and public streets by a solid wall or fence with solid gates to a height of not less than eight (8) feet, nor more than ten (10) feet. Further, the storage of wrecked vehicles and salvage materials shall not be piled higher than the wall or fence around such storage or work area.

(b)

All junk or salvage yards in the heavy industrial district shall be screened from adjacent properties and public streets by a solid wall or fence with solid gates to a height of not less than eight (8) feet, nor more than twelve (12) feet. Further, the storage of wrecked vehicles and salvage materials shall not be piled higher than the wall or fence within the front twenty-five (25) feet of the yard along adjacent properties and public streets, and stacks elsewhere on the site shall be no higher than fifteen (15) feet.

(c)

Solid fences or walls shall be constructed of any combination of masonry, brick, metal or wood with the approval of the planning department and shall be continuously maintained.

(d)

No salvage materials, wrecked automobiles or automobiles purchased for salvage shall be permitted to remain outside the solid fences or walls surrounding the junk and auto salvage yards.

(e)

All legal but nonconforming junk and auto salvage yards may continue, provided that they conform to the operational standards required in this section within six (6) months from the effective date of this section.

(Code 1952, § 9260.9; Ord. No. NS-991, § 1, 12-1-69)

Sec. 41-688. - Late-night eating establishments.

From and after the date occurring two (2) years after the date of adoption of the ordinance adding this section to the municipal code [Jan. 18, 1994], no eating establishment which is a nonconforming use by reason of being open for business at any time between the hours of 12:00 a.m. and 5:00 a.m. shall continue

to operate during such hours unless a conditional use permit to do so has been granted to such establishment.

(Ord. No. NS-2213, § 5, 1-18-94)

Editor's note— Former § 41-688, which pertained to compliance with off-street parking regulations in cases of addition to or alteration of nonconforming building and derived from Ord. No. NS-1674, § 17, adopted Mar. 21, 1983, was repealed by Ord. No. NS-1961, § 11, adopted June 6, 1988.

When a nonconforming service station is rehabilitated or intensified, or a use is changed on the premises, the fifteen-foot street frontage setback requirement may be reduced, provided that an equivalent area of landscaping is provided at a location on-site in the view of the public street and approved by the planning manager.

(Ord. No. NS-2118, § 14, 3-18-91)

Any use of real property existing on June 7, 1999, which is a transient/residential hotel as defined in section 41-139 of this Code, but which was constructed, operated, and maintained in compliance with all regulations and design and development standards adopted by the city, shall be regarded as a nonconforming use which may be continued until July 1, 2004. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved in accordance with the provisions of section 41-690.4 below.

(a)

Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as a transient/residential hotel for a continuous period of one (1) year shall result in a loss of legal nonconforming status of such use.

(b)

Amortization—annexed property. Any transient/residential hotel which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the regulations and design and development standards for transient/residential hotels shall be terminated by July 1, 2004 or within one (1) year of the date of annexation, whichever comes later, unless an extension of time has been approved in accordance with the provisions of section 41-690.4.

(Ord. No. NS-2471, § 8, 5-21-01)

Sec. 41-690.2. - Reducing long-term occupancies in nonconforming transient/residential hotels.

(a)

Nonconforming transient/residential hotels with existing long-term occupancies shall notify such guests of the pertinent provisions of this chapter. Such notice shall be provided to current long-term guests at least thirty (30) days prior to January 1, 2002 and to new long-term guests established after July 1, 2001 at the time of occupancy.

(b)

The provisions of this section shall not be interpreted nor used to avoid the application of any rights of occupants pursuant to California Civil Code section 1940.1.

(c)

Nonconforming transient/residential hotels shall not re-rent units for subsequent long-term occupancies after such units are vacated by long-term guests after July 1, 2001, unless and until either:

(1)

The hotel/motel no longer meets the definition of a transient/residential hotel; or

(2)

The transient/residential hotel has been placed in a SP (Specific Plan) or SD (Specific Development) district and has obtained a conditional use permit.

(d)

For the purposes of this section, the phrase "long-term guest" or "long term occupancy" shall be a guest or occupancy with a stay exceeding twenty-eight (28) consecutive days or twenty-eight (28) days in any sixty (60) consecutive day period.

(Ord. No. NS-2471, § 8, 5-21-01)

Sec. 41-690.3. - Annual self-audit of all hotels/motels.

(a)

The operator or a hotel/motel shall keep written records of the name and permanent address of all persons renting a unit, together with the dates of occupancy, length of stay and room rate.

(b)

Annually, commencing January 31, 2001, each hotel/motel shall submit to the City Planning and Building Agency a report or statement of the average number of long-term guests at the hotel/motel on the following four days of the prior year: January 1, April 1, June 1, and September 1.

(c)

Each self-audit report or statement shall be subject to audit and verification by the city or its authorized agents, who are hereby authorized to examine, audit and inspect such books and records as may be necessary in their judgment to verify and determine the accuracy of the self-audit report or statement. The

self-audit report or statement [shall] not be binding nor conclusive, nor shall the filing or failure to file such report or statement preclude the city from conducting an audit.

(d)

Every operator of a hotel/motel shall keep and preserve for a period of not less than four (4) years all records as may be necessary to determine the percentage of long-term guests at the hotel/motel, which records shall be made available to the city or its agents at all reasonable times for purposes of conducting an audit. Each operator shall permit an examination of such books and records at a location within the city. In the event such books and records cannot be made available within the city, the operator shall reimburse the city for the cost of all transportation, lodging, meals, portal-to-portal travel time and other incidental costs reasonably incurred by the city in conducting the audit. Appropriately identified confidential or proprietary information furnished to the city as part of an audit shall remain confidential, unless they are furnished to the city as part of an application pursuant to section 41-690.4, civil action or criminal prosecution.

(e)

For the purposes of this section, the phrase "long-term guest" or "long term occupancy" shall be a guest or occupancy with a stay exceeding twenty-eight (28) consecutive days or twenty-eight (28) days in any sixty (60) consecutive day period.

(Ord. No. NS-2471, § 8, 5-21-01)

Sec. 41-690.4. - Extension of time for termination of nonconforming use.

The owner or operator of a nonconforming transient/residential hotel as defined in section 41-139 may apply under the provisions of this section for a one-time only extension of time within which to terminate the nonconforming use.

(a)

Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of section 41-139, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the Planning and Building Agency at least six (6) months but no more than eighteen (18) months prior to the time established in section 41-690.1 for termination of such use.

(b)

Content of application; fees. The application shall fully state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

(c)

Hearing procedure. The planning commission shall hear the application at a duly noticed public hearing to be held not later than forty-five (45) days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by

counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(d)

Approval of extension; findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the planning commission makes all of the following findings or such other findings as are required by law:

(1)

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to a conforming use; and such investment was made prior to July 1, 2001; and

(2)

The applicant will be unable to recoup said investment as of the date established for termination of the use; and

(3)

The applicant has made good faith efforts to recoup the investment; and

(4)

Despite the applicant's good faith efforts, significant numbers of long-term hotel guests who have continuously been hotel guests prior to July 1, 2001, have not checked out.

(e)

Appeal of decision. Any interested person may appeal the decision approving or denying such an extension pursuant to the provisions of Chapter 3 of this Code. The decision rendered by means of the provisions of Chapter 3 shall be final and subject to judicial review pursuant to Code of Civil Procedure section 1094.6.

(Ord. No. NS-2471, § 8, 5-21-01)

Secs. 41-691—41-697. - Reserved.

ARTICLE VII. - SETBACK LINES AND FUTURE RIGHT-OF-WAY LINES

Setback lines along the following streets and portions of streets in the city are established and reestablished, between which setback lines and which streets, respectively, no person shall erect or move in any building, structure or thing, except that the construction or maintenance of a wall, fence or hedge of no more than four (4) feet in height between a setback line and the street line shall not be prohibited by this section if it complies with other provisions of this Code.

The setback lines are located and described as follows:

(1)

North Broadway, on both sides, from Tenth Street to Santa Clara Avenue, fifty-five (55) feet from and at right angles to the survey center line of said street.

(2)

North Broadway, on the east side, from Santa Clara Avenue to the Southern Pacific Railroad, one hundred (100) feet from and at right angles to the survey center line of said street.

(3)

North Flower Street, on both sides, from the north line of tract No. 748 to the south line of Santa Clara Avenue, eighty (80) feet from and at right angles to the survey center line of said street.

(4)

West Seventeenth Street, on the north side, from Bristol Street west to a point one hundred thirty-eight and seventy-one hundredths (138.71) feet east of the survey center line of Alona Street, one hundred forty (140) feet north of and at right angles to the survey center line of Seventeenth Street; and on the north side from Bristol Street to Baker Street, sixty (60) feet from and at right angles to the survey center line of Seventeenth Street.

(5)

West First Street, on the north side between Townsend Street and the Santa Ana River, fifty-five (55) feet from and at right angles to the survey center line of First Street; on the south side between Daisy Street and the Santa Ana River, fifty-five (55) feet from and at right angles to the survey center line of First Street.

(6)

North Ross Street from Nineteenth Street to Santa Clara Avenue, on both sides, sixty-five (65) feet from and at right angles to the survey center line of Ross Street.

(7)

Cypress Avenue, on both sides, from Goetz Avenue to an unnamed street on the south, a distance of approximately four hundred (400) feet, thirty (30) feet from and at right angles to the survey center line of Cypress Avenue.

(8)

Euclid (Verano) Street, on the east side, between the south line of proposed Lehnhardt Avenue and a point two hundred ten (210) feet north of the center line of Edinger Avenue, one hundred ten (110) feet from and measured at right angles to the surveyed center line of Euclid (Verano) Street.

(9)

Edinger Avenue, on the north side, between a point two hundred seven (207) feet east of the surveyed center line of Euclid (Verano) Street and a point five hundred twenty (520) feet east of the surveyed center line of Euclid (Verano) Street, one hundred twenty (120) feet from and measured at right angles to the surveyed center line of Edinger Avenue.

(10)

McFadden Avenue, on the north side, between a line parallel with and two hundred fifty-two (252) feet east of the center line of proposed Fairview Street, and a line parallel with and six hundred fifty (650) feet east of the center line of proposed Fairview Street, two hundred ten (210) feet from and measured at right angles to the center line of McFadden Avenue.

(11)

Fairview Street, on the east side, between a line parallel to and two hundred fifty-four (254) feet north of the center line of McFadden Avenue and a line parallel to and one thousand three hundred twenty (1,320) feet north of the center line of McFadden Avenue, two hundred ten (210) feet from and measured at right angles to the center line of Fairview Street.

(12)

Fairview Street and Warner Avenue, southeast corner, described as: On the east side of Fairview Street, beginning at a point two hundred ten (210) feet south of the center line of Warner Avenue and extending southerly seven hundred eighty (780) feet from the center line of Warner Avenue, said setback line being measured two hundred fifty-nine (259) feet east of and at right angles to the center line of Fairview Street; and on the south side of Warner Avenue beginning, at a point two hundred ten (210) feet east of the center line of Fairview Street and extending easterly seven hundred eighty (780) feet from the center line of Fairview street, said setback line being measured two hundred fifty-nine (259) feet south of and at right angles to the center line of Warner Avenue.

(Ord. No. NS-2097, § 1, 11-19-90)

Sec. 41-699. - Future right-of-way lines established.

Future right-of-way lines are established and reestablished along certain streets and portions of streets within the city as hereinafter set out, and no person shall erect, move in, or structurally alter any building or structure between said future right-of-way lines and streets, respectively; however, nothing herein is intended to prohibit the construction or erection of a hedge, masonry wall or fence, provided said hedge, masonry wall or fence meets with the requirements of the district within which it is located and all other provisions of this Code of Ordinances. Parking spaces located in the area between a street and its future right-of-way line shall not be included in the determination of whether the uses served by those parking spaces have sufficient parking spaces under the off-street parking requirements of this chapter.

(Code 1952, § 9271; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-625, 12-3-62; Ord. No. NS-777, § 1, 1- 18-65; Ord. No. NS-917, § 1, 6-3-68; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-2097, § 2, 11-19-90)

Sec. 41-700. - Alton Street.

(a)

On both sides, forty (40) feet from survey center line, between Main Street and Halladay Street.

(Code 1952, § 9271.1; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— Ord. No. NS-954, § 1, amended §§ 9271.1—9271.29 of the 1952 Code, §§ 41-700—41728 herein, "to read as follows" and added §§ 9271.30—9271.33, codified as §§ 41-729—41-732. The catchline and text must be read in conjunction with § 41-699.

On both sides, fifty (50) feet from construction center line, between Sunflower Avenue and Warner Avenue and between Santiago Creek and the Garden Grove Freeway.

(Code 1952, § 9271.2; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69; Ord. No. NS-2097, § 3, 11-19-90; Ord. No. NS-2137, § 5, 7-1-91)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the editor's note following § 41-700.

Sec. 41-701.5. - Reserved.

Editor's note— Ord. No. NS-2137, § 6, adopted July 1, 1991, repealed former § 41-701.5, which pertained to future right-of-way lines along Bristol Street and derived from Ord. No. NS-2097, § 4, adopted Nov. 19, 1990.

Sec. 41-702. - Broadway.

(a)

On the west side, thirty-eight (38) feet from survey center line, between First Street and Walnut Street.

(b)

On the east side, forty-two (42) feet from survey center line, between First Street and Walnut Street.

(c)

On both sides, forty (40) feet from survey center line, between Walnut Street and Main Street.

(Code 1952, § 9271.3; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

(a)

On the north, thirty (30) feet from survey center line, between the Pacific Electric Railroad and the Southern Pacific Railroad.

(b)

On the south side, fifty (50) feet from survey center line, between the Pacific Electric Railroad and the Southern Pacific Railroad.

(c)

On both sides, between the Southern Pacific Railroad and Grand Avenue, forty (40) feet from construction center line as shown on public works department's file 1-5-8 drawing.

(d)

On the north side, thirty (30) feet from survey center line, between Grand Avenue and the Newport Freeway.

(e)

On the south side, fifty (50) feet from survey center line, between Grand Avenue and the Newport Freeway.

(Code 1952, § 9271.4; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-704. - Cypress Avenue.

(a)

On both sides, thirty (30) feet from survey center line, between Warner Avenue and Chestnut Avenue.

(b)

On both sides, forty (40) feet from survey center line, between Chestnut Avenue and First Street.

(Code 1952, § 9271.5; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-705. - Edinger Avenue.

(a)

On both sides, fifty (50) feet from survey center line, between a point approximately 200 feet east of Euclid Street and the survey center line of Newhope Street.

(b)

On both sides, fifty (50) feet from the survey center line, between the Santa Ana River Bridge and a point approximately 479 feet west of the center line of Fairview Street.

(c)

On both sides, fifty (50) feet from construction center line, between a point 479 feet west of the center line of Fairview Street and a point 211 feet east of the center line of Gordon Place (reference diagrams 21-35 on file in department of public works).

(d)

On both sides, fifty (50) feet from survey center line, between a point 211 feet east of the center line of Gordon Place and Raitt Street.

(e)

On the north side, forty-four (44) feet from survey center line, between Raitt Street and Bristol Street.

(f)

On the south side, fifty-six (56) feet from survey center line, between Raitt Street and Bristol Street.

(g)

On both sides, fifty (50) feet from survey center line, between Maple Street and Standard Avenue.

(h)

On both sides, fifty (50) feet from survey center line, between Lyon Street and the Newport Freeway.

(Code 1952, § 9271.6; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

(a)

On both sides, forty (40) feet from survey center line, between Fairview Street and Bristol Street.

(Code 1952, § 9271.7; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment not following § 41-700.

(a)

On both sides, fifty (50) feet from survey center line, between the south city limits and Hazard Avenue.

(b)

On both sides, fifty-two (52) feet from survey center line, between Hazard Avenue and Seventeenth Street.

(Code 1952, § 9271.8; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-708. - Fairhaven Avenue.

(a)

On both sides, forty (40) feet from survey center line, between Glassell Avenue and the Newport Freeway.

(Code 1952, § 9271.9; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-709. - Fairview Street.

(a)

On both sides, fifty-two (52) feet from survey center line, between Sunflower Avenue and MacArthur Boulevard.

(b)

On both sides, fifty (50) feet from survey center line, between MacArthur Boulevard and First Street.

(c)

On both sides, fifty-two (52) feet from survey center line, between First Street and the north city limits.

(Code 1952, § 9271.10; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-710. - Fifth Street.

(a)

On both sides, forty (40) feet from survey center line, between Harbor Boulevard and Fairview Street.

(Code 1952, § 9271.11; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-711. - First Street—Bolsa Avenue.

(a)

On both sides, sixty (60) feet from survey center line, between the west city limits and Harbor Boulevard.

(b)

On both sides, fifty-two (52) feet from survey center line, between Harbor Boulevard and the Santa Ana River Bridge.

(c)

On both sides, fifty (50) feet from survey center line, between the Santa Ana River Bridge and Townsend Street.

(d)

On the north side, seventy (70) feet from survey center line, between Townsend Street and Main Street.

(e)

On the north side, between Main Street and Bush Street, beginning at a point on the survey center line of Main Street sixty-five (65) feet north of the survey center line of First Street and extending easterly to a point on the survey center line of Bush Street, seventy-one (71) feet north of the survey center line of First Street.

(f)

On the north side, seventy-one (71) feet from survey center line, between Bush Street and Spurgeon Street.

(g)

On the north side, between Spurgeon Street and French Street, beginning at a point on the survey center line of Spurgeon Street, seventy-one (71) feet north of the survey center line of First Street and extending easterly to a point on the survey center line of French Street, sixty-five (65) feet north of the survey center line of First Street.

(h)

On the north side, sixty-five (65) feet, from survey center line, between French Street and Standard Avenue.

(i)

On both sides, forty-five (45) feet from survey center line, between Standard Avenue and Minnie Street.

(j)

On the north side, thirty-three (33) feet from the center line, between Minnie Street and McClay Street.

(k)

On the south side, fifty-seven (57) feet from survey center line, between Minnie Street and McClay Street.

(l)

On the north side, thirty-three (33) feet from survey center line, between McClay Street and the Santa Ana Freeway.

(m)

On the south side, sixty-seven (67) feet from survey center line, between McClay Street and the Santa Ana Freeway.

(n)

On both sides, fifty (50) feet from survey center line, between the Santa Ana Freeway and Tustin Avenue.

(Code 1952, § 9271.12; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-712. - Flower Street.

(a)

On both sides, forty (40) feet from survey center line, between Sunflower Avenue and Pine Street.

(b)

On both sides, forty (40) feet from survey center line, between Seventeenth Street and Memory Lane.

(Code 1952, § 9271.13; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-713. - Fourth Street.

(a)

On both sides, fifty-two (52) feet from survey center line, between Raitt Street and Van Ness Avenue.

(b)

On both sides, fifty (50) feet from survey center line, between the Santa Ana Freeway and the Newport Freeway.

(Code 1952, § 9271.14; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-714. - Grand Avenue.

(a)

Between Warner Avenue and McFadden Avenue on both sides, fifty (50) feet from the survey center line.

(b)

Between McFadden Avenue and Chestnut on both sides, fifty (50) feet from the Master Plan center line as shown on public works department's file 1-1-5 drawing.

(c)

Between Chestnut Avenue and First Street on both sides, fifty (50) feet from the survey center line as shown on public works department's file 1-4-8 drawing.

(d)

Between First Street and Fourth Street on both sides, fifty (50) feet from the Master Plan center line as shown on public works department's file 1-85-5 drawing.

(e)

Between Fourth Street and the Garden Grove Freeway, on both sides, fifty (50) feet from the survey center line.

(Code 1952, § 9271.15; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-942, § 1, 11-18-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-715. - Harbor Boulevard.

(a)

On both sides, sixty (60) feet from survey center line, from Sunflower Avenue to Seventeenth Street.

(Code 1952, § 9271.16; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-716. - Hazard Avenue.

(a)

On both sides, forty (40) feet from survey center line, between the west city limits and Harbor Boulevard.

(Code 1952, § 9271.17; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-717. - MacArthur Boulevard.

(a)

On both sides, sixty (60) feet from survey center line, between Main Street and Red Hill Avenue.

(b)

On the north side, fifty-two (52) feet from survey center line, between the Santa Ana River and Harbor Boulevard.

(c)

On both sides, fifty-two (52) feet from survey center line, between Harbor Boulevard and Greenville Street.

(d)

On both sides, fifty-two (52) feet from survey center line, between the west line of Tract No. 4951 and Main Street.

(Code 1952, § 9271.18; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-718. - Main Street.

(a)

On both sides, fifty-two (52) feet from survey center line, between the Newport Freeway and a point 2,501.75 feet south of the center line of Warner Avenue.

(b)

On the west side, beginning at a point fifty-two (52) feet from and at right angles to survey center line of Main Street and 2,501.75 feet south of the center line of Warner Avenue to a point sixty (60) feet from and at right angles to survey center line of Main Street and 2,181.75 feet south of the center line of Warner Avenue.

(c)

On the east side, beginning at a point fifty-two (52) feet from and at right angles to survey center line of Main Street and 2,501.75 feet south of the center line of Warner Avenue to a point forty-four (44) feet from and at right angles to survey center line of Main Street and 2,181.75 feet south of the center line of Warner Avenue.

(d)

On the west side, sixty (60) feet from survey center line, between a point 2,181.75 feet south of the center line of Warner Avenue and the center line of Warner Avenue.

(e)

On the east side, forty-four (44) feet from survey center line, between a point 2,181.75 feet south of the center line of Warner Avenue and the center line of Warner Avenue.

(f)

On both sides, thirty-six (36) feet from survey center line, between Warner Avenue and First Street.

(g)

On both sides, forty (40) feet from survey center line, between First Street and Sixth Street.

(h)

On both sides, forty-four (44) feet from survey center line, between Sixth Street and Seventeenth Street.

(i)

On both sides, fifty (50) feet from survey center line, between the Santa Ana Freeway and Seventeenth Street.

(j)

On both sides, fifty-two (52) feet from survey center line, between the Santa Ana Freeway and the north city limits.

(Code 1952, § 9271.19 ; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-719. - McFadden Avenue.

(a)

On both sides, forty (40) feet from survey center line, between the west city limits and Fairview Street.

(b)

On both sides, forty (40) feet from survey center line, between a point 211 feet east of the center line of Clara Street and the Newport Freeway.

(Code 1952, § 9271.20; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-720. - Memory Lane.

(a)

On both sides, fifty (50) feet from survey center line, between the Santa Ana River and Flower Street.

(Code 1952, § 9271.21; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-721. - Newhope Street.

(a)

On both sides, forty (40) feet from survey center line, between Edinger Avenue and Seventeenth Street.

(Code 1952, § 9271.22; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-722. - Northeast Boulevard—Fruit Street.

(a)

On both sides, fifty-two (52) feet from survey center line, between French Street and Santiago Street.

(Code 1952, § 9271.23; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-723. - Raitt Street.

(a)

On both sides, forty (40) feet from survey center line, between Segerstrom Avenue and Willits Street.

(b)

On both sides, thirty (30) feet from survey center line, between Willits Street and Washington Avenue.

(Code 1952, § 9271.24; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-724. - Red Hill Avenue.

(a)

On both sides, fifty-two (52) feet from survey center line, between MacArthur Boulevard and Warner Avenue.

(Code 1952, § 9271.25; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-725. - Ross Street.

(a)

On both sides, thirty (30) feet from survey center line, between First Street and Fourth Street.

(b)

On both sides, thirty (30) feet from survey center line, between Eighth Street and Seventeenth Street.

(Code 1952, § 9271.26; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-726. - Santa Clara Avenue.

(a)

On both sides, forty (40) feet from survey center line, between Glassell Avenue and the Newport Freeway.

(Code 1952, § 9271.27; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Editor's note— The catchline and text must be read in conjunction with § 41-699. See also the amendment note following § 41-700.

Sec. 41-727. - Segerstrom Avenue—Dyer Road—Barranca Road.

(a)

On both sides, forty (40) feet from survey center line, between Raitt Street and Flower Street.

(b)

On both sides, between Main Street and a point 348 feet east of the center line of Orange Avenue, measured fifty (50) feet north and south of the construction center line of Dyer Road (reference diagram 7- 24 dated August 3, 1959, on file in the department of public works).

(c)

On both sides, between a point 348 feet east of the center line of Orange Avenue and Grand Avenue, measured fifty (50) feet north and south of the survey center line of Dyer Road.

(d)

On both sides, fifty-two (52) feet from survey center line, between Grand Avenue and Red Hill Avenue.

(Code 1952, § 9271.28; Ord. No. NS-923, § 1. 7-1-68; Ord. No. NS-954, § 1, 2-3-69)

Sec. 41-728. - Standard Avenue.

(a)

On both sides, forty (40) feet from survey center line, between Warner Avenue and Chestnut Avenue.

(b)

On both sides, forty (40) feet from construction center line as defined in Specific Plan for Street Alignment No. 56, between Chestnut Avenue and Santiago Street.

(Code 1952, § 9271.29; Ord. No. NS-923, § 1, 7-1-68; Ord. No. NS-954, § 1, 2-3-69; Ord. No. NS-2264, § 1, 10-16-95)

Sec. 41-729. - Sunflower Avenue.

(a)

On both sides, forty (40) feet from survey center line, between Harbor Boulevard and Fairview Street.

(b)

On the north side, sixty (60) feet from survey center line, between Bear Street and Bristol Street.

(c)

On the north side, forty (40) feet from survey center line, between Bristol Street and Main Street.

(Code 1952, § 9271.30; Ord. No. NS-954, § 1, 2-3-69)

Sec. 41-730. - Tustin Avenue.

(a)

On both sides, fifty (50) feet from survey center line, between First Street and Seventeenth Street.

(b)

On both sides, fifty-two (52) feet from survey center line, between Santa Clara Avenue and the north city limits.

(Code 1952, § 9271.31; Ord. No. NS-954, § 1, 2-3-69)

Sec. 41-731. - Warner Avenue.

(a)

On both sides, fifty (50) feet from survey center line, between the Santa Ana River and Red Hill Avenue.

(Code 1952, § 9271.32; Ord. No. NS-954, § 1, 2-3-69)

Sec. 41-732. - Washington Avenue.

(a)

On both sides, thirty (30) feet from survey center line, between Cascade Street and the Santa Ana Freeway.

(Code 1952, § 9271.33; Ord. No. NS-954, § 1, 2-3-69)

Sec. 41-733. - Specific plans for street alignment; establishment, scope.

The following specific plans for street alignment are hereby established and reestablished with survey center lines and/or construction center lines and with right-of-way lines, between which lines no person shall erect, move in or structurally alter any building or structure; excepting however, nothing herein is intended to prohibit the construction or erection of a hedge, masonry wall or fence, provided said hedge, masonry wall or fence meets with the provisions of the district within which it is located and all other provisions of this Code. Parking spaces located in the area between a street and its future right-of-way line as established by a specific plan for street alignment shall not be included in the determination of whether the uses served by those parking spaces have sufficient parking spaces under the off-street parking requirements of this chapter.

(Code 1952, § 9271.60; Ord. No. NS-954, § 1, 2-3-69; Ord. No. NS-2137, § 7, 7-1-91)

Sec. 41-734. - Specific Plan for Street Alignment No. 15.

Flower Street, between Sixth Street and Civic Center Drive West.

(Code 1952, § 9271.61; Ord. No. NS-954, § 1, 2-3-69; Ord. No. NS-1009, § 1, 4-20-70; Ord. No. NS-1266, § 2, 8-4-75; Ord. No. NS-1313, § 2, 8-2-76)

Sec. 41-734.1. - Reserved.

Editor's note— Ord. No. NS-1313, § 3, enacted Aug. 2, 1976, repealed § 41-734.1, relative to the Specific Plan for Street Alignment No. 15 (Revised). Said section was derived from Ord. No. NS-1266, § 3, adopted Aug. 4, 1975.

Sec. 41-734.2. - Specific Plan for Street Alignment No. 15A.

Flower Street from Pine Street to Sixth Street.

(Ord. No. 1266, § 1, 8-4-75)

Sec. 41-734.3. - Specific Plan for Street Alignment No. 15B.

Flower Street, between Civic Center Drive West and Seventeenth Street.

(Ord. No. NS-1313, § 4, 8-2-76)

Sec. 41-735. - Specific plan for Street Alignment No. 35.

Ross Street, between First Street and Sixth Street.

(Code 1952, § 9271.62; Ord. No. NS-963, § 1, 4-21-69)

Sec. 41-736. - Specific plan for Street Alignment No. 22.

Grand Avenue, between Chestnut Avenue and First Street.

(Code 1952, § 9271.63; Ord. No. NS-970, § 1, 6-2-69)

Sec. 41-737. - Specific plan for Street Alignment No. 36.

Bush Street, from a point 200 feet south of Tenth Street, north to Washington Avenue.

(Code 1952, § 9271.64; Ord. No. NS-979, § 1, 9-2-69)

Sec. 41-738. - Specific plan of Street Alignment No. 24.

Chestnut Avenue from Grand Avenue to a point 1,050 feet west of Grand Avenue.

(Ord. No. NS-1005, § 1, 3-2-70)

Sec. 41-739. - Specific plan of Street Alignment No. 37.

Ross Street from Civic Center Drive West to a point 530 feet north of Civic Center Drive West.

(Ord. No. NS-1005, § 1, 3-2-70)

Sec. 41-740. - Specific plan of Street Alignment No. 34.

Main Street from Owens Drive to the north city limits.

(Ord. No. NS-1004, § 1, 3-16-70)

Sec. 41-741. - Specific plan of Street Alignment No. 38.

Alton Avenue from Main Street to Halladay Street.

(Ord. No. NS-1014, § 5-18-70)

Sec. 41-742. - Specific plan of Street Alignment No. 39.

Sherry Boulevard from Fourth Street to Seventeenth Street.

(Ord. No. NS-1061, § 1, 1-4-71)

Sec. 41-743. - Specific plan of Street Alignment No. 40.

MacArthur Boulevard from Bristol Street to Greenville Street.

(Ord. No. NS-1070, § 1, 3-1-71)

Sec. 41-744. - Specific plan of Street Alignment No. 42.

Bristol Street between Martha Lane and Twenty-First Street.

(Ord. No. NS-1087, § 1, 7-19-71)

Sec. 41-745. - Specific plan for Street Alignment No. 28.

Civic Center Drive from Minter Street to Civic Center Drive and Birch Street.

(Ord. No. NS-1164, § 1, 6-4-73)

Sec. 41-746. - Specific plan for Street Alignment No. 47.

Raitt Street between Sunflower Avenue and Alton Avenue.

(Ord. No. NS-1340, § 2, 1-28-77)

Sec. 41-747. - Specific plan for Street Alignment No. 46.

Bear Street between MacArthur Boulevard and Segerstrom Avenue.

(Ord. No. NS-1371, § 2, 6-20-77)

Sec. 41-748. - Specific plan for Street Alignment No. 49.

College Avenue from Seventeenth Street to a point 354.16 feet north.

(Ord. No. NS-1410, § 3, 4 -3-78)

Sec. 41-749. - Reserved.

Editor's note— Ord. No. NS-2651, § 2, adopted May 3, 2004, repealed § 41-749 in its entirety, which pertained to the specific plan for street alignment no. 50, and derived from Ord. No. NS-1827, § 2, adopted February 18, 1986.

Sec. 41-749.1. - Specific plan for Street Alignment No. 54.

Cabrillo Park Drive between First Street and Fourth Street.

(Ord. No. NS-1895, § 2, 4-20-87)

Sec. 41-749.2. - Specific plan for Street Alignment No. 55.

Bristol Street between Warner Avenue and Santiago Creek.

(Ord. No. NS-2137, § 8, 7-1-91)

Sec. 41-750. - Effect of article on chapter.

The provisions of this article are declared to be not in conflict with any provisions of this chapter (the districting ordinances or zoning ordinances of the city) and it is the declared intention of the council that any amendment or reenactment of any district or the zoning ordinance, shall not be construed as an amendment of the provisions of this article and where the terms of this article differ from the requirements of the district classification or other parts of this chapter, that provision which is more restrictive shall prevail.

(Code 1952, § 9273; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-751. - Initiation procedures; variances may be granted.

Proceedings to establish a setback or future right-of-way line may be initiated by the city council or planning commission or by a citizen's petition filed with the planning department. If proceedings are initiated by the city council, a statement of the proposed setback or future right-of-way line shall be referred to the planning commission and no ordinance shall be adopted thereon nor on a citizen's petition until the recommendation of the planning commission has been filed with the city council or a period of forty (40) days has elapsed from the time of such reference to or the filing with the planning department. A variance may be granted from the requirement of any setback or future right-of-way line established by the procedure provided for the granting of other variances set forth in this chapter.

(Code 1952, § 9274; Ord, No. NS-455, § 1, 6-20-60)

Sec. 41-752. - Method of adoption of setback lines or future right-of-way lines.

Setback and future right-of-way lines shall be established in the manner prescribed by section 27-36 through section 27-38 of this Code.

(Code 1952, § 9275; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-753. - Authorization of signs in future right-of-way area.

The planning director may authorize the construction of a sign or marquee projecting from a structure considered a nonconforming building due to its encroachment into a future right-of-way area, or a structure considered a conforming building enclosing a conforming use but a sign or marquee when so constructed projects into said future right-of-way area.

The planning director may further authorize the erection of a sign in a future right-of-way area provided the applicant enters into an agreement with the city council stipulating that said sign will be removed at the applicant's expense at the time the street is widened; or, to any other provisions deemed necessary by the city council.

Said authorization shall not permit a sign which does not meet with the sign regulations for the district in which located, nor shall such authorization preclude the requirements established by the building or engineering departments relative to structural specifications, encroachment into state-owned right-of-way or any other regulation set forth in this Code of Ordinances.

(Code 1952, § 9276; Ord. No. NS-455, § 1, 6-20-60)

Secs. 41-754—41-764. - Reserved. ARTICLE VIII. - ENFORCEMENT

Sec. 41-765. - Approval of building permits.

Each application for a building permit shall be referred to the planning department whereupon such application shall be approved or disapproved as to conformance with the provisions of this chapter. No building permit shall be issued until such application has been approved by the planning department.

However, the issuance of a building permit under this chapter or any other provisions of this Code shall not be deemed or construed to permit or authorize any violation of any provisions of this chapter, or any other ordinance or law of the city.

(Code 1952, § 9280; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-766. - Interpretation of chapter regulations.

The executive director of the planning and building agency, or his or her designee, shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this chapter. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort and general welfare. Whenever the executive director determines that the meaning or applicability of any of the requirements of this chapter are subject to interpretation generally, or as applied to a specific case, the executive director may issue an official interpretation or refer the question to the planning commission for determination. If ambiguity arises concerning the appropriate classification of a particular use or regulation within the meaning and intent of this chapter with respect to any matters regulated by this chapter based on established or unforeseen circumstances, including technological changes in processing or application of materials, the executive director shall have the power to interpret the regulation based on understanding of this chapter. Applicants may appeal the executive director's interpretation to the planning commission for review and interpretation, which shall be final; thereafter, such interpretation shall govern.

(Code 1952, § 9281; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2987, § 7, 4-21-20)

Sec. 41-767. - Enforcing officers.

It shall be the duty of the director of building safety and housing to enforce any portion of this chapter relative to building construction, and it shall be the duty of the director of planning to enforce all other provisions of this chapter. No oversight or dereliction on the part of the director of building safety and housing or director of planning, any, authorized assistants, or any official or employee of the city vested with the duty or authority to issue permits or licenses, shall legalize, authorize, waive or excuse the violation of any of the provisions of this chapter, nor shall said employees issue any license or permit for any use, building or purpose which would be in conflict with the provisions of this chapter or of any other ordinance in force. Any permit so issued shall be null and void.

(Code 1952, § 9282; Ord. No. NS-455, § 1, 6-20-60)

Secs. 41-768—41-778. - Reserved. ARTICLE IX. - MISCELLANEOUS

Sec. 41-779. - Repeal and enactment.

This chapter shall, for the purpose of convenience, be known as the "Zoning Ordinance of 1960," and that certain ordinance known as the "Zoning Ordinance of 1939," as amended, is hereby repealed, subject however, to the exception that all provisions of this chapter shall be construed as continuations of the provisions thereof, and not as a new enactment, and the same shall be considered as having been continuously in effect since the adoption of said Zoning Ordinance of 1939, just as the Zoning Ordinance of

ordinance known as the "Zoning Ordinance of 1939," as amended, is hereby repealed, subject however, to the exception that all provisions of this chapter shall be construed as continuations of the provisions thereof, and not as a new enactment, and the same shall be considered as having been continuously in effect since the adoption of said Zoning Ordinance of 1939, just as the Zoning Ordinance of

1939 was a continuation of that certain Ordinance No. 809. The effective date of this chapter shall be construed to be the effective date of said Zoning Ordinance of 1939 insofar as the provisions hereof are a continuation of the provisions of said Zoning Ordinance of 1939, and no use which was being conducted in violation of the Zoning Ordinance of 1939 shall become a valid nonconforming use by reason of the reenactment of the provisions of said ordinance. All other ordinances of the city in conflict herewith are hereby repealed. Any uses being conducted under variances granted under said Zoning Ordinance of 1939 shall be considered as nonconforming uses if located in a district where such use is not permitted herein.

(Code 1952, § 9290; Ord. No. NS-455, § 1, 6-20-60)

Sec. 41-780. - Consistency with the county hazardous waste management plan.

All applicable zoning, conditional use permit, and variance decisions shall be consistent with the portions of the Orange County Hazardous Waste Management Plan which identify general areas or siting criteria for hazardous waste facilities.

(Ord. No. NS-2172, § 2, 8-17-92)

Sec. 41-781. - Requirement of landscape strip as part of street widening.

(a)

Whenever city acquires a portion of parcel along street frontage for a street widening or other public works project, the city shall also acquire an interest in the real property sufficient to allow a landscape-only strip behind the sidewalk that is of a width that conforms to the then current city standard for the parcel.

(b)

The city manager may authorize exceptions to this section on a case-by-case basis, in consultation with the city council.

(Ord. No. NS-2478, § 3, 10-1-01)

Secs. 41-782—41-799. - Reserved. ARTICLE X. - MOBILE HOME PARKS[[11]]

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. NS-1008, § 1, enacted May 4, 1970, amended Ch. 41 by adding Art. X, §§ 41-800 —1-813. The text must be read in conjunction with the article heading and catchlines.

The purpose of this part is to establish standards for the development of mobile home parks and to evaluate such parks as a type of multiple-family residential development; and to provide for the establishment of said development in areas throughout the city that will ensure their compatibility with other permitted uses in the district.

(Ord. No. NS-1008, § 1, 5-4-70)

Sec. 41-801. - Minimum park site area.

There shall be a maximum of ten (10) units per acre.

(Ord. No. NS-1008, § 1, 5-4-70)

Sec. 41-802. - Minimum individual mobile home site.

The minimum individual mobile home site shall not be less than two thousand eight hundred (2,800) square feet net; the average total of mobile home sites shall be not less than three thousand (3,000) square feet net.

(Ord. No. NS-1008, § 1, 5-4-70)

Sec. 41-803. - Structure height.

There shall be a maximum structure height of thirty-five (35) feet.

(Ord. No. NS-1008, § 1, 5-4-70)

Sec. 41-804. - Yard regulations.

All mobile homes and all structures shall maintain a minimum yard area of fifteen (15) feet from the ultimate right-of-way line of any public street and a minimum yard area of five (5) feet from any adjoining property line. A ten (10) foot space between mobile homes must be maintained. A three (3) foot yard shall be maintained between mobile home site line and any mobile home or structure.

(Ord. No. NS-1008, § 1, 5-4-70; Ord. No. NS-1232, § 1, 10-7-74)

Sec. 41-805. - Off-street parking.

(a)

Two (2) parking spaces shall be provided on the individual site for each mobile home lot in the development.

(1)

Each parking space shall be a minimum size of nine (9) by twenty (20) feet.

(2)

On-site parking may be developed in tandem.

(b)

There shall be provided for visitors and guests a minimum of one (1) parking space for every four (4) mobile home sites in the development.

(1)

Each parking space shall be a minimum size of nine (9) by twenty (20) feet.

(2)

No mobile home site shall be further than two hundred (200) feet from guest parking.

(3)

Parking areas shall be subject to the requirements specified in sections 41-614 and 41-615 of this Code.

(Ord. No. NS-1008, § 1, 5-4-70)

Areas for trash disposal must be provided at convenient locations throughout the park, generally within three hundred (300) feet of each mobile home lot. Each trash site should be screened on three sides by a six (6) foot opaque screen or wall so as to be readily accessible but screened from public view.

(Ord. No. NS-1008, § 1, 5-4-70)

Utility lines, including, but not limited to, electric, communications, street lighting, and cable television, shall be placed underground.

(Ord. No. NS-1008, § 1, 5-4-70)

A minimum of one hundred (100) square feet of common open space, available to all residents, shall be provided for each mobile home site.

(Ord. No. NS-1008, § 1, 5-4-70)

An adequate common storage area for recreational vehicles and boats, available to all residents, shall be provided for each mobile home site. Storage area shall be screened from view by a six (6) foot opaque screen or wall.

(Ord. No. NS-1908, § 1, 5-4-70)

A twenty-eight (28) foot minimum width in a pattern to provide easy access and movement of passenger and trailer vehicles shall be provided. Generally, long cul-de-sacs, four-way intersections, and other than ninety (90) degree angle intersections should be avoided.

Streets shall be paved with two (2) inches of asphalt concrete over four (4) inches of aggregate base material or an equivalent. Streets shall have a crown in the center and shall have concrete rolled curbs and gutters on both sides of the street.

(Ord. No. NS-1008, § 1, 5-4-70)

Sec. 41-811. - Signs.

Two (2) single face or one (1) double face identification signs (designating park name and address only), not exceeding twenty (20) square feet in area for each face, may be maintained at the main point of entry to the development. One (1) additional twenty (20) square foot single face identification sign (park name and address only) shall be permitted along any other public street right-of-way upon which the park has frontage, providing such street frontage exceeds three hundred thirty (330) feet.

(Ord. No. NS-1008, § 1, 5-4-70)

Sec. 41-812. - Walls and screens.

A six (6) foot wall or screen shall surround the entire mobile home park and shall consist of one or any combination of the following types:

(a)

Walls. A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material with a minimum thickness of four (4) inches.

(b)

Screens. A wrought iron, open weave, or mesh type fence shall be combined with plant materials to form an opaque screen.

(c)

Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. Said plant materials shall be of a kind, or used in such a manner, so as to provide opaque screening.

(Ord. No. NS-1008, § 1, 5-4-70)

Sec. 41-813. - Landscaping.

(a)

A landscape plan shall be submitted to the planning department for approval. Said landscaping plan shall consist of the size, type and location of all trees, shrubs, and ground cover areas in the mobile home park site and shall include one (1) tree per mobile home site and shall conforms to the requirements of this section and to standards for landscaping approved by the city council.

(b)

A system of irrigation or sprinkling of landscaping shall be indicated on the plan. All landscaping shall be permanently maintained.

(c)

Vehicular parking may not be located within any required landscaped area.

(d)

Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development.

(e)

Procedures for the approval and amendment of landscaping plans shall be established by the planning division.

(f)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(g)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-1008, § 1, 5-4-70; Ord. No. 2801, § 12, 12-23-09)

Secs. 41-814—41-849. - Reserved. ARTICLE XI. - ON-PREMISES SIGNS DIVISION 1. - GENERAL PROVISIONS[[12]]

Footnotes:

--- ( 12 ) ---

Editor's note— Ord. No. NS-2116, § 1, adopted Mar. 18, 1991, repealed former Div. 1, general provisions relative to on-premise signs, §§ 41-850—41-852, and enacted similar new provisions in lieu thereof as §§ 41-850, 41-851. Formerly, such provisions derived from Ord. No. NS-1721, § 1, adopted Apr. 2, 1984, and Ord. No. NS-1927, § 5, adopted Sept. 8, 1987.

The purpose of this article is to establish a system for the control of the size, location, type and number of signs located on private property in the City of Santa Ana according to reasonable and nondiscriminatory

standards. Such regulation is deemed necessary to enhance the quality of the visual environment, thereby promoting commerce, improving community identity, conserving property values, improving traffic safety, and promoting the health, safety and general welfare of the people.

(Ord. No. NS-2116, § 1, 3-18-91)

Sec. 41-851. - Scope.

(a)

This article applies to all signs and advertising displays in all zoning districts except as otherwise provided in this section.

(b)

This article does not apply to signs and advertising displays of the following types and descriptions:

(1)

Any billboard or other off-premise commercial advertising sign regulated by Article XII of this chapter.

(2)

Any sign located in the public right-of-way and installed or maintained by the public works agency of the city or by any other public entity having the legal authority to maintain the sign.

(3)

Any sign located within a building or enclosed area and designed to be viewed primarily by persons inside of such building or enclosed area.

(4)

Any sign on a vehicle or other mobile unit, unless such vehicle or mobile unit is parked or stationed near a business activity advertised or identified by the sign and for the primary purpose of attracting public attention to such business activity.

(5)

Any temporary sign taped or otherwise affixed to a window in such a manner as to be easily removed, provided that the total area of such sign in any one (1) window does not exceed twenty-five (25) per cent of the area of each window.

(6)

In commercial or manufacturing zones, nonfreestanding incidental sign area not exceeding two (2) square feet in size per elevation and attached flush to a door, wall or window containing information on hours of operation, deliveries, credit cards accepted, or similar information.

(7)

The changing of copy on an approved changeable copy sign, provided the copy identifies the business or service provided.

(c)

Noncommercial signs are exempted from compliance with all sections of this article except section 41-860.

(d)

Signs in the downtown district are exempted from compliance with sections 41-861 through 41-872 of this article.

(e)

Signs in the Commercial South Main district shall comply with the provisions of article III, division 21 of this chapter.

(Ord. No. NS-2116, § 1, 3-18-91; Ord. No. NS-2420, § 3, 4-3-00)

Secs. 41-852—41-859. - Reserved. DIVISION 2. - SIGN STANDARDS AND REGULATIONS[[13]]

Footnotes:

--- ( 13 ) ---

Editor's note— Ord. No. NS-2116, § 2, adopted Mar. 18, 1991, repealed former Div. 2 of this article, §§ 41860—41-876, relative to on-premise signs definitions, and enacted new provisions as set out in §§ 41-860 —41-872. Formerly, such provisions derived from Ord. No. NS-1721, § 1, adopted Apr. 2, 1984, and Ord. No. NS-1986, §§ 1—3, adopted Dec. 19, 1988.

Sec. 41-860. - General regulations.

a)

No sign is permitted that:

1.

Is dangerous or confusing to motorists on the public right-of-way, including any sign which by its color, wording, design, location or illumination resembles or conflicts with any official traffic-control device or which impedes the safe and efficient flow of traffic.

2.

Is in a condition which presents a danger of injury to the public.

Incorporates mechanical movement or in any way gives the illusion of motion, moving parts, rotation or any flashing, moving or intermittent lighting, other than a sign providing a time-and-temperature or similar public service display, except as approved by a Regional Planned Sign Program pursuant to section 41-885 of this chapter.

4.

Is on a vehicle, except as excluded from the scope of this article by section 41-851

5.

Impedes free ingress and egress from any door, window or exitway required by building or fire regulations.

6.

Emits sound, smoke, visible particles or odors, except that speakers on drive-through facilities shall be permitted.

7.

Is attached to or maintained upon any public utility pole or structure, or tree.

b)

No person, except a public officer or employee in the performance of a public duty or a private person in giving a legal notice, shall paste, post, paint, nail or tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any property without the written consent of the owner, holder, lessee, agent or trustee thereof.

c)

All signs, other than temporary signs, and their supporting structures shall:

1.

Be constructed of metal, wood, plastic, foam, paint and/or comparable weather-resistant material.

2.

Be kept in good repair and maintained in safe, neat, clean and attractive condition.

3.

Be so enclosed as to provide against their infestation by birds and vermin, and shall be structurally safe.

d)

Logos or identification symbols shall be considered signs and shall conform to all provisions of this article.

(Ord. No. NS-2116, § 2, 3-18-91; Ord. No. NS-2861, § 3, 5-6-14)

No sign is permitted that:

1.

Is temporary or special event flags, banners, festoons, flag canopies or other displays, except as permitted by a special event sign permit.

2.

Is a sculptured, molded or otherwise fabricated representational object used for the purpose of visually conveying business identification or product advertising, except as approved by a planned sign program.

3.

Is an aerial or balloon type of sign, except as approved by a Regional Planned Sign Program pursuant to section 41-885 of this chapter.

4.

Conflicts with standards established by resolution of the city council pertaining to the colors and materials of signs adopted for the purpose of promoting signage which is visually attractive and harmonious with its surroundings.

5.

Duplicates or repeats copy on the same sign.

6.

Is a graphic of paint or other material on a building for the purpose of amplifying or directing attention to a sign, unless approved by the planning director.

(Ord. No. NS-2116, § 2, 3-18-91; Ord. No. NS-2379, § 1, 1-4-99; Ord. No. NS-2861, § 4, 5-6-14; Ord. No. NS-3085, § 3, 9-16-25)

Sec. 41-862. - Freestanding signs.

No permit shall be issued for a freestanding sign which does not comply with the following standards:

(a)

Number.

(1)

The number of freestanding signs permittable on an integrated development site shall be as follows:

Total Street Frontage Number (feet)

(2)

No more than one (1) freestanding sign advertising or identifying the same business activity shall be permitted on each street on which the integrated development site has frontage.

(b)

Location.

(1)

No freestanding sign shall be permitted on any site which does not have street frontage.

(2)

A freestanding sign shall be located only in a landscaped planter, with such planter not less than four (4) feet in any direction from the edge of the planter to the sign. The planning manager may reduce the amount of required landscaping for freestanding signs on sites with legal nonconforming landscaped setbacks. No sign shall obstruct or remove any required landscape materials.

(3)

No freestanding sign shall be placed closer than twenty-five (25) feet to a side lot line.

(4)

No freestanding sign for a commercial use shall be placed within fifty (50) feet of land used, zoned, or designated on the general plan for residential purposes on the same street frontage as the proposed sign.

(5)

No freestanding sign shall be closer than one hundred (100) feet from another freestanding sign on the same site.

(6)

No freestanding sign shall be located in the triangular area(s) measured fifteen (15) feet by fifteen (15) feet where a driveway enters onto a street, or in any other area which may obstruct the vision of motorists so as to create a safety hazard. Additionally, all signs are subject to sections 36-45 to 36-47 of this Code regarding obstructions to vision at corner intersections.

(c)

Height and area.

(1)

Properties with less than one hundred twenty (120) feet of street frontage shall be subject to the following requirements:

(2)

Freestanding signs with more than one hundred twenty (120) feet of street frontage shall not exceed seven (7) feet in overall height from curb level unless otherwise stated in this section. The overall height plus the overall width shall not exceed sixteen (16) linear feet, and the sign face area shall not exceed forty-five (45) square feet.

(3)

Developments over fifteen (15) acres and with at least seven hundred fifty (750) feet of street frontage shall have no more than one (1) freestanding sign not to exceed fifteen (15) feet in overall height and ten (10) feet in overall width; the sign face area shall not exceed sixty (60) square feet. Such sign shall not be located on any secondary frontage.

(4)

A sign may be permitted to a height not exceeding thirty-five (35) feet and an area not exceeding one hundred (100) square feet, provided all of the following conditions are satisfied:

a.

The sign is located on a site which is located within three hundred (300) feet of the point where a freeway exit centerline intersects with a city street;

b.

The sign is oriented toward viewing by freeway traffic;

c.

The sign is limited in content to the identification of the business name of a restaurant, a service station or a lodging establishment.

(d)

Design.

(1)

All signs shall be architecturally compatible with the development on which they are located.

(2)

The copy area of a freestanding sign shall not exceed forty (40) per cent of the sign face.

(3)

Freestanding signs shall be for the shopping center or development name and/or the major tenants thereon, not to exceed a total of eight (8) items of information.

(4)

No sign shall use mirrors reflecting a direct light source or utilize flashing, blinking or sequenced lights. No sign shall utilize unshielded incandescent, fluorescent or other lighting, except neon.

(5)

The project address shall be located on the monument sign base.

(Ord. No. NS-2116, § 2, 3-18-91; Ord. No. NS-2279, § 1, 2-5-96)

No permit shall be issued for a wall sign or canopy sign which does not comply with the following standards:

(a)

Number. No more than one (1) wall or canopy sign shall be permitted for each primary elevation of a leasable tenant space. In addition, no more than one (1) sign shall be permitted on more than two (2) secondary elevations which face a public street or on-site parking area. (As used herein, street shall include freeways, but exclude alleys and service ways.)

(b)

Area.

(1)

Sign area on the primary elevation shall not exceed:

a.

Ten (10) per cent of the business elevation; or

b.

Forty (40) per cent of the signable area; or

c.

Two hundred (200) square feet;

whichever is smaller.

(2)

Sign area on permitted secondary elevations, as permitted above in subsection (b)(1) shall not exceed:

a.

Five (5) per cent of the business elevation area; or

b.

Twenty (20) per cent of the signable area or

c.

Fifty (50) square feet,

whichever is smaller.

(3)

Sign copy area shall not exceed forty (40) per cent of the sign area for existing cabinet signs.

(c)

Length. The horizontal dimension of any wall or canopy sign shall not exceed seventy-five per cent of the horizontal dimension of the building elevation of the activity identified by the sign, measured on the side of the building on which the sign is located.

(d)

Location.

(1)

No wall or canopy sign shall be placed higher than the ground floor of the building or twenty (20) feet, whichever is less, except that second floor retail or office spaces with access separate from the use(s) on the ground floor are permitted a sign no higher than the second floor. Buildings over two (2) stories in height are subject to the requirements of major building identification signs.

(2)

No sign shall be placed on a building elevation which is within fifty (50) feet of and faces a residential zone or use.

(3)

No sign shall project above the parapet,canopy fascia, or wall to which it is attached, nor above the roofline if attached to the roof.

(4)

All wall or canopy signs shall be consistently centered above the business entrance or an architecturally consistent area of the elevation.

(e)

Design.

(1)

All signs on an individual business or within an integrated development site shall be consistent in sign shape, type and materials.

(2)

All individual letter signs shall be installed to appear flush-mounted with no exposed raceways containing electrical transformers or components.

(3)

All signs shall be for business identification only containing the recognized trade name of the business and no more than five (5) words describing products, services or brands, and shall not include slogans, phrases, promotions or duplication of copy.

(4)

No sign shall use mirrors reflecting a direct light source or utilize flashing, blinking or sequenced lights.

(5)

Where more than one (1) sign is permitted to a business, all signs shall be consistent in design, style, shape, color, illumination, and text.

(6)

Individual channel letters made of foam core with a density of fourteen (14) pounds or greater shall be permitted.

(7)

Internally illuminated cabinet wall signs are prohibited.

(Ord. No. NS-2116, § 2, 3-18-91)

Sec. 41-864. - Projecting signs.

No permit shall be issued for any projecting sign which does not comply with the following standards:

(a)

Number. A projecting sign shall only be permitted for a business activity having more than fifty (50) feet of street frontage, and only which such business activity would otherwise be entitled under this division. No more than one (1) projecting sign shall be allowed for any leasable tenant space.

(b)

Location.

(1)

No part of any projecting sign shall be located lower than eight (8) feet above ground level.

(2)

No projecting sign shall be located within fifty (50) feet of another projecting sign on the same site.

(3)

No projecting sign shall be located higher than the ground level of occupancy of the building.

(c)

Structure.

(1)

A projecting sign shall be perpendicular to the building wall to which it is affixed.

(2)

No face of any projecting sign shall exceed twenty-five (25) square feet in area.

(3)

A projecting sign shall not exceed twelve (12) inches in thickness.

(4)

No face shall project more than four (4) feet from the wall to which it is attached.

(5)

No face shall exceed seven (7) feet in vertical dimension.

(d)

Design.

(1)

Sign copy area shall not exceed fifty (50) per cent of the sign face.

(2)

The design of any projecting sign shall be architecturally compatible within the building on which it is located.

(3)

No projecting sign shall be wholly or partially illuminated by unshielded lighting of any type, including exposed fluorescent or incandescent bulbs, except exposed neon. No sign shall use mirrors reflecting a direct light source or utilize flashing, blinking or sequenced lights.

(4)

Projecting signs shall be for identification of the business(es) or use(s) located on the site subject to the following:

a.

The sign shall have no more than five (5) words describing products, services or brands available on the premises where the sign is located in addition to the business identification.

b.

The sign shall not advertise or display the name, brand name or manufacturer's name of any product, article or service, unless these names are included in the name identifying the business.

(Ord. No. NS-2116, § 2, 3-18-91)

Sec. 41-865. - Marquee signs.

No permit shall be issued for a marquee sign which does not comply with the following standards:

(a)

Location. No more than one (1) sign shall be permitted on each side of a marquee, and any such sign shall be in lieu of wall, canopy or projecting signs to which such business would otherwise be entitled under this division.

(b)

Area.

(1)

The area of all signs located on a marquee shall not exceed two (2) square feet of total area per lineal foot of business frontage or two hundred (200) square feet, whichever is smaller.

(2)

Sign copy area shall not exceed forty (40) per cent of the sign face or, where there is no sign face, forty (40) per cent of the signable area up to the allowable sign area.

(c)

Dimensions.

(1)

The horizontal dimension shall not exceed seventy-five (75) per cent of the side of the marquee where such sign is located.

(2)

The vertical dimension shall not exceed six (6) feet in height.

(d)

Design. Design of marquee signs shall be for identification of the business or use located on the site and may include a changeable copy sign.

(Ord. No. NS-2116, § 2, 3-18-91)

Sec. 41-866. - Signs located under canopies or marquees.

No permit shall be issued for any sign to be located under a canopy or marquee which does not comply with the following standards:

(a)

The sign shall contain only identification of the business name of the activity occupying the portion of the building to which it is affixed.

(b)

No more than one (1) sign shall be located at each entrance into the business activity identified by the sign.

(c)

A minimum clearance above grade of eight (8) feet over walkways and twelve (12) feet over driveways shall be maintained.

(d)

The area of the sign shall not exceed four (4) square feet.

(e)

The letters on the sign shall not exceed eight (8) inches in height.

(Ord. No. NS-2116, § 2, 3-18-91)

Sec. 41-867. - Major building identification signs.

Notwithstanding any other provision of this article, a permit may be issued for a wall sign for buildings over two (2) stories per this section which provides long-distance identification, or signage for the primary tenant in such a building, provided that the following standards are met:

(a)

Number. No more than two (2) such signs shall be installed on the building.

(b)

Area. The sign area of such a sign shall not exceed forty (40) per cent of the signable area to which it is attached, nor shall it exceed an area equal to two (2) square feet multiplied by the number of lineal feet in the horizontal dimension of the building face to which it is attached, measured at the height of the proposed sign location.

(c)

Length. The horizontal dimension of such sign shall not exceed forty (40) per cent of the horizontal dimension of the building elevation to which it is attached, measured at the height of the proposed sign location.

(d)

Location. Such sign be located at the top story of the building or between the top story and the top of the building parapet or eaveline. Only one (1) sign shall be permitted per building elevation.

(e)

Design.

(1)

Letter height. The height of the letters used in such sign shall not exceed the following maximums, depending on the number of stories in the building:

A logo may be used on such sign if the logo height does not exceed the maximum permitted letter height for the sign and if its horizontal dimension is not more than twice its maximum vertical dimension.

(2)

Structure. Such sign shall be composed solely of individual channel letters or logo.

(Ord. No. NS-2116, § 2, 3-18-91)

Sec. 41-867.5. - Major building tenant signage.

Notwithstanding any other provision of this article, permits may be is used for tenant identification wall signs on the ground floor of any building over two (2) stories in height, provided that the total sign area for all such tenant signs located on any one side of the building shall not exceed the lesser of the following: (a) one (1) square foot of total sign area per linear foot of the width of that side of the building at the level of the signage, or (b) one hundred (100) square feet of total sign area. Such signs may identify any tenants in the building and shall be in addition to any signs permitted on the building pursuant to section 41-867. Except as otherwise provided in this section, such signs shall comply with the requirements of section 41-863 for wall signs.

(Ord. No. NS-2279, § 2, 2-5-96)

Sec. 41-868. - Residential development identification signs.

(a)

No permit shall be issued for any sign providing identification of a residential development having five (5) or more dwelling units, unless the following standards are met:

(1)

No more than one (1) such sign may be installed for each street frontage of the development.

(2)

The sign shall not contain exposed unshielded illumination.

(3)

The sign face area shall not exceed twenty (20) square feet.

(4)

The height of the sign shall not exceed six (6) feet.

(5)

The width of the sign shall not exceed eight (8) feet.

(b)

In addition, directory type signs for multiple-unit developments of five (5) units or more, not exceeding six (6) square feet in area or four (4) feet in any dimension and six (6) feet in height, shall be permitted provided such sign is located within an interior court and adjacent to an internal walkway.

(Ord. No. NS-2116, § 2, 3-18-91)

Sec. 41-869. - A-frame signs.

A-frame signs shall comply with all of the following standards and, when located in areas allowed within the public right-of-way, said signs shall also comply with the A-Frame Sign Guidelines established by the Director of the Public Works Agency:

(a)

Number. No more than one (1) A-frame sign that advertises or identifies the business activity shall be permitted for each business establishment.

(b)

Location.

(1)

A-frame signs shall be placed within fifty (50) feet of the business establishment entrance when the A-frame sign is located on private property.

(2)

A-frame signs may only be placed in the public right-of-way when advertising a business establishment that occupies a building directly abutting the public right-of-way and there is no private property setback available to place the A-frame sign.

(3)

A-frame signs in the public right-of-way shall be placed directly in front of the structure containing, and within five (5) feet, or as close as practicable, of the primary entrance of the business establishment to which the sign pertains.

(4)

A-frame signs shall not be placed in a manner that obstructs or impedes pedestrian or vehicular traffic, or impedes visibility of travelers, or blocks access to building entrances, fire hydrants, utility boxes, bus stops, or any other public amenity.

i.

A minimum width of four (4) feet of a clear pedestrian path shall be maintained on walkways, sidewalks, or other required pedestrian paths of travel, at all times, measured from the closest edge of the A-frame sign to any obstruction (e.g., building, planter, utility, street furniture, wheelchair ramp, driveway).

ii.

A-frame signs shall not be placed within twenty-four (24) inches of a curb face.

iii.

A-frame signs shall not be placed in any portion of a roadway intended for use or access by automobiles or bicycles, including vehicle travel lanes, bicycle lanes, parking spaces, driveways, loading zones, or alleys.

iv.

A-frame signs shall not be placed in a location which would restrict or inhibit passengers entering or exiting from any vehicle, including a fixed rail streetcar, bus or passenger automobile.

v.

A-frame signs on private property shall not be placed in triangular area(s) measured fifteen (15) feet by fifteen (15) feet where a driveway enters onto a street, or in any other area which may reduce the visibility of motorists.

vi.

On corner lots, A-frame signs on private property shall not be placed closer than twenty-five (25) feet from the point of the intersection of the two property lines that abut the public right-of-way; or in the case of rounded corners, the point of intersection shall be measured from the intersections of the tangents to the curve. The tangents referred to are those at the beginning and at the end of the curve at the corners.

vii.

A-frame signs within the public right-of-way exceeding thirty (30) inches in height shall not be placed within the Limited Use Area of the Intersection Sight Distance standard plan as regulated by Section 33-27 of this Code or prohibited areas as depicted in A-Frame Sign Guidelines established by the Director of the Public Works Agency, or related exhibits.

(5)

A-frame signs shall not be placed in a landscaped planter or parkways.

(c)

Size.

(1)

The height of an A-frame sign shall not be less than twenty-four (24) inches, and shall not be taller than thirty-six (36) inches.

(2)

The width of an A-frame sign (edge to edge) shall not exceed twenty-four (24) inches.

(d)

Design.

(1)

A-frame signs shall be constructed of durable, weather resistant materials (e.g., wood, metal) and maintained in good condition, free from peeling paint, rust, fading, or other damage.

(2)

A-frame signs shall be stable and weighted to prevent tipping, but shall not be permanently secured or affixed to the ground, sidewalk, walkway, facilities, or buildings.

(3)

A-frame signs shall not mimic or otherwise resemble any type of traffic control device, including, but not limited to, in color, shape, symbol, reflectivity, or message.

(4)

A-frame signs shall not be, retroreflective, illuminated or supplied with power.

(e)

Time of Placement.

(1)

A-frame signs shall only be displayed during operating hours of the business establishment to which they pertain.

(2)

A-frame signs shall be removed and stored out of public view when the business is closed.

(3)

A-frame signs within the public right-of-way shall be removed upon request of City staff, contractors or permittee pursuant to section 33-30.5, as required to clean, maintain, excavate, repair or replace the sidewalk or other improvements.

(Ord. No. NS-3085, § 4, 9-16-25)

Sec. 41-870. - Real estate signs.

(a)

Residential units. Notwithstanding any other provision of this article, signs advertising the sale, lease or rental of one (1) or more dwellings units are prohibited, except that no more than one (1) sign may be permitted on the site of such unit(s) without the necessity of obtaining a permit, provided the following standards are met:

(1)

The sign shall not be illuminated.

(2)

The sign area shall not exceed four (4) square feet.

(3)

The sign shall not exceed six (6) feet in height.

(4)

No other sign advertising the sale or lease of one (1) or more dwelling units shall be installed on the same site.

(5)

A sign for the rental or lease of a unit shall correspond to an actual vacancy and shall not be permitted on fully occupied sites. The sign shall be removed within fourteen (14) days after the sale or lease of the property.

(b)

Nonresidential units. Notwithstanding any other provision of this article, signs advertising the sale or lease of one (1) or more nonresidential units are prohibited, except that no more than one (1) sign may be installed per street frontage of such property without the necessity of obtaining a permit, provided the following standards are met:

(1)

The sign shall not be illuminated.

(2)

The sign area shall not exceed thirty-two (32) square feet.

(3)

The sign shall not exceed twelve (12) feet in height.

(4)

No more than one (1) sign advertising the sale or lease of units of real property shall be installed on the same street frontage of the same site.

(5)

A sign for the rental or lease of a unit shall correspond to an actual vacancy and shall not be permitted on fully occupied sites. The sign shall be removed with fourteen (14) days of the rental or lease of the unit(s).

(6)

Placement of such sign shall correspond directly with the space available and shall not be located at unrelated businesses.

(c)

New developments. Notwithstanding any other provision of this article, a sign advertising the first-time sale or lease of units of real estate within a site which is being or has been newly developed or redeveloped may be installed on such site pursuant to a permit issued pursuant to this article for a one-year period, provided the following standards are met:

(1)

The sign shall not be illuminated.

(2)

The sign area shall not exceed eighty (80) square feet.

(3)

The sign shall not exceed sixteen (16) feet in height.

(4)

No other sign advertising the sale or lease of units of real estate shall be installed on the same site.

(5)

Notwithstanding the above, the sign shall be removed within fifteen (15) days of full occupancy of the site.

(Ord. No. NS-2116, § 2, 3-18-91)

Sec. 41-871. - Special event signs or displays.

No person shall install or maintain or allow to be installed or maintained on property occupied by such person any special event sign or display, except in accordance with the following requirements.

(1)

The special event sign or display shall be installed and maintained in accordance with a permit issued by the zoning administrator, who may approve, approve with conditions, or deny such permit.

(2)

The special event sign or display shall not be maintained for more than fourteen (14) successive days, except that grand opening signs shall be permitted for a period not to exceed thirty (30) days. Further, sign permits for grand openings shall be permitted for a period not to exceed thirty (30) days from the date the certificate of occupancy of the business is issued.

(3)

No more than four (4) special event sign permits, including grand opening signs, shall be issued for each business with a valid certificate of occupancy during each calendar year.

(4)

Notwithstanding subdivisions (2) and (3), special event sign permits for signs announcing that a retail, office or professional business is "open during construction" (or similar words), which are granted for sites which take vehicular access from a public street on which a street widening or other public works project is underway shall be permitted for the period during which the street widening or other public works project directly impairs vehicular access to the site. The executive director of the public works agency or designee shall notify such permit holders not later than fifteen (15) days prior to the end of the project or phase of project in order to allow permit holders sufficient time to remove the sign or display. One (1) special event

banner sign under the terms of this subsection shall be permitted for each affected building. The special event banner sign shall be located facing the street on which the project is underway, where feasible.

(5)

Such special event sign or display shall include no more than banners and parking lot light pole flag displays and shall not include flag canopies, aerial signs or freestanding signs.

(6)

The special event banner sign shall not exceed thirty-six (36) square feet in area and shall not exceed eighteen (18) feet in length.

(Ord. No. NS-2116, § 2, 3-18-91; Ord. No. NS-2379, § 2, 1-4-99; Ord. No. NS-2444, § 2, 9-18-00)

Sec. 41-872. - Other signs.

(a)

Directional signs. Directional signs not exceeding four (4) square feet in area and, if freestanding, a height of four (4) feet shall be allowed. Such directional sign shall contain only that information necessary for on-site circulation, parking and site information without any advertising.

(b)

Menu boards. Menu boards on the interior driveways of drive-through facilities shall not exceed seven (7) feet in height and sixty (60) square feet in area. Speakers shall face away from residential property. No more than two (2) menu boards per drive-through shall be permitted.

(c)

Window signs. No permanent sign affixed to or incorporated into an exterior window shall exceed twentyfive (25) percent of each window area.

(d)

Awning signs. No sign affixed to or incorporated into an awning shall exceed ten (10) percent of the awning elevation.

(e)

Construction signs. One (1) unlighted construction sign is permitted per street frontage per job site and shall not exceed six (6) square feet in any residential zone or thirty-two (32) square feet in all other zones, and shall contain no more than the name of the project and the names and addresses of the contractors, architects, engineers, landscape architect, financing company or developer. Such sign shall be removed within thirty (30) days of building permit final approval or issuance of a certificate of occupancy for the project.

(f)

Service station signs. Signs for service stations shall comply with the provisions of this article for freestanding and wall signage and shall include signs required by law, but shall not exceed the minimums set by law subject to sign placement requirements and review as set forth in this part. In addition, the following signage is permitted:

(1)

Island canopies. One (1) sign per street frontage shall be permitted. Canopy signage shall not exceed twenty (20) square feet in area. Canopy sign copy shall be limited to business name and logo only. Signage may be internally illuminated.

(2)

Spandrel signs or canopy support signs. The signs shall not exceed twenty (20) percent of the spandrel area. The spandrel sign copy shall be limited to business name and logo only. Spandrel signage may be internally illuminated.

(3)

Pump or dispenser signs. Pump or dispenser signs shall be limited to business or fuel identification, operational instructions, and state required information.

(4)

Convenience signs. Signage designated to assist customers, such as "Please Pull to Forward Pumps" or "Please Pay Cashier Before Pumping Gas" shall be architecturally integrated with the structure to which it is being applied and not exceed four (4) square feet in sign area.

(g)

Signs over public right-of-way. No sign, except A-frame signs consistent with and regulated by Section 41869 of this chapter, shall extend over the public right-of-way, except signs on a marquee, canopy or awning which shall project no closer than two (2) feet from a curb.

(h)

Exterior telephones.

(1)

To maintain an image of professionalism, side panels on pay phones must relate solely to phone identification and/or the business name or logo of the pay phone company provider. No advertising of products, services or special events are allowed. Side panels must be composed of materials which allow for cleaning and removal of graffiti without deterioration of color or surface appearance of the enclosure. Service providers will be responsible for keeping side panels clean and free of graffiti. All enclosures at a location must be of the same type with side panels of the same color. All enclosures must be U.L. listed and all light fixtures operational if units are wired for lighting. Vandalized enclosures/side panels requiring repairs must be replaced within one (1) business day of notification to the service provider.

(2)

Signage indicating the location of a pay phone may not be placed on the site or extend above the phone cabinet unless deemed necessary due to public safety concerns as determined by the chief of police. In such instances, said signage is limited to the international telephone symbol.

(3)

Phone identification attached to a building or structure is not permitted.

(4)

Phones may not be used to advertise on- or off-site business activities.

(Ord. No. NS-2374, § 5, 12-7-98; Ord. No. NS-3085, § 5, 9-16-25)

Secs. 41-873—41-879. - Reserved. DIVISION 3. - PLANNED SIGN PROGRAMS[[14]]

Footnotes:

--- ( 14 ) ---

Editor's note— Ord. No. NS-2116, § 3, adopted Mar. 18, 1991, repealed former Div. 3, §§ 41-880—41-886, relative to penal provision pertaining to on-premise signs, and enacted similar new provisions in lieu thereof as §§ 41-880—41-884. Formerly, such provisions derived from Ord. No. NS-1721, § 1, adopted Apr. 2, 1984.

Sec. 41-880. - General requirements.

(a)

A planned sign program shall be adopted for multitenant development and shall include criteria for freestanding, wall and directional signs, as applicable, for each individual development.

(b)

No permit shall be issued for any sign in or for a multitenant development, except pursuant to an approved planned sign program in accordance with this article.

(c)

A planned sign program for existing multitenant developments that do not have an approved planned sign program shall be adopted prior to the issuance of any additional sign permits in such development. Such planned sign program shall follow the implied sign program or predominant pattern of sign type and configuration in use in the existing development.

(Ord. No. NS-2116, § 3, 3-18-91)

Sec. 41-881. - Application.

Application for a planned sign program shall be filed by, or with written consent of, the property owner. An application shall be filed and reviewed in the same manner as an application for a sign permit pursuant to Division 4.

(Ord. No. NS-2116, § 3, 3-18-91)

Sec. 41-882. - Standards of approval.

(a)

A planned sign program shall satisfy the following standards:

(1)

All of the signs are consistent with the purpose, spirit and intent, as well as the specific minimum standards, of this article.

(2)

All of the signs are harmonious and visually related to each other through the incorporation of common design elements.

(3)

The signs are architecturally integrated with the buildings to which they are appurtenant.

(4)

The signs do not adversely affect nearby land uses or obscure the view of other signs which conform to this article.

(b)

A planned sign program as submitted by an applicant may be approved subject to conditions designed to bring it into compliance with the purpose, spirit and intent of this article. No conditions unrelated to signage shall be imposed. However, approval may be more restrictive than Division 2 of this article.

(Ord. No. NS-2116, § 3, 3-18-91)

Applications for planned sign programs shall be decided in the same manner as sign permits subject to the right of appeal by any aggrieved applicant to the planning commission. No public hearing shall be required, but the zoning administrator or the planning commission may send such notices of the pending action and receive such comment to and by surrounding property owners and occupants or other interested persons as they deem appropriate. The decision of the planning commission shall be final.

(Ord. No. NS-2116, § 3, 3-18-91)

Sec. 41-884. - Amendments.

(a)

An application for an amendment to an approved planned sign program may be made at any time, subject to the same limitations, requirements and procedures as apply to an original application, except that tenants whose signs are addressed by the amendment application need the property owner's consent to file such application. Sign program amendment review shall consider existing signs prior to approval or denial of program change.

(b)

The change of copy on a sign, or the substitution of one (1) sign for another, shall not require an amendment to a planned sign program if the change or substitution is limited in effect to changing the identification of a business activity only, and the new or altered sign conforms in all other respects to the approved planned sign program.

(Ord. No. NS-2116, § 3, 3-18-91)

Sec. 41-885. - Regional planned sign program.

a)

Definitions:

1.

Regional commercial center - A large commercial complex containing a variety of stores, restaurants and other businesses housed in a series of connected and/or adjacent buildings within an integrated campus that shares common areas and parking facilities, and which fronts onto one or more freeways. Said center must be located on a site of no less than fifteen (15) acres.

2.

Regional automobile dealership - An automobile dealership licensed by the state that sells new or used automobiles or other motor vehicles in conjunction with new automobiles to the general public on an integrated site which fronts onto one or more freeways or is on a site which is located within three hundred (300) feet of the point where a freeway exit centerline intersects with a city street.

3.

Regional attraction - A large cultural or educational establishment such as a museum or zoo, or other establishment that blends education, entertainment, and/or amusement, and which fronts onto one or more freeways. Said attraction must be located on a site of no less than five (5) acres.

4.

Regional institution - An institution providing higher education such as a college or university with minimum school year average enrollment of at least one thousand (1,000) students; a healthcare institution such as a medical office building complex or hospital on a site of no less than five (5) acres.

b)

Eligibility for a regional planned sign program:

1.

The sign program is proposed for a site that is a regional commercial center, regional automobile dealership, regional attraction, or a regional institution.

c)

Signage and other on-premises advertising must meet the provisions of the sign code meant to protect the health, safety, and welfare of residents and workers in the immediate vicinity; signage shall be limited to only advertising on-site business activities. All signage must comply with the provisions of sections 41-860 and 41-861 of this chapter except as noted within those sections pursuant to approval of a regional planned sign program described in this section.

d)

The provisions of this section shall be applied in conjunction with chapter 41, article XI, "On-Premises Signs" of this Code, provided however, in the event of a conflict between the provisions within this section and the remainder of the City of Santa Ana Sign Ordinance as outlined in chapter 41, article XI, "OnPremises Signs," the provisions of this section shall prevail.

e)

Electronic message displays may be permitted in regional planned sign programs subject to the following conditions:

Any electronic message displays may not be located within three hundred (300) feet of property zoned or used for residential purposes, as measured from the face of the electronic message display to the nearest property line of the residential property. The display(s) shall comply with the following requirements:

A.

Be oriented in a way that:

i.

Minimizes visual and light-emitting intrusion onto properties zoned or used for residential purposes; and

ii.

Maximizes visibility from adjacent or nearby freeway corridors.

B.

Produce a maximum 0.3 foot-candles over ambient light levels.

C.

Include a means of ensuring additional flexibility in reducing light levels upon request by the city.

D.

Provide a means of limiting excessive light or glare.

E.

Have automatic diming capabilities.

2.

The sign copy shall comply with the following requirements:

A.

Where screen transitions are used, such transitions shall not give the appearance of moving text or images, and should use smooth effects, such as fades, rather than abrupt transitions. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement.

B.

Each sign copy shall be displayed for a minimum of eight (8) seconds.

3.

No electronic message display shall be located on a ground sign within fifty (50) feet of a traffic signal or sign, or placed in a location that would not maintain safe conditions for motorists, pedestrians, or cyclists as determined by the public works agency.

The property owner shall comply with Santa Ana Municipal Code section 41-638.2, establishing standards for graffiti abatement.

5.

The property owner shall provide the city and the public a designated phone number and email address for emergencies or complaints that will be accessible twenty-four (24) hours a day, seven (7) days per week.

6.

In addition to their on-premises advertising and identification purposes, the signs must make available a minimum amount of display time to be used for public service announcements or warning signs as requested and provided by the city of Santa Ana. Such minimum time will be established as a condition of approval for the regional planned sign program.

7.

The sign shall comply with any and all federal, state and local laws, regulations and permitting requirements.

f)

A regional planned sign program may be submitted by an applicant representing or owning the project site or may be required for a development project when the Planning Director or his or her designee determines that such a sign program is necessary because of special project characteristics.

g)

Applications for regional planned sign programs shall be accompanied by photo simulations of all proposed signage showing daytime and nighttime conditions in addition to standard forms, exhibits, and other materials requested by staff as required for a complete submittal.

h)

Every application under this chapter for a regional planned sign program or appeal to the city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department.

i)

An application to permit a regional planned sign program must be approved by the Planning Commission and be reviewed subject to compliance with the following sections of the Santa Ana Municipal Code:

1.

41-633, requiring forms, descriptions, notification of surrounding property owners, and signature(s) from recorded property owner(s), as applicable;

2.

41-635 through 41-637, scheduling for public hearing, providing notice of hearing, and continuances;

3.

41-642, reviewing the decision of the planning commission by the city council;

4.

41-645 and 41-646, processing appeals;

5.

41-647 and 41-647.5, utilizing such permits and violations of such permits;

6.

41-649, modifying such permits; and

7.

41-651, revoking of such permits.

j)

In granting or denying a regional planned sign program, the planning commission shall make the following findings of fact and may impose conditions, restrictions or limitations as the commission may determine to be necessary to meet the general purpose and intent of this chapter and to ensure that the public health, safety and welfare are being maintained. Findings shall be made and conditions may be imposed to confirm that:

1.

The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight, intrusion, or similar incompatibilities.

2.

The location of the proposed signage will not contribute towards a hazardous environment for pedestrians, cyclists, or motorists on city streets or freeways.

3.

The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed. Scale, intensity, and site development characteristics may be determined by:

A.

Height of existing or proposed buildings on-site;

B.

Quantity of freestanding buildings, facades, and street frontages;

C.

Scale of buildings as they relate to pedestrian and vehicular access, surrounding land uses, and transportation corridors;

D.

Visibility from streets, highways, pedestrian areas, rail corridors, bikeways, other transportation routes, parks, and other public spaces;

E.

Architecture, color(s), material(s), illumination, and other site characteristics; and nature of business activities conducted on-site; and

F.

Visibility from any property used or zoned for residential purposes.

k)

Appeals from decisions of the planning commission, extensions, time limits, and modifications to such regional planned sign programs must be conducted in a manner in accordance with chapter 41, article v, division 1 of the Santa Ana Municipal Code.

(Ord. No. NS-2861, § 5, 5-6-14; Ord. No. NS-3038, § 35, 2-7-23)

Secs. 41-886—41-889. - Reserved. DIVISION 4. - SIGN PERMITS[[15]]

Footnotes:

--- ( 15 ) ---

Editor's note— Ord. No. NS-2116, § 4, adopted Mar. 18, 1991, repealed former Div. 4, §§ 41-890—41-893, of this article, relative to sign permits for on-premise signs, and enacted similar new provisions in lieu thereof as Div. 4, §§ 41-890—41-894. Formerly, such provisions derived from Ord. No. NS-1721, § 1, adopted Apr. 2, 1984.

Sec. 41-890. - Applications.

Applications for sign permits shall be filed by, or with the written consent of, the property owner on forms required by the zoning administrator and shall be accompanied by the following information:

(1)

A pictorial representation of, and other information about, the proposed sign, disclosing overall dimensions, dimensions of letters and figures, colors, materials, copy, and illumination or movement characteristics, if any.

(2)

A plan of the site on which the proposed sign is to be located showing the location of all existing or proposed signs subject to this article, buildings, parking areas and vehicular accessways.

(3)

A description of the type and dimensions of all other existing or proposed signs on the site which are subject to this article, relating each to the location shown on the site plan.

(4)

Such other information as the zoning administrator deems appropriate to determine compliance with the provisions of this article.

(Ord. No. NS-2116, § 4, 3-18-91)

(a)

The zoning administrator shall determine whether the proposed sign or sign program is in compliance with this chapter, the provisions of this code and, in addition, where such property is located within a redevelopment project area, shall consider the provisions of the applicable redevelopment plan and any applicable development agreement approved by the city or the Santa Ana Redevelopment Agency. In addition, the zoning administrator shall determine whether or not the purposes and objectives of this chapter have been met and, in that regard, may impose conditions more restrictive than this article to assure that the purposes and objectives of this chapter will be realized. Consideration may be given to site plans, landscaping, general design and development, setback, relationship of such factors to existing development in immediate or surrounding areas, as well as proposed future development in surrounding or immediate areas as indicated on the general plan or any specific plan of the city and any applicable redevelopment plan. Interior design of buildings shall not be considered except as related to the foregoing; nor shall conditions be imposed to require signs obviously incongruous with the property or surrounding areas.

(b)

The zoning administrator, in compliance with the foregoing, may approve, conditionally approve subject to modifications, or disapprove any application for a sign permit to relocate, erect, alter or expand any sign or sign structure subject to the following standards:

(1)

Such approval does not constitute a special privilege nor available to others in the same circumstances.

(2)

Such approval is in substantial compliance with the general plan and with any applicable redevelopment or specific plan of the city and any applicable development agreement approved by the city or the Santa Ana Redevelopment Agency.

(3)

The nature, condition and development of adjacent uses, buildings and structures have been considered, and no approval shall be granted where such approval will adversely affect or be materially detrimental to such adjacent uses, buildings or structures.

(4)

The sign placement, scale, shape, illumination, size, colors, letter styles, or other design aspect are architecturally appropriate and compatible in relation to the development on and adjacent to the site of the proposed sign. Site development, landscaping, construction, color and material of exteriors, other signs, exterior lighting, uses, occupancy, density, and the entire development plan shall be considered prior to sign approval.

(Ord. No. NS-2116, § 4, 3-18-91)

If the decision of the zoning administrator should be to approve the sign plans as submitted with only insignificant or minor changes, a permit shall be issued. Otherwise, the zoning administrator shall make no decision until notice to the applicant, giving fourteen (14) days to appear and present evidence on his/her behalf, is made and given. Zoning administrator hearings shall not require notice to anyone other than the applicant. The decision of the zoning administrator shall be final and conclusive and effective five (5) city business days after giving of notice thereof, unless within such five (5) city business days an appeal in writing is filed with the secretary of the planning commission by the applicant.

(Ord. No. NS-2116, § 4, 3-18-91)

Sec. 41-893. - Hearing before the planning commission.

All appeals shall be heard by the planning commission at a public hearing within thirty (30) days of the notice of such appeal, and on at least ten (10) days prior written notice to the applicant and appellant and any person requesting notice of the time and place of such hearing. No other notice of such hearing is required. Such notice of hearing may be waived by any person entitled thereto. The planning commission, in making its determination, shall consider the record before the zoning administrator and such additional evidence deemed relevant and received by it at such hearing. The planning commission, in making such determination, shall be governed by the terms and provisions of this article, and its decision shall be final and conclusive.

(Ord. No. NS-2116, § 4, 3-18-91)

Sec. 41-894. - Removal of temporary signs.

In any case where a permit is issued for a sign or advertising display to be installed for a limited time only, the zoning administrator may require, as a condition of approval of the permit, that the applicant post a cash deposit, in amount of the estimated cost of removal of the sign but not to exceed five hundred dollars ($500.00) refundable upon removal of the sign, and an agreement to permit the city to enter upon the site and remove and dispose of the sign in the event such sign is not removed when required to be removed.

(Ord. No. NS-2116, § 4, 3-18-91)

DIVISION 5. - ILLEGAL AND NONCONFORMING SIGNS[[16]]

Footnotes:

--- ( 16 ) ---

Editor's note— Ord. No. NS-2116, § 5, adopted Mar. 18, 1991, repealed former Div. 5, §§ 41-895—41-899, of this article, relative to planned sign programs for on-premise signs, and enacted new provisions in lieu thereof as Div. 5, §§ 41-895—41-900. Formerly, such provisions derived from Ord. No. NS-1721, § 1, adopted Apr. 2, 1984.

Except as otherwise provided in this article, no person shall place, paint, erect, move, reconstruct, alter or display any sign structure or allow the same to be done on property occupied or controlled by such person, except in accordance with a permit issued for such sign pursuant to this article.

(Ord. No. NS-2116, § 5, 3-18-91)

Sec. 41-896. - Maintenance of signs.

No person shall allow any sign located on property owned, occupied or controlled by such person to remain in a condition of disrepair for a period of more than thirty (30) days. For purposes of this article, a sign shall be deemed to be in a condition of disrepair if it is in need of replacement of defective or missing parts, has a broken or damaged sign face, or is in need of repainting or cleaning in order to be brought into a reasonably sightly and legible condition.

(Ord. No. NS-2116, § 5, 3-18-91)

Sec. 41-897. - Nuisance abatement.

Any sign installed, altered or maintained in violation of any provision of this article constitutes a public nuisance and is subject to abatement pursuant to Chapter 17 of this Code.

(Ord. No. NS-2116, § 5, 3-18-91)

Sec. 41-898. - Nonconforming signs.

(a)

A nonconforming sign may be maintained subject to the same restrictions as apply to nonconforming uses and buildings pursuant to Article VI of this chapter.

(b)

A nonconforming sign which is relocated on the same site to accommodate a street widening or other public works project shall retain its status as a nonconforming sign, provided the relocated sign is substantially the same as the sign existing prior to the relocation.

(Ord. No. NS-2116, § 5, 3-18-91)

Sec. 41-899. - Loss of nonconforming sign status.

Subject to section 41-898(b), a nonconforming sign becomes an illegal sign and must be removed, altered or changed to comply with all provisions of this article when:

(1)

The sign is structurally altered or expanded.

(2)

The sign has ceased, for a period of ninety (90) days or more, to identify or represent any occupant or

activity actually located and operating on the site of the sign. For a multitenant nonconforming freestanding sign, the discontinued business sign shall be blanked out, and when fifty (50) per cent or more of the entire sign is blanked out, then the sign shall be removed or shall comply with the provisions of this part.

(3)

There is damage or destruction to the sign to the extent of more than fifty (50) per cent of the value of the sign.

(4)

The sign face or copy is changed, except that a sheet metal cabinet sign in conformance with an implied or explicit sign program may continue subject to all other provisions of this article.

(5)

The sign is located on a site on which the building exteriors are undergoing remodeling, renovation or rehabilitation.

(Ord. No. NS-2116, § 5, 3-18-91)

No person shall install, construct or maintain an illegal sign.

(Ord. No. NS-2116, § 5, 3-18-91)

Secs. 41-901—41-999. - Reserved. DIVISION 6. - DEFINITIONS[[17]]

Footnotes:

--- ( 17 ) ---

Editor's note— Ord. No. NS-2116, § 6, adopted Mar. 18, 1991, repealed Div. 6, §§ 41-1000—41-1010, relative to sign standards and regulations for on-premise signs, and enacted new provisions in lieu thereof as Div. 6, § 41-1000. Formerly, such provisions derived from Ord. No. NS-1721, § 1, adopted Apr. 2, 1984; Ord. No. NS-1860, § 13, adopted Sept. 15, 1986; and Ord. No. NS-1986, § 4, adopted Dec. 19, 1988.

The words and phrases used in this article shall be construed as defined in this division, unless the context clearly required otherwise. Unless specifically defined in this article, the definitions set forth in other provisions of this Code shall likewise apply to this article.

(1)

A-frame sign: A portable, self-supporting sign, also known as a sandwich board sign, typically constructed in an "A" or inverted "V" shape and consists of two (2) flat surfaces joined at the top, designed to be placed on the ground and capable of being easily moved or relocated.

(2)

Aerial sign: A free floating balloon, kite, or similar object not directly secured to property within the city.

(3)

Alter: To change the copy, color, size, shape, illumination, position, location, construction or supporting structure of a sign, not including ordinary maintenance.

(4)

Area of a sign: The entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of writing, representation, logo, or any figure of similar character, together with any frame, background area, structural trim, or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The supports or uprights on which any such sign is supported shall not be included in determining the sign area. The area of signs with two (2) faces shall be considered to be the area of the largest face. The area of signs with three (3) or more faces shall be considered to be the area of the largest face or one-half (½) the area of all of the faces, whichever is less.

(5)

Awning sign: A sign affixed to or imprinted on a temporary shelter composed of nonrigid material on a supporting framework, affixed to the exterior wall of a building.

(6)

Business activity: An enterprise offering goods, services, or other consideration to the public, in legal occupancy of a site or of a specific portion of a site and under separate and distinct management from any other enterprise located on the same site.

(7)

Business frontage: The horizontal dimension of a building or individual business elevation measured at ground level.

(8)

Canopy sign: A sign affixed to any permanent architectural projection extending over a door, entrance, window, or outdoor service area.

(9)

Changeable copy sign: A sign or portion thereof which copy is changed manually or electrically, such as readerboards and electronic message boards, without altering the face or surface.

(10)

Construction sign: A sign at the site of a construction project which identifies the project and/or the persons or firms involved in it.

(11)

Directional sign: A sign erected for the purpose of facilitating or controlling the efficient and safe movement of pedestrians or vehicles on private property and containing only directional information and no advertising.

(12)

Elevation: The visible vertical plane of the side of a building from ground level to the roof line.

(13)

Elevation, primary: The side of a building directly abutting either a street or a parking area. A business owner may choose which elevation is considered the primary elevation, except that in a multitenant building the elevation which is contiguous to other businesses shall be the primary elevation.

(14)

Elevation, secondary: Any elevation of a building not determined to be a primary elevation.

(15)

Flag canopy: A line of flags, or a series of lines of flags, suspended above a site.

(16)

Freestanding sign: A sign standing directly on the ground that is independent from any building or other structure.

(17)

Frontage: The length of a property line along the street that forms its boundary.

(18)

Frontage, primary: A frontage which is either abutting a major arterial or is longer than other frontages on lots having two (2) or more frontages.

(19)

Frontage, secondary: On a lot with frontage on two (2) or more streets, all frontages except that frontage designated as the primary frontage.

(20)

Gross leasable space: A single leasable space regardless of number of tenants or leases within the space.

(21)

Height of sign: The overall height of the sign above the top of the curb grade.

(22)

Illegal sign: A sign which does not conform to the requirements and standards of this article and which is not a nonconforming sign as hereinbelow defined.

(23)

Implied sign program: The predominant pattern of signs within a commercial center which does not have an adopted sign program.

(24)

Incidental sign: A sign conveying information that includes, but is not limited to, hours of operation, delivery information, credit cards accepted, and open/closed signs.

(25)

Integrated development site: Any commercial site, regardless of the number of lots or individual tenants, that is developed with common parking, layout, architecture or design features.

(26)

Item of information: A word, figure, logo, abbreviation, or other symbolic representation.

(27)

Logo: A design of letters or symbols used as a trademark or for identification in lieu of, or in conjunction with, other signs.

(28)

Lot line: A line that separates two (2) lots.

(29)

Marquee sign: A sign affixed to a permanent projection extending from the building or beyond the wall of the building.

(30)

Monument sign: A freestanding low profile sign with the sign width greater than the sign height and designed with a solid base and background.

(31)

Multitenant development: A development consisting of three (3) or more leasable spaces.

(32)

Noncommercial sign: A sign which is not any of the following:

a.

A sign which is designed to promote the sale, lease, or exchange of goods, services, or property.

b.

A sign which is designed to identify or attract attention to any place which sells, leases, or exchanges goods, services, or property.

c.

A sign which is designed to identify or attract attention to any church or other place of worship, club, nonprofit facility, governmental office or facility, or other such place where a person, group of persons or organization is engaged in any activity involving interaction with the general public or a significant portion thereof, whether for income purposes or not.

d.

A directional sign.

e.

A construction sign.

(33)

Nonconforming sign: Any sign which at one time conformed to all applicable requirements and standards of this chapter, including all applicable permit requirements, but which subsequently ceased to so conform due to changes in such requirements and standards.

(34)

Painted sign: A sign painted directly on a building or on material which is then attached to a building.

(35)

Parapet: A protective wall or barrier projecting above any canopy, balcony, or roof.

(36)

Permanent sign: A sign constructed of weather-resistant material and intended for permanent use.

(37)

Projecting sign: A sign attached to a building with the face not parallel to the vertical surface of the building.

(38)

Raceway: A conduit to house electrical wires for signs and used to support and/or affix signage on a wall.

(39)

Real estate sign: A temporary sign pertaining to the sale, lease, or rental of land and/or buildings.

(40)

Roof line: The uppermost edge of the roof or the top of the parapet, excluding mechanical equipment screens, whichever is highest. Where a building has several roof levels, the roof line shall be the one belonging to that portion of the building on which the sign is located.

(41)

Roof sign: A sign which has a point of attachment to the roof of a building. Architectural projections, including mechanical equipment screens, above any parapet or roof line whose sole function is a background for signs shall be considered a sign structure. A sign on such an architectural projection shall be considered a roof sign.

(42)

Sign: Letters, figures, symbols, trademarks, or logos, with or without illumination, intended to identify any place, subject, person, firm, business, product, article, or merchandise. A sign includes all parts, materials, frames, and backgrounds.

(43)

Signable area: The area of the largest rectangular portion of a face of a building to which a sign is affixed or proposed to be affixed, which can be included within parallel, vertical and horizontal lines uninterrupted by

significant architectural features of the building.

(44)

Site: A unit of land, together with all improvements thereon, determined as follows:

a.

A unit of land which may be conveyed separately from any and all adjacent land without the requirement of approval of a tentative map pursuant to the Subdivision Map Act and Chapter 34 of this Code.

b.

Two (2) or more buildings or business activities that are or will be related to each other physically or architecturally, such as by sharing off-street parking facilities, so as to form an integrated development, such as a shopping center, industrial park or office complex.

(45)

Special event sign or display: Signs or advertising displays or combination thereof which advertise or attract public attention to a special one-time event, the opening of a building or business activity, the sale or goods or services at discounted or otherwise specially advantageous prices, or similar event; but excluding signs pertaining to the sale, lease or rental of real estate.

(46)

Temporary sign: Any sign that is used only temporarily and is not permanently mounted.

(47)

Under-canopy sign: A sign that is suspended below a canopy or marquee perpendicular to the nearest elevation.

(48)

Unshielded lighting: An external illumination source which is exposed to view.

(49)

Wall sign: A sign which is attached parallel to or painted on a wall, including parapet or canopy fascia, or a building.

(50)

Width of sign: The total horizontal dimension of a sign, including all frames or structures.

(51)

Window sign: A sign that is attached to or is intended to be seen in, on, or through a window and is visible from the exterior of the window.

(Ord. No. NS-2116, § 6, 3-18-91; Ord. No. NS-3085, § 6, 9-16-25)

Secs. 41-1001—41-1019. - Reserved. DIVISION 7. - RESERVED[[18]]

Footnotes:

--- ( 18 ) ---

Editor's note— Ord. No. NS-2803, § 17, adopted June 21, 2010, repealed the former division 7, §§ 411020—41-1040 in its entirety, which pertained to downtown district signs, and derived from Ord. No. NS2117, § 1, adopted March 18, 1991, and Ord. No. NS-2449, §§ 1, 3—9, 11, adopted October 16, 2000.

Secs. 41-1020—41-1099. - Reserved.

ARTICLE XII. - OFF-PREMISES COMMERCIAL ADVERTISING SIGNS (BILLBOARDS)[[19]]

Footnotes:

--- ( 19 ) ---

Editor's note— Ord. No. NS-3023, §§ 3, 4, adopted July 19, 2022, repealed art. XII, divs. 1—4, §§ 41-1100 —41-1107, 41-1110—41-1116, 41-1120—41-1122, 41-1130—41-1132 and enacted a new art. XII as set out herein. Former art. XII pertained to off-premise commercial advertising signs and derived from Ord. No. NS-1722, § 1, adopted April 16, 1984; and Ord. No. NS-1927, §§ 1—6, adopted September 8, 1987.