Chapter 20.21 — ORANGE AVENUE OVERLAY DISTRICT

A. Application of the Overlay Concept. The purpose of this chapter is to establish an overlay zoning district that may be superimposed upon existing zoning districts in order to improve the appearance of the properties with frontage along Orange Avenue between Willow and Hill Streets. All property within the district shall be developed and maintained in accordance with the provisions of the underlying zoning district as well as this overlay zone. In the event of a conflict between the underlying zoning and this overlay zone, the provisions of this overlay zone shall govern. Compliance herewith shall be obtained in accordance with the compliance plan described in Section 20.21.090.

(Ord. 99-02-1247 § 3 (part))

Goals for the overlay district include:

1. Apply property maintenance standards that would require property owners in the district to improve their properties beyond that required under other applicable codes;

2. Improve the appearance of properties in the district by requiring new, neat fences, functional screening and adequate landscaping with automatic irrigation systems at existing storage yards and by requiring the repainting of buildings and repaving of parking lots;

3. Encourage the redevelopment of the lots in the district, which are shallow in depth, by reducing the front setback requirements;

4. Ensure that the property owners bring their property into compliance with the provisions of this chapter by submitting and obtaining approval of a compliance plan and timely implementing such compliance plan. (Ord. 99-02-1247 § 3 (part))

A. The required setback lines for all new development shall be the number of feet stated below as measured from the established future right-of-way line:

Front Setback

Buildings--10 ft.

Parking lot--5 ft.

Outdoor storage area--5 ft.

Rear Setback--0 ft.

Interior Side Setback--0 ft.

Street Side setback--0 ft.

B. Exceptions. Fences at storage yards and parking lots existing as of the effective date of this chapter shall comply with the requirements of Section 20.21.050.

(Ord. 99-02-1247 § 3 (part))

All new outdoor storage yards shall be paved to standards approved by the city engineer. Paving materials other than concrete or a/c paving may be used, subject to approval of the city engineer.

(Ord. 99-02-1247 § 3 (part))

A. Setbacks. Fences and gates at all storage yards and parking lots existing as of the effective date of this chapter shall comply with the following minimum setbacks as measured from the established future right-of-way line: Front Setback--0 ft.

Rear Setback--0 ft.

Interior Side Setback--0 ft.

Street Side Setback--0 ft.

B. Removal and Replacement. Fences and gates that do not comply with the setbacks described in subsection A of this section shall be removed and new fencing and gates consistent with the established setback shall be installed within the time frame provided under Section 20.21.090(c).

C. Screening. Fences and gates at all storage yards shall include slats or mesh made of durable material that serves to screen the yard from public view. Slats or mesh shall be installed at those fences and gates without such screening within the time frame provided under Section 20.21.090(D).

D. Maintenance. All fences, gates and associated screening shall be installed and maintained in a straight condition with a first-class neat appearance.

(Ord. 99-02-1247 § 3 (part))

A. Minimum Requirements. All storage yards and parking lots existing as of the effective date of this chapter shall provide landscaping in the area between any fence and the property lines as measured from the established future right-of-way line. The following minimum standards shall apply for each fifty linear feet of storage yard fencing:

1. 1--15 gallon tree (carrotwood) with root-barrier control box;

2. 2--5 gallon vines (either blood-red or violet trumpet vine);

3. 12--15 gallon shrubs (Rhapiolepis indica "Jack Evans" or Ligusstrum japonicum "texanum" or a combination of both;

4. Automatic irrigation system;

5. Mulch cover.

B. Maintenance. All landscaping and irrigation equipment shall be installed and maintained consistent with a landscape plan included with a compliance plan approved pursuant to Section 20.21.090.

(Ord. 99-02-1247 § 3 (part))

All buildings, walls or similar structures in the district shall be painted as may be regularly needed to maintain a first-class and neat appearance, free of peeling, rusting, discoloration or stains. (Ord. 99-02-1247 § 3 (part))

All driveways and paved parking lots in the district shall be maintained in a first-class condition, with a smooth level surface, free of deterioration. Properties with unpaved driveways shall be upgraded to include paved driveways to

ensure that mud and dirt is not tracked onto the right-of-way. (Ord. 99-02-1247 § 3 (part))

• A. Notification. Within ten days of the effective date of this chapter, the director of community development shall, in writing, notify the owners of property of the need to prepare a compliance plan.

• B. Minimum Requirements. Within six months of the effective date of this chapter, the owner of property which is not in compliance with the provisions of this chapter shall prepare and submit, or cause to be prepared and submitted, a compliance plan which shall include the following:

1. Site plan;

2. Proposed landscaped areas with dimensions, proposed trees, shrubs and vines (including size and quantity) and irrigation plan;

3. Proposed fencing details including dimensions, location, height and screening details;

4. Proposed repainting (including color) and parking lot and driveway improvements.

C. Review Procedure. The compliance plan shall be reviewed and approved, conditionally approved or denied by the director of community development based on findings of consistency with the purpose and intent of this chapter and the director shall notify the owner or agent in writing of such action and findings. If the director denies the compliance plan, the property owner, or agent, shall cause the plan to be revised and resubmitted within thirty days of receipt of notice of the director's action.

D. Implementation. Upon approval of the compliance plan by the director of community development, the property owner, or agent, shall have six months to complete all the required improvements in accordance with the approved compliance plan.

(Ord. 99-02-1247 § 3 (part))

A. Any property owner failing to submit a compliance plan required by this chapter shall be guilty of a misdemeanor as provided in Chapter 1.16.

B. Any property owner failing to construct the improvements contained on an approved compliance plan within the required period shall be guilty of a misdemeanor as provided in Chapter 1.16.

C. Any property owner failing to maintain their property in a condition consistent with an approved compliance plan, or in a condition that is otherwise in violation of any section of this chapter, shall be guilty of an infraction as provided in Chapter 1.16.

(Ord. 99-02-1247 § 3 (part))