Title 16 — DEVELOPMENT CODE
Victorville Zoning Code · 2026-06 edition · ingested 2026-07-07 · Victorville
Source: library.municode.com (print export)
Title 16 - DEVELOPMENT CODE Chapter 1: - Development Department Article 1: - General Provisions
Sec. 16-1.01.010: - Title
This Title shall be known as the City of Victorville Development Code and shall be referred to as the "Development Code". This Title replaces the previous Zoning Code (Title 18), Buildings and Construction Code (Title 15), and Fire Code (Title 8); and, any references made to these codes in the remainder of the Municipal Code shall be referred to this Title.
Sec. 16-1.01.020: - Purpose and objectives
The Development Department is charged with the implementation, maintenance and enforcement of the Development Code. It is a multi-disciplined department that integrates planning, building, code enforcement, engineering plan check and fire prevention services; and, to provide maximum efficiency while ensuring quality and safe development.
The Development Code is adopted to implement the Victorville General Plan and regulate development in order to protect and promote the public health, safety, prosperity and general welfare. More specifically, it is intended to achieve the following objectives:
a)
Guide physical development in order to enhance the character and quality of existing neighborhoods and to foster a harmonious and beneficial relationship between all land uses;
b)
Determine appropriate land uses and locations envisioned by the General Plan in order to protect all areas of the community from harmful land use intrusions;
c)
Encourage a full range of office, commercial and industrial uses in order to assure a strong local economic base;
d)
Ensure the provision of adequate open space for light, air circulation, visual relief from the built environment and to maximize fire safety provisions;
e)
Ensure that new development will not overtax the capacity of existing streets, utilities or community facilities and services;
f)
Reduce the risk of injury or exposure to hazards for people and property through adherence to building and fire codes;
In order to achieve these objectives, the Development Code incorporates the following strategies:
a)
Provide a comprehensive, streamlined process to assist the public through the entire development process, from planning approval through building construction.
b)
Provide an integrated code enforcement program to ensure that property maintenance and public safety are upheld.
c)
Establish reasonable development regulations and design guidelines in an understandable format.
d)
Outline a thorough public review process for new development.
Sec. 16-1.01.030: - Application
This Title shall apply to all property within the incorporated City limits.
Article 2: - Composition
Sec. 16-1.02.010: - Purpose
The purpose of this Article is to identify each approval authority and their powers and duties.
Sec. 16-1.02.020: - Department personnel
It is the duty of all City officials and personnel concerned with any of the matters regulated by this Title to enforce its provisions.
Sec. 16-1.02.030: - City Manager
The City Manager or the City Manager's designee shall be responsible for the oversight of the Development Code. The City Manager shall have the authority to appoint those designees to assist with said oversight to include but not be limited to City Planner, Zoning Administrator, Building Official, Fire Code Official, Code Enforcement Official, and Secretary to the Planning Commission.
(Ord. No. 2388, § 3, 3-19-19)
Sec. 16-1.02.040: - Zoning Administrator
a)
Established. Pursuant to State Government Code, there is hereby created and established in the City of Victorville, the position of Zoning Administrator, which shall be appointed by the City Manager or his designee.
b)
Powers and Duties. The Zoning Administrator shall have the power and duty to review and make decisions on those application types identified in Table 5-1 (Permit Approval Matrix) of Chapter 2 Article 5 of this Title. The Zoning Administrator shall have final authority over land use related Animal Control and Code Enforcement issues, subject to the appeal rights specified in Chapter 2, Article 2 of this Title.
c)
Meetings. The Zoning Administrator shall adopt rules and procedures governing meeting business, conduct and actions within the Zoning Administrator's jurisdiction and setting timeframes for such meetings.
(Ord. No. 2360, § 3, 12-20-16)
Sec. 16-1.02.050: - Building Official
(a)
Established. Pursuant to California Building Code and all related State codes, there is hereby created and established in the City of Victorville the position of Building Official, which shall be appointed by the City Manager or his designee. The Building Official may be referred to as "Building Official" throughout this Title.
(b)
Powers and duties. The Building Official shall have the power and duty to review and make decisions on those application types identified in Table 5-1 (Permit Approval Matrix) of Chapter 2 Article 5, as well as the authority granted by the Municipal Code and State Codes referenced therein. The Building Official shall have final authority over building, safety and fire related Code Enforcement issues.
Sec. 16-1.02.060: - Fire Code Official
(a)
Established. Pursuant to California Building Code, California Fire Code, and all related State Codes, there is hereby created and established in the City of Victorville the position of Fire Code Official, which shall be filled by the Fire Chief or Building Official, as applicable per the provisions of this Code.
(b)
Powers and duties. The Building Official shall have the power and duty to review and make decisions on those application types identified in Table 5-1 (Permit Approval Matrix) of Chapter 2 Article 5, as well as the authority granted by the Municipal Code, County Code and State Codes referenced therein. The Building Code Official shall have final authority over building, safety and fire related Code Enforcement issues, as provided for by this Title.
Sec. 16-1.02.070: - Code Enforcement Official
(a)
Established. Pursuant to State Penal Code and the International Property Maintenance Code, there is hereby created and established in the City of Victorville, the position of Code Enforcement Official, which shall be appointed by City Manager or his designee.
(b)
Powers and duties. The Code Enforcement Official shall have the power and duty to enforce all provisions of the Municipal Code and issue notices and orders in order to obtain compliance.
(Ord. No. 2388, § 3, 3-19-19)
Sec. 16-1.02.080: - Historic Preservation Commission
a)
Established. Pursuant to State Government Code, there is hereby created and established in the City of Victorville, a Historic Preservation Commission.
b)
Membership. The Historic Preservation Commission shall consist of the members of the Planning Commission.
c)
Powers and duties. The Historic Preservation Commission shall have the following powers and duties:
1)
Establish criteria for and conduct or cause to be conducted a comprehensive survey in conformance with state survey standards and guidelines of Historical Resources within the boundaries of the City. Publicize and periodically update the survey results.
2)
The authority to hear, make recommendations and/or decide on those application types identified in Table 5-1 (Permit Approval Matrix) of Chapter 2 Article 5 which include the recommending to the City Council the declaration of historic landmarks and points of interest and Districts within the City.
3)
Maintain a local register of Designated Historic Landmarks, points of interest and Districts consistent with the National Register of Historic Places criteria including all information required for each designation.
d)
Meetings. The Historic Preservation Commission shall adopt rules and procedures governing meeting business, conduct and actions within the Historic Preservation Commission's jurisdiction and setting timeframes for such meetings.
Sec. 16-1.02.090: - Planning Commission
a)
Established. The Planning Commission's creation and operation is outlined in Victorville Municipal Code Title 2, Chapter 2.12; and may be referred to as "Commission" throughout this Title.
b)
Powers and duties. The Planning Commission shall have the authority to review and act on those applications identified in Table 5-1 (Permit Approval Matrix) of Chapter 2 Article 5.
Pursuant to State Health and Safety Code, the Planning Commission shall act as the local appeals board regarding the building requirements of the City. In addition, the Planning Commission shall have the authority to act upon an appeal of any order, requirement, permit, decision or determination concerning land use under this Development Code made by an administrative or appointed official or body, such as the City Manager or his/her designee, Zoning Administrator, Building/Fire Code Official or Code Enforcement Official.
c)
Meetings. The Planning Commission shall adopt rules as necessary to the conduct of its affairs and in keeping with the provisions of this Title. Meetings shall be held on a regular basis and open to the public. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, and shall keep records of its own examinations and other official actions, which shall be filed in the Development Department.
(Ord. No. 2388, § 3, 3-19-19)
Sec. 16-1.02.100: - City Council
a)
Established. The City Council's establishment, membership and operation are recognized in Victorville Municipal Code Title, Chapter 2; and may be referred to as "Council" throughout this Title.
b)
Powers and duties. The City Council shall have the authority to hear and decide on those application types identified in Table 5-1 (Permit Approval Matrix) of Chapter 2 Article 5 and shall have review and final authority on all appeals of Planning Commission or Historic Preservation Commission actions.
Article 3: - Definitions
Sec. 16-1.03.010: - Definitions ¶
For the purpose of the Development Code, hereinafter "the Code" or "this Code", unless otherwise apparent from the context, certain words, terms and phrases used in this Title are defined in this Section.
Words used in the present tense include the future, words used in the singular number also include the plural, and words used in the plural number include the singular, unless the natural construction of wording indicates otherwise. The word "shall" indicates a mandatory requirement, except as when used in connection with an action or decision of the Council or any City commission, board, or official, in which case the word "shall" shall be directory only. Whenever used in this Title, the word "day" shall mean a calendar day.
plural number include the singular, unless the natural construction of wording indicates otherwise. The word "shall" indicates a mandatory requirement, except as when used in connection with an action or decision of the Council or any City commission, board, or official, in which case the word "shall" shall be directory only. Whenever used in this Title, the word "day" shall mean a calendar day.
| A | |
|---|---|
| Abandoned Cart | means a shopping cart which is either: |
| (i) Removed from the premises of an establishment by any person without the written permission or consent of the owner of the cart or the retailer otherwise entitled to possession of such cart (excluding for enforcement personnel); or |
|
| (ii) Left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the permission of the owner. |
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| Abatement | the removal of a certain conditions or the cessation of a certain activity or activities which create nuisance conditions and endanger the life, health, property, safety or welfare of the general public and/or constitute a violation of the Victorville Municipal Code and/or other regulation(s). |
| Above-ground/ on-ground pool |
see defnition of "swimming pools." |
| Accessory building/ structure |
a permanent or non-permanent building/structure which is subordinate in size to, and the use of which is incidental to, that of the principal building or the principal use on the same lot. No building in an R district which contains a dwelling unit is an accessory building/structure. |
| Advisory agency | the City of Victorville Planning Commission. |
| Agriculture | the tilling of soil, the raising of crops, horticulture, small livestock farming, dairying or animal husbandry, including all uses customarily incidental thereto but not including slaughterhouses, feed yards, hog farms, fertilizer works, bone yards or plants for the reduction of animal matter or any other industrial or agricultural use which is determined by the Planning Commission to be similarly objectionable because of noise, odor, smoke, dust or fumes. |
| Alcoholic Beverage | means any liquid or solid containing alcohol, spirits, liquor, wine, or beer, that contains one-half of one percent or more of alcohol by volume and that is ft for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license. |
| Alcoholic beverage, single-serve |
means an alcoholic beverage, as defned in this Section, that is packaged for sale in single unit quantities described as: individual containers of beer, malt liquor and alcoholic energy drinks of any size; individual containers of wine of less than 750 ml in size; individual containers of distilled spirits of less than 375 ml in size; or any other individual container of alcoholic beverage for single-serve consumption. This defnition does not include: (i) beverages in kegs or other types of containers, with a volume of two or more gallons, which are clearly designed to dispense multiple servings; or (ii) alcoholic beverages sold in manufacturers pre-packaged multi-unit quantities to include: wine in bottles or containers smaller than 750 ml; individual containers of distilled spirits of less than 375 mi in size; wine coolers, beer, malt liquor and alcoholic energy |
| drinks in containers of any size; and/or any other individual alcoholic beverage for single- serve consumption. |
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| Alcoholic beverage sales establishment |
including "alcohol sales establishment" or "alcoholic beverage establishment", means an establishment that conducts sales of alcoholic beverages for consumption on or of the premises where sold and is licensed by the ABC for the retail sale of alcoholic beverages for on-site or of-site consumption. |
| Alcoholic beverage sales establishment, nonconforming |
means any alcoholic beverage sales establishment that does not conform to the regulations of this Title, and for which a valid ABC license had been issued and used in the exercise of the rights and privileges conferred by the license, which lawfully existed at the time the regulations with which it does not conform became efective, regardless of whether such establishment was allowed as part of a conditional use permit granted prior to the time the regulations with which it does not conform became efective. Such an establishment shall be considered a deemed approved establishment and shall no longer be considered a legal nonconforming use. |
| Alcoholic beverage establishment, on- site |
means an establishment that conducts sales of alcoholic beverages for consumption on the premises where sold. |
| Alcoholic beverage establishment, of- site |
means an establishment that conducts retail sales of alcoholic beverages for consumption of the premises where sold. |
| Alley | a thoroughfare dedicated for public use, not to exceed thirty feet in width for the use of pedestrians and/or vehicles, which afords only a secondary means of access to the abutting property. |
| Alluvial fan | a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fne sediments that have been eroded from mountain slopes, transported by food fows, and then deposited on the valley foors, and which is subject to fash fooding, high velocity fows, debris fows, erosion, sediment movement and deposition, and channel migration. |
| A | |
|---|---|
| Amusement Device | any mechanical or electronic apparatus available for play upon payment of a cash or other valuable consideration with which a game of skill may be played. Such phrase shall also include any apparatus by means of which any article may be sold, vended, transferred or delivered to the player of such apparatus by the playing of any game of skill with such apparatus. Such phrase shall also include any apparatus consisting of a boxed feld with which a game of skill may be played by the use of marbles or balls which may be projected into the feld by a plunger or otherwise, in the playing of which the score of the player depends upon which of certain designated places in the feld the ball or marble comes to rest and which is available for play upon payment of a cash or other valuable consideration. |
| Apartment | a room or suite of rooms in a multiple dwelling, designed, intended and suitable as a residence. |
| Apex | the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. |
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| Appeal | a request for a review of the foodplain administrator's interpretation of any provision of this Chapter. |
| Appeal board | the City of Victorville City Council or its designee as authorized elsewhere in the Code. |
| Appliance repair, small |
a business that repairs or services machines that are powered by electricity, natural gas, or similar means, that is typically used in home, ofce, and/or personal applications to perform a particular job, and which do not require heavy equipment to move and/or service. |
| Applicant | a person, entity or corporation who submits an application and seeks a building permit, business license or land use entitlement. |
| Area of shallow fooding |
a designated AO or AH zone on the food insurance rate map (FIRM). The base food depths range from one to three feet; a clearly defned channel does not exist; the path of fooding is unpredictable and indeterminate; and velocity fow may be evident. Such food is characterized by ponding or sheet fow. |
| Area of special food hazard |
see "Special food hazard area." |
| Area of special mudslide (i.e. mudfow) hazard |
is the area subject to severe mudslides (i.e. mudfows). The area is designated as zone M on the food insurance rate map (FIRM). |
| Arm's length transaction |
means a sale of a tobacco retailer location or business in good faith and for valuable consideration that refects the fair market value in the open market between two or more informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a signifcant purpose is avoiding the efect of violations of the Development Code is not an arm's length transaction. |
| Assembly use | a gathering of people for civic, social or religious functions of a non-retail nature; unless otherwise specifed in this Title. |
| Automobile repair, light |
automobile repair that includes tire/wheel installation, service, and repair; alignment service; shocks and brake service; lube and oil change service; and other related light automobile repair, service, and maintenance as determined by the Zoning Administrator. Light automobile repair does not include service or repairs that require mechanical expertise, machining (other than brake drum/rotor repair), engine removal, exhaust repair, and body/panel repair. |
| Automobile repair, heavy |
automobile repair that includes service or repairs that require mechanical expertise, machining (other than brake drum/rotor repair), engine removal, exhaust repair, body/panel repair, other related heavy automobile repair, and heavy equipment/tractor-trailer repair |
| and/or service as determined by the Zoning Administrator. Heavy automobile repair does not include auto wrecking yards, salvage yards, storage yards, or any other functions not intended to repair/service automobiles on-site planned to be returned to road worthy condition. |
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| Automobile service station |
a retail place of business where fuel stored only in underground tanks is dispensed directly to users of motor vehicles and where the following uses shall take place: oil changes, lubrications, radiator servicing, tire changing and repairs, battery servicing, tune-ups and minor wheel and brake adjustments. Further, service stations can dispense oil, antifreeze, tires, batteries and other accessories directly to users of motor vehicles. Major automobile repairs including, but not limited to, upholstery work, auto glass work, painting, welding, auto dismantling, body and fender work and any type of major overhaul are excluded. No overnight parking or storage of vehicles on the premises is permitted, except for the purpose of emergency repairs, which shall not exceed seventy-two hours. |
| Automobile and trailer sales area |
an open area used for the display, sale or rental of new or used automobiles or trailers, and where repair work is limited to minor incidental repair of automobiles or trailers to be displayed, rented or sold on premises. |
| Automobile wrecking |
the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, or partially dismantled, or obsolete or wrecked vehicles or their parts. |
| B |
| A | |
|---|---|
| Bar/Nightclub | means any business excluding a bona fde eating place maintained and operated for the sale and service of alcoholic beverages with or without live entertainment, and in which food may be sold or served incidentally to the sale or service of alcoholic beverages. This defnition shall also include those establishments known variously as cocktail lounges, dance clubs, discos, honky-tonks etc., which may or may not charge a fee to enter the premises (i.e. cover charge, entry fee, etc.) and provide the sale and service of alcoholic beverages. |
| Barrier | a fence, wall, building wall or combination thereof that completely surrounds the swimming pool and obstructs access to the swimming pool. |
| Base food | a food which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year food"). |
| Basement/ Cellar |
a story partly or wholly underground and having more than one-half of its height below the average level of the adjoining ground. A basement, when designed for, or occupied by, dwellings, business or manufacturing, shall be considered a story. |
| Base Station | means the transmission equipment at a fxed location, housed within a protective shelter, and not mounted to a support structure or wireless tower that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. Base stations include indoor or outdoor installations, permanent structures and equipment cabinets, as well as pre-fabricated structures. This defnition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16,Article 24, of the Development Code. |
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| Bedrock | in-place solid rock. |
| Billboard | an advertising structure used for of-premises advertising of a product, person, business or message. |
| Billiard Parlor | an establishment that provides more than 2 billiard or pool tables or has 50 percent or more of the public foor area devoted to the use of billiard or pool tables by the public for compensation, whether or not the use of billiard or pool tables constitute the primary use or an accessory or incidental use. The terms "Billiard Parlor," "Pool Hall," and "Billiard/pool rooms" may be used interchangeable. |
| Block | the property abutting on one side of a street between two nearest intersecting streets, railroad right-of-way or other natural barrier; provided, however, that where a street curves so that any two curves thereof form an angle of one hundred degrees or less measured on the lot side, each curve shall be construed as an intersecting street. |
| Boarding house | a building where meals and/or lodging are provided for compensation for seven or more persons. The term does not include such uses as rest home, convalescent home or home for the aged. |
| Body art facility | a fxed location in which a body art practitioner performs, or demonstrates for the purpose of instruction, body art, including reception areas, the procedure area, and the decontamination and sterilization area, excluding those locations where body art is only provided on an out-call basis. |
| Body art practitioner |
a person who performs body art on a client. These activities include tattooing, body piercing, application of permanent cosmetics, and branding. |
| Building | any structure, excluding mobile and manufactured homes, designed for permanency, that is built with walls and a roof, used or intended for supporting or sheltering any use or occupancy. |
| Building Frontage |
for the purpose of calculating sign area, "building frontage" shall be the linear measurement of the maximum width of the exterior walls when measured perpendicular to the primary frontage. |
| Building height | the vertical distance from the average fnished ground level of the site to the highest point of the structure. |
| Building site | means the land area, consisting of one or more lots or parcels of land under common ownership or control, to be considered as the unit of land occupied by a main building or buildings and accessory buildings, or by a principal use and uses accessory thereto, together with all the yards, parking spaces and other open spaces required by this Chapter. |
| Building, main | one or more buildings in which is conducted a principal use of the lot upon which it is situated. Every dwelling in an R district is a main building. |
| Building, principal | a permanent building within which a principal use and accessory use(s) are conducted. |
| Building, subordinate |
a structure that is either a maximum of four hundred square feet in foor area or forty percent of the square footage of the main building; whichever is greater. |
| --- | --- |
| Business | Means, with respect to the provisions of this Title relating to City business licenses, any commercial enterprise, trade, calling, vocation, profession, occupation, or means of livelihood, whether or not carried on for gain or proft, and includes the ofering of real property for rental by the owner of such property. |
| C | |
| California Department of Alcoholic Beverage Control or ABC |
means the department of the State of California empowered to act pursuant to Article XX, Section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act. |
| Camp, public | land or premises used or intended to be used, let or rented for camping purposes by two or more camping parties, trailers, tents or movable or temporary dwellings. |
| Canopy or Marquee |
a fxed overhead structure which may or may not be attached to a building. |
| A | |
|---|---|
| Carport | a permanent roofed structure with no more than two enclosed sides used or intended to be used for automobile shelter and storage with a minimum of one hundred ffty cubic feet of storage space. |
| Cemetery | means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. |
| Centerline | the "centerline" of a street as referred to in this Title means the right-of-way centerline as established by the county surveyor, by the City Engineer, by the State Division of Highways, or if no such centerline has been established and in any case in which foregoing defnition is not applicable, the Planning Commission shall designate the centerline. |
| Certifed Farmers' Market |
means a farmers' market certifed as operating in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter. |
| Charity | includes any nonproft organization, trust or other person which solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. Charitable purposes include but are not limited to the improvement and advancement of public safety, education, religion, the prevention of cruelty to children and animals, any environmental protection and other benevolent purposes. Any Charity described herein must be exempt from taxation pursuant to California Revenue and Taxation Code Section 23701(d) or Internal Revenue Code Section 501(c)(3). |
| City | shall refer to the City of Victorville. |
| City engineer | the person charged with the responsibility of coordinating all phases of engineering for the City Government, or as otherwise authorized by this Title. |
| --- | --- |
| City Facilities | means the public parks, public buildings, and public community facilities/centers owned and operated by the City, including the City Library, City Hall, and the various community, activity, and sports centers in the City. |
| Civil engineer | a civil engineer duly registered with the State. |
| Clerk of the advisory agency |
the Secretary to the Planning Commission as appointed by the City Manager or his/her designee. |
| Club | an association of persons, whether incorporated or unincorporated, organized for some common nonproft purpose, but not including a group organized solely or primarily to render a service customarily carried on as a business. |
| Code Enforcement Ofcers |
those individuals employed by the City and/or designated by the Code Enforcement Ofcial or his or her designee to conduct inspections and to take such actions as may be required by the provisions of this Chapter for the purpose of enforcing certain prescribed provisions of the Municipal Code and all applicable statutes, rules, codes and regulations enforceable by the City of Victorville with an emphasis on investigating matters pertaining to private property related to this Code. Code Enforcement Ofcers report to the Code Enforcement Ofcial and carry out their duties under the powers and authority of the City Manager or his/her designee, Zoning Administrator, Building/Fire Code Ofcial, and Code Enforcement Ofcial. |
| Collocation | means the mounting or installation of transmission equipment on a support structure for the purpose of transmitting and/or receiving electromagnetic waves for communications purposes. This defnition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16,Article 24, of the Development Code. |
| Commercial cannabis activity |
means and includes the cultivation, possession, manufacture, distribution, processing, storing, dispensing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products used for medicinal, non-medicinal, or other purposes, including without limitation, the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses. "Commercial cannabis activity" does not include the personal adult uses allowed by Health and Safety Code sections 11362.1 and 11362.2. |
| Commercial coach | a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall include a trailer coach. |
| Commercial message |
means a message that proposes a commercial transaction or relates primarily to the economic and commercial interests of the message sponsor and/or the sign audience interests, such as the exchange of goods and services. |
| Commercial shopping center |
a group of three or more commercial uses having an area of fve or more acres planned and designed to function as an integral unit on a single parcel or contiguous parcels and which utilize common of-street parking and access. |
| Community clubhouse |
a building containing facilities for neighborhood civic and social activities, when operated for and used by property owners in the vicinity; excluding anywhere membership or use is on any other basis than residence in the neighborhood, or where the chief activity is one customarily carried on as a business. |
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| A | |
|---|---|
| Condominium development |
a structure or appurtenant premises divided in ownership by the existence of condominiums as now or hereafter defned in Section 1350 of the Civic Code of the State, and includes instances where ownership is so divided following prior single ownership of the entire structure and premises, as well as new structures and premises so divided in ownership. |
| Construction site | any location where grading, construction of structures, remodeling, mobile home setdown, renovation or any other work subject to a permit from the Building Division is required. |
| Construction site maintenance |
the routine, continuous maintenance of the construction site in order to adequately contain the storage of trash, rubbish or debris and maintain a clean and safe construction site. |
| Construction site trash, rubbish or debris |
means any container, wrapper, crate or packaging that accompanies the construction material, any surplus or residual construction material brought to or originating at the construction site, and any other residual materials used by the construction workers and brought to the site. |
| Convalescent | a facility, place or land use, excluding hospitals, that is operated for the long term care and treatment of senior inficted with human illness or requiring physical or mental care, rehabilitation, etc., including uses such as assisted living, hospice care, nursing home, rest home, skilled nursing, etc. |
| Convenience market |
a retail establishment, with less than 12,000 square feet of foor area, ofering for sale prepackaged food and beverage products, household items, newspapers and magazines, and sandwiches/salad and other freshly prepared foods for of-site consumption. |
| County | the County of San Bernardino. |
| Court | an open, unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings. |
| Cul-de-sac | a street which connects to other streets only at one end, and having a provision for a turnaround at its other end. |
| D | |
| Dairy | any premises where milk is produced for sale or distribution and where three or more cows or goats are in lactation. |
| Day care center and/or day nursery |
any type of day care programs having thirteen ffteen or more children, excluding members of the resident family, excepting therefrom child care where listed as an accessory use in this title. "Day nursery" and/or "day care center" shall include nurseries for children of working mothers, nursery schools for children under minimum age for education in public schools, parent cooperatives, programs covering care for school children as well as care |
| facilities for adults; provided such establishments are licensed by the State and conducted in accordance with State and County social and welfare requirements. |
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| Decorative Rock | colored stones, cobble rock, boulders of varied sizes, quartzite, pea gravel or decomposed granite used to achieve 100% landscape ground cover with an adequate depth. Grey rock, or blended rock may be considered decorative rock if incorporated into a design with the decorative rock. |
| Deemed approved establishment |
including "deemed approved alcohol sales establishment" means any nonconforming alcoholic beverage sales establishment as defned in this Section. Such establishment shall be considered a deemed approved establishment efective on the date the regulations with which it does not conform became efective. |
| Deemed approved status |
means the permitted use of land for a deemed approved establishment that conducts retail sales of alcoholic beverages for consumption of the premises where sold. Deemed approved status replaces nonconforming status for of-site alcohol establishments and remains in efect as long as the deemed approved establishment complies with the applicable performance standards and other deemed approved regulations provided in the Development Code. |
| Development | any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, flling, grading, paving, excavation or drilling operations or storage of equipment or materials. |
| Development Plan | see "Site Plan." |
| Dominant wind direction |
the direction from which eighty percent of the energy contained in the wind fows. |
| Drug paraphernalia | as defned in California Health and Safety Code sections 11014.5 and 11364.5. "Drug paraphernalia" means all equipment products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance (as defned in California Health and Safety Code Section 11054 et seq.) in violation of the California Uniform Controlled Substances Act, commencing with California Health and Safety Code Section 11000. |
| Dwelling | a building, or portion of a building, containing one or more dwelling units, as defned within this section. |
| Dwelling unit | a room or suite of rooms designed for or used as a single residence and constituting a separate and independent housekeeping unit including kitchen or cooking facilities, but not including a boardinghouse or a club, or a hotel or motel where less than twenty percent of the rental units have a kitchen or cooking facilities. |
| A | |
|---|---|
| Dwelling unit, accessory |
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing |
| primary residence or constructed concurrently with a primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. |
|
| --- | --- |
| Dwelling unit, junior accessory |
means a unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. |
| Dwelling unit, multiple |
a building containing two or more dwelling units, or a hotel or motel in which twenty percent or more of the rental units contain a kitchen or kitchenette. |
| Dwelling Unit, Urban |
including but not limited to: two-unit residential projects within a single-family residential zone district, excluding accessory dwelling units; and development occurring as a result of a small-lot subdivisions authorized under state law. An urban dwelling unit is a residential unit or group of units located on a qualifying parcel zoned for single-family or multi-family residential use, subject to ministerial approval and in compliance with all applicable objective standards set forth in this Title. |
| Dwelling, single- family |
a dwelling containing exclusively a single dwelling unit. |
| E | |
| Election period | means that period of time which begins ninety (90) days before a special, general, municipal, or primary election in which at least some registered voters in the city are eligible to vote, and ends ten (10) days after such election. |
| Electronic smoking product and/or device |
(also known as "electronic cigarette," "e-cigarette," "electronic nicotine delivery system," "e-cigar," "e-cigarillo," "e-pipe," "e-hookah," "hookah pen," "vape pen" etc.) is a battery operated device used to inhale a aerosolized or vaporized substance that frequently, though not always, contains nicotine. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device. The sale of electronic smoking products and devices are hereby regulated by the Victorville Municipal Code in the same manner as tobacco product and paraphernalia sales. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defned in the Federal Food, Drug, and Cosmetic Act. |
| Electronic submittal | means the utilization of one or more of either e-mail, the internet or facsimile. |
| Eligible Support Structure |
means any support structure, wireless tower, or base station currently being utilized as a WCF in accordance with the provisions of the "Wireless Communications Facilities" section of the Development Code at the time any application or permit is submitted under the provisions of said Development Code Section. This defnition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16, Article 24, of the Development Code. |
| Emergency shelter | housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. |
| --- | --- |
| Encroachment | the advance or infringement of uses, plant growth, fll, excavation, buildings, permanent structures or development into a foodplain which may impede or alter the fow capacity of a foodplain. |
| Engineering geologist |
an engineering geologist registered by the State and capable of applying the geological science of engineering practices for the purpose of assuring that the geological features afecting the location, design, construction, operation and maintenance of engineering works are recognized and adequately provided for. |
| Established Place of Business |
is a fxed place, location, or building, owned or leased by the person who uses such place, location, or building as his/her permanent place of business. |
| Existing grade | the vertical location of the existing ground surface before excavating or flling. |
| Existing manufactured home park or subdivision |
means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be afxed (including, at a minimum, the installation of utilities, the construction of streets, and either fnal site grading or the pouring of concrete pads) is completed before the efective date of the foodplain management regulations adopted by the City. |
| Expansion to an existing manufactured home park or subdivision |
the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be afxed (including the installation of utilities, the construction of streets, and either fnal site grading or the pouring of concrete pads). |
| Expansive soil | soil with an expansion of four percent or more with a sixty pound per square foot load applied under standard test methods as set forth by the Building Ofcial. |
| F | |
| Fence | a barrier constructed mainly from wood or metal products which is used as a boundary or means of protection or confnement. |
| Fence, visibility | a fence, excluding chain link fencing, that allows visibility through its barrier, and does not restrict or block visibility out of or into the premise. |
| A | |
|---|---|
| Final map | a map designed to be placed on record in the ofce of the County Recorder and prepared in accordance with the provisions of this Title and the Subdivision Map Act of the State, and conforming more specifcally to the requirements of this Title and the Subdivision Map Act for a subdivision map creating fve or more parcels, fve or more condominiums as defned in Section 783 of the Civil Code, or a community apartment project containing fve or more parcels, except where: |
| (a) The land before division contains less than fve acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; |
|
| (b) Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; |
|
| (c) The land consists of a parcel or parcels of land having approved access to public street or highway which comprises part of a tract of land zoned for industrial or commercial development and which has the approval of the governing body as to street alignments and widths; or |
|
| --- | --- |
| (d) Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section. |
|
| A parcel map shall be required for those subdivisions described in subsections (a), (b), (c) and (d). |
|
| Financial Institution | an establishment, facility or institution primarily involved in fnancial transactions such as the custody, deposit, investment, loan, exchange or issuance of money. These fnancial institutions, traditionally known as banks or credit unions, shall be registered with, and regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission. Money Service businesses such as, but not limited to, payday loans, check cashing, title loans or money transmitters not registered with, and regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission, shall not be considered Financial Institutions within the city of Victorville. |
| Fire chief | the City of Victorville Fire Chief. |
| Fire Code Ofcial | Fire Chief, or Building Ofcial when authorized by this Title. |
| Flood boundary and foodway map (FBFM) |
the ofcial map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special food hazards and the foodway. |
| Flood hazard boundary map |
the ofcial map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of food hazards. |
| Flood insurance rate map (FIRM) |
the ofcial map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special food hazards and the risk premium zones applicable to the city. |
| Flood insurance study |
the ofcial report provided by the Federal Insurance Administration that includes food profles, the food insurance rate map, the food boundary and foodway map, and the water surface elevation of the base food. |
| Flood, fooding, or food water |
(1) A general and temporary condition of partial or complete inundation of normally dry land areas from the overfow of inland or tidal waters; the unusual and rapid accumulation or runof of surface waters from any source, and/or mudslides (i.e. mudfows); and |
| (2) The condition resulting from food-related erosion. | |
| Floodplain administrator |
the individual appointed to administer and enforce the foodplain management regulations. |
| Floodplain management |
the operation of an overall program of corrective and preventive measures for reducing food damage and preserving and enhancing, where possible, natural resources in the |
| foodplain, including but not limited to emergency preparedness plans, food control works, foodplain management regulations and open space plans. |
|
| --- | --- |
| Floodplain management regulations |
this Chapter and other zoning ordinances, subdivision regulations, Building Codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control development in food-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing food loss and damage. |
| Floodplain or food- prone area |
any land area susceptible to being inundated by water from any source. |
| Floodproofng | any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate food damage to real estate or improved real property, water and sanitary facilities, structures and their contents. |
| Floodway | the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base food without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory foodway." |
| Floodway fringe | the area of the foodplain on either side of the "regulatory foodway" where encroachment may be permitted. |
| Floor Area Ratio (FAR) |
a measure of non-residential development intensity. FAR is the ratio of the gross foor area of a building to the gross area of its site. For example, a multi-story building with a total foor area of one hundred thousand (100,000) square feet on a ffty thousand (50,000) square foot lot will have a FAR of 2.0. For the purpose of FAR calculation, a mezzanine as defned by Section 505 of the California Building Code shall not be considered foor area. The following are examples of how a building with a total foor area of 100,000 sq. ft. can be confgured on a 50,000 sq. ft. lot to achieve a FAR of 2.0: |
| A | |
|---|---|
| Food | means any item provided in Health and Safety Code Section 113781, or any successor section, and includes any type of raw, cooked, or processed edible substance, including any food product or beverage. |
| Food Truck | means a Mobile Vending Vehicle or motor vehicle-towed trailer located upon a street and going from place to place or that is operating on private property from a fxed location with an approved a Temporary Use Permit, which is engaged in vending where Food is cooked and/or prepared to order and is served to walk-up customers. |
| Fraud and victimization |
as related to Section 15.20.160, Nature of variances, of this Chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for ffty to one hundred years. Buildings that are permitted to be constructed below the base food elevation are subject during all those years to increased risk of damage from foods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and sufering that those increased food damages bring. In addition, future owners may purchase the property unaware that it is subject to potential food damage, and can be insured only at very high food insurance rates. |
| --- | --- |
| Freeway | a thoroughfare designed for through trafc with no crossings at grade or access from abutting property, and which provides movement of trafc in opposite directions on either side of a dividing strip, and as further defned in Section 23.5 of general provisions of the Street and Highways Code of the State. |
| Frontage road | a street which is approximately parallel to and adjacent to a major thoroughfare, freeway, railroad or other facility to which access is limited, and which provides access to abutting properties, and protection from through and fast trafc. |
| Frontage, Primary | the narrowest portion of a lot abutting a public street or as specifed by the Zoning Administrator when referring to a corner lot as defned in Section 18.04.430. |
| Frontage, Secondary |
any portion of a lot other than the primary frontage abutting a public street. |
| Functionally dependent use |
a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. |
| G | |
| Galleria | a collection of retail shops housed within a larger, previously single tenant building, each occupying their own distinct space and fully or partially enclosed by permanent walls, with a minimum shop size of 350 square feet within a minimum 20,000 square foot building. Notwithstanding, up to 25% of the total number of shops may be a minimum of 250 square feet in area. |
| Garage, private | a fully enclosed accessory building or a fully enclosed accessory portion of the main building designed and/or used for the shelter or storage of vehicles of the occupants of the main building. |
| General plan | the City of Victorville General Plan. |
| Governing body | is the City of Victorville body who is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of the citizenry. |
| Grade | the degree of inclination of a slope; or, the elevation of a fnished surface of the ground, paving or sidewalk. |
| --- | --- |
| Groundcover | a combination of low-lying live vegetation where upon vegetation maturity achieves 100% soil coverage, non-plastic/nylon artifcial turf with a minimum length (pile height) of 1¼ inches or decorative rock a minimum of 3-inches in depth used to achieve 100% soil coverage. |
| Guest house | a detached accessory building containing living quarters for use by temporary guests of the occupant of the dwelling on the same premises, which contains no kitchen or cooking facilities and is not rented or otherwise used as a dwelling unit. |
| H | |
| Hardship | as related to Section 15.20.160, Nature of variances, of this Chapter means the exceptional hardship that would result from a failure to grant the requested variance. The City requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or fnancial hardship alone is not exceptional. Inconvenience, aesthetic consideration, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive or requires the property owner to build elsewhere or put the parcel to a diferent use than originally intended. |
| Health Department | means the San Bernardino County Department of Environmental Health. |
| Hedge | a series of plants, shrubs or other landscape material, so placed as to form a physical barrier or enclosure. |
| Highest adjacent grade |
the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. |
| Hillside | a slope greater than ten horizontal to one vertical. |
| Historic structure | any structure that is: |
| (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; |
|
| A | |
|---|---|
| (2) Certifed or preliminarily determined by the Secretary of the Interior as contributing to the historical signifcance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district; |
|
| (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or |
|
| (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certifed either by an approved State program as |
|
| determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs. |
|
| --- | --- |
| Homeless shelter facility |
a facility that provides immediate and short term temporary accommodations with possible support services for persons and/or families who lack a fxed, regular and adequate nighttime residence. |
| Horizontal Mixed- use |
development pattern characterized by a variety of land uses (commercial, residential, ofce) in close proximity with each other to promote walkability and interactive neighborhoods. |
| Hospital | a building to which persons are admitted for overnight stay or longer for the diagnosis or care or treatment of human illness or the prevention thereof, including convalescent home, sanitarium, nursing home, maternity home. |
| Hot tub | See defnition of spa, non self-contained" and "spa, self-contained." |
| Hotel | a building or group of buildings of rental bedrooms or suites, generally without individual cooking facilities, where overnight lodging is ofered to the public for compensation primarily for the accommodation of transient guests. A hotel in which twenty percent or more of the rental units contain a kitchen or kitchenette shall be subject to all regulations of this Title governing a multiple dwelling unless approved as a Conditional Uses. |
| Hydroponic store | means any business whose primary sales consist of product and apparatus used for growing plants without soil or in a non-soil medium such as water or other nutrient rich solutions; with or without an inert medium (i.e. gravel, perlite, etc.), and/or controlled conditions of light, temperature, and humidity. For the purpose of this Title, hydroponic stores also include businesses whose sales include grow lights (i.e. plant lights), artifcial light sources, and other supplies typically used for hydroponics as the primary use. Hydroponics stores are also synonymous with aeroponics, aquaculture, fogponics, etc. |
| i | |
| Ice Cream Truck | a Mobile Vending Vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under twelve (12) years of age as described in California Vehicle Code Section 22456. |
| Improvement plan | a plan showing the location and construction detail of streets, roads, drainage facilities, sanitary sewers and structures, water systems and other improvements for a subdivision both within and outside the boundary thereof. |
| In-ground pool | See defnition of "swimming pool." |
| Inoperable Motor Vehicle |
any vehicle which cannot be legally operated on the street because the vehicle: (a) lacks an engine, transmission, wheels, tires, doors, windshield or any other part or equipment necessary to operate the vehicle safely, or (b) cannot be operated under its own power, or (c) lacks current registration. |
| Internet café | an establishment that provides four (4) or more computers and/or other electronic devices, for access to that system commonly referred to as the "internet", E-mail, playing video games over the internet, sweepstakes, and/or access to other computer software programs, to the public for compensation and for public access. Internet Café is also synonymous with PC Café, Cyber Café, Cyber Centers, Sweepstakes Cafés, Gambling Arcades, etc. Those facilities provided by colleges, government agencies, hotels, schools, social services, or included as an amenity within a multi-family development shall not be considered an Internet Café for the purpose of this Title. |
| --- | --- |
| J | |
| Junk | any cast-of, damaged, discarded, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material including, but not limited to, those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fber, glass, plaster, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, trimmings from plants or trees, cans, bottles and barrels. |
| K | |
| Kennel | any lot or premises on which fve or more pets over four months old are kept for boarding, breeding or training. |
| Kitchen | any room all or part of which is intended for and permanently afxed with facilities for cooking and the preparation of food. |
| L | |
| Labor camp | premises used for residential purposes for temporary or seasonal periods by fve or more unrelated persons or families employed to perform agricultural or industrial labor. |
| Landscaping | the arrangement or combination of live vegetation consisting of planted trees, shrubs, vines and ground cover used to achieve one hundred (100) percent soil coverage. |
| Legislative body | the City Council of the City of Victorville. |
| A | |
|---|---|
| Levee | a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the fow of water so as to provide protection from temporary fooding. |
| Levee system | means a food protection system which consists of a levee, or levees, and associated structures such as closure and drainage devices which are constructed and operated in accordance with sound engineering practices. |
| Licensee | a person, or corporation who sought and holds a city business license and is the primary person or entity responsible to the business. |
| Loading space | an of-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 while loading or unloading |
| merchandise or materials and which abuts upon a street, alley or other appropriate means of access. |
|
| --- | --- |
| Lodging or rooming house |
a building having no more than six guest rooms with two persons per room where lodging is provided for compensation. |
| Lot | a parcel of real property which is either: (1) shown with a separate and distinct number or designation on a plat recorded in the ofce of the recorder of the county; (2) delineated upon a record of survey, lot split or subparceling map approved pursuant to this Code; or (3) containing an area not less than required for the district in which it is located and abutting a public street or having access to a public street in the form of an easement of record or an easement established by judgment of a court of competent jurisdiction. |
| Lot area | the square footage of land area contained within the property lines of the lot. |
| Lot coverage | wherever the district regulations specify a maximum allowable percentage of lot coverage, the calculation shall be made by including as coverage the area at ground level of all roofed buildings on the lot, excluding architectural and other features described in this Title and excluding any underground structure or that part of any such structure which extends less than eighteen inches above the natural ground level. The area beneath a roof over a patio used solely as an outdoor living area shall not be included as coverage if the unenclosed and unscreened sides equal or exceed in length forty percent of the whole perimeter of such area. |
| Lot depth | the horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines. |
| Lot line | any of the boundary lines of a lot. A street lot line is the lot line abutting a street. Either street lot line of a corner lot may be designated by the Zoning Administrator to be the front lot line. A through lot has two front lot lines. The lot line or lines generally opposite the front lot line constitute the rear lot line. All other lot lines are side lot lines. When two or more lots are combined into one building site, the boundary lines of the building site shall be deemed to be lot lines. |
| Lot median | a line any point on which is equidistant from the side lot lines measured along lines drawn perpendicular to the side lot lines from the median. |
| Lot merger | the combining of contiguous parcels or units of land into a single parcel or unit. |
| Lot width | the horizontal distance between the side lot lines, measured along the line parallel to the front lot line and distant therefrom by a distance equal to the required depth of front yard on the lot. |
| Lot width, efective | the distance between side lot lines, or side lot lines extended, measured perpendicular to the median at the point of intersection of the median and the front lot line. |
| Lot, corner | a lot at the intersection of two street lines which intersect at an angle not greater than one hundred degrees. |
| Lot, interior | a lot other than a corner lot or reversed corner lot. |
| --- | --- |
| Lot, key | a lot, the sides of which adjoin the rear line of one or more adjoining lots. |
| Lot, reversed corner | a corner lot, the side street line of which is substantially a continuation of the front line of the lot to its rear. |
| Lot, small tract | a single-family residential lot, within a recorded tract map, consisting of lots zoned for less than one-half acre in size, excluding ½ acre or larger sized lots within the R-1 initiative areas. |
| Lot, through | a lot having frontage on two parallel or approximately parallel streets. The design of through lots shall be avoided. |
| Lowest foor | the lowest foor of the lowest enclosed area, including basement. An unfnished or food resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest foor, provided it conforms to applicable nonelevation design requirements of this Code. |
| For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below grade garages and storage areas. |
|
| M | |
| Mall | a retail shopping area consisting of a group of buildings containing at least one major anchor tenant and a variety of shops surrounding an open concourse reserved for pedestrian trafc. |
| Manufactured home | a structure, transportable in one or more Sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." |
| Manufactured home park or subdivision |
a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. |
| A | |
|---|---|
| Manufactured home park or subdivision, new |
a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be afxed (including at a minimum, the installation of utilities, the construction of streets and either fnal site grading or the pouring of concrete pads) is completed on or after the efective date of foodplain management regulations adopted by the City. |
| Massage establishment |
a fxed location where massage is performed for compensation, excluding those locations where massage is only provided on an out-call basis. |
| Massage technician | means a person who is certifed by the California Massage Therapy Council and who administers massage for compensation, including massage practitioners and massage therapists as defned by California Massage Therapy Council. |
| Mean sea level | For the purpose of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base food elevations shown on a community's food insurance rate map are referenced. |
| --- | --- |
| Ministerial Approval | the review and/or approval of a residential project subject to objective standards that does not require the exercise of judgement or deliberation by the approval authority. |
| Mobile home | a vehicle other than a motor vehicle, designed and equipped to contain one or more dwelling units to be used without a permanent foundation and which is in excess of eight feet in width or in excess of forty feet in length. |
| Mobile home park | any premises where space is rented or ofered for rent to two or more owners or users of mobile homes. |
| Mobile Vehicle Vendor |
means any individual or entity who sells and makes immediate delivery, or ofers for sale and immediate delivery, any food, beverages, goods, wares, or merchandise from a Mobile Vending Vehicle, including employees of Mobile Vehicle Vendors. |
| Mobile Vehicle Vendor License |
means the City business license required to be obtained by Mobile Vehicle Vendors as set forth in this Title. |
| Mobile Vending Vehicle |
any vehicle or motor vehicle, as those terms are defned in California Vehicle Code Sections 670 and 415 respectively, upon which food, beverages, goods, wares, or merchandise are sold, ofered for sale, or distributed on any public street, alley, or private property. The term includes, without limitation, catering trucks, certain mobile food facilities and temporary food facilities, as well as Ice Cream Trucks and Food Trucks as defned in this Section; however, additional specifc regulations apply to Ice Cream Trucks and Food Trucks as set forth in this Title. |
| Money service | businesses not considered fnancial institutions such as, but not limited to, payday loans, check cashing, title loans, automobile title loans, or money transmitters not registered with, and regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission. |
| Motel | a building or group of buildings containing individual sleeping units, designed for or used temporarily by tourists or transients, the operator of which is required by the Health and Safety Code of the State to record the license number of each patron's vehicle. A motel in which twenty percent or more of the rental units contain a kitchen or kitchenette is subject to all regulations of this Title governing a multiple dwelling unless approved pursuant to this Title. |
| Mudslide (i.e. mudfow) |
describes a condition where there is a river, fow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain. |
| Mudslide (i.e. mudfow) prone area |
an area with land surfaces and slopes of unconsolidated material where the history, geology and climate indicate a potential for mudfow. |
| N | |
| Nameplate | a sign afxed against the wall of a dwelling which serves exclusively to designate the name, or the name and occupation, of a person residing therein. |
| --- | --- |
| New construction | for foodplain management purposes, means structures for which the "start of construction" commenced on or after the efective date of foodplain management regulations adopted by the City, and includes any subsequent improvements to such structures. |
| Noncommercial message |
means a constitutionally protected message that addresses topics of public concern or controversy but is not advertising for hire and does not promote or advertise any business, product, activity, service, interest, establishment, location or entertainment. Such messages typically relate to debatable matters of public concern, such as, by way of example and not limitation, advocacy on politics, religion, arts, science, philosophy, commentary on governmental policy, etc. |
| Noncommercial sign |
means a sign which solely contains a noncommercial message. |
| Nonconforming | a building, structure, site or sign, or portion thereof, or use of such which does not conform to the regulations of this Title, and which lawfully existed at the time the regulations with which it does not conform became efective. |
| Non-fxed place of business |
any profession, trade or occupation not having a fxed place of business. |
| Nuisance | an act or omission that obstructs, damages, or inconveniences the rights of the community. The term "public nuisance" covers a wide variety of acts, omissions, or conditions that threaten the health, morals, safety, comfort, convenience, or welfare of a community. A nuisance is a thing, act, occupation or use of property which does any of the following: |
| A | |
|---|---|
| (a) Annoys, injures or endangers the safety, health, comfort or repose of the public; | |
| (b) Unlawfully interferes with, obstructs or tends to obstruct or render dangerous for passage a public park, square, street, alley or highway; |
|
| (c) In any way renders the public insecure in life or in use of property. | |
| O | |
| Objective Standards | one or more standards that do not involve personal or subjective judgment by a public ofcial and are uniformly verifable by reference to an external, uniform benchmark or criterion, including, but not limited to, development standards, subdivision standards, and design standards. |
| Obstruction | includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fll, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction |
| and/or velocity of the fow of water, or due to its location, its propensity to snare or collect debris carried by the fow of water, or its likelihood of being carried downstream. |
|
| --- | --- |
| Ofce building | a building in which the majority of square footage that, by virtue of its design, is used or intended for use to provide a service and does not involve the retail sales of wares. |
| One-hundred- year food" or "100- year food" |
see "Base food". |
| Open Space, Common |
an area of unimproved or improved land or water designated for the public or the occupants of a development. Common Open Space may be utilized for either passive or active recreational purposes for the use and enjoyment of residents. Common open space includes common recreation facilities, open landscaped areas, preserved land with unique natural value and greenbelts, and excludes streets, drive aisles, driveways, parking lots (unless supporting an amenity) and other similar pavement areas, parkways, and landscaping within a public right-of-way (unless in separate easement). Drainage basins, drainage corridors and utility corridors may not be utilized as common open space unless they incorporate a usable community amenity (e.g. park, trail system, etc.), or a unique natural aesthetic beneft. |
| Overspeed control | a mechanism used to limit the speed of blade rotation to below the design limits of the WECS. |
| P | |
| Parcel map | a map designed to be placed on record in the ofce of the County Recorder and prepared in accordance with the provisions of this Title and the Subdivision Map Act pertaining to parcel maps. A parcel map is required for subdivisions for which a fnal map, as defned in Section 17.08.110 of this Chapter, and as set forth in the Subdivision Map Act, is not required, except as set forth in Section 17.36.010 of this Title. |
| Parking lot | an of-street open area, the principal use of which is to provide space for the parking of passenger automobiles. |
| Parking space, automobile |
space within a public or private parking area or a building for the temporary parking or storage of one automobile. |
| Path | a way designed for use by pedestrians, animals and cyclists and not intended for use as a way for motor-driven vehicular trafc. |
| Pawnshop | means any business whose primary operations include lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fxed price within a fxed period of time. This defnition shall also include businesses that purchase tangible personal property such as precious metals with the intent to resell items in bulk and/or deconstructed, establishments known variously as gold buying, gold exchange, etc., as determined by the Zoning Administrator. |
| Peddler | every person not having fxed place of business in the City who travels from place to place or has a stand upon any public street, alley or other public place, doorway of any building, unenclosed or vacant lot or parcel of land, who sells or ofers for sale at retail any goods, wares or merchandise in his possession. |
| --- | --- |
| Pedestrian Path | means a paved path or paved walkway, other than a sidewalk, that is owned by the City or another public entity and is specifcally designed for pedestrian travel. The term Pedestrian Path shall not include any private property or areas not traditionally used or designated for pedestrian travel, such as bike-paths, streets, driveways, and public parking lots. |
| Person | means any natural person, partnership, cooperative association, corporation, joint venture, limited liability company, personal representative, receiver, trustee, assignee, or any other legal entity or combination of the foregoing acting as a single unit. |
| Planning Director | the City Manager or his/her designee. |
| Poles, overhead wires and associated overhead structures |
means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service. |
| Police Department and Chief of Police |
shall mean respectively, the agency which performs the appropriate law enforcement function for the City and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for, or within, the City. |
| Preliminary plan | describes and outlines existing conditions of a site and its proposed development thereof and is for the purpose of informal review. |
| A | |
|---|---|
| Premises | means the actual space in a building or site devoted to a particular use. |
| Proprietor | means a person with an ownership or managerial interest in a business. An "ownership interest" shall be found to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A "managerial interest" shall be found to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business. |
| Public safety and nuisance |
as related to the nature of variances of this Title means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or base. |
| Public utility distribution line |
a line which is intended solely for the distribution of electricity, natural gas, water or communications to public and private uses. |
| Public utility transmission line |
a line which is intended solely for the transmission of electricity, natural gas, water or communications between utility distribution facilities. |
| Public way | any street, alley or path as defned in this Chapter, which is dedicated to public use or owned by the City. |
| --- | --- |
| R | |
| Recreational living space |
any open space for relaxation, recreation and visual pleasure in the form of private or common area, the smallest dimension of which is at least 7 feet, which does not exceed a ground slope of ten percent, and which is not used as storage or for the movement of motor vehicles. Balconies, porches or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas. |
| Recreational living space calculation |
the calculations for the recreational living space per dwelling unit shall be made by fnding the remainder, after deducting from the total of the building site: |
| (a) All areas included as lot coverage excepting recreational buildings; | |
| (b) All open areas used to provide parking spaces or to provide access to any parking space; |
|
| (c) Any remaining areas having a ground slope in excess of ten percent. | |
| Recreational living space, Common |
shall be accessible to all the occupants of all the dwelling units. Each common recreational living space shall have a minimum dimension of ten feet in any one direction, which does not exceed a ground slope of ten percent, and which is not used as storage or for the movement of motor vehicles. Pools, putting greens, shufeboard courts and similar open- type recreational facilities may be included as common recreational living space. Recreational buildings may be included within the common outdoor recreational living space. |
| Recreational living space, Private |
is for the individual use of the occupants within a dwelling unit and shall be contiguous to the unit served. Private recreational living space for dwelling units located on the ground foor shall have a minimum dimension of ten feet in any one direction. Private recreational living space for dwelling units located above the frst foor may be provided in the form of open balconies or recessed open areas, with a minimum dimension of seven feet. All private recreational living space directly fronting on a public road right-of-way shall be screened by an enclosure with a minimum height of three feet and a maximum not to exceed ffty percent of the height from the ground to any roof structure. |
| Recreational vehicle | a motorhome, camping and/or travel trailer including a ffth wheel, camper, boat, personal watercraft, of-highway vehicle, utility trailer, with or without motive power, and their trailering vehicles, if applicable, designed for outdoor recreational activity and/or operation on public or private property. |
| Recreational vehicle park |
any area or tract of land, within an area zoned for recreational use, where one or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which is occupied for temporary purposes. For the purpose of this Section, "temporary" means a maximum duration of stay of ninety days within any one- year period. |
| Regulatory foodway |
the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base food without cumulatively increasing the water surface elevation more than one foot. |
| --- | --- |
| Relocation agreement (billboard) |
an agreement entered into between the City and a Billboard owner to relocate or replace an existing Billboard to another property or reconstruct it on the same property. Reconstruction may also include converting a static Billboard to Digital Display. |
| Remedy a violation | to bring the structure or other development into compliance with state or local foodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other afected development from food damages, implementing the enforcement provisions of this Chapter or otherwise deterring future similar violations, or reducing state or federal fnancial exposure with regard to the structure or other development. |
| Residential | means any area zoned as residential within the City, including without limitation all Residential Districts outlined in Section 16-3.06.010 in Title 16 of this Code and the residentially designated areas of specifc plan zoning districts within the City. |
| A | |
|---|---|
| Residential, group or community care facility |
any facility, place or building that is maintained and operated to provide residential care for six or fewer people as defned, regulated, and licensed by state law; including but not limited to the physically handicapped, mentally impaired, incompetent persons, abused or neglected children and the elderly. Community Care Facilities include but are not limited to the following: residential facility, adult day care facility, therapeutic day services facility, foster family agency, foster family home, small family home, social rehabilitation facility, community treatment facility, full service adoption agency, noncustodial adoption agency, and transitional shelter care facility. Any of these facilities in a single-family zoning district shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone if required by state law. |
| Responsible Person | the owner of record of real property, any occupant, agent, custodian, lessee, manager, user, or interested holder in property or premises, or any other person determined to have caused, committed, or permitted a violation of the Municipal Code and/or applicable statute, rule, code or regulation or a public nuisance. |
| Restaurant | means a bona fde eating place whose predominant function is the service of food and where alcoholic beverage sales are incidental. Incidental in this context means a restaurant with alcohol sales totaling less than twenty-fve percent of all gross sales. |
| Rest home | a building, other than a hospital as defned by this Title, which is used to provide, under the supervision of a licensing agency of the State, living quarters and nonmedical care of one or more aged or infrm persons, and not involving residence on the premises of either a trained nurse or a physician. |
| Riverine | relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. |
| Roaming Sidewalk Vendor |
means a Sidewalk Vendor who moves from place to place and stops only to complete a transaction. |
| S | |
| --- | --- |
| School, home | the educating/instructing of a child or children within a single-family dwelling by an adult resident(s) of the dwelling for purposes of satisfying the compulsory education requirements of the State. |
| School, charter | a public facility as defned by Section 47600 of the Education Code which ofers independent instruction in several branches of high school learning and study which meet the requirements of the compulsory education laws of the State. |
| School, elementary and high |
an institution of learning which ofers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State. High schools include junior and senior. |
| Seller's Permit | means a permit issued by the California Department of Tax and Fee Administration. |
| Separation fence | a barrier that separates all doors of a dwelling unit with direct access to a swimming pool from the swimming pool. |
| Setback | a setback is a required distance between a property line and a structure or building. |
| Setback, Front Yard | the area which defnes the depth of the required front yard. The prescribed front yard setback shall be measured perpendicularly from the front property line. Refer to Yard defnition for useable area measurements. |
| Setback, Rear Yard | the area that defnes the depth of the required rear yard. The prescribed rear yard setback shall be measured perpendicularly from the rear property line. Refer to Yard defnition for useable area measurements. |
| Setback, Side Yard | the area that defnes the width of a required side yard. The prescribed side yard setback shall be measured perpendicularly from the interior or street side property line. Refer to Yard defnition for useable area measurements. |
| Setback line | that line established by ordinance beyond which no building or any other structure may be erected or constructed except as permitted by this Title. |
| Sheet fow area | see "Area of shallow fooding." |
| Shopping Cart | means a basket which is mounted on wheels or a similar device generally used in a dry- cleaning, laundry, grocery, or retail establishment by a customer or an attendant for the purpose of transporting fabric, goods or supplies of any kind. This defnition shall also pertain to a basket commonly referred to as a "Laundry Cart." |
| Shopping center | a group of commercial establishments planned, developed, owned or managed as a unit related in location, size and type of shops to the trade area that the unit serves; providing on-site parking in defnite relationship to the types and sizes of stores. |
| Sidewalk | means that paved portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation specifcally designed for pedestrian travel and that is owned by the City or other public entity. |
| --- | --- |
| Sidewalk Vendor | means a person who sells tangible goods such as food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public Sidewalk or a Pedestrian Path. The term Sidewalk Vendor includes both a Roaming Sidewalk Vendor and a Stationary Sidewalk Vendor. |
| Sidewalk Vendor Activity or Sidewalk Vending Activity |
means actions that qualify a person as a Sidewalk Vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any Sidewalk Vendor Cart. |
| Sidewalk Vendor License |
means the City business license required to be obtained by all Sidewalk Vendors as set forth in this Title. |
| A | |
|---|---|
| Sign | any material, structure or device, or part thereof, composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including window display area for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, futtering devices, projection signs or ground signs and shall also include any announcement, declaration, demonstration display, illustration or insignia used to advertise or promote the interest of any person or business when the same is placed in view of the general public. |
| Sign area | Includes the entire area within any type of perimeter or border which encloses the outer limits of any writing, representation, emblem, fgure or character. The area of the sign having no such perimeter or border shall be computed by enclosing the entire area utilized by any writing, representation, emblem, fgure or character within a single continuous rectilinear perimeter of the smallest size and computing the area. The area computed shall be the maximal portion or portions which may be viewed from any one direction excepting freestanding signs. The support uprights or structure on which any such sign is supported shall not be included in determining the sign area. |
| Sign structure | a structural part of a building and/or parts ftted or jointed together as a framework, which supports or is intended to support a sign. |
| Sign, advertising | the outdoor display of any device, statuary, symbol, billboard or structure of any kind, or any lettered, fgured, printed or pictorial matter on any premises for the purpose of promoting anyone or anything whatsoever; except a nameplate, an identifying sign, a sale or lease sign or a business sign as these are defned by this Title, and except any signs excluded by this Title. |
| Sign, animated | refers to signs that rotate, move, glare, fash, blink or appear to do any of these things, excepting barber poles. Animated signs shall be integrally related to the design and/or theme of the business or shopping center being advertised. A Digital Display billboard developed as part of a Relocated Billboard, or as pursuant to Section 16-3.22.190, shall not be considered an animated sign. |
| Signs, banner, fag or pennant |
any cloth bunting, plastic, paper or similar material used for advertising purposes attached to, appended on or from any structure, stall, pole, lines, framing or vehicle. |
| --- | --- |
| Sign, billboard | an advertising structure used for of-premises advertising of a product, person, business or message. A billboard shall not mean a monument sign, animated sign, free-standing sign, or any other large sign. |
| Sign, business | a permanent outdoor sign designating the name of the owner or occupant of the business or service facility on the premises, or identifying the said business or facility. |
| Sign, canopy or marquee |
a permanent sign attached to or hung from a canopy or marquee but not projecting above the top of the canopy or marquee. |
| Sign, digital display | an electronic advertising display for billboards where the message is changed more than once every two minutes but not more than once every six seconds. |
| Sign, directional | a permanent sign used to direct and control pedestrian or vehicular trafc and located on the same lot or premises as the use which it is intended to serve. |
| Sign, freestanding | a permanent sign placed upon or in the ground and not dependent on any part of a building. |
| Sign, ground or monument or |
a low-profle, freestanding structure as defned in various zone districts. If an earthen berm or grade diferential through the use of retaining walls is used to elevate a monument sign as defned in this Title, said berm or grade diferential shall be no higher than ffty percent of the total height of the monument sign as measured from the base of the berm or retaining wall. A monument or ground sign shall require a building permit. |
| Sign, identifying | a permanent outdoor sign exclusively designating the name or name and use of a public or semipublic building or to inform as to the use of a recreation area, parking area or other open use permitted in the district. |
| Sign, illuminated | a permanent sign giving forth direct artifcial light and shall not refer to any light cast upon a sign from an outside source. A Digital Display billboard developed as part of a Relocated Billboard, or an pursuant to Section 16-3.22.190, shall not be considered an illuminated sign. |
| Sign, lighted | a sign which is illuminated either directly or indirectly by artifcial light. A Digital Display billboard developed as part of a Relocated Billboard, or as pursuant to Section 16- 3.22.190, shall not be considered a lighted sign. |
| Sign, ofsite | a structure of any kind or character erected or maintained for information or advertising purposes of a business activity, use, service or product not sold or produced on the premises upon which the sign is placed, excepting all temporary signs as defned in this Title. |
| Sign, onsite | a structure of any kind or character erected or maintained for information or advertising purposes of a business activity, use, service or product sold or produced on the premises upon which the sign is placed, excepting all temporary signs as defned in this Title. |
| Sign, painted | a permanent sign which is painted on any exterior surface or structure of any kind. |
| --- | --- |
| Sign, parapet | a permanent sign located on a parapet wall and considered a wall sign. |
| A | |
|---|---|
| Sign, permanent | a sign of a non-temporary nature requiring a building permit or a sign permanently fxed in a lawful location. |
| Sign placement area |
a large fat and uninterrupted wall plane of either a primary or secondary façade, not to include windows. |
| Sign, pole | a permanent freestanding sign supported wholly by a pole, post, uprights or braces. |
| Sign, portable | a temporary sign which is capable of being carried or readily moved from one spot to another and which is not permanent in nature. |
| Sign, projecting | any freestanding sign or sign projecting from the face of a building, structure, canopy or marquee or extending into any required yard or setback area. |
| Sign, reader or message board |
a sign containing, in whole or in part, electronic or manual devices allowing for changing copy, text or content. Electric time, temperature, theater marquee signs and/or fueling prices shall not be considered a reader or message board. A Digital Display billboard developed as part of a Relocated Billboard, or as pursuant to Section 16-3.22.190, shall not be considered a reader or message board. |
| Sign, roof | any sign supported by, attached to or projecting through the roof of a building above the parapet wall, the eave of a pitched roof, or any architectural feature (i.e., mansard). |
| Sign, sale or lease | a temporary sign which serves exclusively to indicate with pertinent information the ofer to sell, rent or lease the real property or the building or premises thereon, upon which it is located. |
| Sign, secondary | a sign which advertises goods and/or services provided by a business. |
| Sign, subdivision or group housing project entrance |
a monument sign identifying the name of a subdivision or group housing project consisting of letters or symbols attached to a wall located within the boundaries of a recorded and developed subdivision or group housing project. |
| Sign, subdivision | a temporary sign erected and maintained within the boundaries of a recorded subdivision and indicating the name of the subdivision, the name of the contractor and/or subdivider, the name of the owner and/or agent, and giving information regarding directions, price or terms. |
| Sign, temporary | a sign displayed for a period of time not exceeding thirty days, or as otherwise set by the provisions of this Title. |
| Sign, wall | any sign painted or otherwise marked on or attached parallel to, and not extending in height above the wall or parapet of a building or structure. |
| Sign, window | any sign painted or otherwise marked on or attached parallel to the face of a window or three feet inside of a window of a building or structure. |
| --- | --- |
| Single room occupancy development |
a building(s) or structure(s) containing an individual secure rental residential living unit(s) with communal kitchen(s) or individual cooking facilities and individual or communal bathroom facilities. |
| Site Plan | a detailed plan of development or improvement which shall be reviewed and adopted by the Planning Commission or Zoning Administrator prior to the issuance of a building permit to determine the manner in which the applicant intends to develop his property. |
| Small livestock farming |
the raising or keeping of more than twenty-fve rabbits or twenty-fve similar animals, or more than two goats, sheep and/or similar livestock. The term "small livestock farming" shall not include hog raising, dairying or the raising or keeping for commercial purposes of cats, dogs, horses, mules or similar livestock as determined by the Planning Commission. |
| Small residential rooftop solar energy system |
means all of the following: |
| 1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal. |
|
| 2. A solar energy system that conforms to all applicable state fre, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. |
|
| 3. A solar energy system that is installed on a single or duplex family dwelling. | |
| 4. A solar panel or module array that does not exceed the maximum legal building height as defned by the City of Victorville Municipal Code. |
|
| A solar energy system has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. |
|
| Smoke shop | an establishment that either devotes more than 10 percent of its total foor area to tobacco products, including paraphernalia, or devotes more than a 2 foot depth by 4 foot length section of a single shelf space for display for sale of tobacco paraphernalia. |
| Smoking lounge | a business establishment that is dedicated, in whole or in part, to the smoking of tobacco or other legal substances and vaporizing, including, but not limited to, establishments known variously as cigar lounges, hookah cafes, hookah lounges, tobacco clubs, tobacco bars, vape, vapor cafes, vapor lounges, etc. (collectively referred to as "smoking lounge(s)"). |
| A | |
|---|---|
| Social Service | a use either provided directly or indirectly from the Federal, State and Local government which provides public assistance or services to the disadvantaged, needy, entitled or lawfully obligated members of the community. These services include, but are not limited to welfare, behavioral, rehabilitation or parole services. Public services which do not solely serve the disadvantaged, needy, or lawfully entitled members of community are not considered social services, such as City Hall, court ofces and public safety ofces. For purposes of this Municipal Code, Social Services are considered a government use. |
| --- | --- |
| Soils engineer | a civil engineer duly registered by the State who is experienced in soil mechanics and slope stability analysis. His primary duties are the investigation of proposed grading sites and tracts as related to the stability of the fnished graded product. The soils engineer shall have a laboratory available which performs any and all testing required to properly evaluate materials under consideration. |
| Solicitor | means any person who goes from house to house, from business to business, or otherwise goes upon any private property in the City for the purpose of: (1) taking or attempting to take orders for the sale of goods, merchandise, wares, magazines, or other personal or intangible property of any nature for future delivery, or for services to be performed in the future; or (2) selling or ofering to sell and making immediate delivery of any goods, merchandise, wares, magazines, or other personal property of any nature or services of any kind or description; or (3) requesting money, credit, funds, contributions, personal property or anything of value for a Charity for charitable purposes as defned herein. The term "Solicitor" does not include a licensed Sidewalk Vendor or a licensed Mobile Vehicle Vendor as defned elsewhere in this Title. Sidewalk Vendors are regulated by Chapter 7, Article 12 of this Title and Mobile Vehicle Vendors are regulated by Chapter 7, Article 13 of this Title. |
| Spa, non self- contained |
a hydro massage pool or tub for recreational or therapeutic use, not located in health care facilities, designed for immersion of users and usually having a flter, heater and motor- driven blower. It may be installed indoors or outdoors, on the ground or on a supporting structure, or in the ground or in a supporting structure. A non self-contained spa is intended for recreational bathing and contains water over eighteen inches (four hundred ffty-nine mm) deep. |
| Special Assessment | the special assessment which may be assessed against a parcel of land as authorized by Government Code Section 38773.5 to recover the cost of abatement of a public nuisance incurred by the City of Victorville. |
| Special food hazard area (SFHA) |
an area having special food or mudslide (i.e. mudfow) shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, AH, E, or M. |
| Specifcations | the standard specifcations for public improvements in the City including all amendments thereto. These are specifcations adopted by resolution of the City Council prescribing the design standards, materials and workmanship to be used in subdivision design and construction of improvements and map standards to be applied in the preparation of subdivision maps all pursuant this Title. |
| Stable, private | a detached accessory building for the keeping of horses, burros or mules owned by the occupants of the premises and not for remuneration, hire or sale. |
| Stable, public | a stable other than a private stable for keeping of horses. |
| Start of construction |
includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided the actual start of construction repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the frst placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and flling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the frst alteration of any wall, ceiling, foor or other structural part of a building, whether or not that alteration afects the external dimensions of the building. |
| --- | --- |
| Stationary Sidewalk Vendor |
means a Sidewalk Vendor who Vends from a fxed location. |
| Street | any public or private vehicular thoroughfare with a width of twenty feet or more, which afords a primary means of access to abutting property. |
| Street line | the boundary line between a street and abutting property. |
| Street, arterial | a street designed for the through movement of high vehicular trafc volumes in each direction and which is designated as a major or secondary arterial street on the General Plan of the City. |
| Street, collector | any street which, because of its design and location with reference to other streets and other sources of trafc shall be used to carry trafc from minor streets to a major thoroughfare and which is designated as a collector. |
| A | |
|---|---|
| Street, local | a street intended wholly or principally for access to the abutting property. |
| Street, private | any parcel of land not dedicated to or owned in fee by the City, County or State, and which is used or intended to be used for ingress or egress from a lot or lots which do not have frontage on a public street. |
| Structural alterations |
Any change to the supporting members of a structure such as the bearing walls or partitions, columns, beams or girders. |
| Structure | anything constructed or built, an edifce or building of any kind, or any piece of work artifcially built up or composed of parts joined together in some defnite manner. |
| Subdivider | a person, as defned by this Title, that proposes to divide, divides or causes to be divided, real property into a subdivision for himself or for others. |
| Subdivision | the division of any improved or unimproved land shown on the last equalized county assessment roll as a unit or as contiguous units for the purpose of sale, lease or fnancing, |
| whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project as defned in Section 1350 of the Civil Code or a community apartment project as defned in Section 11004 of the Business and Professions Code. Any conveyance of land to the governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. |
|
| --- | --- |
| Subdivision, commercial |
a subdivision in which the primary use of the land is commercial as defned by this Title, and which such other uses may be permitted as are clearly incidental to the commercial development. |
| Subdivision, industrial |
a subdivision in which the primary use of the land is industrial as defned by this Title, and in which such other uses may be permitted as are clearly incidental to the industrial development. |
| Subdivision, Urban | a subdivision of land that qualifes for streamlined, ministerial approval and is subject to applicable objective standards. For the purposes of this Code, urban lot splits and certain small-lot subdivisions are considered urban subdivisions when consistent with the criteria and procedures established within this Title. |
| Subdivision, residential |
a subdivision in which the primary use of the land is residential as defned by this Title, and in which such uses may be permitted as are clearly incidental to residential development. |
| Substantial Change | any modifcation that substantially changes the physical dimensions of an eligible support structure as described in 47 CFR section 1.40001(b)(7). This defnition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16,Article 24, of the Development Code. |
| Substantial damage | damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed ffty percent of the market value of the structure before the damage occurred. |
| Substantial improvement |
any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds ffty percent of the market value of the structure before the start of construction of the improvements. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: |
| (1) Any project for improvement of a structure to correct existing violations or State or local health, sanitary or safety code specifcations which have been identifed by the local code enforcement ofcial and which are the minimum necessary to assure safe living conditions; or |
|
| (2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. |
|
| Supportive housing | housing with no limit on length of stay, that is occupied by persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or |
| other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people; and that is linked to an onsite or ofsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. |
|
| --- | --- |
| Support Structure | means any structure (whether built for wireless purposes or not) that supports transmission equipment. This defnition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16,Article 24, of the Development Code. |
| Swap Meet | means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that Chapter, or any successor Chapter. Also means a grouping of vendor spaces located outside or within a permanent structure. The vendor spaces within a swap meet are typically smaller than 350 square feet in size and lack permanent enclosure walls. |
| A | |
|---|---|
| Swept area | the largest area of the WECS which extracts energy from the wind stream. In a conventional propeller-type WECS there is a direct relationship between swept area and the rotor diameter. |
| Swimming pool | any structure intended for swimming or recreational bathing that contains water over eighteen inches (four hundred ffty-nine mm) deep. This includes in-ground, above-ground and on-ground swimming pools and fxed-in-place wading pools. |
| Swimming pool, indoor |
a swimming pool that is totally contained within a residential structure and surrounded on all four sides by walls of said structure. |
| Swimming pool, outdoor |
any swimming pool that is not an indoor pool. |
| T | |
| Temporary Special Permit |
means a permit, other than a Sidewalk Vendor License, issued by the City for the temporary use of or encroachment on, the Sidewalk or other public area, including without limitation, an encroachment permit, a special event permit, a temporary event or similar permit, for purposes such as commercial flming, and City or privately sponsored parades, street fairs, outdoor concerts, festivals, and carnivals. |
| Tenant or Occupant | applied to a building, dwelling, structure or land shall include any person, business or entity who lawfully occupies the whole or part of such building, dwelling, structure or land, whether alone or with others. |
| Tentative map | a map conforming to this Title and the provisions of the Subdivision Map Act pertaining to tentative maps. The purpose of the tentative map is to show the design of a proposed subdivision and the existing conditions around it. Failure to comply with the requirements |
| for tentative maps as set forth in this Title and the Subdivision Map Act will result in rejection of the map for fling. |
|
| --- | --- |
| Thrift retail store | a retail store and related donation facility engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, including furniture, fxtures, and small household appliances, and the collection of those goods for resale. "Thrift retail store" excludes the sale of large household appliances such as refrigerators or stoves and does not include the sale of vehicles or anything automotive-related. |
| Tobacco paraphernalia |
shall mean any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, snifng, or ingesting by any other means into the body of tobacco or tobacco products. Items or devices classifed as tobacco paraphernalia include but are not limited to the following: cigarette papers or wrappers, blunt wraps as defned in Section 308 of the California Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products, including electronic smoking products and/or devices. Lighters and matches shall be excluded from the defnition of tobacco paraphernalia. |
| Tobacco product | shall mean any product in leaf, fake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, snifed, or ingested by any other means. Tobacco product includes any component, part, or accessory used to enable human consumption of tobacco or nicotine, regardless of if that product contains tobacco or nicotine, including but not limited to flters, rolling papers, blunt or hemp wraps, and tobacco paraphernalia as defned in this Section. For purposes of the Development Code, the term "tobacco product" excludes any product that has been specifcally approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose. |
| Tobacco product coupon |
means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price. |
| Tobacco product, favored |
means any tobacco product that imparts a taste or odor distinguishable by an ordinary consumer, other than the taste or odor of tobacco, either prior to or during the consumption of such tobacco product, including but not limited to tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or a cooling or numbing sensation distinguishable by an ordinary consumer during the consumption of such tobacco product. |
| Tobacco product, presumptive favored |
means any communication by or on behalf of the manufacturer or retailer of a tobacco product that such tobacco product imparts a taste or odor other than the taste or odor of tobacco, or that imparts a cooling or numbing sensation, constitutes presumptive evidence that the tobacco product is a favored tobacco product. This includes but is not limited to public statements that a product has a minty or cooling efect, such as describing the product as "chill," "ice," "fresh," "arctic," or "frost." |
| --- | --- |
| A | |
|---|---|
| Tobacco retailer establishment |
including "tobacco retailer" means any establishment that sells, ofers for sale, or does profers to exchange for any form of consideration, tobacco, tobacco products, tobacco paraphernalia, or any electronic smoking product and/or device. This defnition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, ofered for sale, exchanged, or ofered for exchange. This defnition shall not include wholesales or distributors not authorized to engage in retail sales of tobacco products directly to consumers. |
| Tobacco retailer establishment, nonconforming |
means any tobacco retailer that does not conform to the regulations of the Development Code, and which lawfully existed at the time the regulations with which it does not conform became efective. |
| Tobacco retailer license (TRL) |
means the license required to be obtained and maintained by a tobacco retailer establishment as required in Article 7, Chapter 3 of the Development Code. |
| Total height | the height of the tower and the furthest vertical extension of the WECS. |
| Tract Development | the concurrent development of two (2) or more single family dwellings within a recorded tract map. |
| Transitional housing | housing confgured as rental housing developments, with supportive services for up to twenty-four months but not less than six months. Transitional housing is designated and targeted for recently homeless persons and is intended to move recently homeless persons to permanent housing as quickly as possible and recirculate the assisted housing to another eligible program recipient. This type of housing includes self-sufciency development services, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing. |
| Transmission Equipment |
means any equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including but not limited to radio transceivers, antennas, and other relevant equipment associated with and relevant to their operation, including cable and power supply devices. Transmission equipment does not include electrical meter pedestals needed to measure the amount of electric energy consumed by an electrically powered device. This defnition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16,Article 24, of the Development Code. |
| U | |
| Underground utility district or district |
that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of this Title. |
| Unoccupied or Vacant |
applied to a building, dwelling, structure or land shall mean a building, dwelling, structure or land that is not occupied or otherwise utilized by any person, business or entity with a legal right to hold possession or to exercise dominion or control over such building, |
| dwelling, structure or land such that a reasonable person would believe that such building, dwelling, structure or land has not been lawfully occupied or utilized for an extended period of time. |
|
| --- | --- |
| Usable area | the area of a lot which is free from slopes greater than ten percent, open drainage channels or any other easement which prevents the use of the property for recreational purposes, excluding driveways. |
| Use | the purpose for which land or a building or structure is designed, arranged or intended or for which it is occupied, maintained, let or leased. |
| Use, accessory | a use incidental and subordinate to the principal use of the parcel of land on which it is located, which does not alter the characteristics of the use considered as a whole and as related to other uses permitted in the same district. |
| Use, conditional | a use that requires approval of a Conditional Use Permit by the Zoning Administrator or Planning Commission before the use is allowed on a specifc building site. |
| Use, permitted | a use that is allowed in a particular Zoning District as long as all other zoning district and special criteria requirements are met. |
| Use, principal | any permitted or conditional use listed in this Title. |
| Use, prohibited | a use that is not allowed in a particular Zoning District, unless considered a similar use on a specifc building site as defned by this Title. |
| Use, similar | a use that may allowed on a specifc building site if determined by the Zoning Administrator to be: (i) Comparable to a use allowed within the subject Zoning District; or (ii) Located within a commercial or industrial zone district and appropriate to utilize an existing development with sufcient improvements when compatible with adjacent land uses and the built environment, and when the use does not present any negative impacts to public interest, surrounding businesses or residents, and/or the public health, safety and welfare. Any uses outlined in Section 16-3.07.025 of this Title and/or any uses involving the sales of tobacco products or alcohol shall not be considered a similar use. |
| Utility | includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. |
| V | |
| Variance | a grant of relief from the requirements of this Title which permits construction in a manner that would otherwise be prohibited by such. |
| A | |
|---|---|
| Vehicle for hire | any vehicle used for the transportation of passengers who direct the route to be traveled over the streets, and not operated over a fxed route, for compensation, including but not limited to vehicles commonly known as taxicabs, limousines, shuttle services or sightseeing buses. |
| Vend or Vending | means to sell, ofer to sell, expose for sale, solicit ofers to purchase, or barter food, goods, or merchandise for present delivery. Vending includes ofering samples of products that are also for sale, negotiating fees for goods, and/or requesting donations in exchange for merchandise for present delivery. Also means selling, ofering for sale, or displaying or dispensing any food, beverages, goods, wares, or merchandise from any Mobile Vending Vehicle. |
| --- | --- |
| Vending Cart | means any pushcart, stand, booth, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used to conduct Sidewalk Vendor Activities that is not a vehicle or motor vehicle as defned in Sections 670 and 415 the California Vehicle Code. |
| Vertical Mixed-use | development characterized by multi-story buildings containing a mix of residential and commercial uses to promote compact development and walkability. Commercial and live/work uses are located on the ground foor, while residential units are located on upper levels. |
| Violation | the failure of a structure or other development to be fully compliant with this Chapter. A structure or other development without the elevation certifcate, other certifcations or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided. |
| VVEDA | the Victor Valley Economic Development Authority. |
| W | |
| Wall | a thick structure which forms a rampart or enclosure constructed of and deriving most of its structural support from concrete and/or masonry. |
| Water surface elevation |
the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specifed) of foods of various magnitudes and frequencies in the foodplains of coastal or riverine areas. |
| Watercourse | a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters fow at least periodically. Watercourse includes specifcally designated areas in which substantial food manage may occur. |
| Wind energy conversion system |
a machine that converts the kinetic energy in the wind into a usable form of electrical or mechanical energy (commonly known as a wind turbine or windmill). The WECS includes all parts of the system except the tower and the transmission equipment. |
| Wireless communication facility |
any structure that transmits and/or receives radio frequency signals and their associated antennas, towers, poles, equipment shelters, support structures and other related equipment for the transmission and receipt of signals that enable people and devices to communicate independent of location. This includes current technology such as cellular communication, personal communication services, digital broadband and similar technology. It does not include non-commercial antennas, commercial radio and television transmitters (transmission communication facilities), residential television, radio antennas and non-commercial satellite (microwave) dishes which are regulated by other Sections of the Victorville Municipal Code. |
| Wireless Communication Facility or "WCF" |
any facility or facilities that transmit and/or receive electromagnetic waves and their associated transmission equipment, towers, poles, base stations, support structures and other related equipment for the transmission and receipt of signals that enable people and devices to communicate independent of location. This includes technology such as cellular communication, personal communication services, digital broadband, distributed antenna systems, small cells, and similar technology whether located on private property, public property, or the public right-of-way. The term does not include non-commercial antennas, commercial radio and television transmitters (transmission communication facilities), residential television, radio antennas and non-commercial satellite (microwave) dishes which are regulated by other sections of this Code. This defnition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16, Article 24, of the Development Code. |
| --- | --- |
| Wireless Tower | means any structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated equipment, but does not include structures that were installed to replace or collocate upon existing utility and light poles, water towers, or buildings. This defnition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16,Article 24, of the Development Code. |
| Y | |
| Yard | means an open area that lies between the wall plane of a primary structure and the nearest property line within which no structures may be located, unless otherwise specifed in this Title. Yards shall have a minimum usable area abutting the primary structure equal to the required setback dimension of the respective yard as measured perpendicularly from the primary building, unless otherwise specifed in this Title. |
| . | |
| Yard, front | the area extending across the full width of the lot between a main building and the front lot line. The required front yard shall be measured in a manner consistent with this Title. |
| Yard, rear | the area extending across the full width of the lot between a main building and the rear lot line. The required rear yard shall be measured in a manner consistent with this Title. |
| A | |
|---|---|
| Yard, salvage | any outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including automobile wrecking yard, house wrecking yard, used lumber yard and storage of salvage materials of all kinds; but excluding space used for the storage of used vehicles or machinery in operable condition, and the processing of used or salvaged materials as part of a lawfully existing manufacturing operation on the same premises. |
| --- | --- |
| Yard, side | the area extending across the full width of the lot between a main building and the side lot line. The required side yard shall be measured in a manner consistent with this Title. |
| Yard, street side | a side yard which faces a public street on a corner lot and extending from the front yard to the rear yard property line. |
(Ord. No. 2288, § 2, 2-7-12, eff. 3-9-12; Ord. No. 2302, § 1, 10-15-13; Ord. No. 2303, § 1, 12-3-13; Ord. No. 2322, § 1, 1-20-15; Ord. No. 2326, § 1, 1-20-15; Ord. No. 2318, § 2, 2-3-15; Ord. No. 2324, § 1, 10-7-14; Ord. No. 2340, § 3, 7-21-15; Ord. No. 2339, § 2, 8-18-15; Ord. No. 2345, § 1, 10-6-15; Ord. No. 2357, § 2, 10-18-16; Ord. No. 2359, § 2, 12-20-16; Ord. No. 2360, § 3, 12-20-16; Ord. No. 2368, § 6, 6-20-17; Ord. No. 2376, § 4, 11-7-17; Ord. No. 2388, § 3, 3-19-19; Ord. No. 2410, § 2, 7-21-20; Ord. No. 2415, § 3, 3-2-21; Ord. No. 2443, § 3, 9-5-23; Ord. No. 2448, § 5(Exh. B), 2-6-24; Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2450, § 3(Exh. A), 7-16-24; Ord. No. 2454, § 5(Exh. B), 3-4-25; Ord. No. 2461, § 3, 11-18-25; Ord. No. 2464, § 6, 4-7-26)
Chapter 2: - Administration Article 1: - Amendments
Sec. 16-2.01.010: - Authority
The Development Code may be amended by changing the boundaries of any zoning district or by changing any Code Section, district regulation, requirement, general provision, exception, procedure, design guideline, policy or any other provision as provided for in this Code.
Sec. 16-2.01.020: - Initiation
An amendment may be initiated by the owner or the authorized agent of real property. If the property for which an amendment is proposed contains more than one ownership, all of the property owners or authorized agents shall join in the initiation of an amendment. An amendment may also be initiated by the City Manager or his/her designee or by a resolution of the Planning Commission or by action of the City Council in the form of a request to the Planning Commission that it consider a proposed change. Amendments shall follow the procedures as specified in this Article.
(Ord. No. 2388, § 3, 3-19-19)
Sec. 16-2.01.030: - Department action
The Development Department shall make an investigation of the application and shall prepare a written report which shall be transmitted to the Planning Commission and made available to the applicant(s) prior to the public hearing. The Development Department may consult with other City Departments and other public agencies in its investigation.
Sec. 16-2.01.040: - Public hearing ¶
The Planning Commission shall hold at least one (1) public hearing on the amendment application, with all hearings noticed as required by the State government code. At the public hearing, the Planning Commission shall review the application and supporting materials, the report of the Development Department, reports of other City departments and public agencies and shall receive evidence regarding the proposed amendment.
Sec. 16-2.01.050: - Planning Commission action ¶
When considering amendments to the Code or applications for changing property from one zone classification to another, the Planning Commission shall act only to make recommendations to the City Council. After the conclusion of the hearing on a proposed amendment or change of zone, the Planning Commission shall submit specific information regarding said amendment or change of zone, including minutes of the Planning Commission meeting, to the City Council for consideration.
Sec. 16-2.01.060: - City Council action ¶
Upon receipt of the report of the Planning Commission on a proposed amendment, the Council shall set the matter for a public hearing after notice thereof is given as required by law. After the conclusion of the hearing, the Council may approve, modify or disapprove the recommendation of the Planning Commission; provided that any modification of the proposed amendment by the Council shall first be referred to the Planning Commission for report and recommendation but the Planning Commission shall not be required to hold the public hearing thereon. Failure of the Planning Commission to report within forty days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed modification.
Sec. 16-2.01.070: - Change of General Plan and Zoning Map
An update to the General Plan or a change of zoning district or in the district boundaries shall be indicated on the General Plan and Zoning Map following the enactment of an ordinance amending the General Plan and Zoning Map.
Sec. 16-2.01.080: - New applications
Following the denial by the Planning Commission or Council of an application for an amendment, no new application for the same or substantially the same change shall be filed within one (1) year after the date of denial of the application. When both the Planning Commission and City Council reject an application, the one (1) year period shall run from the later date of denial.
Sec. 16-2.01.090: - Effective date
The approval of an amendment shall become effective upon the expiration of thirty (30) calendar days following the date upon which the approval was granted.
Sec. 16-2.01.100: - Pre-zoning of unincorporated territory
The pre-zoning of unincorporated territory within the sphere of influence of the City may be initiated by the Planning Commission on its own motion, or by the City Council or City Manager or his/her designee in the form of a request to the Planning Commission that it consider the pre-zoning, or by a petition of the owner or owners of land in the unincorporated territory proposed to be pre-zoned to a City zoning district or districts.
All of the provisions of this Article shall apply to pre-zoning of property, except that the ordinance approving prezoning shall become effective at the same time annexation of the territory becomes effective.
(Ord. No. 2388, § 3, 3-19-19)
Article 2: - Appeals
Sec. 16-2.02.010: - Appeals of administrative decisions
An applicant, any resident of the City, or any person owning real property in the City aggrieved by an administrative decision made by the City Manager or his/her designee with respect to this title, may appeal such decision to the Planning Commission.
(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)
Sec. 16-2.02.020: - Appeals of Zoning Administrator decisions
An applicant, any resident of the City, or any person owning real property in the City aggrieved by a decision of the Zoning Administrator may appeal such decision to the Planning Commission.
Sec. 16-2.02.030: - Appeals of Building Official decisions
An applicant, any resident of the City, or any person owning real property in the City aggrieved by a decision of the Building Official may appeal such decision to the Planning Commission.
Sec. 16-2.02.040: - Appeals of Planning Commission decisions
An applicant, any resident of the City, or any person owning real property in the City aggrieved by a decision of the Planning Commission may appeal such decision to the City Council.
(Ord. No. 2299, 6-18-13, eff. 7-18-13)
16-2.02.045: - Reviews by City Council or Planning Commission
Any member of the City Council or Planning Commission may, through the filing process outlined in Section 162.02.050, call for a review of any action by the Zoning Administrator. Such notice shall have the same effect as an appeal but shall not have a filing fee. Further, in the same manner as above, members of the City Council may call for a review of any action made by the Planning Commission.
(Ord. No. 2299, 6-18-13, eff. 7-18-13)
Sec. 16-2.02.050: - Filing
(a)
Administrative appeals shall be filed with the Development Department within ten (10) days after the date of a decision by the City Manager or his/her designee, the Zoning Administrator or the Building Official.
(b)
Any appeal of an action by the Planning Commission shall be filed with the City Clerk in writing specifying the grounds for appeal within ten (10) days after the date of such decision. The appeal shall state specifically wherein a decision is not in accordance with the provisions of the Code, or wherein it is claimed that there was an error or an
abuse of discretion by the City Manager or his/her designee, Zoning Administrator or the Planning Commission, or where a decision by the Zoning Administrator or the Planning Commission is not supported by the record.
(Ord. No. 2388, § 3, 3-19-19)
Sec. 16-2.02.060: - Transmittal of record ¶
(a)
On any appeal to the Planning Commission, the City Manager or his/her designee shall make available to the Commission all documents constituting the record upon which the action appealed was based. The City Manager or his/her designee shall be represented personally at the appeal hearing in order to make known the reasons for the subject decision. Any new and/or pertinent information provided by the appellant that was not previously disclosed shall cause that item to be reconsidered by the City Manager or his/her designee prior to any further appeal proceedings.
(b)
On any appeal to the City Council, upon notice by the City Clerk that an appeal has been filed, the City Manager or his/her designee shall make available to the Council all documents constituting the record upon which the action appealed was based. The Commission shall be represented by any of its members, the City Manager or his/her designee at the appeal hearing in order to make known the reasons for the Commission's decision. Any new and/or pertinent information provided by the appellant that was not previously disclosed shall cause that item to be reconsidered by the Planning Commission and/or City Manager or his/her designee prior to any further appeal proceedings.
(c)
On any review by the City Council or Planning Commission, following a filing made in accordance with Section 162.02.050, the City Manager or his/her designee, and/or Zoning Administrator shall make available to the authority initiating the review all documents constituting the record upon which the action under review was based. The City Manager, Zoning Administrator, or their designee shall be present at the review hearing in order to make the reasons for their decision known. Any new and/or pertinent information provided by the reviewing authority, that was not previously disclosed shall cause that item to be reconsidered by the City Manager or his/her designee, and/or Zoning Administrator prior to any further review proceedings.
(Ord. No. 2299, 6-18-13, eff. 7-18-13; Ord. No. 2388, § 3, 3-19-19)
Sec. 16-2.02.070: - Department action ¶
Within forty-five (45) days after an appeal has been filed, or after a vote of the Planning Commission or the City Council calling for review, the Development Department shall transmit a copy of the appeal application and all supporting materials to either the Planning Commission or City Council, whichever is to hear the appeal.
Sec. 16-2.02.080: - Planning Commission action ¶
On an appeal from an administrative decision, the Planning Commission shall consider the matter at a public hearing and may affirm, reverse or modify the decision of the City Manager or his/her designee, the Zoning Administrator or the Building Official.
(Ord. No. 2388, § 3, 3-19-19)
Sec. 16-2.02.090: - City Council action
On an appeal from a decision of the Planning Commission or when a decision has been called up for review, the Council shall hold a public hearing on the matter. The Council may affirm, reverse, or modify the decision of the Planning Commission. The final order of the Council on any such appeal shall be effective forthwith.
Article 3: - Enforcement of Code
Sec. 16-2.03.010: - Permits, certificates and licenses
All officials, departments, and employees of the City vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of the Development Code and shall issue no permit, certificate, or license which conflicts with the provisions of the Code. Any permit, certificate or license issued in conflict with the provisions of the Code shall be null and void.
Sec. 16-2.03.020: - Duty of Planning Commission
It is the duty of the Planning Commission to assure the proper administration of this Code, and the Commission shall have the power to establish such policies, rules and regulations not in conflict with the Municipal Code as are necessary for that purpose.
Sec. 16-2.03-030: - Duty of City officers
It is the duty of the City Manager or his/her designee and of all other officials of the City concerned with any of the matters regulated by this Title to enforce its provisions.
(Ord. No. 2388, § 3, 3-19-19)
Sec. 16-2.03.040: - Violations
Any person violating any provision of this Title shall be punishable as set forth in Title 1 Section 1.04.010 of the Municipal Code. Any such violation shall be deemed to be a continuing violation until such violation has been abated.
(Ord. No. 2360, § 3, 12-20-16)
Sec. 16-2.03.050: - Validity
If any provision of the Code is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared that the effect of such decisions shall be limited to that provision or those provisions which are expressly stated on the decision to be invalid, and such decision shall not affect, impair, or nullify this Code as a whole, or any part thereof, and the remainder of the Code shall continue in full force and effect.
Article 4: - Interpretation
Sec. 16-2.04.010: - Interpretation ¶
The provisions of this Title shall be held to the minimum requirements. Nothing in this Title shall repeal or amend any ordinance requiring a permit or license to cover any business activity. These regulations are not intended to impair or interfere with any existing easement, covenant or other agreement between parties; provided, however,
that where this Title imposes a greater restriction upon any use or upon the height or bulk of a building or structure, or requires larger building sites, yards or other open spaces than are imposed or required by any other law, ordinance, covenant or easement, then the provisions of this Title shall control.
Where uncertainty exists regarding the interpretation of any provision or its application to a specific case or situation, the City Manager or his/her designee shall have the overall authority to interpret the intent of any provision by written decision, authorizing the Zoning Administrator to interpret in regards to land use and the Building Official in respect to building and safety provisions. Thereafter, the interpretation shall apply in all similar situations, unless modified by the Planning Commission or City Council on appeal.
(Ord. No. 2388, § 3, 3-19-19)
Article 5: - General Administration
Sec. 16-2.05.010: - Permits and approval authority
Table 5-1 sets forth all permits and approvals which may be necessary as required by the Development Code, as well as approving authority and appeal body. When a project includes approvals by multiple approving authorities, the highest level of approving authority shall be responsible for the final review and approval of the project based upon recommendations made by the preceding approval authority, unless approval authority of specific areas of the project are otherwise delegated through conditions of approval.
Table 5-1 - Permit and Approval Matrix
*=Public Hearing R=Recommendation X=Final Decision A=Appeal
| Application | Staf Approval |
Zoning Administrator |
Building Ofcial |
Planning Commission* |
City Council* |
|
|---|---|---|---|---|---|---|
| Planning | Amendments | |||||
| General Plan | R | X | ||||
| Zoning (map & text) | R | X | ||||
| Certifcate of Compliance | X | A | ||||
| CC&R's | X | |||||
| Conditional Use Permit (CUP) | X | A | ||||
| Minor CUP (existing site) | X* | A | ||||
| Determination of Use | X | A | ||||
| Development Agreement | R | X | ||||
| Digital display with net reduction (no relocation sought) |
X | |||||
| Final Parcel Map | X | A | ||||
| Final Tract Map | X | A | ||||
| Finding of Public Convenience or Necessity |
X | A | ||||
| --- | --- | --- | --- | --- | --- | --- |
| Historic Preservation | R | X | ||||
| Home Occupation Permit Administrative |
X | A | ||||
| Home Occupation Permit Planning Commission |
X | A | ||||
| Lot Line Adjustment | X | A | ||||
| Lot Merger | X | A | ||||
| Miscellaneous | X | A | ||||
| Pet Permit | X | A | ||||
| Plan Check | X | |||||
| Planned Unit Development | R | X | ||||
| Relocation Agreement (Billboard) |
R* | X* | ||||
| Sign Program | X | A | ||||
| Site Plan | X | A | ||||
| Minor Site Plan (existing site) | X | A | ||||
| Specifc Plan/Amendment | R | X | ||||
| Suspension Agreements | X | A | ||||
| Temporary Use Permits | X | A | ||||
| Tentative Maps/Extensions | X | A | ||||
| Urban Subdivision | X | |||||
| Variance | X | A | ||||
| Minor Variance (existing site) | X* | A | ||||
| Minor Deviation (;lt;10%) | X | A | ||||
| Building | Assignment of Addresses | X | A | |||
| Certifcate of Occupancy | X | A | ||||
| Change of Design Professional |
X | A | ||||
| Deferred Submittals | X | A | ||||
| Inspections | X | A | ||||
| Approval of Overtime Inspections |
X | A | ||||
| Plan Review | X | |||||
| Permit/Plan Review Extensions |
X | A | ||||
| --- | --- | --- | --- | --- | --- | --- |
| Request for early stocking | X | A | ||||
| Request for public records | X | |||||
| Special Inspector Approvals | X | A | ||||
| Underground Exception | X | A | ||||
| Use of Alternate Material | X | A | ||||
| Utility Releases | X | A | ||||
| Code Enforcement |
Code Enforcement Parcel Tag Releases |
X | A | |||
| Administrative Citations (appealed to the processing agency hearing ofcer) |
X | A | ||||
| Grease Trap Permits | X | A | ||||
| Mobile Home Park Operator Permits |
X | A | ||||
| Notice of Pendency (nuisances) | X | A | ||||
| Notice of Pendency (Substandard buildings) |
X | A | ||||
| Notice of Pendency (Withdrawals) | X | A | ||||
| Order to Abate Public Nuisance |
X | A |
(Ord. No. 2288, § 4, 2-7-12, eff. 3-9-12; Ord. No. 2302, § 1, 10-15-13; Ord. No. 2360, § 3, 12-20-16; Ord. No. 2461, § 3, 11-18-25)
Sec. 16-2.05.020: - Pre-submittal conference
Before filing any application for a Planning Commission action or Zoning Administrator review, the prospective applicant shall submit to the City Manager or his/her designee preliminary plans, sketches and basic site information as listed on the application.
The purpose of the pre-submittal conference is to (1) identify various aspects of a project not meeting the criteria necessary to recommend the approval of the project by the Planning Commission or Zoning Administrator, and (2) provide a forum for the applicant and City Staff to share information and discuss possible solutions to the challenges that are unique to each project.
If the City Manager or his/her designee deems the project substantially compliant with this Title, the pre-submittal conference may be waived.
Pre-submittal conferences shall take place weekly with Staff members from each division of the Department. Subsequent pre-submittal reviews may be required if significant revisions or additional information is required. Presubmittal reviews shall remain valid for a period not to exceed six months.
(Ord. No. 2388, § 3, 3-19-19)
Sec. 16-2.05.030: - Filing ¶
An application for a permit, permit modification, amendment, Planning Commission hearing or any other matters pertaining to this Title shall be filed with the Development Department on a City application form, together with any required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the Department to process the application. An application may be initiated by the City, or owner(s) or lessee(s) of property or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Development Code.
Sec. 16-2.05.040: - Environmental review ¶
The City of Victorville will conduct an environmental review of each project submitted for City approval in accordance with State law for implementing the California Environmental Quality Act (CEQA). Depending on the nature and scope of the proposed project, a negative declaration, mitigated negative declaration, or environmental impact report may need to be completed. Negative declarations and environmental impact reports shall be prepared based on CEQA, implementing guidelines and City of Victorville environmental guidelines.
Sec. 16-2.05.050: - Fees
All Development Department fees shall be adopted by City Council resolution and administratively adjusted, as necessary, to reflect annual cost fluctuation. The adjustment shall occur in accordance with changes to employee salaries, using the cost of living index as a guide and the Fee Study recommendation as a baseline, unless otherwise provided for in this Code.
Sec. 16-2.05.060: - Public hearings
The following regulations apply:
(a)
Upon receipt in proper form of any application filed pursuant to this Title upon which a public hearing is required as identified in Table 5-1 (Permit Approval Matrix) of this Article, the date for such public hearing shall be set by the Zoning Administrator. Notice shall be given of the time and place of such public hearing by at least one publication in a newspaper of general circulation in the City. The applicant, and the appellant in the case of an appeal, shall be notified in writing of the time and place of the hearing.
(b)
When the public hearing is required to be held on an application as specified in Table 5-1 (Permit Approval Matrix) of this Article, notice of the time and place of the hearing shall be given pursuant to California Government Code Section 65091 et seq.
(c)
Any failure to give notice as required by this Title or an irregularity in connection therewith or in any procedure required by this Title shall not invalidate the proceedings if there shall have been compliance with the minimum requirements of state law.
(d)
At any public hearing held pursuant to this Title, the officer presiding may order the hearing to be continued by publicly announcing the time and place of continuance, and no further notice thereof shall be required.
(d)
Notices required in accordance with the California Environmental Quality Act (CEQA) shall be prepared in accordance with State law.
Sec. 16-2.05.070: - Pre-construction meetings
A project applicant or developer shall attend a pre-construction meeting prior to the issuance of grading and/or construction permits, unless waived by the Building Official. Pre-construction meetings shall only apply to projects with conditions of approval issued by the City Council, Planning Commission and/or Zoning Administrator. The purpose of this meeting is to acquaint the developer with the requirements, policies and procedures of the City, to identify special conditions of approval and/or mitigation measures which must be addressed at the construction stage, and to familiarize the Development Staff with anticipated construction schedules and personnel.
Sec. 16-2.05.080: - Certificates of occupancy ¶
To ensure that each new or expanded use of a structure or site and each new structure or alteration of an existing structure complies with all applicable provisions of this Development Code, and in order that the City may have a record of each new and expanded use, a certificate of occupancy shall be required prior to any structure or site being occupied.
No structure erected, moved, altered, enlarged, occupied or used, and no site shall be initially occupied or used after the effective date of the ordinance codified in this Chapter until a certificate of occupancy has been issued by the Building Official; provided; however, a certificate of occupancy shall not be required where the proposed use of a site is cultivating the soil and the growing of agricultural products.
The issuance of a certificate of occupancy is subject to the following regulations:
(a)
An application for a certificate of occupancy shall be filed with the Development Department prior to:
(1)
The erection, moving, alteration, or enlargement of any structure;
(2)
The commencement of a new use or a change in use of any structure or site.
(b)
The applicant shall submit a written request for a certificate of occupancy. The Building Official shall route the request for certification of occupancy to applicable departments. The final certificate of occupancy is issued only after all the conditions of all departments have been met.
(c)
A record of all certificates of occupancy will be kept on file with the Development Department and copies shall be furnished on request to any person having a propriety or tenancy interest in the structure, use, or site which is the subject of the certificate.
Sec. 16-2.05.090: - Business license review
Every initial business license application shall be referred to the Development Department for review as to zoning compliance. The Development Department shall determine whether the proposed business use is a permitted use or a conditionally permitted use at the proposed business location. If the proposed business use is not a permitted use or a conditionally permitted use, then no business license will be issued for the business at the proposed location. If the proposed business use is a conditionally permitted use, then no business license shall be issued for the proposed location until after a Conditional Use Permit has been obtained.
Chapter 3: - Zoning and Land Use Requirements Article 1: - Site Plan Review
Sec. 16-3.01.010: - Purpose and authorization
The purpose of a Site Plan is to:
(a)
To ensure that new development or expansions of existing uses or structures occurs in a manner consistent with the overall goals and objectives of the General Plan, the objectives of the Development Code and with the neighborhood or area in which the development is proposed to be located;
(b)
To ensure that all new development is consistent with the development standards contained in the Development Code;
(c)
To ensure that the proposed architectural treatment of new buildings and structures, including landscaping, open space and signs, is consistent with the design guidelines contained in the Development Code;
(d)
To allow City departments the opportunity to review new development proposals and place reasonable conditions to ensure that the public health, safety and welfare is maintained.
Sec. 16-3.01.020: - Applicability ¶
The following development projects are subject to Site Plan Review:
(a)
All developments within a Planned Unit Development;
(b)
All development and/or physical expansion of a use and/or building within all Commercial, Industrial, or Mixed Use District;
(c)
All new residential development, including tract developments, an individual single family dwelling or multi-family dwellings;
(d)
Physical expansion of an existing use and/or building within a Residential District, exclusive of accessory structures added to an existing single family dwelling that do not add habitable space or attached additions to the primary dwelling unit that do not add a kitchen;
(e)
All development and/or physical expansion of a conditional use within the Public and Civic District;
(f)
Other projects, which, in the opinion of the City Manager or his/her designee, require such level of review prior to issuance of a building permit or adoption of a zone change.
(Ord. No. 2318, § 2, 2-3-15; Ord. No. 2388, § 3, 3-19-19)
Sec. 16-3.01.030: - Scope of review
Where Site Plan review is required for a use or a structure under the provisions of this Article, the following aspects of the project are to be reviewed by the Zoning Administrator and the Planning Commission if applicable:
(a)
The location of the site in relation to location of buildings on adjoining sites, with particular attention to privacy, views, any physical constraint identified on the site and the characteristics of the area in which the site is located;
(b)
The degree to which the proposed development will complement and/or improve upon the quality of existing development in the vicinity of the proposed project and the extent to which adverse impacts to surrounding properties will be minimized;
(c)
The effect of the proposed project on surrounding uses, including ensuring minimum disruption to such uses;
(d)
Whether the development standards set forth in the Development Code have been satisfied;
(e)
Whether the design guidelines set forth in the Development Code have been substantially met;
(f)
One or more of the development standards required by Title 16 may be eliminated by the Planning Commission where the following findings are made:
(1)
The elimination of the requirement is not injurious to the public health, safety and welfare, and
(2)
Based upon characteristics of the site, the elimination of the development standard will have no adverse effect on surrounding properties;
(g)
In the event a development standard is eliminated, the elimination shall apply only to the use as submitted as part of the site plan approval, any future expansion or modification of the use will invalidate the eliminated development standard, the necessity for which will be reviewed at the time of any subsequent application.
Sec. 16-3.01.040: - Application filing requirements
An application for Site Plan Review shall be filed with the Development Department on the prescribed application form and shall be accompanied by the following:
(a)
A completed Environmental Information Form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project;
(b)
Maps, drawings, site plans, building elevations, proposed colors and building materials, summary tabulations and other documents and information required on the standard City application form to describe the project adequately;
(c)
Required fee(s).
Sec. 16-3.01.050: - Zoning Administrator action
The Zoning Administrator shall have the power and duty to review and make decisions on development or improvements that occur on existing developed sites, unless otherwise specified per Section 16-3.08.090, entitled Single Family Design Guidelines. The Zoning Administrator will also review site plans for substantial conformance with Planning Commission approved plans. The Zoning Administrator may allow modifications to the approved plans as authorized by resolution of the Planning Commission only if the change is equal or superior to the originally approved plan. The Zoning Administrator shall have the discretion to refer an application to the Planning Commission due to its complexity, size, intensity, impacts, location, or for any other reason deemed necessary and the application shall be assessed the appropriate fees.
(Ord. No. 2318, § 2, 2-3-15)
Sec. 16-3.01.060: - Planning Commission action
The Planning Commission shall receive, review and make a determination on every application for approval of a site plan, unless otherwise reviewed by Zoning Administrator.
Sec. 16-3.01.070: - Effective dates
The action authorizing a site plan or disapproving the same shall be effective ten days after the date of such action, unless a notice of appeal is filed pursuant to Chapter 2 Article 2 of this Title.
Sec. 16-3.01.080: - Lapse of approval
An adopted site plan shall lapse and be void unless the use is established, or plans have been submitted and accepted by the building division for building permit processing within thirty-six months of the date of the final action of approval. Building permits shall remain active or the entitlement will lapse and be void if the building permits expire after the initial thirty-six month approval period has passed.
(Ord. No. 2410, § 2, 7-21-20)
Sec. 16-3.01.090: - New applications
Following the denial of any application for Site Plan Review, no application for the same or substantially the same approval shall be filed within one (1) year after the date of denial.
Article 2: - Conditional Use Permits
Sec. 16-3.02.010: - Purposes and authorization ¶
Certain uses, referred to in this Title as conditional uses, are declared to possess characteristics which require special appraisal by the Planning Commission or Zoning Administrator in each instance, to determine whether or not the use is necessary or desirable and will be properly related to other uses and to transportation and service facilities in the vicinity, and whether or not the use would, under all circumstances of the particular case, affect adversely the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare. A Conditional Use Permit is revocable, may be granted subject to conditions, or may be denied.
Sec. 16-3.02.020: - Application filing requirements
An application for a Conditional Use Permit shall be filed with the Development Department on a standard application form and accompanied by the following information:
(a)
A completed Environmental Information Form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project;
(b)
Maps, drawings, plans, tabulations and other documents required on the standard City application form to describe the project adequately;
(c)
Required fee(s).
Sec. 16-3.02.030: - Zoning Administrator action
The Zoning Administrator shall have the power and duty to review and make decisions conditional uses that take place on existing developed sites and modifications to established conditional uses. The Zoning Administrator shall have the discretion to refer an application to the Planning Commission due to its complexity, size, intensity, impacts, location, or for any other reason deemed necessary and the application shall be assessed the appropriate fees.
Sec. 16-3.02.040: - Planning Commission action ¶
The Planning Commission shall receive, hear and decide every application for a conditional use, unless otherwise reviewed by the Zoning Administrator. Each decision by the Planning Commission granting a Conditional Use Permit shall be adopted by a resolution, including the required findings prescribed in this article.
(Ord. No. 2299, 6-18-13, eff. 7-18-13)
Sec. 16-3.02.050: - Hearing body action
The hearing body, the Planning Commission, or Zoning Administrator, may grant an application for a Conditional Use Permit as it was applied for, or in modified form, if, on the basis of the application and the evidence. The Planning Commission or Zoning Administrator may impose reasonable and appropriate conditions on the approval of Conditional Use Permits in order to assist in achieving the purposes of the Development Code and to justify making necessary findings. The hearing body shall find that:
(a)
The proposed location of the conditional use is in accord with the objectives and requirements of the Development Code;
(b)
The proposed location of the conditional use and the conditions under which it will be operated is consistent with the General Plan and will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity;
(c)
The traffic generated by the proposed conditional use will not overload the capacity of the surrounding street system and will not create a hazard to public safety;
(d)
The proposed conditional use will comply with each of the applicable provisions of this Chapter.
Sec. 16-3.02.060: - Effective dates
The action authorizing a conditional use or disapproving the same shall be effective ten days after the date of such action, unless a notice of appeal is filed pursuant to Chapter 2 Article 2 of this Title.
Sec. 16-3.02.070: - Lapse of Conditional Use Permit
Unless a different period of time is specified among the conditions of approval, the authorization of a conditional use shall lapse and be void three years after the date of final approval, when processed in conjunction with a site plan, unless plans have been submitted and accepted by the building division and are actively being processed. Those conditional uses not processed in conjunction with a site plan shall lapse and be void one year after the date of final approval, unless the use is established or plans have been submitted and accepted by the building department and are actively being processed. However, upon application to the planning department, an extension not to exceed ninety days may be granted by the Zoning Administrator based upon reasonable circumstances. Once established, a conditional use shall not be considered abandoned unless a period of six months has elapsed since the use ceased operation.
(Ord. No. 2410, § 2, 7-21-20)
Sec. 16-3.02.080: - Expiration
A Conditional Use Permit shall apply only to the use and location which was the subject of the application. The Conditional Use Permit shall expire upon change of use or change of location.
Sec. 16-3.02.090: - Revocation: Termination of use
Upon a violation of any provision of this Chapter, or, if granted subject to a condition or conditions, upon failure to comply with the conditions or if the use has become a nuisance, the Zoning Administrator shall serve the property owner and occupant (if different from the property owner) with a "Notice of Commencement of Revocation Proceedings", which may include a "Notice of Suspension of a Conditional Use." The Planning Commission shall call a public hearing within sixty (60) days from the date of notice in accordance with Chapter 2 Article 5 of this Title. If the Planning Commission determines that conditions of the Conditional Use Permit have been violated, the Commission shall make the following findings:
(a)
That the Conditional Use Permit contains certain conditions that are not being complied with on a certain date or within a period of time;
(b)
That the failure to comply with the conditions was done knowingly and intentionally or with reckless disregard of the requirements for compliance or, if not knowingly or intentionally or with reckless disregard, the failure to comply was not cured by the date of the hearing.
Written notice of Planning Commission action, including findings, shall be delivered to the property owner and/or occupant and filed with the City Clerk at least thirty (30) days following the public hearing.
Sec. 16-3.02.100: - New applications
Following denial of an application for a Conditional Use Permit or the revocation of a Conditional Use Permit, no application for a Conditional Use Permit for the same or substantially the same conditional use on the same site shall be filed within one (1) year after the date of denial or revocation of the Conditional Use Permit.
Article 3: - Variances and Minor Deviations
Sec. 16-3.03.010: - Purposes and authorization
Upon application in proper form, the terms of this Title may be modified, and such variances granted as will not be contrary to its general intent or the public interest, where due to special conditions or exceptional characteristics of the property or its location or surroundings, a literal enforcement would result in practical difficulties or unnecessary hardships. The Planning Commission or Zoning Administrator shall receive, consider and take action upon every application for a variance or minor deviation.
Sec. 16-3.03.020: - Application filing requirements
Applications for Variances and Minor Deviations shall be filed with the Development Department on the prescribed form and shall be accompanied by the following:
(a)
A completed Environmental Information Form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project;
(b)
Maps, drawings, plans, tabulations and other documents required on the standard City application form to describe the project adequately;
(c)
Required fee(s);
(d)
Other information as may be required by the City Manager or his/her designee to explain the need for a Variance or Minor Deviation.
(Ord. No. 2388, § 3, 3-19-19)
Sec. 16-3.03.030: - Zoning Administrator action—Minor Deviations and Variances ¶
The Zoning Administrator shall have the power and duty to review and make decisions on variances that take place on existing developed sites and minor deviations. The Zoning Administrator shall have the discretion to refer an application to the Planning Commission due to its complexity, size, intensity, impacts, location, or for any other reason deemed necessary and the application shall be assessed the appropriate fees.
Sec. 16-3.03.040: - Planning Commission action—Variances
A public hearing before the Planning Commission with notice given pursuant Chapter 2 Article 5 of this Title shall be held upon every application for a variance. The Commission shall act upon every variance brought before it within a reasonable time.
Sec. 16-3.03.050: - Required findings for variances
The Planning Commission or the Zoning Administrator may grant a Variance from the requirements of this Victorville Municipal Code when there are specific physical requirements that distinguish the site from its surroundings; and that these unique circumstances would create an unnecessary hardship for the applicant/owner if the usual zoning standards were imposed. To grant a variance, the Planning Commission or the Zoning Administrator must make the following findings:
(a)
Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict and literal application of the zoning ordinance deprives the property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification;
(b)
Any variance granted shall be subject to conditions that will assure the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district where the property is located;
(c)
The variance shall not authorize a use or activity which is not otherwise specifically allowed by the zoning regulations of the district in which the property is located.
(d)
The granting of the variance will not be inconsistent with the General Plan.
(Ord. No. 2326, § 1, 1-20-15)
Sec. 16-3.03.060: - Minor deviations ¶
The Zoning Administrator may approve minor deviations to the regulations as contained in this Title as specified below. The required filing fee and submittal of certified public notice documents including two sets of mailing labels and a radius map shall be required for minor deviation applications. The Zoning Administrator shall find that the deviation requested results from a unique situation and will not be injurious or detrimental to the health, safety and welfare of the public. After notifying the applicant and owners of adjacent property of the final date that written protests or comments may be filed with the development department, the Zoning Administrator shall consider and take action on such applications. The decision of the Zoning Administrator shall be subject to appeal to the Planning Commission pursuant to Chapter 2 Article 2 of this Title. This procedure shall apply exclusively to cases where the deviation sought is limited to:
(a)
A reduction in lot size or the dimension of any property line or yard not exceeding ten percent of the requirement;
(b)
An increase in the percentage of lot coverage by not more than one-tenth of the specified percentage;
(c)
An adjustment by not more than ten percent in the number of parking spaces required;
(d)
Any adjustment in the height of a fence, unless otherwise regulated by this Title.
Sec. 16-3.03.070: - Conditions of approval ¶
In granting an application for a Variance or Minor Deviation, the hearing body may impose any condition or conditions it deems reasonable and appropriate to achieve the purposes of this Article and to justify required findings.
Sec. 16-3.03.080: - Lapses of Variances and Minor Deviation
A Variance or Minor Deviation which is not part of an approved site plan pursuant to Article 1, shall lapse and become null and void one (1) year following the effective date of the Variance or Minor Deviation. A Variance or Minor Deviation which is part of an approved site plan shall become null and void two (2) years following the
effective date of the Variance or Minor Deviation, unless prior to the expiration date a building permit is obtained and construction commenced and diligently pursued towards completion, or a certificate of occupancy is issued.
Sec. 16-3.03.090: - Revocation ¶
A Variance or Minor Deviation granted subject to a condition or conditions shall be revoked by the Zoning Administrator or the Planning Commission if the condition or conditions are not complied with; provided, however, the Zoning Administrator or Planning Commission shall hold a public hearing prior to a revocation.
Sec. 16-3.03.100: - New applications
Following denial or revocation of a Variance or Minor Deviation, no application for the same or substantially the same Variance or Minor Deviation on the same or substantially the same site shall be filed within one (1) year after the date of denial or revocation.
Article 4: - Temporary Use Permits
Sec. 16-3.04.010: - Purpose
Temporary Use Permits allow for the short-term placement of temporary uses, as identified in Article 7 of this Chapter, on private property with appropriate reviews and conditions to ensure compatibility with surrounding uses.
Sec. 16-3.04.020: - Application filing requirements
Applications for special events (including but not limited to parking lot sales, tent revivals, Christmas tree sales) shall be submitted at least fifteen (15) days prior to the commencement of the event. Applications shall be filed with the Development Department on the prescribed form and must be accompanied by the following:
(a)
A site plan and/or building elevations as well as a full description of the proposed use, including days and hours of operations, number of employees, provisions for off-street parking;
(b)
Required fee(s).
Sec. 16-3.04.030: - Review procedures
The Development Department shall refer the application and all accompanying plans, drawings and other documents to affected City Departments and other affected agencies as deemed appropriate. A valid business license shall be obtained for parking lot sales, Christmas tree and pumpkin sales and similar uses prior to issuance of a Temporary Use Permit.
Sec. 16-3.04.040: - Approval and findings
The Zoning Administrator or designee may approve or conditionally approve a Temporary Use Permit when all of the following findings can be made in an affirmative manner:
(a)
The operation of the requested use at the proposed location and within the requested time frame will not jeopardize, endanger, or otherwise constitute a detriment to the public health, safety or general welfare;
(b)
The proposed site is adequate in size to accommodate the proposed temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;
(c)
The proposed use is adequately served by streets and highways having sufficient width and improvements to accommodate the type and quantity of traffic that the temporary use will or could reasonably generate;
(d)
Adequate parking to accommodate vehicular traffic to be generated by the use will be available.
Sec. 16-3.04.050: - Conditions of approval
In approving an application for a Temporary Use Permit, the Zoning Administrator or designee may impose conditions deemed necessary to ensure that the Permit will be in accordance with the findings as required by Section 16-3.04.040. Conditions may involve any pertinent functions affecting the operation of such temporary event or use, and may include but are not limited to:
(a)
Provision for temporary parking facilities, including vehicular ingress and egress;
(b)
Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gasses and heat;
(c)
Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
(d)
Provision of sanitary and medical facilities;
(e)
Provision for solid, hazardous and toxic waste collection and disposal;
(f)
Provision for security and safety measures;
(g)
Regulation of signs;
(h)
A requirement that the approval of the requested use is contingent upon compliance with all other applicable provisions of the Municipal Code;
(i)
Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this Article.
Sec. 16-3.04.060: - Condition of site following temporary use
Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use and shall thereafter be used pursuant to the provisions of the Development Code.
Sec. 16-3.04.070: - Revocation
A Temporary Use Permit may be revoked or modified by the Zoning Administrator if any one of the following findings can be made:
(a)
That circumstances have changed so that one or more of the findings contained in Section 16-3.04.040 can no longer be made;
(b)
That the Temporary Use Permit was obtained by misrepresentation or fraud;
(c)
That one or more of the conditions of the Temporary Use Permit have not been met;
(d)
That the use is in violation of any statute, ordinance, law or regulation.
Article 5: - Nonconforming Uses, Structures, Sites and Signs
Sec. 16-3.05.010: - Purposes
Nonconformance provisions are established:
(a)
To bring all uses, structures, sites and signs into conformance with the developmental requirements and design guidelines in the Code;
(b)
To limit the occurrences and extent of nonconformance by prohibiting expansion, intensification, reinstatement, alteration, restoration after destruction, and reestablishment after abandonment; and
(c)
To gradually phase out nonconforming uses, structures, sites and signs.
Sec. 16-3.05.020: - Applicability ¶
(a)
Nonconforming uses, structures, signs and lots may be maintained, expanded, altered and/or abated only in accordance with the provisions of this Article.
(b)
Any Designated Historic Landmark, contributing structure within a Designated Historic District, or any property listed on the California Register of Historical Resources or National Register of Historic Places, shall be exempt from the provisions of this Article with respect to the restoration and maintenance of structures.
Sec. 16-3.05.030: - Nonconforming uses ¶
A use which lawfully occupied a building or land at the time an ordinance codified in this Development Code became effective, and which does not conform to the use regulations of the zoning district in which it is located, is deemed a "nonconforming use." A nonconforming use may continue, subject to the following:
(a)
Discontinuation of use.
(1)
Loss of legal nonconforming status. If a legal nonconforming use is discontinued for a period of 90 or more consecutive days, regardless of the owner's intent, it shall lose its legal nonconforming status and the use of the property shall be required to conform to all provisions of this Development Code.
(2)
Reestablishment of nonconforming use. No nonconforming use shall be reestablished unless first approved by the Planning Commission pursuant to Article 2 of this Chapter, entitled "Conditional Use Permit" and providing the building in which a nonconforming use was established has not been subsequently occupied by a conforming use. In granting the reestablishment of a nonconforming status, the Planning Commission shall find that the nonconformity will not be injurious or detrimental to the public heath, safety and welfare and may attach reasonable conditions and restrictions to the request, in addition to those required by this Development Code, which will ensure that the use:
(i)
Will not endanger the public health, safety or general welfare;
(ii)
Will not injure the value of adjoining or abutting property;
(iii)
Will not result in any significant environmental impacts; and
(iv)
Will be in harmony with the area in which it is located.
(b)
Change in ownership, tenancy or management. A change in ownership, tenancy or management of a nonconforming use shall not affect its legal nonconforming status, provided that the use did not discontinue pursuant to the preceding Section (Loss of legal nonconforming status) or the type of use and/or intensity of use does not change.
(c)
New development. New development on any lot or parcel upon which a legal nonconforming use exists shall require that all uses on the property conform to the provisions of this Development Code.
(d)
Intensifications, alterations and expansions of use.
(1)
A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of any structure or property that it did not occupy prior to the creation of the nonconformity.
(2)
A structure fully or partially occupied by any nonconforming use shall not be moved, altered or enlarged, unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use.
(3)
A nonconforming use shall not be intensified in such a way as to increase the discrepancy between existing conditions and the standards set forth in this Development Code.
(4)
The Planning Commission, pursuant to Article 2 of this Chapter, entitled "Conditional Use Permit", may approve the intensification, alteration and expansion of a nonconforming use, provided said intensification, alteration or expansion will not be injurious or detrimental to the public health, safety and welfare.
(e)
Abatement of nonconforming uses. Nonconforming uses shall be abated as follows:
(1)
A use that is nonconforming because of an operation or process which poses a threat to the public health, safety, or welfare, as determined by the Building Official, and which fails to discontinue such operation or process or to fully mitigate the hazard involved shall be discontinued upon the issuance by the City of a cease and desist order;
(2)
A use that does not occupy a structure or which occupies a structure having an assessed valuation of less than $2,500 and which causes a public or private nuisance, shall be discontinued within 5 years from the effective date of the ordinance codified in the Development Code; and
(3)
A use that has been abandoned shall comply with subsection (A) of this Section.
(4)
Every nonconforming use shall be terminated within 20 years after the use became nonconforming, as directed by the City Council when found to be injurious or detrimental to the public health, safety and welfare.
(Ord. No. 2448, § 5(Exh. B), 2-6-24)
Sec. 16-3.05.040: - Nonconforming structures ¶
A structure lawfully existing at the time an ordinance codified in this Development Code became effective, any portion of which does not comply with the requirements of the zoning district in which it is located, including setbacks, separations, height and design, is deemed a "nonconforming structure." A nonconforming structure may continue to exist, subject to the following:
(a)
Damage or destruction.
(1)
A nonconforming structure that is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, or other cause which is beyond the control of the property owner, and which could not otherwise have been prevented by reasonable care and maintenance of the structure, may be reconstructed up to the original size, placement and density, provided that total cost of such reconstruction does not exceed more than 50 percent of the structure's fair market value. The structure may be restored and the nonconforming use may be resumed, provided that restoration is started within 12 months and diligently pursued.
(2)
In the event that the cost of repairing such damage exceeds 50 percent of the fair market value of the structure prior to such damage occurring, the structure may be reconstructed up to the original size, placement and density, subject to the following:
(i)
The Planning Commission, at a duly noticed public hearing, must find that continuing the nonconforming use will not result in an annoyance to and/or reduction of any surrounding property. A public hearing and Planning Commission finding shall not be required for a parcel of land that is designated for a residential land use by the General Plan and contains a single-family dwelling;
(ii)
The extent of damage or partial destruction shall be based upon a comparison of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction with its value at the time the structure was damaged or partially destroyed. Estimates for such purpose shall be made by or reviewed by the Building Official;
(iii)
The restoration is commenced within 12 months and diligently pursued to completion; and
(iv)
Nothing in this Section shall be construed to permit the continuation of conditions that will endanger the health, safety and welfare of building occupants or the residents of the area, or which constitute a public or private nuisance.
(3)
A multiple family dwelling or development that has been involuntarily damaged or destroyed by fire, flood, wind, earthquake, or other calamity, or by public enemy, or other cause which is beyond the control of the property owner, and which could not otherwise have been prevented by reasonable care and maintenance of the structure may be reconstructed up to the original size, placement and density, except a multiple family dwelling or development which has been abandoned for a period of 90 or more consecutive days prior to being involuntarily damaged or destroyed, or a multiple family dwelling or development constituting a public nuisance prior to being involuntarily damaged or destroyed may not be reconstructed unless the structure is made to comply to all provisions of the Development Code.
(b)
Alterations and expansion.
(1)
A nonconforming structure shall not be moved, altered or enlarged so as to increase the discrepancy between existing conditions and the most current standard as prescribed by the zoning district in which the structure is located, excepting alteration and/or enlargement to a single-family dwelling conducted pursuant to subsection (g) of this Section (Nonconforming single-family residential structures).
(2)
Within residential zoning and land use districts, necessary repairs and desirable alterations, as deemed appropriate by the Planning Director, may be made to legal nonconforming residential structures.
(3)
Within nonresidential zoning and land use districts, reasonable repairs and alterations may be made to nonconforming nonresidential structures, provided that no structural alterations shall be made which would prolong the life of supporting members of a structure, such as bearing walls, columns, beams or girders. Structural elements may be modified only if such modification or repair is immediately necessary to protect the public health and safety, occupants of the legal nonconforming structure, or adjacent property, as determined by the Building Official. The total cost of such repairs or alterations may not exceed 50 percent of the replacement cost of the nonconforming structure. However, improvements required to reinforce an unreinforced masonry structure shall be permitted without replacement cost limitations, provided that such retrofitting is strictly limited to compliance with current earthquake safety standards.
(c)
Interior Modifications. Changes to interior partitions or other nonstructural improvement(s) and repair(s) may be made to nonconforming structures provided that, over any consecutive five year period, the total cost of the
desired improvement(s) or repair(s) does not exceed 50 percent of the replacement cost of the structure. For the purpose of these provisions, the replacement cost shall be determined by the City Manager or his/her designee.
(d)
New Structures. Any new structure constructed on a lot or parcel with an existing legal nonconforming structure shall be constructed in conformance with all applicable provisions of this Chapter. However, in no case may a new nonresidential structure be constructed on the same lot as an existing legal nonconforming residential structure.
(e)
Abatement of nonconforming structures posing a threat to the public health, safety and general welfare. A structure which is nonconforming because of a violation or deficiency that poses a threat to the public health, safety or general welfare, as determined by the Building Official, and which fails to resolve, repair or improve such, or to fully mitigate the hazard involved, shall be abated, condemned or demolished upon the issuance by the City of a nuisance abatement, condemnations or demolition order.
(f)
Conversion of nonconforming residential structures located within industrial zoning districts. A nonconforming residential structure located within an industrial zoning district shall not be converted to accommodate an industrial land use.
(g)
Nonconforming single-family residential structures. In addition to the requirements of subsections (a) through (f), above, nonconforming single-family residential structures shall be subject to the following:
(1)
None of the provisions of this Chapter shall require the termination, discontinuance or removal or so as to prevent the expansion, modernization, repair, maintenance, alteration, reconstruction or rebuilding and continued singlefamily residential use of buildings intended for such, located within a residential district, and deemed nonconforming solely due to current zoning regulations, and provided that any alteration or enlargement shall itself be fully conforming;
(2)
A single-family dwelling with a nonconforming side yard setback, which is added to, extended or enlarged, may continue such nonconforming setback, provided that the addition, extension or enlargement maintains a side yard setback equal to or greater than the existing side yard setback, but no less than 5 feet, and is no greater than 15 feet in height.
(Ord. No. 2388, § 3, 3-19-19)
Sec. 16-3.05.050: - Nonconforming signs
A sign lawfully existing at the time an ordinance codified in this Development Code became effective, any portion of which does not comply with the requirements of Article 22 (Signs) of this Chapter, is deemed a "nonconforming sign." A nonconforming sign may continue to exist, subject to the following:
(a)
A sign which presents a hazard to public safety, as determined by the City, shall be removed upon the issuance of a cease and desist order by the City;
(b)
A nonconforming sign may not be altered, enlarged, extended, or moved, except in conformity with the requirements of Article 22 (Signs) of this Chapter, or as otherwise required by law;
(c)
Where a use or a structure associated with a nonconforming sign is abandoned or discontinued, any sign associated with a new use of the site shall be in full conformity with the requirements of Article 22 (Signs) of this Chapter; and
(d)
A nonconforming sign that is destroyed by any means, to the extent of greater than 50 percent of its replacement value as determined by the Building Official, may be restored and the nonconforming sign resumed, provided that restoration is started within 12 months and diligently pursued to completion, and provided further that the Zoning Administrator, after holding a duly noticed public hearing, finds that continuing the nonconforming sign will not result in an annoyance to and/or reduction of any surrounding property.
(e)
In considering whether the nonconforming sign results in annoyance to and/or reduction of any surrounding property, the Zoning Administrator shall consider the following:
(1)
The number of additional nonconforming signs on the property;
(2)
Whether the nonconforming sign(s) impede visibility toward other conforming signs on this and adjacent properties;
(3)
The extent to which the nonconforming sign(s) contribute to sign clutter in the surrounding area; and
(4)
The extent to which such nonconforming sign(s) provide the property and/or use with its only means of identification.
Sec. 16-3.05.060: - Nonconforming sites ¶
(a)
A lot or parcel that is not in compliance with the site development standards prescribed by the regulations of the zoning district in which the lot or parcel is located, including area, coverage, configuration, dimensions, parking, landscaping, screen walls, fences and enclosure trash receptacles, is deemed a "nonconforming site," provided such lot or parcel was lawfully created and existing at the time the ordinance codified in this Development Code, which created the nonconformity, became effective.
(b)
A lot or parcel that is nonconforming as to minimum area or dimension shall be granted all development rights and uses of the zoning district within which it is located.
(c)
A lot or parcel that is nonconforming as to landscaping, parking standards, screen walls, fences and enclosure of trash receptacles, shall be altered to comply with the district regulations covering the subject standards:
(1)
As a condition of any subsequent site plan or Conditional Use Permit approval; or
(2)
Within 20 years after the site became non-conforming, as directed by the City Council when found to be injurious or detrimental to the public health, safety and welfare.
(Ord. No. 2448, § 5(Exh. B), 2-6-24)
Sec. 16-3.05.070: - Abatement of nonconforming uses, structures, signs and sites
Whenever a use, structure, site or sign becomes nonconforming because of a change of zoning district boundaries or a change of the regulations prescribed for the district in which the site is located, the period of time prescribed in this Code for the abatement period for the elimination of the use, the removal of the structure or sign, or the improvement of the lot or parcel shall begin on the effective date of the change of district boundaries or regulations.