Article 23-1 — GENERAL PROVISIONS

For the purpose of promoting and protecting the public health, safety, and welfare of the people of the City of Villa Park, to safeguard and enhance the appearance and quality of development of the City, and to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources, a zoning chapter establishing classifications of zones and regulations within those zones is hereby established and adopted by the City Council. The adoption of this zoning chapter shall not affect any ordinance the provisions of which are not included in this chapter.

Sec. 23-1.2. - Private Agreements.

The provisions of this chapter are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this chapter.

Sec. 23-1.3. - Existing Law Continued and Repeal of Conflicting Ordinances.

a.

The provisions of this zoning chapter, insofar as it is substantially the same as provisions of existing ordinances relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

b.

Whenever the provisions of this chapter impose more restrictive regulations upon buildings or structures and the use of them or the use of lands or premises and require larger open spaces or yards or setbacks

than are imposed or required by other ordinances, the provisions of this chapter or rules or regulations promulgated thereunder shall govern.

ARTICLE 23-2. - ESTABLISHMENT OF ZONES

Sec. 23-2.1. - Division of City into Zones.

In order to classify, regulate, restrict and separate the use of land, buildings and structures to regulate and to limit the type, height, and bulk of buildings and structures in the various districts and to regulate the areas of yards and other open areas abutting and between buildings and structures and to regulate the density of population, the City is hereby divided into the following zones:

a.

Residential Zones.

1.

E-4—Single Family Residential Estate Zone

2.

R-1—Single Family Residential Zone

b.

Commercial Zone.

1.

C-N—Commercial Neighborhood Zone

2.

C-P—Commercial Professional Zone

c.

Special Purpose Zone.

1.

PC—Planned Community Zone

2.

OS—Open Space Zone

d.

Overlay Zone

AC—Architectural Supervision

(Ord. #2016-604, § 2)

Said several zones and boundaries of said zones and each of them are hereby established and adopted as shown, delineated and designated on the "Official Zoning Map" of the City of Villa Park, Orange County, California, which map, together with all notations, references, data, zone boundaries and other information thereon, is made a part hereof and is adopted concurrently herewith.

Sec. 23-2.3. - Filing of Zoning Map.

The original of the official zoning map shall be kept on file with the City Clerk and shall constitute the original record.

Sec. 23-2.4. - Changes to the Zoning Map.

Changes in the boundaries of the zones shall be made by ordinance and shall be reflected on the official zoning map.

Sec. 23-2.5. - Clarification of Ambiguity.

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this section, or if ambiguity exists with respect to matters of height, yard requirements or zone boundaries as set forth herein, it shall be the duty of the City Council to ascertain all pertinent facts and by resolution set forth the findings and the interpretations; and, thereafter, such interpretation shall govern.

ARTICLE 23-3. - EFFECTS OF ZONING REGULATIONS

Sec. 23-3.1. - Application of Provisions.

The provisions of this chapter governing the use of land, buildings, and structures, the size of yards abutting buildings and structures, the height and bulk of buildings, the density of population, the number of dwelling units per acre, standards of performance and other provisions hereby are declared to be in effect upon all land included with the boundaries of each and every zone established by this chapter.

Sec. 23-3.2. - Buildings Under Construction.

Any building for which a building permit has been issued under the provisions of earlier ordinances of the City which are in conflict with this chapter, and on which substantial construction has been performed by integration of materials on the site before the effective date of this chapter, may nevertheless be continued and completed in accordance with the plans and specifications upon which the permit was issued.

Sec. 23-3.3. - Approved Tract Maps or Parcels Maps.

Any approved tentative tract map or tentative parcel map which has been approved pursuant to the provisions of earlier ordinances of the City and which is in conflict with this chapter may nevertheless be

continued and completed in accordance with the provisions of its approval provided it is completed within the time limit in effect at the time of its approval and provided it complies with all other ordinances and laws in effect at the time of its approval. Final tract maps may be approved pursuant to this section and building and other permits may be issued for any lots created pursuant to this section consistent with such approval.

Sec. 23-3.4. - Cannabis-Related Uses, Commercial Cannabis Activities, Deliveries, and Cultivation Prohibited.

a.

Prohibition. As outlined below, all cannabis-related or medical cannabis-related uses, including dispensaries, cultivation, deliveries, and all other commercial cannabis activities for which a state license is required under the MMRSA or AUMA are prohibited in all zones throughout the City. Accordingly, the City shall not issue any permit, or process any license or other entitlement for any cannabis- or medical cannabis-related use or any other activity for which a State license is required under the MMRSA.

1.

Cannabis-Related Uses. All cannabis-related uses, including but not limited to cooperatives, deliveries, and dispensaries, are expressly prohibited in all zones and all specific plan areas in the City, regardless of whether the cannabis is used for medicinal purposes, for recreational use, or whether such uses qualify as commercial cannabis activities under the MMRSA. No person shall establish, operate, conduct, permit or allow any cannabis-related use anywhere within the City.

2.

Medical Cannabis Uses. All medical cannabis-related uses, including but not limited to cooperatives, cultivation, dispensaries, and deliveries, are expressly prohibited in all zones and all specific plan areas in the City, regardless of whether such uses qualify as commercial cannabis activities under the MMRSA. No person shall establish, operate, conduct, permit or allow any medical cannabis-related use anywhere within the City.

3.

Commercial Cannabis Activities. All commercial cannabis activities, including but not limited to cooperatives, dispensaries, cultivation, and deliveries, are expressly prohibited in all zones and all specific plan areas in the City. No person shall establish, operate, conduct, permit or allow a commercial cannabis activity anywhere within the City.

4.

Cannabis Deliveries. All deliveries of cannabis and medical cannabis are expressly prohibited in the City. No person shall conduct any deliveries of cannabis or medical cannabis that either originate or terminate at any location within the City.

Cannabis Cultivation. Subject to the exception below, the cultivation of cannabis or medical cannabis, regardless of whether for commercial, non-commercial purposes, or recreational purposes and including cultivation by a qualified patient or primary caregiver, is expressly prohibited in all zones and all specific plan areas in the City. For indoor cultivation of recreational cannabis, the ban on cultivation extends as far as legally permissible under the AUMA. Indoor cultivation allowed pursuant to the AUMA shall not be visible or apparent other than on the subject property, shall not constitute a health or safety issue, and shall not impact neighboring properties. To the extent allowed by law, no person, including but not limited to a qualified patient or primary caregiver, shall cultivate any amount of cannabis or medical cannabis in the City, regardless of whether or not the cannabis or medical cannabis is intended to be used for medical purposes or otherwise qualifies as commercial cannabis activities under the MMRSA.

b.

Public Nuisance. Any use or condition cause, or permitted to exist, in violation of any provision of this Section 23-3.4 shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure Section 731 or any other remedy available at law.

c.

Civil Penalties. In addition to any other enforcement permitted by any provision of the Villa Park Municipal Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this Chapter. In any civil action that is brought pursuant to this Chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

(Ord. #2015-597, § 3; Ord. #2016-603, § 5)

Editor's note— Ord. #2015-597, § 3, adopted January 26, 2016, amended § 23-3.4 in its entirety to read as herein set out. Former § 23-3.4, pertained to medical marijuana dispensaries prohibited, and derived from Ord. #2010-552.

Sec. 23-3.5. - Short-term rentals.

a.

Prohibition. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration.

b.

Advertising of short-term rentals prohibited. No person or entity shall maintain any advertisement of a short-term rental prohibited under section 23-3.5.

(Ord. #2018-612, § 2)

ARTICLE 23-4. - ENFORCEMENT

Sec. 23-4.1. - Enforcement by City Officials.

The City Council, the City Attorney, the City Manager, the Building Official, the City Clerk and all officials charged with the issuance of licenses or permits, shall enforce the provisions of this chapter. Any permit, certificate, or license issued in conflict with the provisions of this chapter shall be void.

(Ord. #82-323, § 23)

Sec. 23-4.2. - Actions Deemed a Nuisance.

Any building or structure erected or maintained or any use of property contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance per se.

Sec. 23-4.3. - Remedies.

All remedies concerning this chapter shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, and shall not prevent the enforced correction or removal thereof.

ARTICLE 23-5. - DEFINITIONS

"Abut" shall mean adjoining at or along a common lot line, or corner except where such common lot line is located in a public street right-of-way.

"Accessory Building" shall mean a subordinate building, located on a building site, the use of which is incidental to the main building or the use of the land on the same building site.

"Accessory Use" shall mean a use customarily incident and accessory to the principal use of the land or building site or to a building or other structure located on the same building site as the accessory use.

"Activity" shall mean a business establishment with direct access to a parking lot or public right-of-way and under separate management from any other business establishment within the same building.

"Actual Construction" shall mean the actual placing of construction materials in their permanent position fastened in a permanent manner; except that where a basement is being excavated, such excavation shall be deemed to be actual construction or where demolishing or removal of an existing building or structure has been started preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, providing, in all cases that actual construction work be diligently carried on until the completion of the building or structure involved.

"Administrative Office" shall mean a place of business for the rendering of service or general administration, but excluding retail sales.

"Advertise" or "Advertisement" means any written or oral publication, dissemination, solicitation or circulation which is intended to directly or indirectly induce any person to enter into an agreement for the rental of a single-family in violation of this section or the applicable provisions of the City of Villa Park

Municipal Code. This definition includes, but is not limited to mailings, print advertisements, Internet listings, e-mail publications or other oral, printed or electronic means.

"Alley" shall mean a public or private way not more than twenty (20) feet wide permanently reserved as a secondary means of access to abutting property.

"Alteration" shall mean any change of copy, color, size, shape, illumination, position, location, construction, or supporting structure.

"Ambient Noise Level" shall mean the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

"Animal Clinic" shall mean a place where animals no larger than the largest breed of dogs are given medical or surgical treatment. A facility primarily for treatment of out-patients and where only short-time critical patients are kept longer than twenty-four (24) hours. No boarding of animals shall be permitted.

"Antenna" shall mean a system of wires, poles, booms, elements, rods, reflecting discs, ground plane radials, and similar devices capable of being used for the transmission and/or reception of electromagnetic waves.

"Attached" shall mean the physical sharing of a common wall between two (2) enclosed, habitable structures.

"AUMA" shall mean the Adult Use of Marijuana Act approved as Proposition 64 by the voters of the State of California on November 8, 2016.

"Automobile Service Station" shall mean a retail place of business engaged primarily in the sale of motor fuels and supplying only those incidental goods which are required to in the day-to-day operation of automotive vehicles and the fulfilling of motorist needs.

"Balcony Facia" shall mean area below second floor and above door height of ground floor on the front of a two-story building.

"Basement" shall mean a story partly underground and having more than half of its height above the ground level grade.

"Boarding House" or "Rooming House" shall mean a building used to provide lodging for compensation, either with or without meals.

"Borrow Site" shall mean an area used for the extraction of material in an amount in excess of five thousand (5,000) cubic yards.

"Boutique" shall mean an accessory use within a dwelling unit for the sale of handmade crafts and wares on a temporary basis.

"Breezeway" shall mean an open walkway between two (2) otherwise detached structures, not exceeding twelve (12) feet at the ridgeline and fifteen (15) feet in length in which a primary residential structure is connected to a detached garage or garage/workshop.

"Building" shall mean a permanent or portable structure having either an open lattice roof or fully covered roof supported by columns or walls.

"Building Area" shall mean the total floor area of a building measured to the exterior face of the perimeter walls. Total building area shall include all buildings on the site and shall include, but not be limited to: Principal and accessory-use structures, garages, carports, guest houses, pool houses, and storage buildings. Courtyards which are enclosed on all sides shall be calculated as building area for each story by which they are enclosed on all sides. Building areas which exceed the allowable height limit for one-story buildings shall be calculated as an additional story of floor area.

"Building Height" shall mean the vertical distance measured from the average existing grade, previously approved grade, or from the averaged level of the finished ground surface within four (4) feet adjacent to the subject building, to the highest point of the building, whichever is most restrictive. Exception: This requirement shall not be construed to restrict the height of chimneys which are constructed to comply with the minimum requirements of the Uniform Building Code.

Exception: This requirement shall not be construed to restrict the height of chimneys which are constructed to comply with the minimum requirements of the Uniform Building Code.

"Building Line" shall mean an imaginary line on a building site specifying the closest point from an ultimate right-of-way line or a property line where a main building may be located. It may be a line shown as such on a map entitled "Precise Plan of Highway Alignment" or any other officially adopted precise plan, and any amendments thereto. If not such precise plan has been adopted, the building line shall be a line as specified in general requirements of section 23-6.7. The building line shall be at the required distance from, and the measured at right angles to, the ultimate right-of-way line or property line.

"Building Official" shall mean the Building Official of the City of Villa Park.

"Building Site" shall mean a legally created parcel, or contiguous parcels of land in single or joint ownership; which provides the area and the open spaces required by this Chapter, exclusive of all rights-ofway and all easements that prohibit the surface use of the property; which abuts a street or waterway; and which has a minimum of twenty (20) continuous feet of vehicular and pedestrian access to a street or alley having a right-of-way width of not less than twenty (20) feet.

"Building Site Area" shall mean the area computed by deducting from the gross site area any ultimate street rights-of-way together with all rights-of-way and all easements that prohibit the surface use of the site in question.

"Building Site Coverage" shall mean the relationship between the gross building areas of the building or buildings, including the area of courtyards enclosed on all sides, and the net area of the site. Said net site area shall be computed by deducting from the gross site area any ultimate street rights-of-way together with all rights-of-way and all easements for vehicular use that prohibit the surface use of the site in question. Site coverage shall be determined by the greater perimeter of all stories in a building. Swimming pools and lattice patio covers which are at least fifty (50) percent open, do not exceed twelve (12) feet in height, and are open on all sides except where attached to the main structure, shall not constitute buildings for the purpose of this definition.

"Building Site, Panhandle or Flag" shall mean a building site with access to a street by means of a corridor or accessway which is not less than twenty (20) feet nor more than forty (40) feet in width.

"Building Site, Through" shall mean a building site having frontage on two (2) parallel or approximately parallel streets.

"Business" or "Commerce" shall mean the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood; the ownership or management of office buildings; maintenance and use of offices by professions and trades rendering services.

"Cannabis" shall mean all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" further includes any edible or consumable product infused with any part of the above-referenced cannabis plants. "Cannabis" also means "marijuana" as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. The term "Cannabis" shall also have the same meaning as set forth in Business and Professions Code § 19300.5(f), as may be amended from time to time.

"Caregiver" or "Primary Caregiver" shall have the same meaning as set forth in Health and Safety Code § 11362.7, as may be amended from time to time.

"Carport" shall mean a fully roofed building or a portion of a building, open on two (2) or more sides primarily for the parking of automobiles belonging to the occupants of the property.

"Cellar" shall mean a portion of a building partly or wholly underground and having more than one-half of its height below the ground level grade. A cellar shall not be considered a story.

"Centerline" shall mean a line as described in the first situation that applies in the following instances:

a.

A section line, half section line, or quarter section line whenever a mapped highway is platted on the "Master Plan of Arterial Highways" along a section, half section, or quarter section line.

b.

A line shown as a centerline on a map entitled "Precise Plan of Highway Alignment," and any amendments thereto.

c.

A line shown as a centerline on a recorded tract map, an approved record of survey map, or a parcel map.

d.

A line in the center of the ultimate street right-of-way.

"City" shall mean the City of Villa Park.

"City Attorney" shall mean the City Attorney of the City of Villa Park.

"City Engineer" shall mean the City Engineer of the City of Villa Park.

"City Manager" shall mean the City Manager of the City of Villa Park.

"Clinic, Medical" shall mean an organization of doctors providing physical or mental health service and medical or surgical care of the sick or injured but shall not include in-patient or overnight accommodations.

"Club" shall mean an association of persons for some common purpose but not including groups organized primarily to render service which is customarily carried on as a business.

"Commercial" shall mean operated or carried on primarily for financial gain.

"Commercial Cannabis Activity" shall have the same meaning as set forth in Business and Professions Code § 19300.5(j), as may be amended from time to time, or any activity pertaining to medical or recreational marijuana.

"Commercial Coach" shall mean a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes.

"Commercial District" shall mean the inclusion of the CN-AC District.

"Commercial Recreation" shall mean any use or development either public or private, providing amusement, pleasure, or sport; which is operated or carried on primarily for financial gain.

"Communication Equipment Building" shall mean a building housing operating mechanical or electronic switching, and microwave receiving equipment of a telephone or similar communication system and personnel necessary for operation of such equipment.

"Community Facility" shall mean a noncommercial use established primarily for the benefit and enjoyment of the population of the community in which it is located.

"Condominium" shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential or commercial building on such real property such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property.

"Cooperative" shall mean two (2) or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available marijuana, with or without cultivation.

"Council" shall mean the City Council of the City of Villa Park.

"County" shall mean the County of Orange.

"County Recorder" shall mean the County Recorder of the County of Orange.

"Court Surface" shall mean the area of a lot established for recreational court purposes. The court surface may or may not be paved, or marked by permanent boundaries.

"Cultivation" or "Cultivate" shall have the same meaning as set forth in Business and Professions Code § 19300.5(k), as may be amended from time to time.

"Cut off" shall mean a light source is cut off at the point where neither the light source nor its image from a reflecting fixture is directly visible.

"Cumulative Period" shall mean an additive period of time composed of individual time segments which may be continuous or interrupted.

"Decibel (dB)" shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base 10 of this ratio.

"Delivery" shall have the same meaning as set forth in Business and Professions Code § 19300.5(m), as may be amended from time to time.

"Density" shall mean the total number of dwelling units permitted on an acre of land exclusive of all existing public streets and rights-of-way.

"Detached" shall mean the physical separation of six (6) feet or greater between structures and eighteen (18) inches or greater between minor structures. Where there are wall openings (windows and/or doors) on adjacent walls of two (2) structures used for residential occupancy on the same lot, such structures shall be separated by a distance of not less then ten (10) feet.

"Detached Patio" shall mean a patio structure that is physically separated by a minimum of two (2) inches or greater between structures.

"Directory" shall mean a sign identifying the name and location of tenants of a single building.

"Dispensary" shall have the same meaning set forth in Business and Professions Code § 19300.5(n), as may be amended from time to time. For purposes of this Chapter, Dispensary shall also include a cooperative. Dispensary shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care facility for persons with chronic life threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.

"Driveway" shall mean a vehicular passageway for the exclusive use of the occupants of a property and their guests. A driveway shall not be considered as a street.

"Dwelling, Multiple-Family" shall mean a permanent building containing two (2) or more dwelling units.

"Dwelling, Single-Family" shall mean a permanent building containing one (1) dwelling unit.

"Dwelling Unit" shall mean one (1) or more rooms and a single kitchen, designed for occupancy by one (1) family for living and sleeping purposes.

"Easement" shall mean a recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over said land.

"Educational Institution" shall mean private or public schools, colleges or universities qualified by the State Board of Education to give general academic instruction.

"Electric Distribution Substation—Local" shall mean an assemblage of equipment which is part of a system for the distribution of electric power which electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general local customer use.

"Electric Transmission Substation" shall mean an assemblage of equipment which receives, transforms and distributes electric energy where electric energy is received at very high voltage and transformed to lower subtransmission voltage for distribution to large individual consumers, other power-producing agencies or local electric distribution substations.

"Exterior Property Line" shall mean a property line abutting a public or private street.

"Family" shall mean an individual or two (2) or more persons living together as a single housekeeping unit in a single dwelling unit.

"Fence" shall mean any type of fence, walls used as fences, screens, hedges and thick growths of shrubs or trees but does not include windbreaks for the protection of orchards or crops.

"Floor Area, Gross" shall mean the total horizontal area, in square feet, including the exterior walls of all floors of a structure.

"Floor Area Ratio" shall mean the numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land.

"Front Yard Area" shall mean the area from the front property line to the primary residence, to include the required front yard setback.

"Garage, Private" shall mean a building, or a portion of a building, used primarily for the parking of automobiles belonging to the occupants of the property. All private garages shall be accessible and usable for the purpose for which built.

"General Plan" shall mean the General Plan of the City of Villa Park and shall consist of the General Plan Map and Report adopted by the City Council.

"Grade, Ground Level" shall mean the average level of the finished ground surface within four (4) feet adjacent to the subject building.

"Grade, Natural" shall mean the natural grade prior to excavation unless superceded by an approved tract map.

"Guest House" shall mean a detached building not exceeding twelve hundred (1,200) gross square feet of floor space having no kitchen facilities, which is used primarily for sleeping purposes for members of the family occupying the main dwelling and their nonpaying guests.

"Habitable Room" shall mean any room meeting the requirements of the Uniform Building Code, as adopted by the County of Orange, for sleeping, living, cooking or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, and similar spaces.

"Home Occupation" shall mean an occupation conducted as an accessory use within a dwelling unit.

"Junk" shall mean any worn-out, cast-off or discarded article or material.

"Kennel" shall mean any property where four (4) or more dogs or four (4) or more cats over the age of four

(4) months are kept or maintained for any purpose except for veterinary clinics and hospitals.

"Key Lot" shall mean any lot where the side property line abuts the rear property line of one (1) or more lots and where said lots are not separated by an alley or any other public way.

"Lot" shall mean any numbered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land or parcel map, or any parcel shown on the County Assessor's book as being a separate parcel.

"Lot, Corner" shall mean a lot located at the intersection or interception of two (2) or more streets at an angle of not more than

one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an "Interior Lot".

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

"Lot Line, Exterior" shall mean a lot line abutting a public or private street.

"Lot Line, Front" shall mean on an interior lot, the front lot line is as established for the main building.

"Lot Line, Interior" shall mean a lot line not abutting a street.

"Lot Line, Rear" shall mean a lot line which is not a front or side lot line.

"Lot Line, Side" shall mean any lot line which intersects a front lot line and does not have an angle point within the line that is less than one hundred fifty (150) degrees. In no event shall a side lot line have more than one (1) angle point.

"Lot, Panhandle or Flag" shall mean a lot with access to a street by means of a corridor or accessway which is not less than twenty (20) feet nor more than forty (40) feet in width.

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

"Lot, Through" shall mean a lot having frontage on two (2) dedicated parallel or approximately parallel streets.

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

"Mast" shall mean any structure or device with a circumference less than five (5) inches which is affixed to the ground, or attached to a building and is used to support an antenna.

"Master Plan of Arterial Highways" shall mean an element of Villa Park's General Plan designating adopted and proposed routes for all commuter, secondary, primary, and major highways within the City.

"Master Plan of Drainage" shall mean an engineering report outlining the drainage facilities needed for the proper development of a specific increment of the City and duly adopted by the City Council.

"Medical Cannabis" shall have the same meaning as set forth in Business and Professions Code § 19300.5(af), as may be amended from time to time.

"Medical Marijuana Regulation and Safety Act" or "MMRSA" shall mean and refer to the following three bills signed into law on October 9, 2015 as the same may be amended from time to time: AB 243, AB 246, SB 643.

"Minor Structures and Mechanical Equipment" shall mean trash enclosures, storage sheds or playhouses less than one hundred twenty (120) square feet, doghouses, play equipment, fountains, enclosed water heaters, barbecues, garden walls, air conditioners, pool filters, vents and other similar structures and mechanical equipment greater than six (6) inches in height.

"Natural Grade" shall be defined as the elevation of the grade prior to any proposed changes or construction. It may either be the contours of undisturbed soil or the contours established by an approved tract map and/or grading plan.

"Noncommercial" shall mean an enterprise or activity which is not normally conducted for profit or gain and which is of a type not normally conducted for profit or gain.

"Nonconforming Exterior Lighting" shall mean exterior lighting for recreational courts installed prior to April 20, 1975, and which is in conflict with Article 23-18 of the zoning chapter.

"Nonconforming Sign" shall mean a sign which was validly installed under laws or ordinances in effect prior to the effective date of this Chapter or subsequent revisions, but which is in conflict with the provisions of this Chapter.

"Nonconforming Structure" shall mean a lawfully established building or structure that does not conform to the regulations of this Code, or is designed for a use that does not conform to the regulations of this Code, for the district in which it is located, either at the effective date of this Code or as the result of subsequent amendments to this Code.

"Nonconforming Use" shall mean the lawfully established use of a building, structure or land that does not conform to the use regulations of this Code for the district in which it is located, either at the effective date of this Code or as the result of subsequent amendments to this Code.

"Parking Area, Private" shall mean an area, other than a street, designed or used primarily for the parking of private vehicles and not open to general public use.

"Parking Area, Public" shall mean an area, or other than a private parking area or street, used for the parking of vehicles and available for general public use, either free or for remuneration.

"Parking Area, Restricted" shall mean an area used for parking vehicles on a semipermanent basis and not available to the general public for hourly or day-to-day parking.

"Planning Director" shall mean the City Manager of the City of Villa Park.

"Precise Plan of Highway Alignment" shall mean a plan, supplementary to the Master Plan of Arterial Highways, which establishes the highway center line, the ultimate right-of-way lines, and may establish building setback lines.

"Preliminary Landscaping Plan" shall mean a plan indicating the approximate location, size, type of plant materials and ground cover to be located in the yards and other open areas of a property development.

"Preliminary Plan for the Control and Disposal of All Waters Flowing Into, Across or From a Development" shall mean a plan which includes, but is not limited to the following:

a.

The location of any existing watercourses, channels, storm drains, culverts, or other drainage facilities affecting the property.

b.

The location of any proposed drainage facilities and any proposed drainage easements affecting the property.

c.

The drainage area tributary to the property and a statement setting forth in detail but not quantitatively the manner in which waters will enter the property, the manner in which they will be carried through the property, and the manner in which proper disposal beyond the boundary of the property will be assured.

"Premises" shall mean a lot or a building site, or a specified portion of a lot or building site, that contains the structures and the open spaces needed for the location, maintenance, and operation of the use of the property.

"Professional Office" shall mean a place of business for any of the following only: accountants, architects, attorneys, bookkeeping services, brokers (stocks and bonds), building designers, doctors, dentists, optometrists, oculists, chiropractors, chiropodists, others licensed by the State of California to practice the healing arts, drafting services, financial institutions (including banks, savings and loan associations, credit unions and credit reporting agencies), engineers, surveyors and planners, insurance agencies and brokers, interior decorators and designers (no retail sales allowed on premises), laboratories (medical and dental), landscape architects, pharmacies (sale of drugs and medicines by prescription only), notaries public, public stenographers, typing and secretarial services.

"Public Utility Booster Station" shall mean a structure and the equipment needed for boosting current or pressure along public utility service or supply lines.

"Public Utility Service Yard" shall mean any buildings or premises used for the office, warehouse, storage yard or maintenance of a public utility including microwave repeater or receiving stations when

incorporated as part of the service yard use.

"Qualifying Patient" or "Qualified Patient" shall have the same meaning as set forth in Health and Safety Code section 11362.7 as may be amended from time to time.

"Recreational Court" shall mean a planned area at, above, or below existing ground level in which recreational activities relating to physical competition are conducted. It is generally a quadrangular space marked off for playing one (1) or more various games with a ball or other object. This includes, but is not limited to, tennis, paddle tennis, badminton, basketball and volleyball. A swimming pool is not considered a recreational court.

"Residential Zones" shall mean the following zones: E-4 Single-Family Residential Estate and R-1 SingleFamily Residential.

"Retail" shall mean the selling of goods, wares or merchandise directly to the ultimate consumer.

"Riding and Hiking Trails" shall mean a trail or way designed for and used by equestrians, pedestrians, and cyclists using non-motorized bicycles.

"Right-of-Way" shall mean an area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.

"Satellite Receiving Antenna" shall mean any dish-shaped antenna designed to receive direct satellite signals.

"Satellite Receiving Antenna Diameter" shall be measured by the line bisecting the dish-shaped antenna extending from the outer edge on one side to the outer edge on the opposite side.

"Setback Area" shall mean the area between the building line and the property line or, when abutting a street, the ultimate right-of-way line.

"Setback Distance" shall mean the distance between the building line and the property line or when abutting a street, the ultimate right-of-way line.

"Shopping Center" shall mean a commercial center, or group of commercial establishments, planned, developed, managed, and maintained as a unit; with common off-street parking provided to serve all uses on the property.

"Short-term Rental" means the use of any dwelling unit or portion thereof where residential uses are allowed, for a period of less than thirty (30) consecutive days in exchange for compensation, financial or otherwise.

"Sign" shall mean any medium for visual communication, including its structure and component parts, which is used or intended to be used to attract attention to an activity for identification or advertising purposes.

"Sign Area" shall mean the area included within the outer dimensions of a sign. In the case of "skeleton letters" or other signs placed on a wall without any border, the area shall be the inscribed area.

"Sign Copy" shall mean any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign with the purpose of attracting attention to the subject matter.

"Sign, Directly Lighted" shall mean a sign which has light cast on the surface from an interior source.

"Sign, Exterior" shall mean any sign, whether or not contained within a building, that is readily visible from without a building and used or intended to be used to attract attention to an activity for identification, information or advertising purposes.

"Sign, Illegal" shall mean any sign placed without proper City approval and/or permits as required by this Code at the time said sign was placed. "Illegal sign" shall also mean any nonconforming sign which has exceeded its authorized amortization period.

"Sign, Illuminated" shall mean any sign in which an artificial source of light is used.

"Sign, Interior" shall mean any sign located within a building and is not used or intended to be used to attract attention from the exterior of the building.

"Sign, Permanent" shall mean any exterior sign used or intended to be used for a period in excess of thirty (30) days.

"Sign, Permanent Window" shall mean any lettering attached to the interior of the frontage glass for the purpose of identifying hours and emergency telephone numbers.

"Sign, Professional Service, Door/Wall Plaque" shall mean any engraved metal plaque attached to the entrance door or the wall adjacent to an entrance to identify professional offices.

"Sign, Roof" shall mean a sign erected between the lowest and highest points of the roof.

"Sign, Temporary Window" shall mean any temporary lettering, posters or signs attached to the interior of the frontage glass of an activity.

"Sign, Wall" shall mean any sign which is attached or erected on the exterior wall of a building with the exposed face of the sign parallel to said wall.

"Site Plan" shall mean a plan, prepared to scale, showing accurately and with complete dimensioning all of the uses proposed for a specific parcel of land, including but not limited to elevations, grading and landscaping.

"Slope" shall mean a natural or artificial incline, as a hillside or terrace. Slope is usually expressed as a ratio. For example, a horizontal distance of one hundred (100) feet with a rise of fifty (50) feet would be expressed as a 2:1 slope.

"Small diameter satellite receiving antenna" shall mean any dish-shaped satellite receiving antenna that is one meter or less in diameter designed to receive direct satellite signals.

"Spa" shall mean the same as "swimming pools."

"State" shall mean the State of California.

"Story" shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.

"Story, First," shall mean the lowest story in a building which qualifies as a story, as defined herein, except that a floor in a building having only one (1) floor level shall be classified as a first story, provided such floor level is not more than four (4) feet below grade as defined herein, for more than fifty (50) percent of the total perimeter, or not more than eight (8) feet below grade, as defined herein, at any point.

"Street" shall mean a public or private vehicular right-of-way other than an alley.

"Structural Alterations" shall mean any change in the supporting members of a building or structure.

"Structure" shall mean anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs. A structure shall include anything defined as a structure under the Uniform Building Code and shall include tents, tent canopies, shade covers, awnings, and other freestanding structures of a similar nature.

"Supplemental Shielding" shall mean supplemental light shielding which shall be an attachment to the lighting fixture not extending more than one (1) foot from the fixture in any direction.

"Support Pole" shall mean the structure which is utilized to support one (1) or more light fixtures.

"Supportive housing" shall mean housing with no limit on the length of stay, that is occupied by the target population, as defined by Section 65582(g) of the Government Code, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible work in the community. Supportive housing is a residential use of property that is subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

nked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible work in the community. Supportive housing is a residential use of property that is subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

"Swimming Pool" shall mean an artificial body of water having a depth in excess of eighteen (18) inches, designed, constructed and used for swimming, dipping or immersion purposes by men, women or children.

"Temporary Outdoor Merchandise Display" shall mean the sale or display of goods outside of the premises that is limited to no more than two days per calendar week."

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

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

"Tower" shall mean any structure or device with a circumference greater than five (5) inches which is affixed to the ground, or attached to a building, and is used to support an antenna.

"Transitional Housing" shall mean buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to

another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months from the beginning of the assistance. Transitional housing is a residential use of property that is subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

"Ultimate Right-of-Way" shall mean the right-of-way shown as ultimate on an adopted precise Plan of Highway Alignment; or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded PC Development Plan. The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way in the case of a private street, and the existing right-of-way, but not less than fifty (50) feet, in the case of a public street.

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

"Vehicular Accessway" shall mean a private, nonexclusive vehicular easement affording access to abutting properties.

"Visual Obstruction" shall mean any fence, hedge, tree, shrub, wall or structure exceeding three and onehalf (3½) feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways, which limit the visibility of persons in motor vehicles on said streets, alleys or driveways. This does not include trees kept trimmed of branches below a minimum height of seven (7) feet.

al Obstruction" shall mean any fence, hedge, tree, shrub, wall or structure exceeding three and onehalf (3½) feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways, which limit the visibility of persons in motor vehicles on said streets, alleys or driveways. This does not include trees kept trimmed of branches below a minimum height of seven (7) feet.

"Wing Wall" shall mean an architectural feature in excess of six (6) feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building.

"Yard" shall mean the area between the property line and the main structure.

"Yard Sale" or "Garage Sale" shall mean an accessory use within a Residential Zone for the sale of miscellaneous personal property by an owner or occupant of a dwelling unit within such zone.

"Zone" shall mean a zoning district established by this Chapter which has been given a particular designation governing its use and specific development.

"Zone, Change of" shall mean the legislative act of removing one (1) or more parcels of land from one zoning district and placing them in another zoning district on the official zone map of the City.

"Zone Map" shall mean the official zone map of the City of Villa Park which is a part of the zoning chapter.

"Zoning Administrator" shall mean the City Manager of the City of Villa Park.

"Zoning Ordinance" shall mean the zoning chapter of the City of Villa Park.

(Ord. #85-343, § 1; Ord. #86-353, § 1; Ord. #88-368, § 1; Ord. #88-378, § 2; Ord. #91-394, §§ 1, 2; Ord. #93-418, § 1; Ord. #95-431, § 1; Ord. #96-439, § 1; Ord. #2002-482, §§ 1, 2; Ord. #2005-514, § 1; Ord. #2010-552, § 4; Ord. #2011-559, § 4; Ord. #2015-97, § 4; Ord. #2016-603, § 4; Ord. #2016-604, § 3; Ord. #2018-612, § 3)

ARTICLE 23-6. - E-4 SINGLE-FAMILY RESIDENTIAL ESTATE AND R-1 SINGLE-FAMILY RESIDENTIAL ZONE REGULATIONS

Sec. 23-6.1. - Purpose and Intent.

The E-4 Zone is established to provide for the development of medium-low density single-family residential neighborhoods in which open spaces and deep setbacks predominate. The R-1 Zone is established to provide for the development of medium-density single-family residential neighborhoods. Only those additional uses are permitted that are complementary to, and can exist in harmony with, a residential neighborhood.

Sec. 23-6.2. - Principal Uses Permitted.

Any of the following principal uses:

a.

Single-family dwellings (one (1) per building site);

b.

Parks and playgrounds, public and private (noncommercial);

c.

Riding and hiking trails;

d.

Horticulture of all types (noncommercial); and

e.

Emergency shelters.

(Ord. #2012-567, § 2; Ord. #2016-604, § 4)

Sec. 23-6.3. - Principal Uses Permitted Subject to a Conditional Use as Provided in Article 23-19.

Any of the following principal uses:

a.

Communication equipment buildings;

b.

Community television receiving and distribution systems;

c.

Educational institutions;

d.

Public utility and public service substations, reservoirs, pumping plants and similar installations not including public utility offices;

e.

Fire, paramedic and police stations;

f.

Microwave radio and television relay transmitters;

g.

Natural gas booster stations;

h.

Private water pumping stations;

i.

Noncommercial kennels;

j.

Public libraries;

k.

Sewage lift stations;

l.

Recreational courts in compliance with the regulations provided in Article 23-17;

m.

Wholesale nurseries and related uses;

n.

Accessory buildings and structures necessary and customarily incidental to a principal use permitted in residential zones in compliance with the regulations provided in section 23-6.10.

(Ord. #98-451, § 1; Ord. #99-466, § 1; Ord. #2012-567, § 3)

Sec. 23-6.4. - Temporary Uses Permitted in Compliance with the Regulations Provided in Article 23-6 or Article 23-11.

a.

Model homes, model home sales complex, temporary real estate offices, and signs within subdivisions;

b.

Mobile home residence during construction;

c.

Continued use of an existing building during construction of a new building on the same building site;

d.

Real estate signs;

e.

Christmas tree sales facilities;

f.

Fireworks sales facilities;

g.

Animal husbandry or agricultural educational projects.

Sec. 23-6.5. - Accessory Uses Permitted.

Any of the following customary uses and structures:

a.

Detached private garages and carports, in compliance with the regulations provided in section 23-6.10.

b.

Swimming pools and spas, in compliance with the regulations provided in section 23-6.12.

c.

Fences and walls, in compliance with the regulations provided in sections 23-25.5 and 23-6.13.

d.

Home occupations in compliance with the regulations provided in Article 23-14.

e.

Antennae and towers in compliance with the regulations provided in section 23-6.8.

f.

Exterior lighting in compliance with the regulations provided in Article 23-17.

g.

Detached accessory buildings in compliance with the regulations provided in section 23-6.10.

h.

Signs in compliance with the regulations provided in Article 23-16.

i.

Accessory uses, buildings and structures necessary and customarily incidental to a principal use permitted in residential zones in compliance with the regulations provided in section 23-6.10.

j.

Accessory dwelling units in compliance with Article 23-22.

k.

Temporary stands for the sale of horticultural products grown or produced on the premises where sold upon the following conditions:

1.

The stand shall not be in place for a period of more than one hundred and twenty (120) days in any one calendar year.

2.

The floor area of the stand shall not exceed one hundred (100) square feet.

3.

The stand shall be exclusively of wood frame type construction.

4.

The owner shall remove such stand at his expense when it is not in use.

5.

No stand shall be less than twenty (20) feet from the right-of-way line of any street or highway.

l.

Fallout shelters may be located on any portion of the building site, provided that:

1.

The shelter is constructed in accordance with plans approved by the Building Official, and as such used only during an actual or imminent enemy attack by nuclear device, or during a practice test of same authorized and conducted by the proper public authorities; and

2.

If the shelter is located in the front one-half of the lot, it shall be entirely under the unmounded ground surface, except for such openings as required by the approved plans; and

3.

No shelter shall be constructed within the ultimate right-of-way of any highway shown on the Master Plan of Arterial Highways.

m.

Any other accessory use or structure permitted by and in compliance with the regulations provided in subsection 23-6.10.

(Ord. No. 95-431, § 2; Ord. #2018-608, § 2; Ord. #2023-629, § 2)

Sec. 23-6.6. - Accessory Uses Permitted Subject to a Conditional Use Permit as Provided in Article 23-19.

Any other accessory use or structure not expressly permitted in subsection 23-6.5 may be permitted subject to a conditional use permit as provided in Article 23-19.

Sec. 23-6.7. - Property Development Standards: Residential Zones.

The following property development standards shall apply to all land and buildings other than accessory buildings, permitted in their respective residential zones. Each building site shall have a minimum twenty (20) foot wide vehicular access to a street with the exception of panhandle flag lot sites which shall have minimum twenty (20) foot wide vehicular access to a street.

1 All newly created E-4, Single-Family Residential lots shall be a minimum of 20,000 square feet in size. 2 Lots that are located within the E-4, Single-Family Residential Estates zone that are less than 8,000 to 16,999 square feet in size, shall comply with the appropriate R-1, Single-Family Residential zone development standards.

In computing the depth of a rear setback from any building where such setback opens on an alley, private street or public park, one-half of the width of such alley, street or park may be deemed to be a portion of the rear setback, except that under this provision, no rear setback shall be less than fifteen (15) feet.

(Ord. #88-375; Ord. #91-395, § 1; Ord. No. 2000-473, § 1; Ord. #2002-482, § 3; Ord. #2004-503, § 1; Ord. #2013-580, § 2; Ord. #2017-606, § 2; Ord. #2019-614, § 2; Ord. #2019-615, §§ 2, 3)

Sec. 23-6.8. - Performance/Standards: Residential Zones.

a.

Pets in Residential Zones. In all residential zones, the keeping of pets of a type readily classifiable as being customarily incidental to a permitted principal residential use is permitted when no commercial activity is involved in compliance with this section.

b.

Temporary Animal Husbandry or Agricultural Educational Project. A temporary agricultural or animal husbandry activity or project conducted primarily for educational purposes or school credits shall be permitted in any residential zone, as well as those areas designated for residential, and use within a PCPlanned Community Zone, subject to the following conditions:

1.

The issuance of a use permit approved by the Zoning Administrator as provided in Article 23-19.

2.

Said use permit shall not be granted for a period of time exceeding two (2) years from the date of final determination of the application.

3.

The fee for the use permit shall be as provided by ordinance or resolution of the City Council.

c.

Equine Animals. The keeping of equine animals for recreational purposes only is hereby permitted provided no equine shall be permitted on a building site containing less than ten thousand (10,000) square feet of land area. The number of equine kept for noncommercial purposes is established as follows:

Lot square footage relates to that which is owned or leased contiguous land in the aggregate. The maximum number of adult equine for any one (1) building site shall be six (6). The offspring of such animals shall be considered adults when eight (8) months old.

d.

Wild and Exotic Animals. The keeping of wild, exotic or nondomestic animals shall be prohibited in all R Zones.

e.

Antennae and Towers in R Zones. In all R Zones, antennae and support masts and/or towers may be installed, erected and maintained subject to the following regulations:

1.

An antenna supported by a mast, the combined height of which when extended to its maximum height does not exceed twenty (20) feet above the highest part of the roof of the main buildings, provided that the antenna length, width, and height are not greater than fifteen (15) feet by ten (10) feet by five (5) feet, or

2.

An antenna with a single vertical radiating element attached to a mast, the combined height of which extended to its maximum height is less than twenty-five (25) feet above the highest point of the roof of the main building with each ground plane radial not exceeding ten (10) feet in length located at the base of the vertical radiating element.

3.

The location of any antenna and mast or tower on the property shall be restricted so that if the antenna and mast or tower were to fall down when extended to its maximum extension, it would fall completely within the property of the antenna owner and could not possibly fall on any other property not owned by the antenna owner or on any overhead power line.

f.

Lighting. Lighting in all R Zones designed or maintained primarily for security or safety may be operated twenty-four (24) hours a day provided that the lighting is designed, constructed, mounted and maintained so that the direct rays of the light are directed to the interior of the lot and do not extend beyond the property lines of the lot and that the individual bulbs used for such security lighting shall not exceed sixty (60) watts.

g.

Satellite Receiving Antennas and Small Diameter Satellite Receiving Antennas.

1.

Purposes. Consistent with federal mandates specified in 47 C.F.R. 25.104, these regulations are designed to provide local regulation of satellite receiving antennas and small diameter satellite receiving antennas in order to protect the health, safety, and welfare of the people of the City by regulating the size, height, location, and amount of screening placed around satellite receiving antennas. These standards foster the City's safety and aesthetic interests without imposing unreasonable limitations on, or preventing the reception of, satellite-delivered radio and television signals, or imposing excessive costs on applicants seeking to install satellite receiving antennas or small diameter satellite receiving antennas.

2. Findings:

(a) The City Council of the City of Villa Park finds and declares that local regulation of satellite receiving antennas is necessary for the following reasons:

(i) Villa Park is a premier residential community. The aesthetic beauty of the residential areas in the City contributes to high property values and has helped to establish the City as a desirable community in which to live. Failure to maintain the aesthetic beauty of the community would lessen the desirability of the community and result in lower property values. The land use policies in the general plan and zoning ordinances of the City of Villa Park seek to enhance the aesthetic quality of the City's residential neighborhoods. These policies are to be implemented, in part, through the ordinances which, to the maximum extent permitted by law, regulate or restrict the placement of satellite receiving antennas and other visually obtrusive objects.

(ii) Satellite receiving antennas differ from other antennas in that their size, shape, weight and overall bulk tend to more dramatically disrupt the visual environment than other telecommunications equipment because: (1) they significantly impact the views of the surrounding community; (2) they create the impression of a reduction in open space; and (3) their appearance is inconsistent with the character and aesthetics of the residential neighborhoods in the City.

(iii) Satellite receiving antennas present a safety hazard to the community if placed in an improper location. Satellite receiving antennas placed at an elevated location are susceptible to strong winds and may be blown loose and cause injuries. Satellite receiving antennas, if improperly located, could reduce views from public streets and alleys or cause significant glare from reflected sunlight and create significant risks to motorists and pedestrians. Satellite receiving antennas, if located to be easily accessible and visible to children, may act as an attractive nuisance and tempt children to pay with sensitive electronic equipment.

(b) The City Council of the City of Villa Park finds and declares that local regulation of small diameter satellite receiving antennas is necessary for the following reasons:

(i) In addition to their unsightly appearance, small diameter satellite receiving antennas present a health and safety hazard to the community if placed in an improper location. Small diameter satellite receiving antennas placed at an elevated location are susceptible to strong winds and may be blown into public streets. Small diameter satellite receiving antennas, if improperly located, could reduce views of public streets and alleys or cause significant glare from reflected sunlight and create substantial risks to motorists and pedestrians. Small diameter satellite receiving antennas, if located to be easily accessible and visible to children, may act as an attractive nuisance.

3. Required Criteria and Performance Standards for Satellite Receiving Antennas. The following regulations shall apply to the establishment, installation, and operation of satellite receiving antennas in all R zones:

(a) No portion of a satellite receiving antenna or supporting structure shall be located in any front yard, street side yard, or extend beyond the property line. No satellite receiving antenna shall be located in any required setback area. A satellite receiving antenna shall be located in the rear one-half of the building site. However, if the rear of the building site borders a public street or park, the satellite receiving antenna shall be located in the middle one-third of the lot as measured from the front property line to the rear property

line. Guy wires shall not be anchored within any front yard area but may be attached to a building on the property upon which the satellite receiving antenna is to be located.

(b) All satellite dish antennas, including support structures, and wiring shall be completely screened from the view of adjacent properties or from public/private roadways through the use of walls, fences and/or landscape materials.

(c) A satellite receiving antenna and supporting structures shall be located and designed to minimize the visual impact to surrounding properties and public streets. A satellite receiving antenna and supporting structures shall not be painted in reflective or bright colors, or in color(s) with high contrast to the surrounding area, and shall be treated so as not to reflect glare from sunlight.

(d) A satellite receiving antenna shall be adequately grounded for protection against a direct strike of lightning.

(e) No more than one satellite receiving antenna shall be permitted on a building site.

(f) No advertising material shall be allowed on any satellite receiving antenna.

(g) The maximum satellite receiving antenna diameter permitted shall be ten (10) feet.

(h) The maximum height of a satellite receiving antenna shall be fifteen (15) feet as measured from the highest point of the circumference or extension of the satellite receiving antenna to grade level.

(i) No satellite receiving antenna shall be mounted on the roof, top, or side of any building. All satellite receiving antennas shall be placed at ground level. "Ground level" shall mean that the bottom of the receiving antenna shall be no more than twelve (12) inches off the ground.

(j) All satellite receiving antennas shall be permanently mounted and no antennas may be installed on a portable or movable structure.

4. Required Criteria and Performance Standards for Small Diameter Satellite Receiving Antennas. Notwithstanding any provisions in this section to the contrary, small diameter satellite receiving antennas may be installed and operated in the additional following locations in all R zones if the following criteria and performance standards are met:

(a) Small diameter satellite receiving antennas may be roof-mounted. All roof-mounted small diameter satellite receiving antennas shall be mounted on the rear one-half of the building site or the rear one-half of the building that is farthest from the front property line. However, if the rear of a building site borders a public street or park, the small diameter satellite receiving antenna shall be located in the middle one-third of the lot as measured from the front property line to the rear property line. If mounted on a sloping roof, the small diameter satellite receiving antenna must be mounted on the side of the roof which faces the rear of the property, on the lower two-thirds of the roof plane to which it is attached, and below the roof ridge or peak. Roof-mounted small diameter satellite receiving antennas shall not exceed the height limit for the zone.

(b) Small diameter satellite receiving antennas may be mounted on the side of a structure. The antenna must face the rear or side yard and not intrude into any setback area.

Except as set forth in this section, all provisions in section 23-6.8, subsection 3., applicable to satellite receiving antennas shall apply to small diameter satellite receiving antennas.

5. Permits.

(a) Satellite receiving antennas or small diameter satellite receiving antennas are permitted in all R zones if the applicant obtains a building permit from the Building Official and the structure's design is pursuant to the Uniform Building Code. Satellite receiving antennas and small diameter satellite receiving antennas that do not conform to the development standards in section 23-6.8, subsections 3. or 4., respectively, require the applicant to additionally obtain a conditional use permit subject to the requirements of Villa Park Municipal Code section 23-19.

(b) Any person requesting a conditional use permit for the placement of a satellite receiving antenna or small diameter satellite receiving antenna shall submit an application in accordance with the requirements of section 23-19.5, and shall supplement the required application with the following:

(i) Detailed plans showing the proposed location of the antenna in relation to the main buildings or structures on the property, the property lines, the property setback lines, and the adjoining properties' buildings or structures;

(ii) A statement of the reasons why strict conformance with the development standards specified in section 23-6.8, subsection 3. or 4. will: (1) unreasonably limit, or prevent, reception of satellite signals; or (2) result in excessive expense in light of the cost of purchase and installation of the satellite receiving antenna or small diameter satellite receiving antenna.

(c) The City shall approve a conditional use permit for any satellite receiving antenna or small diameter satellite receiving antenna if strict compliance with the development standards in section 23-6.8, subsection 3. or 4., either: (1) will result in unreasonable limitations on, or prevent, reception of satellite delivered signals; or (2) the cost of strict compliance with the development standards would be excessive.

ve a conditional use permit for any satellite receiving antenna or small diameter satellite receiving antenna if strict compliance with the development standards in section 23-6.8, subsection 3. or 4., either: (1) will result in unreasonable limitations on, or prevent, reception of satellite delivered signals; or (2) the cost of strict compliance with the development standards would be excessive.

(d) In the event the applicant demonstrates that strict compliance would unreasonably restrict or prevent reception of signals, or result in excessive costs, the City shall issue the permit subject to any conditions necessary or appropriate to minimize the impact of the installation of the antenna, provided the conditions do not unreasonably prevent or limit reception of signals or result in excessive costs.

6. Nonconforming Satellite Receiving Antennas. Satellite receiving antennas and small diameter satellite receiving antennas in existence as of the effective date of this section shall be considered legal and nonconforming. Nonconforming satellite receiving antennas and small diameter satellite receiving antennas may be modified, relocated, or replaced only if they are brought into compliance with the provisions of this section, unless the modification, relocation, or replacement is necessary to permit reasonable use of the antenna and, in such an event, a conditional use permit is obtained prior to any such modification, relocation, or replacement. Any satellite receiving antenna or small diameter satellite receiving antenna erected in violation of any prior law, ordinance or regulation in effect at the time it was erected is a public nuisance subject to abatement under the procedures set forth in the Villa Park Municipal Code section 6-1.

7. Separability. If any section, subsection, sentence, clause, or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall

not affect the validity of the remainder of the section.

h. Landscaping. Except for driveways, paved walkways and parking areas, all of the required front and street-side setback areas shall be landscaped. In single-family residential zones, driveways, paved walkways and parking areas shall not cover more than fifty (50) percent of the required front or street-side setback areas. Any pervious or semi-pervious surface which is part of or within a driveway or parking area shall not be considered to be landscaping. All required landscaping shall be permanently maintained in a neat and orderly condition. Residential properties and lots must provide landscaping with the following minimum standards:

1.

Front yards shall be landscaped with softscape in conjunction with hardscape material, which includes lawn (grass or turf), and a combination of shrubs, trees, ground cover, plant materials, and mulch recognized within the American Standards for Nursery Stock, published by the American Association of Nurserymen.

(a)

Natural lawn and turf may be substituted with a durable synthetic turf or artificial grass. Said grass and turf shall be installed in a professional manner that allows water to permeate and pass through the turf so as not to cause runoff onto adjacent properties or the public right-of-way, or cause flooding or pooling of water. Synthetic turf or artificial grass shall be maintained in a condition that resembles its natural counterpart.

(b)

Hardscape shall refer to the permanent, man-made features of a landscape design made of stone, rock, pavers, or like material. Hardscape areas that do not permeate water, such as cement, or similar material, shall not be credited toward the fifty (50) percent landscape requirement.

2.

Vacant as well as owner and renter occupied properties must be kept to these performance standards. Conditions must be weed-free, and free of dirt mounds, building materials, grass clippings, or other "fill" material.

3.

Rear yards must be maintained free of weeds and overgrown plants and shrubs that may constitute a fire hazard, as determined by the Fire Marshal or any assigned designee. Installation of softscape, hardscape, or xeriscape is recommended for rear yards, but not required.

i.

Garage Doors. Generally, street-facing garage doors occupy a major portion of a residence's ground floor façade and can have a significant impact on the overall appearance of the structure, as well as the streetscape in a neighborhood. In order to minimize the visual impacts of the garage doors, care should be taken in selecting a design and style that is well-integrated into the architectural motif of the residence.

Garage doors that are eight (8) feet, one (1) inch in height or more, are subject to a conditional use permit, pursuant to the provisions of Article 23-19, and the following minimum design guidelines:

1.

Should visually relate to the overall architectural design of the residence.

2.

Should be from the same paint color palette used for the residence.

3.

Articulation and ornamentation is encouraged to provide visual interest for the residence and to the streetscape. This can be accomplished with color accents and architectural features and treatments, including, but not limited to pediments, moldings, overhangs and recessing of the doors.

4.

Sectional, paneled garage doors are strongly encouraged.

(Ord. #85-343, § 2; Ord. #86-349, § 1; Ord. #91-394, § 3; Ord. #95-427, § 1; Ord. #96-439, § 2; Ord. #2002482, §§ 4, 5; Ord. #2010-551, § 2; Ord. #2019-614, § 3)

Sec. 23-6.9. - Signs: R Zones.

No sign or outdoor advertising structure shall be permitted in any R Zone except as provided in subsections 23-11.1 and 23-16.5.

Sec. 23-6.10. - Accessory Uses: R Zones.

a.

Detached Private Garage, Carport and Accessory Building; Height. A detached private garage, carport or accessory building shall not exceed one (1) story or a maximum of fifteen (15) feet in height.

b.

Detached Private Garages, Carports and Accessory Buildings; Construction and Placement. The construction or placement of detached private garages, carports and accessory buildings on any building site used for residential purposes in E-4 and R-1 Zones shall conform to the regulations set forth below and in Schedule I, except as otherwise specified in this Chapter.

1.

Detached private garages, carports and accessory buildings may be constructed or placed in any portion of a building site in an E-4 or R-1 Zone except within the following areas:

(a)

Within the ultimate right-of-way, as defined, shown as existing on the Master Plan of Arterial Highways or within the ultimate right-of-way, as defined, or any local or private street;

(b)

Within the setback area established by the provisions of this Chapter or by the designation of a building line on a precise plan of highway alignment or an official zoning map.

2.

Application for Conditional Use Permit. A conditional use permit is required for any accessory building or structure in excess of fifteen (15) feet in height, necessary and customary or incidental to a principal use permitted in residential zones and not otherwise exempt by law, and shall be filed in accordance with the provisions of Article 23-19 of Chapter XXIII.

3.

Administrative Approval. Any accessory building or structure fifteen (15) feet in height or less, necessary and customary or incidental to a principal use permitted in residential zones and not otherwise exempt by law, or covered by other provisions of this Chapter, may be approved by the City Manager after site plan review for conformity with the provisions of this Chapter.

4.

Attachment to Primary Structure. If any detached private garage, carport or accessory building is subsequently sought to be attached to a primary structure, it must either conform to all regulations for the primary structure or approval must first be obtained by a conditional use permit, in accordance with Article 23-19 of Chapter XXIII.

(See Schedule I.)

(Ord. #99-459, § 1; Ord. #99-466, § 2; Ord. #2013-580, § 2)

Schedule I. Detached Private Garages, Carports and Accessory Buildings; Distances From Certain Lot Line

*In no event shall a detached accessory building be placed within a front yard, or side or rear yard abutting a street, easement or front yard of an adjoining lot when the yard does not have a screening fence or landscape screening to conceal it from view.

(See Samples in Appendix)

(Ord. #2004-498, § 1; Ord. #2004-501, § 1)

Sec. 23-6.11. - Reserved.

Editor's note— Ord. #2024-632, §1, adopted Aug. 27, 2024, repealed § 23-6.11, which pertained to walls and fences: R Zones and derived from Ord. #86-353, § 1; Ord. #96-438, § 1; Ord. #2003-494, § 1; and Ord. #2009-545, § 1.

Sec. 23-6.12. - Swimming Pools.

Swimming pools may be located on any portion of a building site except within those areas where fences and walls are limited to a maximum height of three and one-half (3½) feet as specified in the zone regulations or in subsection 23-25.5 or within three (3) feet of any property line or ultimate right-of-way line.

==> picture [381 x 579] intentionally omitted <==

Subject and Adjacent Property with Wall on Adjacent Property

==> picture [366 x 579] intentionally omitted <==

Subject and Adjacent Property with P.L. Agreement

Sec. 23-6.13. - Swimming Pool Enclosures.

a.

Enclosure Required. Every person in possession of land within the City, either as owner, purchaser under contract, lessee, tenant, licensee, or otherwise, upon which is situated a swimming pool or other out-of-

doors body of water designed, constructed and used for swimming, dipping or immersion by men, women, or children, having a depth in excess of eighteen (18) inches, shall maintain in good condition an enclosure or fence of any material or design, except as hereinafter provided substantially constructed, not lower than five (5) feet in height above the surface of the ground measured vertically from the outside grade and completely surrounding such a pool or body of water.

b.

No opening between vertical members of a wood, metal picket, stake or other fence shall exceed five (5) inches between members. No opening between horizontal members of a wood, metal or other fence shall exceed two (2) inches between members. If a fence combining vertical and horizontal members meets either the vertical or horizontal requirements of this subsection, it shall be deemed to meet the requirements of this subsection.

EXCEPTION: Chain link and masonry type fences are excepted from the provisions of this subsection.

c.

All enclosures and gates shall extend to within two (2) inches of firm soil or within four (4) inches of pavement.

d.

Gates, Doors and Latches. All gates or doors opening through a swimming pool enclosure shall be equipped with a self-closing and self-latching device designed to keep such door or gate securely closed at all times when not in actual use. The unlocking or unlatching device shall be located not less than five (5) feet above grade or steps at the gate or door measured vertically outside the enclosed area. This shall include any passage door or gate opening from an accessory building, such as a garage.

EXCEPTIONS:

1.

The unlocking or unlatching device may be located on the inside of the enclosure at less than the required five (5) feet in height, when not openable from the outside of the enclosure.

2.

Self-closing and self-latching devices shall not be required on doors leading from a dwelling unit into the pool area.

3.

Double gates installed across vehicular accessways shall be self-closing and shall be equipped with a latching device which may be manually operated. Such gates shall be securely closed at all times when not in actual use.

e.

Approval. Plaster inspection or approval to fill the pool with water shall be withheld by the Building Official until there has been compliance with all fencing and other requirements of this subsection.

f.

Fence Maintenance. Any pool enclosed by a fence which does not meet the requirements of this subsection shall be drained immediately and shall not be refilled until such time as the enclosure fence is brought into compliance with all provisions of this Code.

g.

Modification. Following written requires by the owner, the Building Official may modify or eliminate the foregoing requirements where, in the judgment of the Building Official, local conditions afford protection equivalent to that outlined in this subsection. The Building Official may require that evidence or proof in the form of affidavits or otherwise be submitted to substantiate or justify such requests and may apply reasonable conditions to insure ultimate compliance with this Code in the event of a change of conditions.

Sec. 23-6.14. - Building Site Requirements.

No building permit or certificate of use and occupancy shall be issued for a building or use of land until the Building Official has verified by official records that the parcel of land upon which such building or use of land is to be established is a building site.

a.

Any parcel of land that was established as a building site either by subdivision, division of land, deed of conveyance, contract of sale, or in any other legal manner; and which met all of the applicable requirements of all of the City and County ordinances in effect at the time of recordation in the office of the County Recorder shall be considered a building site.

b.

The creation of any building site shall conform to the following requirements:

1.

The building site shall be of sufficient size to meet the minimum area requirements for the zoning district in which it is located.

2.

Except as otherwise provided, those easements whose primary purpose is to provide vehicular or pedestrian access to other property shall not be included in calculating the width or area of the building site, and when a building site is divided by such an easement only the resultant portions which meet the applicable zone regulations shall be used as building sites.

3.

That portion of a panhandle or flag building site that is used for access purposes and is under forty (40) feet in width shall not be used in calculating the area of the building site.

The building site shall have continuous abutment upon a street, road, highway or waterway of not less than twenty (20) feet and right of vehicular access for a continuous width of not less than twenty (20) feet upon a street or alley having a right-of-way width of not less than twenty (20) feet.

Sec. 23-6.15. - Establishing Zone-Symbols for Building Site Requirements.

In any zone the minimum required building site area or width may be different from that set forth in the regulations of the zone if so specified on the zoning map. Such specifications shall be shown in the following manner:

a.

A number preceding and connected by a hyphen with the zone symbol shall designate the minimum required building site width in feet.

Example: 100-E4

b.

A number following and connected by a hyphen with the zone symbol shall designate the minimum required building site area. Where the number is greater than one hundred (100), it shall indicate the net area in square feet; where the number is less than one hundred (100) it shall indicate the net area in net acres.

Example: E4-20,000

Sec. 23-6.16. - Building Site Reduced by Acquisition for Public Use.

a.

If a portion of building site containing no structures is acquired for public use by condemnation, dedication, purchase or any other means, the status of the remainder of the building site shall be determined as follows:

1.

If such remainder has eighty (80) percent or more of the required area and width, such remainder shall constitute a building site.

2.

If such remainder has less than eighty (80) percent but not less than fifty (50) percent of the required area or width, or both, but otherwise meets all of the requirements for a building site, the public agency concerned may file an application for a variance, whether or not the acquisition has been completed, to establish if such remainder shall constitute a building site.

A property owner may apply for a variance at any time to establish the status of such remainder.

b.

If a portion of a building site improved with structures is acquired for public use by condemnation, dedication, purchase or any other means, the status of the remainder of the building site shall be determined as follows:

1.

If such remainder has eighty (80) percent or more of the required area and width, such remainder shall constitute a building site.

2.

If such remainder has less than eighty (80) percent but not less than fifty (50) percent of the required area or width, or both, but otherwise meets all of the requirements for a building site, the public agency concerned may file an application for a variance, whether or not the acquisition has been completed, to establish if such remainder shall constitute a building site.

3.

If such remainder has yards or distances between buildings which have eighty (80) percent or more of the depth or width, or both, required for each of such spaces, they shall constitute the required spaces.

4.

If such remainder has yards or distances between buildings which have less than eighty (80) percent but not less than sixty (60) percent of depth or width, or both, required for each of such spaces, the public agency concerned may file an application for a variance, whether or not the acquisition has been completed, to establish if such spaces shall constitute the required spaces.

Furthermore, the public agency concerned may file an application for a variance, whether or not the acquisition has been completed, to establish yards or distances, between buildings associated with structures to be relocated, consisting of less than eighty (80) percent but in no event less than sixty (60) percent of the depth or width, or both, required for such space.

5.

A property owner may apply for a variance at any time to establish the status of such remainders.

c.

Any conflict with the requirements of the zoning regulations other than those inherent in preceding paragraphs a. and b., caused by acquisition for public use by condemnation, dedication, purchase or any other means, shall be subject to approval by the Zoning Administrator as provided for in Article 23-20.

Sec. 23-6.17. - Determination of Building Site Width.

In any residential zone when a minimum building site width is required, such required width shall be determined by measuring the distance between the sidelines of the building site along a line parallel to a straight line joining the foremost points of the side property lines, and twenty (20) feet, at the closest point, from the ultimate street right-of-way line. However, in the case of a panhandle building site or a building site not abutting a street or alley and gaining access by an easement, the width of the building site shall be determined by measuring the distance across the building site along a straight line in any direction.

In any zone other than a residential zone, when a minimum building site width is required such required width shall be determined by measuring the distance between the points of intersection of the side property lines with the ultimate front street right-of-way.

Sec. 23-6.18. - Building Line Regulations for Main Buildings and Structures.

Main buildings and structures may be constructed or placed on any portion of a building site except within the following areas:

a.

Within the ultimate right-of-way, as defined, shown as existing on the Master Plan of Arterial Highways or within the ultimate right-of-way, as defined, of any local or private street;

b.

Within the setback area established by the designation of a building line on a precise plan of highway alignment or an official zoning map;

c.

Within the setback area designated by the applicable zoning regulations, unless otherwise specified.

The building line shall be as designated on the official zoning map. If no such line is specified, the building line shall be at the designated distance from the ultimate right-of-way line, as defined, or the property line; as designated by the applicable zone regulations.

Sec. 23-6.20. - Exceptions to Building Lines Cited in Zone Property Development Standards.

The building line may be located closer to the property line or the ultimate street right-of-way line than the setback distance required by the Zone Development Standards, when otherwise specified by, and in compliance with, the regulations provided in subsections 23-6.21 and 23-6.22.

Sec. 23-6.21. - Building Line on Panhandle Building Site.

In the case of a panhandle building site, the building lines shall be set back a minimum of ten (10) feet from any property line, except as otherwise specified in this section.

Sec. 23-6.22. - Building Line on Shallow Building Site.

When a building site has an average depth of one hundred (100) feet or less but more than seventy-five (75) feet, any required front and rear building line setbacks need not be more than twenty (20%) percent of such average depth; and when a building site has an average depth of seventy-five (75) feet or less, any required front and rear building line setbacks need not be more than fifteen (15%) percent of such average depth, but in no event shall any required front or rear building line setback be less than five (5) feet.

Sec. 23-6.23. - Building Line on Narrow Building Site.

When a building site has an average width of less than fifty (50) feet, any required building line setback from the interior side property lines need not be more than ten (10%) percent of such average width but in no event less than three (3) feet.

Sec. 23-6.24. - Balconies, Decks, Porches, Terraces, Exterior Steps and Exterior Stairways.

Balconies, decks, porches, terraces, exterior steps in excess of thirty (30) inches in height, and exterior stairways, unroofed and unenclosed, may project not more than three (3) feet into any required side setback area or the distance required between buildings on the same building site and not more than five (5) feet into a required front or rear setback area, but in no event shall such balconies, decks, porches, terraces, exterior steps, or exterior stairways be closer than two (2) feet to any side property line or three (3) feet to any front or rear property line of a building site, when projecting into any required setback area.

Sec. 23-6.25. - Eaves, Cornices, Canopies and Cantilevered Roofs.

For main structures, eaves, cornices, canopies or cantilevered roofs may project a maximum of forty (40%) percent into any required side setback and twenty-five (25%) percent into any required front or rear setback, and forty (40%) percent into the space required between buildings on the same building site, but in no event shall such eaves, cornices, canopies, or cantilevered roofs be closer than two (2) feet to any front, side, or rear line of the building site when projecting into a required setback area.

into any required side setback and twenty-five (25%) percent into any required front or rear setback, and forty (40%) percent into the space required between buildings on the same building site, but in no event shall such eaves, cornices, canopies, or cantilevered roofs be closer than two (2) feet to any front, side, or rear line of the building site when projecting into a required setback area.

For accessory structures, eaves, cornices, canopies or cantilevered roofs may project a maximum of thirty (30") inches into any required setback area. Accessory structures shall include, but not be limited to, detached private garages, carports, pool houses, sheds, and other similar accessory buildings.

(Ord. #2002-482, § 6)

Sec. 23-6.26. - Chimneys, Fireplaces, Wing Walls and Other Minor Architectural Features.

Masonry chimneys, fireplaces, wing walls and other minor architectural features, may project into any required front, side or rear setback area a maximum of two (2) feet.

Sec. 23-6.27. - Additional Story.

Where the average slope of a lot on the downhill side of a street is greater than one foot fall in four (4) feet of horizontal distance from the established street elevation at the front property line, an additional story will be permitted on the downhill side of any permitted main building which is on the downhill side of the street upon which the building site fronts.

Sec. 23-6.28. - Minor Structures and Mechanical Equipment.

Minor Structures and Mechanical Equipment such as trash enclosures, storage sheds or playhouses less than one hundred twenty (120) square feet, doghouses, play equipment, fountains, enclosed water heaters, barbecues, garden walls, air conditioners, pool filters, vents and other similar structures and mechanical equipment greater than six (6) inches in height shall not be located in any required setback in a residential area except as provided below:

a.

Minor structures and equipment less than six (6) inches in height, as measured from adjacent finished grade, may be located in any required front, side or rear setback;

b.

Minor structures and mechanical equipment exceeding six (6) inches in height, as measured from adjacent finished grade, may be permitted within any interior side or rear setback area by the Planning Director, through a site plan review application; provided, that no significant adverse impacts will result and provided that:

1.

Noise levels from mechanical equipment do not exceed fifty (50) dBA as measured from the closest property line;

2.

No part of any minor structure or mechanical equipment, exceeds six (6) feet in height as measured from adjacent finished grade;

3.

If located within a rear setback area that abuts a public or private street, the minor structure or mechanical equipment is not visible from the public or private street;

4.

No part of any mechanical equipment, including but not limited to pool/spa equipment and air conditioning/heating equipment, extends within three (3) feet of the property line; and

5.

No part of any minor structure extends within three (3) feet of the property line. However, minor structures (not mechanical equipment) may be allowed to abut the side or rear property line; provided, that the minor structure:

(a)

Is placed adjacent to an existing solid wall;

(b)

Does not exceed the maximum height of the adjacent solid wall, up to a maximum of six (6) feet;

(c)

Is less than one hundred twenty (120) square feet in size; and

(d)

Is located a minimum of three (3) feet from an adjacent structure.

(Ord. #2002-482, § 7)

Sec. 23-6.29. - Standards for Solar Energy Systems; Approval Process.

a.

Purpose.

1.

The purpose of this section is to create an expedited, streamlined permitting process for small residential rooftop solar energy systems, in accordance with California Civil Code Section 714 and California Government Code Section 65850.5.

2.

It is also the purpose of this section to promote and encourage the use of solar energy systems and to limit obstacles to their use, in accordance with the standards adopted by the City pursuant to this section and State law, while allowing the City to protect the public health and safety.

3.

It is hereby declared that in any instance where the provisions of this section conflict with any applicable State law or regulation, such State law or regulation shall govern.

b.

Definitions. The following definitions shall govern the meaning of words and phrases used herein:

1.

"Checklist of Requirements for Small Residential Rooftop Solar Energy Systems" or "Checklist" means the rules, regulations, guidelines, and checklist adopted by resolution of the City Council that sets forth implementing and additional requirements for small residential rooftop solar energy systems consistent with Section 65850.5 of the Government Code.

2.

"Director" means the director of the City's planning department, or successor City official or department responsible for the implementation of this section, as may be identified from time to time, in the Checklist of Requirements for Small Residential Rooftop Solar Energy Systems.

3.

"Electronic Submittal" means the utilization of one or more of the following:

a.

E-mail,

b.

The internet,

c.

Facsimile.

4.

"Small Residential Rooftop Solar Energy System" means all of the following:

a.

A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

b.

A solar energy system that conforms to all applicable state fire, 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 re-designated from time to time.

c.

A solar energy system that is installed on a single or duplex family dwelling.

d.

A solar panel or module array that does not exceed the maximum legal building height.

5.

"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.

6.

"Specific, Adverse Impact" means a significant, quantifiable, direct, unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

c.

Applicability. This section applies to the permitting of all small residential rooftop solar energy systems, as defined herein, in the City. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this section are not subject to the requirements stated herein, unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

d.

Development Standards. In addition to the Checklist of Requirements for Small Residential Rooftop Solar Energy Systems, the following standards shall apply to each small residential rooftop solar energy system:

1.

Solar energy systems shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Section 65850.5 of the Government Code.

2.

Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

3.

The City Manager may from time to time revise the Checklist of Requirements for Small Residential Rooftop Solar Energy Systems as long as any revisions are consistent with the most recently adopted resolution of the City Council adopting the Checklist, and are consistent with Section 65850.5 of the Government Code.

4.

The Checklist of Requirements for Small Residential Rooftop Solar Energy Systems shall be made available to the public during regular business hours at the Office of the City Clerk and by posting the Checklist on the City's web site.

d.

Application; Documents and Requirements. All documents required for the submission of an expedited solar energy system application shall be made available on the City's website. The applicant may submit the permit application and associated documentation to the City's planning department in person or by electronic submittal, together with any required permit processing and inspection fees. For electronic submittal, the City shall accept an electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant to the extent permitted by law and to the extent such electronic submittal complies with the requirements set forth in this section and the Checklist of Requirements for Small Residential Rooftop Solar Energy Systems.

e.

Review. Review of the application to install a solar energy system shall be limited to an expedited administrative, nondiscretionary review by the planning department of whether the application meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety. If the Planning Director makes a finding based on substantial evidence, that a solar energy system could have a specific, adverse impact upon the public health and safety, the City may require the applicant to apply for a conditional use permit or other applicable license or permit.

f.

Approval Requirements.

1.

An application that satisfies the requirements of this section and the Checklist of Requirements for Small Residential Rooftop Solar Energy Systems shall be deemed complete upon confirmation by the Planning Director that the application and supporting documents are complete and meet the requirements of this section and the Checklist. Upon the Director's determination that an application is complete, the City's planning department shall approve the application and, in conjunction with the Building Department, issue all required permits or authorizations. Upon receipt of an incomplete application, the director shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

2.

If the City denies an application for a use permit to install a solar energy system, the City shall make written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

3.

The decision of the Planning Director pursuant to paragraphs (1) and (2) above may be appealed to the City Council of this Code. As set by City Council resolution, a fee shall be paid and an application for appeal shall be made within ten (10) calendar days of the determination by the Planning Director.

g.

Inspections. For a small residential rooftop solar energy system eligible for expedited review, only one (1) inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection, except that a separate fire safety inspection may be performed if the City does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the fire authority. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, however the subsequent inspection need not conform to the requirements of this section.

h.

Approval by Association Not Required. The City shall not condition approval for any solar energy system permit on the approval of a solar energy system by an association, as that term is defined in Section 4080 of the Civil Code.

(Ord. #2015-594, Exh. A)

ARTICLE 23-7. - COMMERCIAL ZONES

Sec. 23-7.1. - Purpose of C-N Zone.

This zone is intended for the Towne Centre, shopping center which provides a balance of retail, entertainment, service and office facilities for the convenience and providing the needs of the community. Only those facilities are permitted that are compatible with permitted uses in the surrounding neighborhood and which offer convenience goods and services needed to supply the immediate community.

(Ord. #2013-576, § 2; Ord. #2013-579, § 2)

Sec. 23-7.2. - Uses Permitted in the C-N Zone.

The following uses are deemed compatible with a residential environment and shall be permitted at locations indicated on the official zoning map:

a.

General Office and Related Uses (not to exceed more than forty (40) percent without the approval of a Conditional Use Permit).

1.

Administrative and executive offices;

2.

Artist and photographic studios, not including the sale of equipment or supplies;

3.

Clerical and professional offices;

4.

Financial institutions (not exceeding current fourteen (14) percent allocation) including 24-hour ATM facilities;

5.

Medical, dental and related health services for humans and animals;

Public utility service offices;

City Hall;

8.

Library;

9.

Maintenance yard;

Insurance and real estate agents and brokers;

Travel agencies.

b.

General Commercial Uses.

1.

Antique shops;

2.

Apparel and shoe stores (including sales, repair, alterations and resale);

3.

Art galleries, photographic studios, sales, equipment, dealers and supply stores;

4.

Home goods (including appliance, hardware, home repair, lighting, flooring, furniture repair and retail stores);

5.

Auto supply stores (no repair on site);

6.

Food and beverage establishments (including bakeries, candy, ice cream, coffee, tea, yogurt, confectioneries, etc.);

Hair, nails, day spas, skin care establishments and related retail stores;

8.

Banks and banking facilities under fifty (50) square feet;

9.

Bicycle shops, nonmotorized;

10.

Florist, book, gifts, and stationery stores;

11.

Commercial recreational uses, under three thousand (3,000) square feet;

12.

Fitness studios and schools under three thousand (3,000) square feet (including dance, gym, yoga, karate, etc.);

13.

Department, sporting goods and toy stores;

14.

Drug stores and prescription pharmacies;

15.

Food stores and supermarkets;

16.

Hobby shops (coin, stamp, crafts, sewing, etc.), including related material and equipment sales and repair and instructors;

17.

Jewelry stores and repair (including gold and precious metal sales and resale establishments);

18.

Laundry and dry cleaning facilities, not including any self-service;

Liquor stores;

20.

Home services including sales (lock smith, plumber, electrician, swimming pool supply and maintenance, etc.);

21.

Nurseries and garden supply stores, provided all equipment and supplies shall be kept within an enclosed area;

22.

Office supply and equipment, sales, service, repair and services (including mailboxes, copying, blueprinted);

23.

Post office branch;

24.

Electronic sales and repair (television, telephone, computer, etc.);

25.

Restaurants, not including the sale of alcoholic beverages;

26.

Tutoring and learning centers, over three thousand (3,000) square feet;

Certain temporary uses cited in Article 23-11.

(Ord. #2013-576, § 2; Ord. #2013-579, § 2)

Sec. 23-7.3. - Uses Permitted in the C-N Zone Subject to a Conditional Use Permit.

1.

General office (uses listed in Section 23-7.1.a) in excess of forty (40) percent;

2.

New banks and banking facilities over fifty (50) square feet;

3.

Businesses selling/serving alcohol;

4.

Businesses operating before 6:00 a.m., after 11:00 p.m. or offering 24-hour service;

5.

Businesses offering drive-thru services;

6.

Communication and telecommunication facility and/or equipment buildings, antennas, satellite dishes over three (3) feet in diameter;

7.

Convenience stores (7/11, AM/PM, etc.);

8.

Commercial recreational uses, over three thousand (3,000) square feet;

9.

Fitness studios and schools (including dance, gym, yoga, karate, etc.) over three thousand (3,000) square feet;

10.

Electric distribution substations;

11.

Live entertainment, live music or amplified music;

12.

Massage establishments or businesses with massage services;

13.

Automobile service stations;

14.

Public utility booster stations;

15.

Theater;

Any general commercial use not specifically listed in Section 23-7.2.

(Ord. #2004-500, § 1; Ord. #2011-559, § 2; Ord. #2013-576, § 2; Ord. #2013-579, § 2)

Sec. 23-7.4. - Uses Prohibited in the C-N Zone.

The following uses shall not be permitted because of their tendency to create substances, conditions, or situations that may be dangerous, objectionable, or incompatible with the permitted uses in this district or in adjoining areas;

1.

Adult uses or businesses selling adult oriented materials (videos, accessories, etc.);

2.

Automobile car washes;

3.

Automobile repair garages, fender and body repair and paint shops;

4.

Automobile wrecking, junk and salvage yards;

5.

Bail bonds;

6.

Beverage bottling plants;

7.

Cleaning, dyeing and laundry plants;

8.

Check cashing businesses;

9.

Pawn shops;

10.

Thrift shops;

11.

Used passenger vehicle sales;

12.

Rental and sales agencies for agricultural, industrial, and construction equipment;

13.

Rental and sales agencies for trailers, boats, trucks;

14.

Residential uses, including hotels and motels;

Tire retreading;

16.

Warehouses, contractors' storage yards, and work and fabricating area;

Welding shops;

Wholesale bakeries;

Smoke shops (tobacco, hookah and similar uses and/or accessories);

20.

All uses not permitted by subsections 23-7.2 or 23-7.3.

(Ord. #2013-576, § 2)

Sec. 23-7.5. - Property Development Standards: C-N Zone.

The following property development standards shall apply to all land and buildings permitted in the C-N Zone. The intention is to have a uniform and cohesive commercial center inclusive of connecting pedestrian paths, landscape areas, accessible parking and compatible buildings.

a.

General Requirements. The following requirements are minimums unless otherwise stated:

C-N

(Ord. #2013-576, § 2)

Sec. 23-7.6. - Performance Standards: C-N Zone.

a.

In the C-N Zone, the required front and street side yards shall be landscaped to a depth of not less than ten (10) feet. Remaining front and street side yard areas or setbacks may be used for required off-street parking. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives.

1.

An additional amount, equal to at least five (5) percent of the total area of the parcel, is required and a minimum of twenty-five (25) percent of such landscaping shall be located in the area devoted to parking.

2.

Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six (6) inches higher than the adjacent vehicular area.

3.

Landscaping along all streets and boundaries shall be limited to a height of not more than three and onehalf (3½) feet within twenty (20) feet of the point of intersection of:

(a)

A vehicular access way or driveway and a street;

(b)

A vehicular access way or driveway and a sidewalk; and

(c)

Two (2) or more vehicular access ways, driveways or streets.

b.

All required landscaping shall be permanently maintained in a neat and orderly condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all plantings.

c.

Except security lighting, which shall be permitted during closed hours, no exterior lighting shall be permitted between the hours of 11:00 p.m. and 6:00 a.m. All lighting shall be designed and located so as to confine direct rays to the premises.

d.

The noise level emanating from any commercial use or operation shall not exceed five (5) decibels (as defined in the Occupational Safety and Health Act of 1970) above the ambient level of the area.

e.

All mechanical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the City Engineer and Building Official.

f.

All loading and unloading operations shall be performed on the site, and loading platforms and areas shall be screened by a landscape or architectural feature.

g.

All storage of cartons, containers and trash shall be shielded from view within a building or within an area enclosed by a wall not less than six (6) feet in height. If unroofed, no such area shall be located within forty (40) feet of any district zoned for residential use.

h.

There shall be no outdoor display or storage of merchandise or equipment, except for temporary outdoor merchandise displays as specified in Section 23-7.6(h), 1—3 below. Except for temporary outdoor merchandise displays as specified herein, all uses permitted in this zone and their resulting products shall be contained entirely within a completely enclosed structure, except for off-street parking and loading areas and outdoor dining areas.

1.

Temporary outdoor merchandise displays shall be permitted with the approval of the property owner.

2.

Outdoor display of merchandise pursuant to this section shall be limited to one (1) display table per retail storefront, with such table having no more than twenty-four (24) square feet of display space, and with the table skirted and covered in a professional manner; or one (1) rolling garment rack of no more than eight (8) feet in length.

3.

No temporary outdoor merchandise displays may obstruct the flow of pedestrian traffic or create a hazard to public health and safety.

i.

Business hours shall be limited to the hours between 6:00 a.m. and 11:00 p.m.

j.

An opaque screen shall be installed and maintained along all streets and district boundaries. Where the zone boundary does not abut a public street, the screen, except as otherwise provided, shall have a total height of not less than six (6) feet nor more than seven (7) feet. Where the district boundary abuts a public street, the screen shall have a height of not less than three (3) feet nor more than three and one-half (3½) feet, and it shall be located adjacent to the inside edge of the required boundary landscaping not less than ten (10) feet from the ultimate right-of-way line. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest elevation. A screen shall consist of one (1) or any combination of the following types:

1.

Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four (4) inches thick.

2.

Berms. A berm shall be not more than twenty (20) feet in width at the base. It shall be constructed of earthen materials and it shall be landscaped.

3.

Fences, solid. A solid fence shall be constructed of wood, masonry or other materials a minimum nominal thickness of two (2) inches and it shall form an opaque screen.

4.

Fences, open. An open weave or mesh type fence shall be combined with plant materials to form an opaque screen.

5.

Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of two (2) feet, within eighteen (18) months after initial installation. Except as provided in paragraph i., 6 below, plant materials shall not be limited to a maximum height.

6.

Intersections. Screening along all streets and boundaries shall have a height of not less than three (3) nor more than three and one-half (3½) feet within twenty (20) feet of the point of intersection of:

(a)

A vehicular access way or driveway and a street;

(b)

A vehicular access way or driveway and a sidewalk; and

(c)

Two (2) or more vehicular access ways, driveways or streets.

7.

The Zoning Administrator shall require that either 1, 2 or 3 above shall be installed if, after eighteen (18) months after installation, plant materials have not formed an opaque screen, or if an opaque screen is not maintained.

8.

No signs or sign supports except those specified in the off-street parking regulations shall be permitted on any required screening.

9.

Notwithstanding the requirements listed above, where the finished elevation of the property is lower at the boundary line, or within five (5) feet inside the boundary line, than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements for this district.

k.

Satellite Dish Antennas. In the C-N Zone, a satellite receiving antenna may be installed with the approval of Site Plan Review.

(Ord. #85-343, § 3; Ord. #2011-559, § 3; Ord. #2013-576, § 2)

Sec. 23-7.7. - Signs: C-N Zone.

No sign or outdoor advertising structure shall be permitted in any C-N Zone except as provided in Article 23-16. Further, no signs except those specified in the off-street parking regulations shall be permitted within any required boundary landscaping.

This zone is intended for commercial professional office facilities that allow for providing professional services and commercial office space for the community and those serving the City, as well as multi-family residential and mixed-use development.

(Ord. #2013-579, § 2; Ord. #2016-604, § 5)

Sec. 23-7.9. - Uses Permitted: C-P Zone.

The following uses are deemed compatible with a residential environment and shall be permitted at locations indicated on the official zoning map:

a.

General Office and Related Uses:

1.

Administrative and executive offices;

2.

Artist and photographic studios, not including the sale of equipment or supplies;

3.

Clerical and professional offices;

4.

Banks and banking facilities under fifty (50) square feet;

5.

Insurance and real estate agents and brokers;

6.

Medical, dental and related health services for humans, including laboratories and clinics; only the sale of articles clearly incidental to the services provided shall be permitted;

7.

Travel agencies;

Veterinarians' offices;

9.

Art galleries, photographic studios, sales, equipment, dealers and supply stores;

10.

Tutoring centers (less than three thousand (3,000) square feet).

b.

General Commercial Uses (not to exceed more than forty (40) percent without the approval of a conditional use permit):

1.

Antique shops;

2.

Apparel and shoe stores (including sales, repair, alterations and resale);

3.

Home goods (including appliance, hardware, home repair, lighting, flooring, furniture repair and retail stores);

4.

Auto supply stores (no repair on site);

5.

Food and beverage establishments (including bakeries, candy, ice cream, coffee, tea, yogurt, confectioneries, etc.);

6.

Hair, nails, day spas, skin care establishments and related retail stores;

7.

Bicycle shops, nonmotorized;

8.

Florist, book, gifts, and stationery stores;

9.

Commercial recreational uses, under three thousand (3,000) square feet;

Fitness studios and schools (including dance, gym, yoga, karate, etc.) under three thousand (3,000) square feet;

11.

Department, sporting goods and toy stores;

12.

Drug stores and prescription pharmacies;

13.

Food stores and supermarkets;

14.

Hobby shops (coin, stamp, crafts, sewing, etc.), including related material and equipment sales and repair and instructors;

15.

Jewelry stores and repair (including gold and precious metal sales and resale establishments);

16.

Laundry and dry cleaning facilities, not including any self-service;

17.

Liquor stores;

18.

Home services including sales (lock smith, plumber, electrician, swimming pool supply and maintenance, etc.);

19.

Nurseries and garden supply stores, provided all equipment and supplies shall be kept within an enclosed area;

20.

Office supply and equipment, sales, service, repair and services (including mailboxes, copying, blueprinted);

21.

Post office branch;

Electronic sales and repair (television, telephone, computer, etc.);

23.

Restaurants, not including the sale of alcoholic beverages;

24.

Certain temporary uses cited in Article 23-11.

c.

Multi-family housing or mixed-use developments.

(Ord. #2013-579, § 2; Ord. #2016-604, § 5)

Sec. 23-7.10. - Uses Permitted in the C-P, Subject to a Conditional Use Permit.

1.

General commercial (uses listed in section 23-7.9) in excess of forty (40) percent for the total Towne Centre building area;

2.

New banks and banking facilities over fifty (50) square feet;

3.

Businesses selling/serving alcohol;

4.

Businesses operating before 6:00 a.m., after 11:00 p.m. or offering 24-hour service;

5.

Businesses offering drive-thru services;

6.

Communication and telecommunication facility and/or equipment buildings, antennas, satellite dishes over three (3) feet in diameter;

7.

Convenience stores (7/11, AM/PM, etc.);

Commercial recreational uses, over three thousand (3,000) square feet;

9.

Fitness studios and schools (including dance, gym, yoga, karate, etc.) over three thousand (3,000) square feet;

10.

Electric distribution substations;

11.

Live entertainment, live music or amplified music;

12.

Massage establishments or businesses with massage services;

13.

Public utility booster stations;

14.

Theater.

(Ord. #2013-579, § 2; Ord. #2016-604, § 5)

The following uses shall not be permitted because of their tendency to create substances, conditions, or situations that may be dangerous, objectionable, or incompatible with the permitted uses in this district or in adjoining areas:

a.

All uses not permitted by subsection 23-7.9 or 23-7.10.

(Ord. #2013-579, § 2; Ord. #2016-604, § 5)

Sec. 23-7.12. - Property Development Standards: C-P Zone.

The following property development standards shall apply to all land and buildings permitted in the C-P Zone.

a.

General Requirements. The following requirements are minimums unless otherwise stated:

Development Standards C-P

b.

Development Standards for Multi-Family Residential and Mixed-Use Developments:

1.

Minimum density: Twenty (20) dwelling units per acre.

2.

Maximum density: Twenty-four (24) dwelling units per acre.

3.

Minimum residential floor area for mixed-use projects: Fifty (50) percent.

(Ord. #2013-579, § 2; Ord. #2016-604, § 5)

Sec. 23-7.13. - Performance Standards: C-P Zone.

a.

In the C-P Zone, the required front and street side yards shall be landscaped to a depth of not less than ten (10) feet. Remaining front and street side yard areas or setbacks may be used for required off-street parking. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives.

1.

An additional amount, equal to at least five (5) percent of the total area of the parcel, is required and a minimum of twenty-five (25) percent of such landscaping shall be located in the area devoted to parking.

2.

Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six (6) inches higher than the adjacent vehicular area.

3.

Landscaping along all streets and boundaries shall be limited to a height of not more than three and onehalf (3½) feet within twenty (20) feet of the point of intersection of:

(a)

A vehicular accessway or driveway and a street;

(b)

A vehicular accessway or driveway and a sidewalk; and

(c)

Two (2) or more vehicular accessways, driveways or streets.

b.

All required landscaping shall be permanently maintained in a neat and orderly condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all plantings.

c.

Except security lighting, which shall be permitted during closed hours, no exterior lighting shall be permitted between the hours of 11:00 p.m. and 6:00 a.m. All lighting shall be designed and located so as to confine direct rays to the premises.

d.

The noise level emanating from any commercial use or operation shall not exceed five (5) decibels (as defined in the Occupational Safety and Health Act of 1970) above the ambient level of the area.

e.

All mechanical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the City Engineer and Building Official.

f.

All loading and unloading operations shall be performed on the site, and loading platforms and areas shall be screened by a landscape or architectural feature.

g.

All storage of cartons, containers and trash shall be shielded from view within a building or within an area enclosed by a wall not less than six (6) feet in height. If unroofed, no such area shall be located within forty (40) feet of any district zoned for residential use. Each property shall have a minimum of one (1) trash enclosure. The number, size, location and design shall be such to minimize the total number of enclosures in the C-P Zone. Additional trash enclosures are subject to the review and approval of the City Manager.

h.

There shall be no outdoor display or storage of merchandise or equipment, except for temporary outdoor merchandise displays as specified in Section 23-7.6(h), 1—3 below. Except for temporary outdoor merchandise displays as specified herein, all uses permitted in this zone and their resulting products shall be contained entirely within a completely enclosed structure, except for off-street parking and loading areas and outdoor dining areas.

1.

Temporary outdoor merchandise displays shall be permitted with the approval of the property owner.

2.

Outdoor display of merchandise pursuant to this section shall be limited to one (1) display table per retail storefront, with such table having no more than twenty-four (24) square feet of display space, and with the table skirted and covered in a professional manner; or one (1) rolling garment rack of no more than eight (8) feet in length.

3.

No temporary outdoor merchandise displays may obstruct the flow of pedestrian traffic or create a hazard to public health and safety.

i.

Business hours shall be limited to the hours between 6:00 a.m. and 11:00 p.m.

j.

An opaque screen shall be installed and maintained along all streets and district boundaries. Where the zone boundary does not abut a public street, the screen, except as otherwise provided, shall have a total height of not less than six (6) feet nor more than seven (7) feet. Where the district boundary abuts a public street, the screen shall have a height of not less than three (3) feet nor more than three and one-half (3½) feet, and it shall be located adjacent to the inside edge of the required boundary landscaping not less than ten (10) feet from the ultimate right-of-way line. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest elevation. A screen shall consist of one (1) or any combination of the following types:

1.

Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four (4) inches thick.

2.

Berms. A berm shall be not more than twenty (20) feet in width at the base. It shall be constructed of earthen materials and it shall be landscaped.

3.

Fences, solid. A solid fence shall be constructed of wood, masonry or other materials a minimum nominal thickness of two (2) inches and it shall form an opaque screen.

4.

Fences, open. An open weave or mesh type fence shall be combined with plant materials to form an opaque screen.

5.

Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of two (2) feet, within eighteen (18) months after initial installation. Except as provided in paragraph i.6 below, plant materials shall not be limited to a maximum height.

6.

Intersections. Screening along all streets and boundaries shall have a height of not less than three (3) feet nor more than three and one-half (3½) feet within twenty (20) feet of the point of intersection of:

(a)

A vehicular accessway or driveway and a street;

(b)

A vehicular accessway or driveway and a sidewalk; and

(c)

Two (2) or more vehicular accessways, driveways or streets.

7.

The Zoning Administrator shall require that either [paragraph] 1, 2 or 3 above shall be installed if, after eighteen (18) months after installation, plant materials have not formed an opaque screen, or if an opaque screen is not maintained.

8.

No signs or sign supports except those specified in the off-street parking regulations shall be permitted on any required screening.

9.

Notwithstanding the requirements listed above, where the finished elevation of the property is lower at the boundary line, or within five (5) feet inside the boundary line, than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements for this district.

(Ord. #2013-579, § 2)

Sec. 23-7.14. - Signs: C-P Zone.

No sign or outdoor advertising structure shall be permitted in any C-P Zone except as provided in Article 23-16. Further, no signs except those specified in the off-street parking regulations shall be permitted within any required boundary landscaping.

(Ord. #2013-579, § 2)