Article 23-15 — OFF-STREET PARKING REGULATIONS

Sec. 23-15.1. - Purpose and Intent.

These regulations are established to provide for the on-site parking of motor vehicles that are attracted by the use or uses on the premises. The parking facilities required by this section for motor vehicle parking and maneuvering are assumed to be the minimum need for such facilities created by each particular land use. It is intended that these regulations will result in properly designed parking areas of adequate capacity that will reduce traffic congestion, promote increased business, and enhance public safety.

a.

Off-Street Parking Location. The required parking spaces or garages shall be located on the same building site. Property within the ultimate right-of-way of a street or highway shall not be used to provide required parking or loading facilities.

b.

Change in Use. When the occupancy or use of any premises is changed to a different use, parking to meet the requirements of this section shall be provided for the new use or occupancy.

c.

Increase in Use. When the occupancy or use of any premises is altered, enlarged, expanded or intensified, additional parking to meet the requirements of this section shall be provided for the enlarged, expanded, altered or intensified portion only.

d.

Usability. All required off-street parking spaces shall be designed, located, constructed, and maintained so as to be fully usable at all times.

e.

Maximum Grades Permitted.

1.

Whenever access is taken from a street, alley or driveway to an off-street parking area serving four (4) or less dwelling units, the driveway or other vehicular accessway shall have a maximum grade of plus fifteen (+15) percent or minus six (-6) percent, measured from the street, alley or driveway grade along the driveway centerline, for a distance of not less than eighteen (18) feet from the street, alley or driveway rightof-way line.

2.

Whenever access is taken from a street, alley or driveway to an off-street parking area serving industrial, commercial or professional uses, public or community facilities, or five (5) or more dwelling units, the driveway or other vehicular accessway shall have a maximum grade of a plus fifteen (+ 15) percent or a minus two (-2) percent, measured from the street, alley or driveway grade along the driveway centerline for a distance of not more than eighteen (18) feet from the street, alley or driveway right-of-way line.

3.

Off-street parking spaces and the abutting access drive required for retail commercial uses shall have a maximum grade of two (2) percent. All other parking spaces shall have a maximum grade of five (5) percent. Said grade shall be measured across the parking space and for retail commercial use shall include the abutting parking aisle in any direction.

4.

Ramps or driveways providing vehicular access within the interior of an off-street parking area located beyond eighteen (18) feet from the ultimate right-of-way line of a street, alley or driveway shall have a maximum slope of plus or minus twenty (+/-20) percent. When such ramp or driveway slopes exceed plus or minus ten (+/-10) percent, the ramp or driveway design shall include transitions not less than eight (8) feet in length, having a slope equal to one-half the ramp slope.

f.

Paving. All parking spaces, driveways and maneuvering areas shall be paved and permanently maintained with asphaltic concrete, cement concrete or other all-weather surfacing.

g.

Parking Facilities for the Physically Handicapped. Public accommodations or facilities, including shopping centers and office buildings shall provide parking spaces for the physically handicapped in accordance with the standards stipulated in the State Vehicle Code.

Sec. 23-15.3. - Residential Requirements.

a.

In any zone where a single-family dwelling is constructed for living purposes, for each single-family dwelling two (2) usable automobile parking spaces in a garage shall be provided and maintained on the building site. Parking space measurements in the case of a garage containing two (2) or more side-by-side parking spaces shall be of the exterior dimensions of the structure.

b.

Required off-street parking for multi-family dwellings shall be provided at the following rate:

A minimum of one (1) space per unit shall be located within a garage or covered carport. In addition, guest parking shall be provided at a rate of one (1) space per five (5) units.

Mixed residential/commercial developments shall submit a parking plan subject to approval by the City Traffic Engineer demonstrating that sufficient off-street parking will be available to meet the needs of the project.

c.

In any residential zone, front yard setback areas shall not be used for the storage of boats or trailers of any type, or for the storage of any vehicle, including but not limited to trucks, buses, vans and recreational vehicles, which exceed an overall length of nineteen (19) feet. As used in this section, "storage" shall mean the parking or standing of any boat or trailer of any type, or any vehicle, including but not limited to trucks, buses, vans and recreational vehicles for a period of time longer than seventy-two (72) hours per month.

(Ord. #88-373, § 1; Ord. #90-387, § 1; Ord. #98-454, § 1; Ord. #2002-482, § 8; Ord. #2016-604, § 6)

Sec. 23-15.4. - Installation, Maintenance and Operation.

Parking areas serving commercial, professional, public or community facilities shall be subject to the following regulations:

a.

Bumper or tire guards shall be provided along any property line which abuts a public walkway, street or alley except where screening is installed.

b.

Lights used to illuminate the parking area shall be designed and located so as to confine direct rays to the premises.

c.

All parking stalls shall be clearly outlined with double or hairpin lines on the surface of the parking facility.

d.

All parking stalls and maneuvering areas shall be paved and permanently maintained with asphaltic or concrete surfacing, and all space within the parking area not paved shall be landscaped.

e.

The parking area shall be designed so that a car entering the parking area shall not be required to enter a street to move from one location to any other location within the parking area or premises.

f.

Required parking area shall not be used for any use other than the temporary storage of motor vehicles during the time the use that requires the parking is in operation.

g.

Parking and maneuvering areas shall be so arranged that any vehicle entering a vehicular right-of-way can do so traveling in a forward direction.

h.

Parking area notices not to exceed two (2) square feet may be located in any zone at the entrance or exit of a parking area. Such notices may contain the name of the owner or occupant of the property and any combination of the following words and symbols only; parking, park here, enter here, entrance, exit, do not enter, stop, private, public, customer only.

Sec. 23-15.5. - Minimum Design Requirement.

Parking areas serving commercial, or professional uses; public or community facilities; shall be subject to the following regulations:

a.

Access drives leading to aisles within a parking area shall be a minimum width-of twenty-eight (28) feet.

b.

Where two-way traffic is desired, aisle widths and maneuvering areas shall be a minimum width of twentyfour (24) feet.

c.

A driveway or vehicular accessway from a parking area shall have a maximum grade of not more than two (2) percent for a minimum length of fifteen (15) feet immediately adjacent to a street right-of-way line.

d.

Driveways and vehicular accessways providing access between a street and parking area or garage area shall be paved, marked and maintained; and they shall have a minimum width of twenty (20) feet for twoway traffic and ten (10) feet for one-way traffic.

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Off-Street Parking Stall Dimensions and Minimum Aisle Widths

Sec. 23-15.6. - Off-Street Parking Regulations: C-N Zone.

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Alternative Development Standard: A use can propose "shared parking: an after 5:00 p.m. business that proposes to use the same parking spaces as uses that close prior to 5:00 p.m." if they can demonstrate that the Centre has adequate capacity and coordination to accommodate the shared use of parking spaces. This information shall be submitted for the review and approval of the City Manager through an Alternative Development Standard application.

(Ord. #2013-576, § 2)

Sec. 23-15.7. - Off-Street Parking Regulations: Educational Uses.

Off-street parking for elementary and junior high schools shall be provided on the same site at a ratio of two (2) spaces for each classroom. A ratio of one space for each faculty member and employee plus one for each six (6) students regularly enrolled is hereby established for senior high school.

Modifications to the parking requirements for educational uses may be granted by the City Council when the land involved is of such size or shape or is affected by such topographical location or conditions, that it

is impractical in the particular case to conform to the strict application of the requirements.

Sec. 23-15.8. - Computation of Parking Area.

Parking area shall be computed by adding the areas used for access drives, aisles, stalls, maneuvering, and landscaping within that portion of the premises that is devoted to vehicular parking. When a fractional figure is found as a remainder in computations made to determine the number of required off-street parking spaces or garages said fraction shall be construed as a whole number.

ARTICLE 23-16. - SIGNS

Sec. 23-16.1. - Purposes.

The location, height, size and illumination of permanent exterior signs are regulated in order to maintain the attractiveness and orderliness of the City's appearance; to protect property and business sites from loss of prominence resulting from excessive signs on nearby sites; to protect the public safety and welfare.

(Ord. #93-418, § 2; Ord. #2010-558, § 2)

Sec. 23-16.2. - Administrative Procedures.

a.

Permit Required. A sign permit shall be obtained from the Planning Department prior to the placing, erecting, moving or displaying of any permanent exterior roof, wall, fascia, pedestrian-oriented, or freestanding sign. A sign permit shall also be obtained prior to the reconstruction, alteration or change of copy of any existing permanent exterior signs. A building permit and/or electrical permit may also be required.

b.

Application Procedures. Application for sign permits shall be made on forms provided by the City and shall be accompanied by the following material:

1.

Sign elevation shall indicate overall area and letter/figure dimensions, colors, materials, sign dimensions, proposed copy, and illumination characteristics.

2.

Site plan shall indicate all signs existing or proposed for the site with locations, dimensions, colors, materials, copy, and illumination characteristics for each sign.

3.

Building elevations shall be provided with all signs depicted.

Other information shall be included as the Planning Department may reasonably require in order to determine compliance with all provisions of this Code.

c.

Review of Sign Applications.

1.

General. The Planning Department shall review all sign applications for compliance with the standards set forth in this Article and with the Sign Design Guidelines adopted by City Council resolution. Applications shall be reviewed within fifteen (15) days of filing. The Planning Department shall recommend: (a) approval, (b) approval with modifications, or (c) denial of any application in accordance with the provisions established by this article. A decision by the Planning Department may be appealed to the City Council in the manner provided by this Code.

2.

No activity that has nonconforming signs may be authorized additional signs except as a replacement of the nonconforming signs with signs that comply with the provisions of this Code.

d.

Fees. No sign permit shall become valid until the applicant has paid a sign fee in accordance with the fee schedule established by Council resolution. Sign fees shall be assessed on a per square foot basis. Fees shall also be established for change of copy on existing fixtures, variances, appeals and deposits for removal of exempt signs.

(Ord. #82-323, § 23; Ord. #93-418, § 2; Ord. #2010-558, § 2)

a.

Uncertainty of Section Provisions. Whenever the regulations in this article are uncertain due to ambiguity of the provisions, the application shall be referred to the City Council for a determination. The Council shall then authorize signs that best fulfill the intent of this article.

b.

Exempted Signs. The following signs, if not illuminated, are allowed in all districts with no permit required:

1.

Governmental or other legally required posters, notices, and signs.

2.

Interior signs as defined by this Code.

Charitable posters and notices for a period not to exceed thirty (30) days before and seven (7) days following an event.

4.

Posters and signs for lost domestic pets for a period of seventy-two (72) hours as long as said poster or sign is of a reasonable size and does not visually obstruct traffic.

c.

Abatement of Signs Relating to Inoperative Activities. Signs pertaining to enterprises or occupants that are no longer involved with a property shall be removed from the premises, within thirty (30) days after the associated enterprise or occupant has vacated the premises. Any such signs not removed within the required period shall constitute a nuisance and shall be subject to summary abatement procedures pursuant to Section 38773 of the California Government Code, and the expense of such abatement shall be recovered by a lien against the property on which the sign was maintained and a personal obligation against the property owner. Said property owner shall first be served with a notice to abate the nuisance and shall be given the opportunity for a hearing. If, after such opportunity for hearing, the City Manager or designated representative, orders agents of the City to remove the nuisance, they shall have the authority

to enter upon the private property to remove the signs constituting the nuisance. The provisions of this subsection may be utilized separately from, as an alternative to, or in conjunction with, any other remedy provided by law.

d.

Prohibited Signs. Any sign not expressly permitted by Article 23-16 shall not be permitted and shall be deemed a violation.

e.

Sign Area Measurement. The area of a sign shall be measured within a single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of letters, emblems, logos, or any similar character, together with any material or background forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Supporting framework or bracing that is clearly incidental to the sign shall not be computed as sign area.

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Exhibit 23-16.3 e (a)

f.

Sign Height Measurement. The height of a freestanding sign shall be measured from the highest part of the sign, including any decorative features, to the lowest existing surface grade beneath the sign.

g.

Sign Removal or Replacement. When a sign is removed or replaced all brackets, poles, and other structural elements that supported the sign that are not being used shall be removed. Affected building surfaces shall be restored to match the adjacent portion of the building.

(Ord. #82-323, § 23; Ord. #93-418, § 2; Ord. #2009-548, § 1; Ord. #2010-558, § 2)

Sec. 23-16.4. - C-N (Commercial) Zone.

a.

Roof Signs.

1.

Permitted Signs. Commercial activities in one-story buildings shall be permitted to have roof signs, except for activities in excess of one hundred and forty (140) feet of frontage, which shall be allowed wall-mounted signs only.

2.

Number of Signs. Each eligible activity shall be permitted one (1) roof sign per frontage with a maximum of three (3) roof signs.

3.

Sign Type. Only channel-type, open, individual letters are permitted.

4.

Sign Area. The maximum area allowed for a roof sign shall be one (1) square foot of sign area per each lineal foot of business (bay) frontage. However, no sign shall exceed a total of thirty (30) square feet in area for a single tenant space. Where a business occupies multiple suites, the sign area shall be increased to allow the tenant to install a sign equal to one (1) square foot of sign area per each lineal foot of the combined frontage. This exception shall be subject to the review and approval of the City Manager.

5.

Sign Height. The typical letter height shall not exceed eighteen (18) inches. However, in order to allow and encourage creativity and artistic design: Ascending and descending letters; creative logos; corporate taglines and backgrounds may exceed the letter boundary with the review and approval of the City Manager. The overall height of the sign measured from the bottom of the sign (including any electrical raceway, other support structure, or the sign background) to the upper most part of the sign shall not exceed twenty-four (24) inches.

6.

Location. Signs shall be located within the middle fifty (50) percent of the building or occupancy's frontage measured from lease line to lease line.

7.

Electrical Raceways. Electrical raceways shall be integrated with the overall design of the sign to the greatest degree feasible. Raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed. The Planning Department may approve a different color if such color would make the raceway less visible.

8.

Colors. Signs shall be limited to a maximum of three (3) colors per sign, except for federally regulated trademarks.

9.

Illumination.

(a)

Signs may be illuminated by either an interior or exterior source. External light sources shall be shielded from view and shall be directed in such a manner to illuminate only the sign face. Light spill beyond the sign letters, or the sign's back panel shall not be permitted.

(b)

Each illuminated sign shall be provided with a dimming device to control the intensity of illumination unless it can be clearly demonstrated that a dimming device is not compatible with the particular type of illumination being proposed.

(c)

Signs that appear overly bright shall be dimmed or the source of illumination shall be changed to a lesser intensity when required by the Planning Department.

b.

Balcony Fascia Signs.

1.

Permitted Signs. Commercial activities in two-story buildings shall be permitted to have balcony fascia signs.

2.

Number of Signs. Each eligible activity shall be permitted one (1) balcony fascia sign.

3.

Sign Area and Height. A balcony fascia sign shall not exceed five (5) square feet and twelve (12) inches in height.

4.

Lettering. Lettering shall not exceed eight (8) inches in height.

5.

Colors. Colors shall be compatible with those of the principal building.

6.

Illumination. Not allowed.

7.

Installation. Balcony fascia signs shall be installed parallel with the building being addressed. First-story fascia signs shall be suspended from the balcony above. Second-story fascia signs shall be suspended below the building fascia.

c.

Freestanding Signs.

1.

Permitted Signs. Freestanding signs shall be permitted only for tenants with one hundred forty (140) feet or more of building frontage with the approval of a conditional use permit. Freestanding signs include only pylon-type signs, which may have either a solid base or a base comprised of two (2) legs.

2.

Height. The height of a freestanding pylon sign shall not exceed thirty (30) feet measured from the existing surface grade beneath the sign or the top of the adjacent curb, whichever is lower.

3.

Area. The sign area of a freestanding pylon sign shall not exceed one hundred (100) square feet.

4.

Setback. Freestanding signs shall be set back a minimum of five (5) feet from a street and a minimum of ten (10) feet from the edge of a driveway. Freestanding signs shall not project over any building, or over any onsite driveway or vehicle circulation area.

5.

Letter Size. To ensure the readability of freestanding signs, the minimum letter size allowed shall be eight (8) inches. Sign copy shall not be located closer than one-half-letter height to the sign edge or other line of copy.

Design. The supporting structure of a pylon sign shall not include exposed metal pole(s), but shall be surrounded by a decorative cover that is architecturally compatible with the sign cabinet and the architectural character of buildings on the site.

7.

Landscaping. Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to the area of one (1) face of the sign or seventy-five (75) square feet, whichever is greater. The City Manager may waive or modify this requirement to take into account existing conditions.

d.

Wall-Mounted Signs.

1.

Permitted Signs. One (1) wall-mounted sign shall be permitted for tenants with one hundred forty (140) feet or more of building frontage.

2.

Area. The maximum sign area of a wall sign shall be eighty (80) square feet.

3.

Height. A wall sign shall not extend above the highest point of a pitched roof, mansard roof, or parapet line of a building.

4.

Location. Signs shall be located within the middle fifty (50) percent of the building or occupancy's frontage measured from lease line to lease line.

e.

Professional Service Wall/Door Plaques.

1.

Permitted Signs. Professional service activities shall be permitted to display wall/door plaques.

2.

Number Signs. Each occupant shall be permitted one (1) name plaque and one (1) specialty plaque.

3.

Sign Area. Each wall plaque shall not exceed one (1) square foot.

4.

Color. Plaques shall be antiqued bronze in color.

5.

Illumination. Not allowed.

6.

Location. Plaques shall be installed parallel to and upon the wall or door.

f.

Glass Door Signs.

1.

Permitted Signs. Signs indicating business activities shall be permitted on glass doors.

2.

Lettering. Lettering shall not exceed three (3) inches in height.

3.

Copy. Copy shall be limited to the following, in English:

(a)

Business name.

(b)

Days and hours of operation.

(c)

Emergency telephone numbers.

4.

Decals. Business-related decals shall be permitted. Total decal area shall not exceed one (1) square foot.

g.

Window Signs.

1.

Permitted Signs. Signs indicating business activities shall be permitted on windows.

2.

Copy. Copy shall be restricted to one (1) or a combination of the following:

(a)

Business name.

(b)

Days and hours of operation.

(c)

Products and services offered.

(d)

Emergency telephone numbers.

3.

Lettering. Letters shall not exceed ten (10) inches in height.

4.

Sign Area. The total sign area shall not exceed twenty-five (25) percent of the total window area. A minimum of seventy-five (75) percent of the total window area shall be unobstructed.

5.

Decals. Decals shall be included in the maximum permitted sign area.

6.

Optional Window Sign. A wood or simulated wood carved or relief style sign may be mounted or hung inside and parallel to the window. Said sign shall not exceed six (6) square feet and shall be of standard type letters and colors. Optional window signs shall be included in the maximum permitted sign area.

h.

Awning Signs.

1.

Permitted Signs. Signs indicating business names or activities shall be permitted on awnings.

2.

Number Signs. Each occupant shall be permitted a maximum of two (2) signs placed on awnings. There is no limit to the number of awnings.

3.

Lettering. Lettering shall not exceed six (6) inches in height.

4.

Material. Awnings shall be matte finish canvas. Vinyl awnings are prohibited.

5.

Illumination. Not allowed.

6.

Location. Awnings may be placed only above windows and shall not project more than twelve (12) inches from the window frame.

i.

Pedestrian-Orientated Projecting Signs.

1.

Permitted Signs. One (1) pedestrian-oriented projecting sign for each business.

2.

Number of Signs. One (1) unlighted sign per business indicating the generic or business name only.

3.

Type of Sign. Signs may be wood with painted letters, carved wood or carved PVC, or cut out metal. Signs shall be supported by simple metal brackets of uniform design and shall be painted black.

4.

Sign Area. Signs shall not exceed eighteen (18) inches by eighteen (18) inches in area.

5.

Location. Signs shall be located adjacent to the main entrance to the business and shall project from the building surface perpendicular to the sidewalk. Projecting signs shall not extend more than two (2) feet beyond the face of the building. There shall be a minimum of seven (7) feet of clearance beneath projecting signs.

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Exhibit 23-16.4 (b)

j.

Direction Signs for Drive-through Facilities.

1.

Permitted Signs. One (1) freestanding or building-mounted sign shall be permitted for each use having a vehicle drive-through facility.

2.

Sign Area and Height. Signs shall not exceed four (4) square feet in area and freestanding signs shall not exceed three (3) feet in height.

3.

Location. Signs shall be located near the entrance to the drive-through facility.

k.

Neon and Light-emitting Diode (LED) Signs in Windows.

1.

Permitted Signs. The following interior signs are permitted. No other neon or LED signs shall be permitted. Exterior neon or LED signs are not permitted.

(a)

One (1) interior neon or LED sign per business location indicating that the establishment is open for business shall be permitted. Such sign shall contain only the word "OPEN." The sign shall not exceed four (4) square feet in area.

(b)

One (1) interior neon or LED sign per business location indicating a generic product or service shall be permitted. The sign shall not exceed four (4) square feet in area.

2.

Brightness. The output of neon lamps shall not exceed thirty (30) milliamperes.

l.

Temporary Banners.

1.

Permitted Banners. Banners relating to grand openings, sales, and ownership changes shall be permitted.

2.

Number of Signs. One (1) banner per exposed side or store front shall be allowed and may be hung either inside or outside the establishment.

3.

Area. Banners shall not exceed four (4) feet by twelve (12) feet.

4.

Time Period. Banners are permitted for a period not to exceed thirty (30) days and shall display the date of installation in a prominent location.

m.

Seasonal Decorations.

1.

Temporary Display. Seasonal decorations and seasonal exterior artistic paintings shall be temporary in nature.

2.

Time Period. The display of seasonal decorations and seasonal exterior artistic paintings shall be limited to a period of not more than forty (40) days.

(Ord. #82-323, § 23; Ord. #84-336, § 3; Ord. #93-418, § 2; Ord. #2008-531, § 2; Ord. #2010-558, § 2; Ord. #2012-571, § 1)

Sec. 23-16.5. - Residential Zones.

a.

Neighborhood Identification Signs. Neighborhood identification signs may be authorized by the Planning Department for residential areas that include at least five (5) acres of land area. Prior to approval of neighborhood signs, the Planning Department shall first determine that the proposed sign is compatible with the area being identified.

(Ord. #82-323, § 23; Ord. #2010-558, § 2)

Certain activities and geographic areas have unique signing needs. In order to provide the appropriate level of signing for businesses and locations which have special requirements, the City Council may adopt such regulations as necessary to carry out the intent of this section. Once adopted, special regulations shall be uniformly applied to all uses within the defined classification.

a.

Gasoline Service Stations. Gasoline service stations, because of their unique merchandising methods and easily recognizable design, are subject to the following requirements:

1.

Wall Signs. The aggregate area of all wall signs shall not exceed forty (40) square feet. Official repair station signs shall be within the allowable aggregate area.

2.

Price Sign. Two (2) non-illuminated price signs not to exceed ten (10) square feet in area shall be authorized. Credit card logos may be attached.

3.

If the criteria set forth by this subsection may impair pedestrian or vehicular visibility, the City Council shall require the necessary modification to assure public safety.

b.

Commercial business activities in the C-N Commercial Zone that meet all of the following criteria may be permitted exterior building signs and awning signs in accordance with the provisions of subsection c, below:

1.

The business activity has attained national or regional name recognition as a singular business activity, as determined by the Planning Department.

2.

The business activity has adopted uniform sign identification, including name, sign content, type style, logo style and color, as determined by the Planning Department.

3.

The business activity occupies a minimum of three thousand (3,000) square feet of enclosed, contiguous building area in the C-N Commercial Zone.

c.

Each business activity meeting the criteria set forth in subsection b, above, may be permitted individualized, exterior building signs and awning signs in accordance with the following requirements:

1.

Number of Signs. Each eligible activity shall be permitted one (1) exterior building sign per frontage with two (2) signs maximum and up to two (2) awning signs.

2.

Size of Signs. Exterior building signs shall be proportionate to the exterior dimensions of the structure occupied, as determined in accordance with the provisions of Article 23-9, "Architectural Supervision."

3.

Location of signs, sign content, type style, logo style and sign colors shall be as determined in accordance with the provisions of the Sign Design Guidelines.

(Ord. #88-377, § 1; Ord. #2010-558, § 2)

Sec. 23-16.7. - Temporary Signs.

Temporary signs mean a sign erected for a temporary purpose attracting attention to an activity as provided for within this chapter and includes any political sign.

a.

Temporary signs are subject to the following criteria:

1.

Illumination. Temporary signs shall be non-illuminated, either internally or externally.

2.

Size. Temporary signs, including real estate signs, shall not exceed six (6) square feet in total area for one (1) side. No sign shall exceed seven (7) feet in total height from the finished or natural grade where the sign is placed in a front yard setback and ten (10) feet in total height in a rear or side yard setback (exhibit 2316.7(a)(2)). Nothing in this section shall prohibit the use or display of on site commercial signage or banners consistent with section 23-16.4(l).

3.

Placement. No person shall affix a temporary sign on any traffic signal, utility pole or box, traffic control device, or public tree. Furthermore, temporary signs shall not be located within, median, public property or within a public park area. Public right-of-way within residential districts is the first seven (7) feet behind the curb line and temporary signs are allowed within this area. (exhibit 23-16.7 (a)(3)) Real estate signs shall be limited to one (1) per building site.

4.

Permission for Placement. Vacant private property shall require written permission of the property owner prior to the placement of any sign. Property that is occupied shall only require verbal permission from an adult resident of the property over the age of eighteen (18) years. Permission is required for placing signs within the defined public right-of-way of private properties. Commercial property in which a sign is placed within a store front window shall require permission of the lease holder; signs attached to the ground or to the building require building owner permission. Temporary, non-political signs over 6 square feet within the residential zone are not allowed.

5.

Visibility Obstructions. Temporary signs shall not be installed or maintained in any manner so as to impede vehicles or the vision of drivers and pedestrians, or permitted parking adjacent to curb, pedestrian walkways, hinder disabled access, or constitute a hazard to or endanger persons using the sidewalks or recreation trails.

6.

Liability. Any person, party or group posting such temporary signs shall be liable to the City of Villa Park, private property owners and the general public for any injury to persons or property resulting from the placement and maintenance of the sign.

7.

Timeline. All temporary signs pertaining to a particular event or election day shall not be erected more than forty-five (45) calendar days prior to the event to which the sign pertains and shall be removed within five (5) calendar days after the date of the event or election day.

8.

Abatement. If the City Manager or any designated representative finds that any temporary sign has been posted or is being maintained in violation of the provisions of this section, the responsible party shall be given notice to remove said sign(s) within twenty-four (24) hours from the time of said notice. The notice, which may be either a verbal notification or a written notice, shall include a brief statement of the reasons for requiring removal. If the person so notified fails to correct the violation or remove the sign(s), the City may cause said sign(s) to be removed without further notice. If the responsible party for the sign cannot in good faith be located within a reasonable time, the sign shall be deemed abandoned. Signs located in the public right-of-way or on public property may be removed by the City without notice.

Abandonment. Any temporary sign that remains posted for more than six (6) calendar days after the event or election to which it pertains shall also be deemed abandoned. The City Manager or any assigned designee may cause such abandoned signs, and any signs which constitute an immediate peril to persons or property, to be removed summarily and without prior notice. The City shall assess a charge against any person, candidate, entity, party or group posting or placing signs in violation of this section for all costs incurred in the removal.

10.

Theft. It shall be considered "theft" to remove a temporary sign by anyone other than a City official in the act of abatement due to violation of this Section. Private property owners may remove signage from their property or the defined public right-of-way maintained by the owner at any time. Those who otherwise remove a legally placed temporary sign without permission from the person or organization that placed the sign shall be in violation of criminal codes associated with theft and/or trespass.

11.

Sign Identification. For temporary signs that are political, the candidate, committee, or any other authorized person posting temporary signs shall insure that all signs include the name and address or the required committee identification number of the campaign or political organization that paid for the sign ("identification requirements"). Temporary signs of a commercial nature require a contact phone number and address. The identification requirements shall be permanently affixed to the sign in a manner that allows the City Manager or any designated representative, to ensure that the identification requirements will remain affixed to the sign during the duration of the campaign or event.

12.

Limit per property for certain signs. Temporary signs pertaining to a particular special event or election day must be freestanding, and shall be limited to two (2) signs per property for each event, each candidate, or each measure, except that if a political event or other special event is being held on the property, this sign limit shall not apply for the duration of that event. For the purposes of this section, a double-sided sign shall be considered to be one (1) sign.

b.

Protected speech signs shall be subject to the same criteria as listed in Section 23-16.7(a) with the following exceptions:

1.

Protected speech signs shall be considered temporary and the sign shall not remain posted for more than fifty (50) calendar days. Furthermore, protected speech signs shall not be painted onto a fence or wall, regardless if the message is on private or public property.

==> picture [432 x 164] intentionally omitted <==

Exhibit 23-16.7(a)(2)

==> picture [336 x 337] intentionally omitted <==

Exhibit 23-16.7(a)(3)

(Ord. #2008-531, § 1; Ord. #2011-563, §§ 1—3)

ARTICLE 23-17. - RECREATIONAL COURTS AND EXTERIOR LIGHTING OF RECREATION COURTS

Sec. 23-17.1. - Purposes.

This section is intended to regulate the construction of recreational court fencing and exterior court lighting in the E-4 Zone, to secure for the citizens of Villa Park the social and economic advantages resulting from an orderly planned use of its land resources and to protect the general health, safety and welfare of the citizens.

a.

The construction of the recreational courts and the necessary fencing and exterior lighting may be permitted subject to the issuance of a conditional use permit after the normal public hearings and after approval by the City Manager. The property owner shall submit an application for said recreational court, which application shall include a scale drawing of the property clearly showing the property lines and proximity to any dedicated or private streets. In addition, the application shall show the location of the property in proximity to the nearest major cross streets, the location of all existing neighboring structures and a list of all owners within three hundred (300) feet of the exterior boundary of the premises to which the application pertains, and the elevation of the property in relation to all property located within three hundred (300) feet of the subject property.

b.

The detailed plan shall show clearly the areas of the property to be covered by cement, sand, asphalt, or other hard surface, and shall include a separate detailed scale drawing showing the height, location, design, and materials to be used in any fencing and/or screening material to be constructed as a portion of the recreational courts. Said plan shall also clearly show the location, type, and illuminating power of any artificial lighting to be used or installed as an incident to said recreational courts.

c.

The application shall clearly state whether the existing drainage on the subject property will be altered by the construction of the recreational courts. To the extent that the drainage will be altered, the applicant shall include as a part of his application, a grading plan prepared by a registered civil engineer. Said grading plan must show how the drainage will be handled after the completion of the court. The drainage plan shall be reviewed by the City Engineer and must be approved by him prior to the issuance of the conditional use permit.

(Ord. #82-323, § 23)

The City Manager shall receive such application, and shall conduct a public hearing giving proper notices as required by ordinance or law, and may impose any reasonable conditions prior to granting said conditional use permit, including but not limited to the following:

a.

The City Manager may limit the height and location of the fence with respect to the property line of the property as the City Manager shall deem necessary, taking into consideration the site, location, terrain,

existing natural barriers, such as trees, shrubs, or hillsides, and the proximity of said recreational courts to any public or private streets. In addition, the City Manager shall consider the impact that said fence may have on adjoining property owners. Unless special conditions exist, the fencing shall not exceed ten (10) feet in height, and the City Manager may restrict the height to less than ten (10) feet in areas where the City Manager determines that a lower fence would be adequate, provided however that in no case shall a fence be constructed in excess of six (6) feet unless specifically applied for and approved by the City Manager. (See illustrations)

b.

In addition, the City Manager may in his discretion, require the installation of any landscaping, including trees, shrubs, or other natural flora to be installed and maintained between the fence and the property line, if the City Manager finds, after public hearing, that such plants would be necessary to minimize the impact of the fence on any adjacent property.

c.

The City Manager shall have the authority to impose a condition that no net, canvas or other screening device be attached to the fence in excess of the normal height restriction of the front, side or rear yard setback, if the City Manager determines that such net, canvas or screening would unduly interfere with any adjoining property owner.

d.

The City Manager shall consider the intensity and quality of lighting, which must conform to subsection 2317.4 to be installed and, in their discretion, may limit, restrict or prohibit lighting depending upon the circumstances surrounding the property. To the extent that lighting is permitted, its use shall be restricted to the hours of 7:00 a.m. and 10:30 p.m.

e.

The application shall specify the type of fencing to be used including the size, number and spacing of supporting posts, and cross members and the size or gauge of the fencing material to be installed. No view-obstructing fencing will be permitted unless exceptional circumstances exist with respect to the property. If chain link fencing is utilized, it shall be of eleven (11) gauge or heavier.

(Ord. #82-323, § 23)

Sec. 23-17.4. - Lighting Restrictions for Recreational Courts.

a.

Distance of Fixtures and Poles from Lot Lines.

1.

No light fixture shall be located at a horizontal distance less than ten (10) feet from the nearest lot line.

2.

No supporting pole shall be located at a horizontal distance less than five (5) feet from the nearest lot line.

b.

No light fixture or supporting pole shall be located at a vertical distance greater than twenty-two (22) feet from the court surface. This shall mean the highest point of fixture or supporting pole.

c.

Number of Poles and Fixtures Permitted.

1.

No more than one light fixture per six hundred (600) square feet of court surface area is permitted.

2.

A maximum of eight (8) light fixtures per recreational court are permitted.

3.

A maximum of eight (8) poles per recreational court are permitted.

d.

The power rating of the lamp shall not exceed five hundred (500) watts per light fixture.

e.

The total power rating of all lamps shall not exceed one watt per square foot of court surface.

f.

The light fixture must be designed, constructed, mounted and maintained such that, with supplementary shielding the light source is cut-off when viewed from any point above five (5) feet measured outside of the lot at the lot line.

g.

The light fixture must be designed, constructed, mounted, and maintained such that with supplementary shielding as necessary the maximum illumination intensity measured at the wall of any residential building on abutting property shall not exceed one-half (½) footcandle above ambient levels.

h.

The surface area of any recreational court shall be designed, painted, colored and/or textured as to reduce the reflection from any light incident thereon.

i.

Recreational court lighting may be operated only during the hours between 7:00 a.m. and 10:30 p.m.

Sec. 23-17.5. - Certification and Validating of Recreational Court Lighting.

a.

Recreational court lighting design and installation plans shall be certified as conforming to this section prior to the issuance of electrical permits and prior to construction or reconstruction. Certification shall be by a Registered Professional Electrical Engineer.

b.

Recreational court lighting shall be certified as conforming to this section after installation by a Registered Professional Electrical Engineer to the City of Villa Park in writing.

c.

It shall be the duty of the City Engineer to validate conformity of recreational court lighting with the provisions of this section prior to final approval of the electrical construction by the Building Official.

Sec. 23-17.6. - Enforcement, Legal Procedure, Penalties.

a.

Operation of any lighting contrary to the provision of this section is hereby declared to be unlawful and a public nuisance.

b.

It shall be the duty of the City Manager and of all officers of said City otherwise charged with the enforcement of the law to enforce this section and all provisions of the same.

c.

Upon receipt of a complaint, by an identified complainant relative to the provisions in subsection 23-17.4 paragraphs a. through h.

1.

The City shall mail notice to the property owner by registered or certified mail specifying the nature of the alleged violation.

2.

The City shall determine within sixty (60) days the nature of the violation or violations, if any and the date of lighting installation and whether the cause of complaint continues to exist.

3.

If it is determined that the lighting is in compliance with subsection 23-17.4, paragraphs a through h, the City shall send written notification to the property owner and to the complainant that no violation exists as of the date of completion of the investigation.

4.

If it is determined that the lighting is in violation of subsection 23-17.4, paragraphs a through h, the City shall send written notice to the property owner by registered or certified mail and to the complainant specifying the nature of the violation or violations within the conformance time specified in subsection 2318.3.b., for lighting installed prior to November 22, 1976, or within ninety (90) days for lighting installed subsequent to November 22, 1976. The failure to do so will constitute a misdemeanor.

5.

After notification enumerated in paragraphs c1, c2, and c4 of this subsection, and immediately following the period of time permitted for compliance specified in paragraph c4, the duly constituted authorities of the City shall upon order by the City Council immediately commence action or actions, or proceedings to eliminate the violation thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief.

(Ord. #82-323, § 23)

ARTICLE 23-18. - NONCONFORMING USES-STRUCTURES, SIGNS AND LIGHTING

Sec. 23-18.1. - Structures.

The lawful use of land existing at the time this Code or amendments thereto take effect, although such use does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued for a period of one year any future use of said land shall be in conformity with the provisions of this Code.

The lawful use of a building existing at the time this Code or amendments thereto take effect, may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance or permitted under Article 23-13 of this Code are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.

No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of this Code for the zone in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered unless such use is changed to a use permitted under the regulations specified by this Code for such zone in which said building is located; provided, however, that work done in any period of twelve (12) months on ordinary structural alterations or replacement of walls, fixtures or plumbing not exceeding twenty-five (25) percent of the assessed value of the building according to the assessment thereof by the Assessor of the County for the fiscal year in which such work is done shall be permitted provided that the cubical contents of the building as it existed at the time this Code or amendments thereto take effect be not increased.

tions or replacement of walls, fixtures or plumbing not exceeding twenty-five (25) percent of the assessed value of the building according to the assessment thereof by the Assessor of the County for the fiscal year in which such work is done shall be permitted provided that the cubical contents of the building as it existed at the time this Code or amendments thereto take effect be not increased.

An existing main building or structure conforming as to use but which does not conform to the height, yard or building site area regulations of the zone in which it is located may be altered, added to or enlarged, provided such alteration, addition or enlargement complies with such zone regulations and the size of the

building as altered or enlarged does not exceed the size permitted by said height, yard and building site area regulations.

If at any time any building in existence or maintained at the time this Code or amendments thereto take effect which does not conform to the regulations for the zone in which it is located shall be destroyed by fire, explosion, act of God or act of the public enemy to the extent of more than fifty (50) percent of the total replacement value thereof, then and without further action by the City Council said building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all the regulations specified by this Code for the zone in which such land and building are located.

(Ord. #88-376)

Sec. 23-18.2. - Signs.

a.

General Provisions.

1.

A nonconforming sign may not be:

(a)

Changed to another nonconforming sign;

(b)

Structurally altered so as to extend its useful life;

(c)

Expanded;

(d)

Reestablished after discontinuance for ninety (90) days or more;

(e)

Reestablished after damage or destruction of more than fifty (50) percent of the value.

2.

All illegal signs shall be removed or made to conform to this Chapter within ninety (90) days.

3.

All nonconforming signs shall be removed or made to conform according to Schedule I or Schedule II, whichever is longer.

b.

Schedule I. Time periods are calculated from the date of adoption of this section.

1.

Painted wall window sign—Four (4) months.

2.

Wood frame sign—Four (4) months.

3.

Metal frame, neon sign—Four (4) months.

c.

Schedule II. Time periods are calculated from the date of adoption of the enabling legislation.

d.

An owner of a sign who desires to rely on an amortization period longer than four (4) months for a painted wall sign, four (4) months for a metal frame or neon sign, shall file with the City Council, on forms provided, a statement setting forth the value of said nonconforming sign on the date of adoption of this section. In no case, however, shall the declared value exceed the estimated replacement value for the said nonconforming sign. The City Manager shall use the current construction costs for each sign type for estimating replacement value.

(Ord. #82-323, § 23)

Sec. 23-18.3. - Lighting.

a.

General Provisions.

1.

Nonconforming exterior lighting may not be:

(a)

Changed to other nonconforming lighting;

(b)

Structurally altered so as to extend its useful life;

(c)

Expanded;

(d)

Reestablished after damage or destruction of more than fifty (50) percent of the value.

b.

All nonconforming recreational court lighting fixtures shall be modified and made to conform according to the following schedule wherein the time for conformance shall commence with the written notification for the City Manager of nonconformance with this section.

However, in no event shall the conformance time for any property, the owner of which has been given written notice of nonconformance, extend beyond a change of ownership of the property. A copy of the notice shall also be recorded with the County Recorder containing a legal description of the property.

c.

Any recreational court lighting installed prior to November 22, 1976, adopted date of Urgency Ordinance No. 76-247, An Urgency Ordinance of The City Council of The City of Villa Park Declaring A Moratorium On Any New Recreational Court Lighting For A Period of 120 Days, which does not conform to the provisions of this chapter need not necessarily be completely removed or relocated if the property owner can demonstrate all of the following to the satisfaction of the City Council.

1.

That the existing installation is an integral part of the recreational court.

That a significant expense would be required to relocate the lighting system.

3.

That the new location of the light fixture or support poles would interfere with the usability of the recreational court.

4.

That there is some other way to substantially meet the objective of this chapter.

Any property owner desiring relief from the requirements to conform to the provisions of this section shall prior to the expiration of period prescribed in paragraph b. of this subsection file an application for relief with the City Council. Such application shall be in the form of a conditional use permit, but no fee shall be required. The City shall give notice of a public hearing to be held in the appropriate form and manner required for a conditional use permit.

The decision of the City Council in these matters shall be final.

(Ord. #82-323, § 23)

ARTICLE 23-19. - VARIANCES, CONDITIONAL USES AND ZONE CHANGES

Sec. 23-19.1. - Purpose—Zone Change.

The zoning map and zoning regulations may be amended by changing the boundaries of any zone or by changing any zone regulation or any other provision of this chapter in accord with the procedure prescribed in this section and state law. In the event of any conflict state law shall control.

(Ord. #2004-502, § 1)

Sec. 23-19.2. - Purposes and Authorization—Variances.

a.

Variance from the terms of the zoning chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

b.

The power to grant variances does not extend to use regulations. Flexibility to the zoning regulations is provided in the conditional uses provisions of this chapter.

c.

The City Council may grant variances to the regulations prescribed by this chapter, in accord with the procedure prescribed in this section, with respect to fences, walls, hedges, screening, and landscaping; site area, width and depth; front, rear and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities, or frontage on public street. With respect to rear and side yard setbacks, the City Manager is authorized to act on variances decreasing not more than twenty-five (25) percent of said setbacks as prescribed in Article 23-20.

(Ord. #82-323, § 23)

Sec. 23-19.3. - Purposes and Authorizations—Conditional Uses.

In order to give the use regulations the flexibility necessary to achieve the objectives of this chapter, in certain zones conditional uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zone

regulations and to impose reasonable conditions upon the granting of conditional use permits. The City Manager pursuant to Article 23-17 is authorized to act on conditional use permits for recreational courts and recreational court lighting. In all cases, the City Council has the final authority in the granting of conditional use permits.

(Ord. #82-323, § 23)

Sec. 23-19.4. - Initiation—Zone Change.

a.

Change in the boundaries of any zone application for zone change, variance or conditional use permit may be initiated by the owner or the authorized agent of the owner of the property by filing an application for same as prescribed in this section. If the property for which a change of zone, variance or use permit is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

b.

A change in the boundaries of any zone or a change in the regulations may be initiated by Resolution of the City Council.

Sec. 23-19.5. - Variances, Conditional Uses and Zone Changes Application: Data and Maps to be Furnished.

Application for variances, conditional use permits or zone changes shall be filed with the City Manager on a form prescribed by the City Manager and shall include the following data and maps:

a.

Name and address of the applicant.

b.

Statement that the applicant is the owner or authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right-of-way.

c.

Address and legal description of the property.

d.

In the case of a conditional use permit a statement indicating the precise manner of compliance with each of the applicable provisions of this section, together with any other data pertinent to the findings prerequisite to the granting of a use permit, prescribed in subsection 23-19.15.

e.

In the case of a variance, a statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning regulations that would result from a strict or literal interpretation and enforcement of the specified regulation, together with any other data pertinent to the findings prerequisite to the granting of a variance, prescribed in subsection 23-19.11.

f.

A list of all owners of property located within three hundred (300) feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties.

g.

In the case of a conditional use permit, plot plans and elevations, fully dimensioned and drawn to scale, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included.

h.

In the case of a variance and zone change, an accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than five (5) feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking facilities and landscaped areas.

i.

The City Manager may require additional information or plans, if they are necessary, to enable a determination as to whether the circumstances prescribed for the granting of a variance, conditional use permit or zone change exist. The City Manager may authorize omission of any or all of the plans and drawings required by this section if they are not necessary.

(Ord. #82-323, § 23)

The application shall be accompanied by a fee established by resolution or ordinance of the City Council to cover the cost of handling the application as prescribed in this section. In the case of a variance, a single application may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two (2) or more adjacent sites with similar characteristics.

The City Council shall hold at least one public hearing on each application for variance, conditional use permit or zone change. The hearing shall be set and notice given as prescribed in subsection 23-19.8. At the public hearing, the Council shall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the application, its consistence with the objectives of this Code and the General Plan and conditions under which it would be effectively operated or maintained, particularly with respect to the findings prescribed in subsections 23-19.11 through 23-19.16 as applicable.

Sec. 23-19.8. - Public Hearing, Time and Notice.

The City Clerk shall set the time and place of public hearings required by this chapter to be held by the City Council, provided that the Council may change the time or place of a hearing. However, the Council shall hold a public hearing within forty (40) days after the application for an amendment, use permit, or variance has been filed unless the applicant shall consent to an extension of time. Notice of a public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by posting the subject property and posting a public notice in a conspicuous place at the following locations: City Hall, Ralphs Market, Wells Fargo Bank. When the hearing concerns a matter other than an amendment to the text of this chapter, notices of public hearings before the City Council shall be mailed to all persons whose names appear on the latest adopted tax roll of Orange County as owning property within three hundred (300) feet of the exterior boundaries of the property that is the subject of the hearing.

Sec. 23-19.9. - Investigation and Report.

The City Manager shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the City Council and made available to the applicant prior to the public hearing.

(Ord. #82-323, § 23)

Sec. 23-19.10. - Action of the City Council on Variance or Conditional Use Permit.

Within thirty-one (31) days following the closing of the public hearing on a variance or conditional use permit application, the City Council shall act on the application. The Council may grant by resolution, adopted by at least three (3) affirmative votes, a variance or conditional use permit as it was applied for or in a modified form, or the application may be denied. Variances or use permits may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Council may prescribe. Conditions may include, but shall not be limited to, requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation;

d time period, or may be granted subject to such conditions as the Council may prescribe. Conditions may include, but shall not be limited to, requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation;

regulation of signs; regulation of hours of operation and methods of operation; control of potential nuisances; prescribing standards of maintenance of buildings and grounds; prescription of development schedules and development standards; and such other conditions as the Council may deem necessary to insure compatibility of the use with surrounding developments and uses and to preserve the public health, safety and welfare. Variances from regulations prescribed elsewhere in the zoning chapter, for fences, walls, hedges, screening and landscaping, site area, width and depth, front, rear and side yards, coverage, height of structures; distances between structures, usable open space, signs, off-street parking facilities or frontage on a public street shall be separately administered in accordance with the procedures in this section.

(Ord. #2004-502, § 2)

Sec. 23-19.11. - Findings—Variances.

The City Council or City Manager may grant a variance to a regulation prescribed by this chapter with respect to fences, walls, hedges, screening or landscaping, site area, width or depth, front, rear, or side yards, coverage, height of structures, distances between structures, usable open space, or frontage on a public street, as the variance was applied for in modified form, if, on the basis of application and the evidence submitted, the Council or Manager makes findings of fact that establish that the circumstances prescribed in paragraphs a., b., or c., and in paragraphs d. and e. below do apply.

a.

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter.

b.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone.

c.

That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone.

d.

That the granting of the variance will not constitute the granting of a special privilege inconsistent with the limitations on other properties classified in the same zone.

e.

That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

(Ord. #82-323, § 23)

Sec. 23-19.12. - Signs: Additional Findings.

The City Council may grant a variance to a regulation prescribed by this chapter with respect to signs as the variance was applied for or in modified form if, on the basis of the application and the evidence submitted, the Council makes findings of fact that establish that the circumstances prescribed in subsection 23-19.11 apply and the following circumstances also apply:

a.

That the granting of the variance will not detract from the attractiveness or orderliness of the City's appearance or the surrounding neighborhood.

b.

That the granting of the variance will not create a hazard to public safety.

The City Council may grant a variance to a regulation prescribed by this chapter with respect to off-street parking facilities as the variance was applied for or in modified form if, on the basis of the application and the evidence submitted, the Council makes findings of fact that establish that the circumstances prescribed in subsection 23-19.11 apply and the following circumstances also apply:

a.

That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.

b.

That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

c.

That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this chapter.

Sec. 23-19.14. - TV Reception Antennae: Additional Findings.

A variance shall be obtained prior to the installation of any antenna and supporting mast or tower which would not be in compliance with the regulations set forth in subsection 23-6.8d, which is limited to television reception only.

Granting of a variance shall be based on findings that the height restriction of this Code would impair the ability to receive the normal television reception as a result of special circumstances applicable to the property, including size, shape, topography, location, or surroundings and strict application of the Code would deprive the property from the privileges enjoyed by other property in the City.

Sec. 23-19.15. - Findings—Conditional Use Permit.

The City Council or City Manager shall make the following findings before granting a conditional use permit:

a.

That the proposed location of the conditional use is in accord with the objectives of this Code and the purpose of the zone in which the site is located.

b.

That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

c.

That the proposed conditional use will comply with each of the applicable provisions of this Code, except for approved variances.

d.

With regard to antennae, supporting masts or towers, the granting of a conditional use permit shall be conditioned so that it will terminate on the sale or transfer of ownership of the property by the applicant.

(Ord. #82-323, § 23)

Sec. 23-19.16. - Zone Change.

The City Council may grant or deny applications for a zone change in accordance with state law. Any zone change shall be enacted by ordinance and shall be consistent with the General Plan.

(Ord. #2004-502, § 3)

Sec. 23-19.17. - Effective Date of Variance, Use Permit and Zone Change.

A variance and use permit shall become effective immediately after it is granted by the City Council. A zone change requires first and second reading of an ordinance which shall become effective thirty (30) days after final reading.

Sec. 23-19.18. - Change of Zoning Map.

A change in zone boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map.

Sec. 23-19.19. - Lapse of Variance or Conditional Use Permit.

a.

A variance or conditional use permit shall lapse and shall become void one (1) year following the date on which the variance or use permit became effective, unless prior to the expiration of one (1) year, a building permit is issued, or a certificate of occupancy is issued for the structure which was the subject of the application, or the site is occupied if no building permit or certificate of occupancy is required, provided

that a use permit for a public utility installation may be valid for a longer period if specified by the City Council.

b.

A variance or use permit may be renewed for an additional period of one (1) year provided that prior to the expiration of one (1) year from the date when it or the renewal of same became effective, an application for renewal of the variance is filed with the City Manager.

c.

The City Council may grant or deny an application for renewal of a variance or use permit.

(Ord. #82-323, § 23; Ord. #2015-595, § 3)

Sec. 23-19.20. - Pre-Existing Conditional Uses.

a.

A conditional use legally established prior to the effective date of this chapter or prior to the effective date of subsequent amendments to the regulations or zone boundaries, shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any.

b.

Alteration or expansion of a pre-existing conditional use shall be permitted only upon the granting of a use permit as prescribed in this section, provided that alterations not exceeding two thousand five hundred ($2,500.00) dollars in value as determined by the Building Official shall be permitted without the granting of a conditional use permit.

c.

A conditional use permit shall be required for the reconstruction of a structure housing a pre-existing conditional use if the structure is destroyed by fire or other calamity, by act of God or by the public enemy to a greater extent than fifty (50) percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the City Engineer and Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.

Sec. 23-19.21. - Modification of Conditional Use.

Subsections 23-19.5 through 23-19.10 shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modifications may be approved by the City Manager if he determines that the changes would not affect the findings prescribed in subsection 23-19.15.

(Ord. #82-323, § 23)

Sec. 23-19.22. - Suspension and Revocation.

Upon violation of any applicable provision of this Chapter, or, if granted subject to conditions, upon failure to comply with conditions, a variance or conditional use permit shall be suspended automatically. The City Council shall hold a public hearing within forty (40) days, in accordance with the procedure prescribed in subsection 23-19.7, and if not satisfied that the regulation, general provision, or condition is being complied with, by at least three (3) affirmative votes, may revoke the variance or conditional use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. The decision of the Council revoking a variance shall become effective fifteen (15) days following the date on which it was revoked.

(Ord. #2004-502, § 4)

Following the denial or revocation of a variance, conditional use permit or zone change application, no application for the same or substantially the same variance, use permit or zone change on the same or substantially the same site shall be filed within one year of the date of denial or revocation of same.

Sec. 23-19.24. - Variance and Use Permit Related to Plans Submitted.

Unless otherwise specified at the time a variance or conditional use permit is granted, it shall apply only to the plans and drawings submitted as part of the application.

Sec. 23-19.25. - Conditional Use Permit to Run With the Land.

A conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application.

Sec. 23-19.26. - Conditional Use Permit and Change of Zone Filed Concurrently.

Application for a conditional use permit may be made at the same time as application for a change in zone boundaries including the same property, in which case the City Council shall hold the public hearing on the zoning reclassification and the use permit at the same meeting and may combine the two (2) hearings. For the purposes of this subsection, the date of the Council decision on the use permit application shall be the same as the date of enactment by the City Council of an ordinance changing the zone boundaries.