Title 18
ZONING
Chapters:
18.04 General Provisions
18.08 Definitions
18.12 Districts Established--Boundaries
18.16 District Regulations
18.18 Rural Residential Agricultural (R-R) District
18.20 Planned Unit Developments
18.24 General Regulations
18.28 Nonconforming Uses
18.32 Permits and Variances
18.36 Amendments
18.40 Appeals
18.44 Enforcement and Penalty
18.48 Parking and Loading Requirements
18.52 Second Dwelling Units
Chapter 18.04
GENERAL PROVISIONS
Sections:
18.04.010 Adoption.
18.04.020 Purpose.
18.04.030 Short title.
18.04.040 Fees to be set by resolution
18.04.010 Adoption. There
is adopted a premises zoning plan for the city. Said plan is adopted to promote
and protect the public health, safety, peace, morals, comfort and general
welfare.
18.04.020 Purposes. The
purpose of this title is to provide for regulations for the systematic
execution of the land use element of the general plan for the physical development
of the city.
18.04.030 Short
title. The ordinance codified in this title shall be
known by the following short title: "The city of
18.04.040 Fees to be set by
resolution. The city council shall, by resolution, set fees from time to
time for the processing and review of application, maps and other proceedings
under Title 18 of this code. Such fees shall include sums to be paid to any
consultant retained by city and approved by the city council.
Chapter 18.08
DEFINITIONS
Sections:
18.08.010 Generally.
18.08.020 Alley.
18.08.030 Apartment.
18.08.040 Block.
18.08.050 Boardinghouse.
18.08.100 Business, retail.
18.08.110 Business, wholesale.
18.08.120 Combining district.
18.08.130 District.
18.08.140 Dwelling.
18.08.150 Dwelling group.
18.08.160 Dwelling, multiple.
18.08.170 Dwelling,
single-family.
18.08.180 Dwelling, two-family.
18.08.190 Dwelling,
three-family.
18.08.200 Family.
18.08.210 Fence.
18.08.220 Garage-Carport.
18.08.230 Guesthouse.
18.08.240 Height of building.
18.08.250 Home occupation.
18.08.260 Hotel.
18.08.270 Junkyard.
18.08.280
18.08.290
18.08.300
18.08.310
18.08.320
18.08.330
18.08.340 Lot, through.
18.08.350 Motel--Hotel.
18.08.360 Nonconforming use.
18.08.370
Office.
18.08.380
Parking space.
18.08.390
Person.
18.08.400
Resthome.
18.08.410
Roominghouse.
18.08.420
Sanitarium.
18.08.430
Setback line.
18.08.440 Sign.
18.08.450 Street.
18.08.460 Street line.
18.08.470 Structural
alterations.
18.08.480 Structure.
18.08.490 Trailer court.
18.08.500 Use.
18.08.510 Use, accessory.
18.08.520 Yard.
18.08.530 Yard, front.
18.08.540 Yard, rear.
18.08.550 Yard, side.
18.08.010 Generally. A. For
the purpose of this title, certain terms are defined in this chapter.
B. Words used in the
present tense include the future; words used in the singular include plural;
the word "shall" is mandatory, and the word "may" is
permissive.
C. Definitions of the
terms used in this title are set forth in Sections 18.08.020 through 18.08.550.
18.08.020 Alley.
"Alley" means a public or private thoroughfare which affords only a
secondary means of access to abutting property.
18.08.030 Apartment.
"Apartment" means any building or portion thereof which is designed
and built for occupancy of four or more families.
18.08.040 Block.
"Block" means all property fronting upon one side of a street,
between intersecting and intercepting streets, or between a street and a
railroad right-of-way, waterway, deadend street or unsubdivided land. An intercepting street shall determine
only the boundary of the block on the side of a street which it intercepts.
18.08.050 Boardinghouse.
"Boardinghouse" means a dwelling other than a hotel, where lodging
and/or meals for three (3) or more persons is provided for compensation.
18.08.100 Business,
retail. "Retail business" means the retail sale of any
article, substance or commodity, within a building, but not
including the sale of lumber or other building materials.
18.08.110 Business,
wholesale. "Wholesale business" means the wholesale
handling of any article, substance or commodity, but not including the handling
of lumber or other building materials or the open storage or sale of any
material or commodity, and not including the processing or
manufacture of any product or substance.
18.08.120 Combining
district. "Combining district" means any district in
which the general district regulations are combined with those
special districts defined in Section 18.12.020 for the purpose of
adding additional special regulations.
18.08.130 District.
"District" means a portion of the city within which certain uses of
land and buildings are permitted or prohibited and within which certain yards
and other open spaces are required and certain height limits are established
for buildings, all as set forth and specified in this title.
18.08.140 Dwelling.
"Dwelling" means a building or portion thereof designed and
used exclusively for residential occupancy, including
one-family, two-family, three-family dwellings and apartments, and
multiple-family dwellings, but not including hotels, motels or boardinghouses.
18.08.150 Dwelling
group. "Dwelling group" means a group of two or more detached or semi-detached,
one-family, two-family, or multiple-family dwellings occupying a parcel of land
in one ownership and having any yard or court in common, but not including
automobile courts.
18.08.160 Dwelling,
multiple. "Multiple dwelling" means a building, or portion
thereof, used and designed as a residence for four or more families living
independently of each other and doing their own cooking in said building,
including apartment houses, apartment hotels and flats, but not including
motels, boardinghouses and hotels.
18.08.170
Dwelling, single-family.
"Single-family dwelling" means a building designed for or used to
house not more than one family, including all necessary employees of such
family.
18.08.180 Dwelling, two-family.
"Two-family dwelling" or "duplex" means a building
containing not more than two kitchens, designed and/or used to house not more
than two families, living independently of each other, including all necessary
employees of each such family.
18.08.190 Dwelling, three-family. "Three-family
dwelling" or "triplex" means a building containing not more than
three kitchens, designed and/or used to house not more than three families,
living independently of each other, including all necessary employees of each
such family.
18.08.200 Family.
"Family" means one or more persons occupying a premises and living as
a single housekeeping unit, as distinguished from a group occupying a hotel,
club, fraternity or sorority house. A family shall be deemed to include
necessary servants.
18.08.210 Fence.
"Fence" means any structural device forming a physical barrier by
means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other
similar materials.
18.08.220 Garage--Carport. "Garage" or
"carport" means accessible and usable covered space of not less than
ten by twenty feet each for the storage of automobiles.
18.08.230 Guesthouse.
"Guesthouse" means detached living quarters of a permanent type of
construction and without kitchens or cooking facilities, and where no
compensation in any form is received or paid.
18.08.240 Height
of building. "Height of building" means the vertical
distance from the average level of the highest and lowest point of that portion
of the lot covered by the building to the topmost point of the roof, excluding
elevator equipment rooms, ventilating and air-conditioning equipment.
18.08.250 Home
occupation. "Home occupation" means an operation conducted
on the premises by the occupant of the dwelling as a secondary use in
connection therewith, and where there are no advertising signs, no display, no
connection therewith and no mechanical equipment designed to be used in
connection therein, other than that necessary or convenient for domestic
purposes.
18.08.260 Hotel. For
the definitions of "hotel," see "motel," defined in Section
18.08.350.
18.08.270 Junkyard.
"Junkyard" means more than one hundred square feet of the area of any
lot used for the storage of junk, including scrap metals, salvage or other
scrap materials, or for the dismantling or wrecking of automobiles
or other vehicles or machinery, whether for sale or storage.
18.08.280
18.08.290
18.08.300
18.08.310
18.08.320
18.08.330
18.08.340 Lot,
through. "Through lot" means a lot having frontage on
two parallel or approximately parallel streets.
18.08.350 Motel--Hotel.
"Motel" or "hotel" means a single building or a group of
detached or semidetached buildings containing guestrooms or apartments, which
group is designed and used primarily for the accommodation of transient
automobile travelers.
18.08.360 Nonconforming
use. "Nonconforming use" means a use that does not
conform to the regulations for the district in which it is situated.
18.08.370 Office.
"Office" means a business establishment for rendering of service or
administration, but excluding retail sales.
18.08.380 Parking
space. "Parking space" means an accessible and usable
space on the building site, or adjacent lot, at least nine feet by twenty feet,
for the parking of automobiles.
18.08.390 Person.
"Person" includes any individual, city, county, or city and county,
partnerships, corporations, cooperatives, associations, trust or any other
legal entities, including the state and the federal government.
18.08.400 Rest
home. "Rest home" means any premises licensed under
Section 2300 of the Welfare and Institutions Code of the state.
18.08.410 Roominghouse. For the definition of
"roominghouse" see
"boardinghouse," defined in Section 18.08.050.
18.08.420 Sanitarium.
"Sanitarium" means a health station or retreat or other
place where patients are housed, and where treatment is given, but excluding
mental institutions or institutions for treatment of persons addicted to the
use of drugs.
18.08.430 Setback
line. "Setback line" means a line established by
this title to govern the placement of buildings or structures with respect to
lot lines, streets or alleys.
18.08.440 Sign.
"Sign" means any advertising display or structure.
18.08.450 Street.
"Street" means a public thorough-fare
which affords principal means of access to abutting property, including avenue,
place, way, drive, land, boulevard, highway, road and any other thoroughfare
except an alley as defined in this chapter.
18.08.460 Street
line. "Street line" means the boundary between a street
right-of-way and property.
18.08.470 Structural
alterations. "Structural alterations" means any change in
the supporting members of a structure, such as bearing walls, columns, beams or
girders.
18.08.480 Structure.
"Structure" means anything constructed or erected, the use of which
requires location on or in the ground, or attachment to something having
location on the ground, including swimming pools, excluding driveways, patios
or parking spaces.
18.08.490 Trailer
court. "Trailer court" means land or premises used,
or intended to be used, let or rented for occupancy by one or more trailers or
movable dwellings, rooms or sleeping quarters of any kind.
18.08.500 Use.
"Use" means the purpose for which land or a building is designed,
arranged or intended or for which either land or buildings is or may be
occupied or maintained.
18.08.510 Use,
accessory. "Accessory use" means a use incidental or
subordinate to, and devoted exclusively to, the main use of a lot or a building
located on the same lot.
18.08.520 Yard.
"Yard" means an open space other than a court on the same lot with a
building, which open space is unoccupied and unobstructed from the ground
upward, except as otherwise permitted in Chapter 18.24.
18.08.530 Yard,
front. "Front yard" means a yard extending across the
front of the lot between the side yard lines and measured from the front line
of the lot to the nearest line of the building; provided, however, that if any
official plan line has been established for the street upon which the lot
faces, the front yard measurement shall be taken from such official plan line
to the nearest line of the building.
18.08.540 Yard,
rear. "Rear yard" means a yard extending across the
full width of the lot and measured between the rear line of the lot and the
nearest line of the main building.
18.08.550 Yard,
side. "Side yard" means a yard between the side line
of the lot and the nearest line of the building and extending from the front
line of the lot to the rear yard.
Chapter 18.12
DISTRICTS
ESTABLISHED--BOUNDARIES
Sections:
18.12.010 Districts established.
18.12.020 Combining district.
18.12.030 Boundaries--Generally.
18.12.130 Boundaries--Changes.
18.12.140 Zoning map adopted.
18.12.010 Districts
established. There are established the several districts into which the
city is divided and which are designated as follows:
A.Low-density residential district
or R-1 district;
B.Rural residential agricultural
district or R-R district;
C.Medium-density residential
district or R-2 district;
D.High-density residential
district or R-3 district;
E.High-density
residential/professional district or R-4 district;
F.Retail commercial district or
C-1 district;
G.General commercial district or
C-2 district;
H. Limited industrial district or C-M district;
I.
General industrial district or M district;
J. Planned unit development district or P-D district;
K. Unclassified or U district;
L. Open space or OS district.
18.12.020 Combining
district. In addition to the districts established in Section 18.12.010,
there is established a combining district which may be combined with any of the
districts set forth in Section 18.12.010. Said district shall be designated as
follows: "Combining lot size district or B district."
18.12.030 Boundaries--Generally. The
boundaries of the districts designated and established by Section 18.12.010 are
as follows: The territory hereinafter referred to is situated and is portions
of Section 31, Township 42 north, Range 4 west, Mount Diablo Meridian, a
portion of Sections 35 and 36, Township 42 north, Range 5 west, Mount Diablo
Meridian, and a portion of Sections 1, 2, 11, 12, 13 and 14, Township 41 north,
Range 5 west, Mount Diablo Meridian.
18.12.130 Boundaries--Changes.
Changes in the boundaries of districts shall be made by ordinance in the
manner provided in Chapter 18.36, said ordinance describing the
area to be changed either by lot and block number or by metes and bounds.
18.12.140 Zoning
map adopted. The designations, locations and boundaries of districts
established in Section 18.12.010 are delineated upon the map entitled
"Zoning Map for
Chapter 18.16
Sections:
18.16.010 Compliance required.
18.16.020 Adopted by planning commission and city
council--Copies available.
18.16.010 Compliance required.
Except as provided in this chapter and Chapter 18.20, no structure shall be
erected, reconstructed, enlarged, altered or moved; nor shall any building or
land be used except as hereinafter specifically provided and allowed in the
districts in which such structure and land are located.
18.16.020 Adopted by planning commission and city
council--Copies available. The planning commission shall adopt rules and
regulations which shall include but not be limited to changes in uses permitted
within particular districts, occupancy requirements and uses requiring use
permits. Such regulations, in addition to the written portions thereof, shall
include a chart of districting regulations. Regulations, when so adopted by the
planning commission, shall be submitted to the city council for its approval
and, if approved by resolution of the city council, shall be in effect thirty
days from and after the date of such approval. An original counterpart of such
rules shall be filed in the office of the city clerk, another original
counterpart in the office of the planning commission, and printed copies shall be
made available for the use of persons desiring the same for which copies a
reasonable charge shall be made, which charge shall be established by
resolution of the city council
Chapter 18.18
RURAL RESIDENTIAL AGRICULTURAL
(R-R) DISTRICT
Sections:
18.18.010 R-R district.
18.18.020 Uses permitted.
18.18.030 Conditional uses permitted.
18.18.040 Minimum lot size.
18.18.010 R-R district. The regulations set forth in
this chapter shall apply in the rural residential agricultural district. The
R-R district is intended to provide an area for rural residential uses.
18.18.020 Uses permitted. The following uses
shall be permitted in the R-R district:
A.One single-family dwelling;
B. Small acreage farming, except commercial dairies,
commercial kennels, commercial rabbit, fox, goat, horse and hog farms,
commercial chicken or poultry ranches, riding stables, rodeos or commercial
horse rentals;
C. Accessory uses and buildings normally incidental to
single-family dwellings or small farming;
D. Crop and tree farming;
E. One guest house under eight
hundred square feet;
F. Greenhouses, noncommercial;
G. One residential storage building, subject to
regulations set forth in this code;
H. Amateur radio antennas. When used for private,
noncommercial purposes, amateur radio antennas may be permitted in the R-R
district. Height limitations may be exceeded by adding one foot yard setback
for every foot of height in excess of those permitted by the zoning
ordinance.
18.18.030 Conditional uses permitted. Subject to
obtaining a use permit, the following uses shall be permitted in the R-R
district:
A. Churches, schools, parks, playgrounds, and
public utility and public buildings and uses;
B. Home occupations;
C. Heavy equipment and vehicle parking, subject to the
following limitations:
1. The equipment
is resident-owned and operated.
2. Equipment does
not include material, parts or supplies not incidental to the equipment.
3. The equipment
storage area is limited to ten percent of the ownership, or one-quarter acre, whichever
is less.
4. Access shall be
sufficient to carry the equipment without sustaining undue damage. Permits
issued under this section may require that only unloaded equipment be parked.
5. Aesthetic
screening shall be provided acceptable to the planning commission, enclosing
the proposed equipment area as needed.
6. All health and
safety approvals must be received.
18.18.040 Minimum lot size. The minimum lot size permitted
in R-R districts shall be five acres.
Chapter 18.20
PLANNED UNIT DEVELOPMENTS
Sections:
18.20.010 Purpose.
18.20.020 Located in any
district.
18.20.030 Permitted uses and
conditionally permitted uses.
18.20.040 Site area.
18.20.050 Standards.
18.20.060 Prohibited uses.
18.20.070 Processing of
application for establishment of district.
18.20.080 Planned unit
district--Established.
18.20.100 District established—Mountain Meadows
Subdivision
18.20.010 Purpose. Planned
unit developments, involving the careful application of design, are encouraged
to achieve a more functional, aesthetical pleasing and harmonious living and
working environment within the city which otherwise might not be possible by
strict adherence to the regulations of this title. The planned unit development
district is designed to accommodate various types of developments, such as
neighborhood and district shopping centers, professional and administrative
areas, multiple housing developments, single-family housing developments,
commercial service centers and industrial parks, or any other use or
combination of uses which can be made appropriately a part of a
planned unit development. The planned unit development district is
intended to enable and encourage flexibility of design and development of
land in such manner as to promote its most appropriate use; to allow
diversification in the relationship of various uses, structures and spaces; to
facilitate the adequate and economical provision of streets and utilities; to
preserve the natural and scenic qualities of open space and offer recreational
opportunities close to home; to enhance the appearance of neighborhoods through
the preservation of natural green spaces; and to counteract the effects of
urban congestion and monotony.
The proposed development shall be designed to produce an
environment of a stable and desirable character and shall provide standards of
open space and permanently reserved areas for off-street parking adequate for
the occupancy proposed, and at least equivalent to
those required elsewhere by the provisions of this title for
such use. In case of residential development, it shall include provisions
for recreation areas to meet the needs of the anticipated population.
Any land use permitted by this title may be considered as a use within the planned unit development district.
18.20.020 Located
in any district. A planned unit development may be located
in any district upon the amendment of Ordinance 45-63 to provide for
redistricting as a planned unit development district, otherwise designated as a
PD district.
18.20.030 Permitted
uses and conditionally permitted uses. Any land use permitted by this title
may be considered as a use within a planned unit development (PUD) district
provided such use is shown on the development plan. A use permit is required
for each subsequent use or groups of uses within a multi-use planned unit
development. A use permit is not required for a single use planned unit
development. A "single use" is defined as a use or group of uses
intended as the primary use of the parcel. Uses subordinate to the identified
primary use are subject to a use permit.
18.20.040 Site
area. The minimum site area for a planned unit development
shall be determined by the minimum conventional zoning site area for the types
of uses proposed within the development.
Types of
uses Site area
R-1 (single family residential) 5,400 - 10,000 square feet
R-2 (medium density residential) 5,400 - 7,000 square feet
R-3 (high density residential) 6,000 - 7,000 square feet
R-4 (high density residential/professional)
5,400 square
feet to 5 acres
C-1 (retail commercial) 2,500 square feet
C-2 (general commercial) 2,500 square feet
C-M (limited industrial) 10,000 square feet
C-2 (general commercial) 2,500 - 10,000 square feet
C-M (limited industrial) 10,000 square feet
M (general industrial) 2,500 - 10,000 square feet
OS (Open space) 10,000 square feet
18.20.050 Standards. The
standards of site area and dimensions, site coverage, yard spaces,
distances between structures, off-street parking and off-street loading facilities
and landscaped areas need not be equivalent to the standards prescribed
for the regulations for other districts which involve similar uses if the
applicant has demonstrated, by his design proposal, that the objectives of this
title will be achieved.
The average population density per net acre may not exceed
the maximum population density prescribed by the site area regulations or the
site area per dwelling regulations of other comparable districts, unless the applicant
can demonstrate, by his design proposal and such additional evidence as
may be submitted, that the objectives of this title will be achieved. Since
planned unit developments may also involve the subdivision process, the
applicant must be prepared to show what changes in conventional street and
lot design will be necessary to achieve the desired goals.
18.20.060 Prohibited
uses. No use shall be permitted, and no process, equipment or
material shall be employed, which is found by the planning
commission to be objectionable to persons residing or working in the vicinity
or injurious to property located in the vicinity by reason of odor, fumes,
dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration,
illuminations, glare, unsightliness or heavy truck traffic or to involve any
hazard of fire or explosion.
18.20.070 Processing of application for establishment of
district. The regulations provided in Chapter 18.36 shall control the
procedure for making application for and processing of an amendment of
Ordinance No. 45-63 for zoning as a planned unit development district, subject
to the following exceptions:
A. The application shall be
accompanied by a development plan of the entire planned unit development, drawn
to scale and showing the contours of the site in intervals of not more than
five feet and provisions for: draining of surface waters, watercourses;
railroad and public utility rights-of-way; streets; driveways and pedestrian
walks; off-street parking and loading facilities; reservations and dedications
for public uses; private uses, including dwelling types, not layout, locations,
heights and elevations of structures and landscaped areas.
B. In addition to the data
prescribed in Chapter 18.36 and subsection A of this section, the application
shall be accompanied by a tabulation of the area proposed to be
devoted to each land use and a tabulation of the average
population density per net acre and per gross acre in the area or areas
proposed to be devoted to residential use.
C. When a planned unit
development involves proposals which necessitate the filing of a tentative
subdivision map and which would also necessitate the granting of exceptions of
the regulations of the subdivision ordinance, the city council, on the
recommendation of the planning commission, may grant tentative approval of the
proposal. Where such tentative approval is requested by the applicant, the
requirements of subsections A and B of this section may be waived temporarily,
provided the applicant submits the following:
1. In lieu of the
drawing of the site prescribed in paragraph (1) of this section, the
application shall be accompanied by a schematic drawing, drawn to a minimum
scale of one inch equals one hundred feet, showing the general relationships
contemplated among all public and private uses and
existing and proposed physical features.
2. A written
statement setting forth the source of water supply, method of sewage
disposal, means of drainage, dwelling types, nonresidential
uses, lot layout, public and private access, height of structures,
lighting, landscaped areas and provisions for maintenance of landscaped areas, area to
be devoted to various uses, and population density per acre
and per gross acre contemplated by the applicant.
Upon approval of a tentative subdivision map in accordance
with the procedures prescribed by the subdivision ordinance the applicant shall
submit a detailed development plan in accordance with the requirements of
subsections A and B of this section before the planning commission may issue a
report recommending a final approval of the applicant's proposal.
D. The planning commission may issue a report recommending
a planned unit development as the application for such planned unit was applied
for or in modified form if, on the basis of the application and the
evidence submitted, the commission makes the following findings:
1. That the
proposed location of the planned unit development is in accordance with the
objections of this title;
2. That the
proposed location of the planned unit development 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;
3. That the
proposed planned unit development will comply with each of the applicable
provisions of this section;
4. That the
standards of population density, site area and dimensions, site
coverage, yard spaces, heights of structures, distance
between structures, off-street parking and off-street loading
facilities and landscaped areas will produce an environment of
stable and desirable character consistent with the objectives of this title;
5. That the
standards of population density, site area and dimensions, site coverage, yard
spaces, height of structures, distances between structures and off-street parking
and off-street loading facilities will be such that the
development will not generate more traffic that the streets in the vicinity can
carry without congestion and will not overload utilities;
6. That the
combination of different dwelling types and variety of land uses in the development
will complement each other and will harmonize with existing and
proposed land uses in the vicinity;
7. The proposed
planned unit development or the first use or group of uses can
be substantially completed with two years after the district is established.
E. At the first regular city council meeting held more
than ten days after a decision on such an application by the
planning commission, the city council shall review the decision. The city
council may affirm, reverse or modify a decision of the planning commission on
an application for a planned unit development, provided that, if a decision
denying such an application is reversed or a report covering a planned unit
development is modified, the city council, on the basis of the record transmitted
by the planning commission and such additional evidence as may be submitted,
shall make the findings prerequisite to the approval of an application for a
planned unit development as prescribed in subsection D of this section.
18.20.080 Planned
unit district--Established. All that real property
described as Parcels I and II, as shown on RSB 16, Page 116, in the records of
the
A.Category A uses permitted within
the planned unit development include the following: (1) brewery and other food
and beverage processing, manufacturing and packaging; (2) customer sampling of
products produced, packaged, or warehoused on site (includes beer tasting); (3)
retail sales of products produced, packaged, distributed or ware-housed on
site, and items related to same to be consumed off-site (includes beer mugs and
steins, tee shirts, jackets, hats and gifts); (4) tourist-oriented retail
(includes souvenirs, tee shirts, hats, gifts and novelties); (5) deli for
off-site consumption of food and beverage; (6) distributing, warehousing and
business-related equipment storage and vehicle parking; (7) general and professional
office; (8) activities appurtenant to use permitted under this category; (9)
caretaker apartment; (10) refrigeration and freezer services (cold storage and
freezer lockers); (11) light manufacturing, processing, repair and fabrication
involving only indoor activities (other than as set forth elsewhere in
Categories A and B), environmental impacts to be considered -- any of the
following which cannot be mitigated to insignificant levels, noise, odor,
dust, smoke, light, glare, traffic and vibration -- uses are limited to those
not containing significant amounts of hazardous materials; (12)
telecommunications; (13) laundry and linen supply.
B. Category B conditional uses permitted within the
planned unit district include the following: (1) private parties and meetings,
with catered food and beverages; (2) entertainment at private parties and
private meetings; (3) education uses; (4) religious uses; (5) testing, research
and development laboratories; (6) amusement -- indoor; (7) medical laboratory;
(8) general retail sales -- indoor; (9) restaurant and other on-site
consumption of food and beverage; (10) entertainment for general public; (11)
all other commercial and industrial uses not set forth in Category A but
similar thereto in environmental impact and compatibility, environmental
impacts to be considered -- any of the following which cannot be mitigated to
insignificant levels, noise, odor, dust, smoke, light, glare, traffic and
vibration -- uses are limited to those not containing significant amounts of
hazardous materials; (12) public utilities; (13) dry cleaners; (14) freight
distribution; (15) rest/retirement home.
18.20.085 Planned Unit District - parking and
other ancillary uses. All that real
property described as follows: Lots 6, 7
and 8 of Block 14, according to the map of "Sullivan's Highway Addition
No. 3",
A. General Requirement: All uses and activities shall be ancillary or related to lawful business operations allowed in the zone described in section 18.20.080.
B. Uses Permitted without a use permit: The parking and storage of vehicles, storage of equipment and materials, signage, landscaping, security fencing, and security lighting.
C. Uses and activities permitted with a use permit: All others, including construction of any kind, provided however, that in no event shall alcoholic beverages be sold, consumed, or distributed in this zone.
18.20.100 District
established--Mountain Meadows Subdivision. A. Applicability of Regulations.
The regulations in this section shall apply exclusively to the property defined
within this planned development district known as the Mountain Meadows
Subdivision. The planned development district shall be combined with the regulations
of the low density residential (R-1) of Title 18 of the municipal code. The
purpose of the planned development zone district is to provide development
regulations based on the single-family residential zone district that preserves
mature trees, reduces the visual impact of subdivision, avoids significant
grading and reduces impacts to sensitive environmental areas while achieving a
residential development in the city. This planned development zone district
shall be applicable for the area described as assessor's Parcel No.
060-641-030, subdivided into Mountain Meadows Subdivision, further shown as
Exhibit A, attached to the ordinance
codified in this chapter, made a part hereof by reference.
The intent of the roadway
design and lot configuration is intended to
preserve mature trees and the visual appearance of the site while allowing
for a reasonable density of residential development.
B. Uses Permitted. The
following uses are permitted in this planned development district:
1. Single-family dwelling; provided only one
such dwelling is permitted on a lot;
2. Accessory buildings requiring a permit,
only if constructed simultaneously with, or subsequent to, the main building on the same lot and within the
building area shown for each parcel and on Exhibit B, lot grading plan, attached to the ordinance codified in this
chapter, made a part hereof by reference;
3. Accessory uses normally incidental to single-family
residences;
4. No provision is to be construed as permitting any commercial uses, including the storage or
parking of commercial vehicles in excess of one and one-half ton
carrying capacity, except private-passenger type vehicles;
5.
Home
occupation meeting the requirements of Section 18.24.240;
6. Attached second units meeting the requirements
of Section 18.52.030;
7. Small family care home;
8. Small child day care use.
C. Uses Permitted Subject to
a Use Permit. The following uses are permitted subject to obtaining a use permit:
1. Public parks, public schools and public
playgrounds;
2. Private residential recreation centers.
D. Building Site
Area. Development and grading may only occur within the area defined in Exhibit
B, lot grading plan, attached to the ordinance codified in this chapter, made
a part hereof by reference. Except as modified by the planning director to
provide for unique lot shapes or building orientation, minimum building site
area dimensions shall be as follows:
1. Minimum lot width: sixty feet measured at
the front yard setback line.
2. Minimum lot depth: one hundred feet.
3. Cut and fill slopes shall be designed and constructed not to exceed a vertical height of ten
feet.
E.
1. Dwellings: thirty-five feet.
2. Accessory: seventeen feet.
F. Yard Requirements.
Setbacks shall be:
|
|
|
Setback
in Feet |
|
Front |
|
|
|
Building |
|
20 |
|
Garage |
|
25 |
|
Garage not
facing street |
|
15 |
|
Side |
|
|
|
Interior fifteen feet |
15 |
|
|
Rear |
|
|
|
Building |
20 |
|
1. Accessory structures shall be located
out-side any required setback. No accessory structure shall be permitted within
twenty feet of the front property line.
2. For purposes of this district the front property
line shall be the narrowest portion of the parcel adjacent to a public
road.
3. The planning director shall be permitted
to allow encroachment of up to five feet into any front or rear
yard setback for architectural features, topography, to
avoid trees or encourage innovative design.
G.
Parking.
1. Off Street.
Minimum of two garaged off-street parking spaces, and two uncovered
off-street parking spaces shall be provided for each housing unit.
2. No parking shall be permitted on
H.
Fences, Shrubs and Plantings.
1. No solid fencing shall be permitted
outside of the building lot area identified for each parcel in Exhibit B,
lot grading plan, attached to the ordinance codified in this chapter,
made a part hereof by reference.
2. No ornamental landscaping shall be
developed outside of the building lot area identified for each parcel in
Exhibit B, lot grading plan attached to the ordinance codified in this
chapter, made a part hereof by reference.
3. Transitional slopes shall be replanted
with self-sufficient trees, shrubs and ground cover that are compatible
with existing surrounding vegetation in order to enhance the blending
of manufactured and natural slopes.
4. Fuel reduction and property management consistent
with the recommendations of the California Department of Forestry and the
fire department is permitted.
5. Any irrigation
outside of the building lot area identified in Exhibit B, lot grading
plan, attached to the ordinance codified in this chapter, made a part hereof by reference, shall
be drip or similar spot-specific irrigation system.
6. Large retaining walls in a uniform plane
shall be avoided. Retaining walls over five feet in height shall be divided
into elements and terraces with landscaping to screen them from view.
Generally, no retaining wall should be higher than ten feet. Where feasible,
retaining walls should be constructed of the same materials or color as the
primary buildings on the site. (see subsection N of
this section).
I.
Accessory Buildings. The requirements for accessory buildings in this PD district
are as provided in sub-sections (B)(2) and (B)(3) of
this section.
J. Home Occupation Permits.
The requirements for any business conducted within a residence in this PD district
are as provided in Section 18.24.240 of this title.
K. Manufactured Housing. The
requirements for manufactured housing in this PD district are provided in Section
18.24.270 of this title.
L. Right-of-Way Widths.
Except as modified as needed to ensure safe and efficient traffic through the district, the requirements of right-of-way widths
shall be as follows:
1. The road right-of-way shall be sixty feet
in width and developed to the low density Siskiyou County Standard Roadway,
Plate 1A;
2. The roadway standard shall be modified at all intersections to widen the radius to
fifty-foot on the inside of the paved turn;
3. All cul-de-sacs shall be constructed to a
sixty-foot radius, fifty-foot pavement with four-foot shoulder consistent with Plate 4 of the Siskiyou County Road
Standards;
4. Street lighting shall be prohibited;
5. The roadway standard may need to be
widened in the vicinity of each fire hydrant.
M. Site Lighting. Permanent
outdoor lighting shall be twelve feet or less in height unless it meets one or
more of the following criteria:
1. Fully shielded with a non-adjustable
mounting; or
2. Lighting for parking and vehicle
circulation areas in which case heights up
to a maximum of twenty feet may be allowed; or
3. Building mounted lighting directed back at
a sign or building facade; or
4. Lighting on above grade decks or balconies
shall be fully shielded.
a. Outdoor lighting with HID light sources
in excess of thirty-five watts (bulb or lamp) shall be prohibited. In addition,
incandescent light sources including halogen shall not exceed fifty watts.
b. All light sources that are not fully shielded shall use other than a clear lens
material, as the primary lens
material, to enclose the light bulb to minimize glare from a point
source.
c. Landscape lighting is limited to thirty-five watts per fixture per one hundred
fifty square feet of landscaped area (as measured in a horizontal
plane).
5. Security lights shall be restricted as follows:
a. The point light source shall not be
visible from adjoining lots or streets.
b.
Floodlights must be controlled by a switch or preferably a motion sensor
activated only by motion within owners property.
c. Timer
controlled flood lights shall be prohibited.
6. Photo-cell lights shall be allowed under
the following circumstances:
a. At primary
points of entrance (e.g., front entries) or
in critical common areas for commercial and multifamily properties;
b. Where the light sources are fully-shielded by opaque material (i.e., the fixture
illuminates the area but is not itself visibly bright);
c. The light source shall be fluorescent (or compact fluorescent) to eliminate excess
electricity consumption;
d. Lights must be fully shielded, down directed
and screened from adjacent properties in a manner that limits light trespass to
0.1 of a foot candle as measured at the property line; and
e. Light intensity shall not exceed
ten-foot candles measured three feet above finished grade.
i. Building
mounted flood lights fully shielded,
downward directed lights using a light of fifty watts or less.
ii. Motion sensor lights may be permitted,
but only where the sensor is triggered by motion within the owner's property
lines.
iii. Light trespass at property lines
should not exceed 0.1 of a foot candle as measured at the brightest point.
N. Building Materials. The
form, mass, and profile of the individual buildings and architectural features
should be designed to blend with the natural terrain and preserve the character
and profile of the natural slope. Some techniques which may be considered
include:
1. Split pads, stepped footings and grade
separations to permit structure to step up the natural slope;
2. Detaching parts of a dwelling (e.g., a garage);
3. Excessive cantilevers should be avoided on
downhill building elevations;
4. Structures should be placed partly
underground or utilize below grade rooms to reduce effective bulk and to
provide energy efficient and environmentally desirable spaces. However, the
visible area of the building shall be minimized
through a combined use of re-grading and landscaping techniques;
5. Roofs on lower levels should be used as
the deck open space of upper levels;
6. Exterior structural supports and
undersides of floors and decks not enclosed by walls shall be permitted provided fire safety and aesthetic
considerations have been adequately addressed;
7. Building materials and color schemes
should blend with the natural landscape of earth tones and natural vegetative
growth;
8. No reflective roofing or siding materials
shall be used in construction;
9. To the extent possible, the width of a building measured in the direction of the slope,
shall be minimized in order to limit the amount of cutting and filling
and to better "fit" the house to the natural terrain;
10. Structures should be placed to minimize disturbance of natural vegetation on slopes of ten
percent or greater.
Chapter
18.24
GENERAL
REGULATIONS
Sections:
18.24.010 Scope.
18.24.020 Interpretation of provisions.
18.24.030
Uses requiring permit--Criteria--Uses designated.
18.24.040
Uses requiring permit--Architectural drawings and sketches--Required in certain districts.
18.24.050
Uses requiring permit--Architectural committee.
18.24.060
Uses requiring permit--Architectural drawings and sketches--Approval.
18.24.070
Accessory buildings--Constructed with or subsequent to main building.
18.24.080
Accessory buildings--Attached to main building.
18.24.090
Exceptions to height limits--Chimneys, silos, flagpoles, towers and similar
structures.
18.24.100
Exceptions to height limits--Public utility structures.
18.24.110 Exceptions to
height limits--Public and semi-public buildings and institutions.
18.24.120
Exceptions to height limits--Buildings in C, C-M and M districts.
18.24.130
Setback--R-1 district--Average of improved lots.
18.24.140 Setbacks--R districts-Main entrance on
side of building.
18.24.150
Yards--Measured from official plan line.
18.24.160 Yards--Substandard parcels.
18.24.170 Area--Substandard parcels.
18.24.180 Projections.
18.24.190
Architectural features.
18.24.200 Distance between buildings.
18.24.210 Fences, hedges and walls.
18.24.220 Swimming pools.
18.24.230
Signs.
18.24.240 Home occupations.
18.24.250
Signs not pertinent to land use.
18.24.260 Pertinent to the
use of the land defined.
18.24.270
Mobile homes on single-family lots.
18.24.280
Regulations concerning installation and/or placement of dish-type or satellite
antennas.
18.24.290
Self-storage warehouse.
18.24.300 Prefabricated
storage containers.
18.24.010 Scope. All
regulations in this title pertaining to the districts established in Chapter
18.12 are subject to the general provisions, conditions and exceptions
contained in this chapter.
18.24.020 Interpretation
of provisions. If any ambiguity arises concerning the appropriate
classification of a particular use within the meaning and intent of the this
title, or with respect to matters of height, area requirements or zone
boundaries as set forth in this title, the planning commission shall ascertain
all pertinent facts and, by resolution, set forth its findings and
interpretations; and thereafter. such
interpretations shall govern, except if the city council directs the planning
commission to adopt a different interpretation.
18.24.030 Uses
requiring permit--Criteria--Uses designated. A. All of the uses listed in
subsection C of this section, and all matters directly related thereto, are
declared to be uses possessing characteristics of such unique and special form
as to make impractical their inclusion in any class of use set forth in the
various districts defined in this title, and therefore the authority for and
location of the operation of any of the uses designated in this section shall
be subject to the issuance of a use permit in accordance with the provisions of
Chapter 18.32.
B. In addition to the criteria for determining whether or
not a use permit should be issued as set forth in Chapter 18.32, the planning
commission shall consider the following additional factors to determine that
the characteristics of the listed uses will not be unreasonably incompatible
with uses permitted in surrounding area:
1. Damage or
nuisance from noise, smoke, odor, dust or vibration;
2. Hazard from
explosion, contamination or fire;
3. Hazard
occasioned by unusual volume or character of traffic or the congregating of a
large number of people or vehicles.
C. The uses referred to in subsection A
are as follows:
1. Airports and
landing fields;
2. Cemeteries;
3. Establishments
or enterprises involving large assemblages of people or automobiles as follows:
a. Amusement
parks and race tracks,
b. Circus or
carnivals,
c. Public
buildings, parks and other public recreational facilities,
d. Recreational
facilities, privately operated;
4. The mining of
natural mineral resources, together with the necessary buildings and
appurtenances incident there-to;
5. Removal or deposit of earth other than in connection with construction of buildings, roadways or public or home improvements.
18.24.040 Uses requiring
permit--Architectural drawings and sketches--Required in certain districts.
In case an application is made for a permit for any building or structure in
any C, C-M or M district, said application shall be accompanied by architectural
drawings or sketches, showing the elevations of the proposed building or
structure and site plans showing the proposed landscape or other treatment of
the grounds around such building or structure. Such drawings, sketches, and
site plans shall be considered by the planning commission in an endeavor to
provide that the architectural and general appearance of such buildings or
structures and grounds to be in keeping with the character of the neighborhood
and such as not to be detrimental to the orderly and harmonious development of
the city, or to impair the desirability of investment or occupation in the
neighborhood.
18.24.050 Uses
requiring permit--Architectural committee. The
planning commission may appoint an architectural committee of two of its
members which shall exercise the architectural considerations provided for in
Section 18.24.040.
18.24.060 Uses requiring
permit--Architectural drawings and
sketches--Approval. No permit shall be issued in any case where
architectural consideration is required until such drawings and sketches have
been approved by the planning commission and all buildings, structures and
grounds shall be constructed and improved in accordance with the
approval drawings and sketches.
18.24.070 Accessory
buildings--Constructed with or subsequent to main building. Accessory
buildings shall be constructed with or subsequent to the construction of the
main building.
18.24.080 Accessory
building--Attached to main building. Where an accessory building is attached
to the main building it shall be made structurally a part of and have a common
roof with the main building, and shall comply in all respects with
the requirements of this title applicable to the main building. Unless so
attached, an accessory building in an R district shall be located on
the rear one half of the lot at least ten feet from any dwelling building
existing or under construction on the same lot, or any adjacent lot. Such
accessory building shall not be located within five feet of any, alley or
within one foot of the side line of the lot or, in the case of a corner lot, to
project beyond the front yard required or existing on the adjacent lot.
Residential garage entrances fronting on any lot line shall be located not less
than twenty feet from said lot line.
18.24.090 Exceptions
to height limits--Chimneys, silos, flagpoles, towers and similar structures.
Where chimneys, silos, cupolas, flagpoles, monuments, gas storage holders,
radio and other towers, water tanks, church steeples and similar
structures and mechanical appurtenances are permitted in a
district, height limits may be exceeded upon the securing of a use permit in
each case.
18.24.100 Exceptions
to height limits--Public utility structures.
Public utility distribution and transmission line towers and poles, and
underground facilities for distribution of gas, water, communications and
electricity, shall be allowed in all districts without limitation as to height
or without obtaining a use permit therefore, provided, however, that all routes
of proposed gas, water, communication transmission lines and electric
transmission lines shall be submitted to the city planning commission and then
to the city council for their recommendation. Such recommendation shall be
received prior to acquisition of rights-of-way therefor.
18.24.110 Exceptions
to height limits--Public and semi-public buildings and institutions. In any
district with a height limit of less than seventy-five feet, public and
semi-public buildings, schools, churches, hospitals and other institutions
permitted in such district may be erected to a height not exceeding
seventy-five feet, provided that the front, rear and side yard shall be
increased one foot for each one foot by which such building exceeds the height
limit established for such district.
18.24.120 Exceptions to height
limits--Buildings in C, C-M and M districts. Upon securing a use permit,
any building in any C, C-M or M district may be erected to a height exceeding
that specified in this title for such district, provided that the cubical
contents of the building shall not be increased beyond that possible
for a building erected within the height limit specified.
18.24.130 Setback--R-1
district--Average of improved lots. In an R-1 district, where four or more
lots in a block have been improved with buildings at the time of the passage of
the ordinance codified in this title (not including accessory buildings), the
minimum required front setback shall be the average of the improved lots, if
said setback is more or less than the stated
requirements of the district.
18.24.140 Setbacks--R
districts--Main entrance on side of building. In any
R district, where a dwelling unit is located on a lot so that the main entrance
is located on the side of the building, the required side setback, from the
front setback line to such entrance, shall be not less than ten feet.
18.24.150 Yards--Measured
from official plan line. Whenever an official plan line has been
established for any street, required yards shall be measured for such line and
in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line.
18.24.160 Yards--Substandard
parcels. The width of side yards on single-family dwellings constructed
pursuant to Section 18.24.180 may be reduced to ten percent of the width of
such parcel, but in no case to less than four feet.
18.24.170 Area--Substandard
parcels. In R districts, single-family dwellings only may be
erected on any parcel of land, the area of which is less than the building site
area required for the particular district in which said parcel is located, but
if and only if said parcel was in single ownership at the time of the adoption
of the ordinance codified in this title and said single ownership on January
25, 1961. No structure shall be erected on any substandard parcel if said
parcel was acquired from the owner or owners of record of contiguous property
of said contiguous owner's or owners' transferee after January 25, 1961.
18.24.180 Projections. Open,
uncovered, raised porches, landing places or outside stairways may project not
closer than four feet to any side lot line, and not exceeding six feet into any
required rear yard or front yard.
18.24.190 Architectural features.
Architectural features on the main building, such as cornices, eaves and
canopies, may not extend closer than three feet to any side lot
line. Eaves and canopies may extend a maximum of three feet into the required
front or rear yard. Fireplaces, not exceeding six feet in breadth, may extend
not closer than three feet to any side lot line.
18.24.200 Distance between
buildings. Dwelling groups shall be
constructed so that the following minimum distances are
provided:
A. Minimum
of ten feet between buildings;
B.
Minimum of twelve feet between side yard line and access side of single row
dwelling groups;
C. Minimum of twenty feet between access side of buildings in double rows.
18.24.210 Fences, hedges and walls. Fences,
hedges and walls may be erected in any district subject to the
following conditions:
A.
Fences, hedges and walls shall not exceed six feet in
height from original grade on the lot or within all rear and side
property lines on interior lot lines, and on or to the
rear of all front yard setback lines.
B. No fence, hedge or wall over forty eight inches in height shall be erected in any front yard, or in the side yard on the street side of either a corner lot or on a lot, the rear line of which abuts the side line of an adjoining lot.
C. The street intersection of a corner lot shall have no fence, hedge or wall exceeding thirty-six inches in height within a triangle of twenty-five feet along the side of each street as measured from the intersection.
D. A six-foot fence, hedge or wall may be located not closer than five feet from the side property line on the street side of any corner lot.
E. Fences or structures exceeding six feet in height to enclose tennis courts, similar areas, or in the case of special circumstances, when such fences enclose the rear half of a lot, may be erected subject to the obtaining of a use permit therefore.
F. A fence permit shall be obtained from the city prior to the installation of any fence or wall.
18.24.220 Swimming pools. A. Swimming pools in R districts shall be
constructed on the rear one-half of the lot or fifty feet from the front
property line, whichever is less; such pools shall not be located closer than
five feet to any rear lot line or side line. On the street side of any corner
lot, where the rear lot line abuts a side lot line no pool shall be located
closer than ten feet to such side lot line.
B. Filtering and heating systems for such pools shall not be
located closer than thirty feet to any dwelling other than
the owner's.
C. No pool shall occupy over forty percent of the required
rear yard. Coverage by a swimming pool shall not be considered
in measuring maximum lot coverage.
18.24.230 Signs. The
city council adopts the 1973 edition or the most current edition of the
Uniform Sign Code, and all amendments thereto,
for the control of permanent and temporary exterior signs.
A. Signs permitted:
1. Business
signs: The maximum area for an advertising sign for any
permitted use, permitted in a C-1, C-2, C-M and M zone, shall
be one square foot per each linear front foot of frontage facing
a street for perpendicular projecting signs or freestanding signs,
an four square feet per each linear front foot of building frontage facing a street
for flush-mounted signs. The combining of front footage and side footage shall
not be allowed for sizing of one sign.
For each two thousand square feet of the lot not covered
by the building an additional twenty square feet of perpendicular
or freestanding sign shall be allowed so long as the
sign is totally contained within the property lines.
2. One sign
facing a street frontage not over six square feet in area, pertaining
to the sale, lease or rental of property on which it is
located, is allowed in all zones.
3. One sign, for
any permitted use, facing a street frontage not over eight square
feet in area, attached to the main building and pertaining to the use
therein, will be allowed in zones R-2, R-3 and R-4.
4. Interior
signs, that is, signs contained wholly within the business building,
are exempt from this section.
5. Warning signs
to indicate danger or to serve as an aid to public safety or to show the
location of public utilities' underground facilities are permitted in all
districts without obtaining a permit therefor.
6. Permanent
lettering on store windows, or glass door panels, limited to the
name of business, phone number, office number, or decal-type
signs and small signs for public convenience, i.e.,
"rest rooms," etc., are permitted in all
districts without obtaining a permit therefor.
7. Signs
indicating the location of a public telephone are permitted in all
districts without obtaining a permit therefor.
8. Temporary
banners and temporary pennants are permitted for not longer than a thirty-day
period.
B. The signs listed below are permitted only upon the
issuance of a use permit by the planning commission:
1. Cloth signs
extending over city streets or public property will be allowed for events
sponsored by non-profit organizations or public agencies. These signs are
to remain in place for a period set by the planning
commission. No cloth
signs shall exceed one hundred square feet in area.
2. Signs for the
advertising of the sale of a subdivision may be displayed on the
site of the subdivision upon the securing of a use permit for the
erection of such signs. Informational and directional signs may be allowed in any
district provided that the planning commission shall determine that the sign
is necessary in the public interest.
3. Freestanding
signs.
C. Signs permitted within freeway advertising zone:
1. A freeway and
highway advertising zone is created with geographic limits as
listed below:
a. Both sides of
North and
b. Both sides of
Highway 97 commencing at the intersection of Highway 97 and
c. The full
length of
2. In addition to
signs permitted by other sections of this title, one
freeway-oriented or highway-oriented sign can be permitted on
property with frontage located within the limits indicated in subdivision
I of this subsection upon the issuance of a use permit by the planning
commission.
3. Prior to
issuing a use permit the planning commission shall be presented with the
below-listed information or documentation and shall conduct either an
advertised or noticed public hearing:
a. Environmental
impact report;
b. Plot plan
showing the location of the proposed sign on the particular property in
question;
c. Blueprints of
the complete proposed sign. The blueprints are to be certified by a
registered professional engineer. The certification is to apply to the entire
structure which includes but is not limited to the sign support structure,
the faces, the face-retaining devices, access doors and
latches, internal cabinet members, and any safety netting provided. Particular
attention is called to the extreme wind loading within the city;
d. Evidence
supporting the finding that no existing sign will be obscured by the
installation of the proposed sign, by the certification of the city
administrator, a representative of the planning commission and an agent
of the applicant;
e. Evidence
supporting the finding that the requested elevation of the face of the sign is
adequate to assure freeway visibility but is not higher than is
necessary to assure such visibility. The city will furnish
information to the applicant regarding the local benchmark or
reference elevation, by the certification of the city administrator, a
representative of the planning commission and an agent of the applicant;
f. Evidence
showing that maintenance will be performed, by a licensed sign
maintenance organization, on the sign on at least a semiannual basis and that
certification of such maintenance being performed will be furnished by
the organization providing the maintenance;
g. The
certification shall show that the sign was at least maintained to the
as-built condition and shall list the maintenance operations performed.
h. Evidence
showing that all state requirements and permits have been complied with.
D. Signs prohibited:
1. All signs for
business owners who go out of business, or discontinue the particular line of
business or service advertised in the sign, shall be dismantled and removed
within thirty days of such going out of business or service, by the owner of
the building or property. In case of the failure of the owner to do so, the
city will cause such sign to be dismantled and removed, and the cost of this
shall be borne by the owner-of the building or property.
All signs in existence at the time the ordinance codified in this
section is passed, and which are
advertising businesses, or services which no
longer exist, will come under this section and the owner shall have thirty days
in which to remove these signs.
2. It is unlawful
to erect, construct or maintain any outdoor advertising structure or sign for
the purpose of advertising the goods, wares, merchandise or business of any
person when such outdoor advertising structure or sign
displays or makes use of the words "stop," "danger" or any
other word, phrase, symbol or character in such a manner as to
interfere with, mislead or confuse traffic.
3. Signs having
red, green or amber lights that could be confused with traffic signals shall
not be permitted if designed or located to be seen primarily by vehicular
traffic. Such colors are not prohibited
where, by the design of the sign or lights used, it is extremely unlikely
that such lights could be confused with traffic signals by the driving public.
E. General provisions:
1. The city
council is authorized and empowered to revoke any permit issued by the
city administrator, or his duly authorized agents, or the planning
commission upon failure of the holder to comply with any of the provisions of this
section. Revocation proceedings shall be conducted as
detailed in Sections 18.32.140 and 18.32.150.
2. All such signs
shall be suspended so as to leave a clearance of at least ten feet
perpendicularly above all sidewalks, and a clearance of at least fourteen feet
perpendicularly above all driveways, and shall not extend
beyond a point of two feet inside the outer or curbline
of the sidewalk; provided, however, that no such sign shall be
suspended at such a height so as to interfere with the
illumination from street lights erected and maintained by the
city.
3. All signs shall
be maintained in good repair and have a neat
appearance.
4. It shall be the
responsibility of the sign owner to clean up any and all debris
resulting from a failure of a sign.
5. Service
organization signs are exempt from the requirements of these provisions.
F. Nonconforming signs:
1. All signs not
conforming to the requirements of this section shall be deemed
nonconforming and shall be either:
a. Brought into
compliance with this section within a six-month period; or
b. In the case
of freestanding signs within the freeway advertising zone, brought into
compliance with paragraphs (C) (3) (c) (Engineer's Certificate), (C)(3) (f)
and (C)(3)(g) (Maintenance), of this section, within a
one-year period or at the time an existing sign is altered or repaired,
whichever date is first.
2. The
nonconforming period shall start with the effective date of the
ordinance codified in this section.
18.24.240 Home
occupations. A. Prior to commencing a home occupation a permit shall
be obtained from the city. Issuance of such permit shall be based on the signed
acceptance by the applicant of the conditions outlined in the criteria
for determination of home occupancies.
B. The following criteria shall be used for the determination of a home occupation:
1. There shall be
no employment of help other than the members of the resident family.
2. There shall be
no use of material or mechanical equipment not recognized as
being part of normal household or hobby uses.
3. The use shall
not generate pedestrian or vehicular traffic or noise or
electronic interference beyond that normal to the zone in which it
is located.
4. There shall be
no excessive, unsightly or hazardous storage of materials,
supplies, or equipment, indoors or outdoors.
5. It shall not
involve the use of signs or structures other than those permitted
in the zone of which it is a part.
6.
Not more than one room in the dwelling shall be employed by the home occupation, nor more than one out-building.
7. In no way shall
the appearance of the structure be so altered or the conduct of the occupation
within the structure be such that the
structure may be reasonably recognized as servicing a
nonresidential use.
8. The granting of a permit for home occupations does not exempt the permittee from the state and local regulations regarding the business licenses, sales tax permits and professional restrictions.
18.24.250 Prohibition
of Advertising Structure or Signs Not Pertinent to the Use of Land.
Outdoor advertising structures or signs, not pertinent to the use of the
land upon which it/they is/are located, are prohibited.
18.24.260 Pertinent to the use of the land
defined. An advertising structure or sign is pertinent to the use of
the land upon which it is located, and therefore excepted
from the prohibition of signs set forth by Section 18.24.250, only if it is
devoted exclusively to the following uses:
A. To
advertise the sale or lease of the property on which such advertising structure
or sign is placed;
B. To
designate the name of the owner or occupant of the premises upon which property
such advertising structure or sign is placed;
C.
To advertise the business conducted or goods made by or produced or services
rendered upon such property upon which such advertising structure or sign is
placed.
18.24.270 Mobile
homes on single-family lots. Mobile homes
may be situated on any existing lot presently undeveloped and presently zoned
for single-family dwellings subject to the provisions of this section.
A. Architectural Drawings and Sketches. An owner or applicant
desirous of situating a mobile home on a R-1 lot shall,
prior to the time a building permit is issued, present to
the planning commission architectural drawings or sketches
showing the elevations of the proposed mobile home or
structure and site plans showing the proposed location of the mobile home or
structure on the property, which location shall conform to the provisions of
this title applicable to single-family dwellings. Such drawings, sketches
and site plans shall be considered by the planning
commission to ascertain that the architecture and general appearance of such
mobile home or structure is compatible with and in keeping with the
character of the neighborhood and such as not to be
detrimental to the orderly and harmonious development of the city or to impair
the desirability of investment or occupancy in the neighborhood. The architectural
review by the planning commission as provided for in this section, shall be limited to consideration of roof
overhang, and roofing and siding materials. Architectural review may be
delegated by the planning commission in accordance with Section 18.24.050
of the Weed Municipal Code. Such mobile home and the lot on which it is
to be placed shall be subject to any and all of the same development standards
to which a conventional single-family residential dwelling on the same lot
would be subject, including, but not limited to, those specified in the third
sentence of Section 65852.3 of the Government Code of the state, but
as hereinbefore limited with respect of architectural requirements.
In the event that lots in the R-1 zone which are presently
occupied shall in the future become vacant, the planning
commission shall, upon application of the owner, consider such
lot and make recommendations to the city council that the lot
is compatible for mobile home use or that the lot is not
compatible for mobile home use.
18.24.280 Regulations
concerning installation and/or placement of dish-type or
satellite antennas. No person shall
install, either as owner or agent, or employee of the owner, or as an
independent contractor for the owner, or otherwise, any dish-type or satellite
antenna, any additions thereto or substitution for such antenna,
when such antenna exceeds three feet in diameter, unless a use permit is
obtained in accordance with the provisions of this title. Any such use permit for the
placement of dish-type or satellite antennas shall be
conditioned upon the following:
A. In any residentially zoned
district, such antenna shall be treated as an accessory structure and shall
comply with height, setback and lot coverage requirements for the zone in
which it is located pursuant to regulations set forth in
Section 18.24.080. Dish-type or satellite antennas placed within a residential
zone shall be substantially screened from view of streets and
abutting properties by use of fences, hedges or appropriate plant
materials.
B. Within any C or M district, a
site plan shall be submitted showing location for placement of such antenna,
in addition to such other information as is required for a
use permit. As to each such antenna site, there shall be available
property which is not otherwise required for parking or
otherwise occupied by structures and improvements upon the property.
C. A use permit shall not be
granted in accordance with the provisions of this section until the
administrator shall have held a public hearing on the proposed permit. Notice
of the time and place of the hearing shall be given at least
ten days before the hearing in the following manner:
1. The notice shall be published at least once in a newspaper
of general circulation, published and circulated in the
city, or if there is none, it shall be posted in at least three
public places in the city.
2. The notice of hearing shall additionally be given by mail
or delivery to all persons, including businesses, corporations
or other public or private entities, shown on the last
equalized assessment roll as owning real property within three
hundred feet of the property which is the subject of the
proposed permit. If the notice is by mail, it shall be given through the
D. Prior to the approval of the permit in accordance with
the provisions of this section, the administrator shall determine whether the
installation will, under the circumstances of the particular case,
be detrimental to the health, safety, morals, comfort and general welfare
of the persons residing or working in the neighborhood of such proposed
use, or whether it will be injurious or detrimental to property and
improvements in the neighborhood, or to the general welfare of the city, and
the administrator shall consider environmental factors in making such
determination. If the administrator finds that the aforementioned conditions
will not result from the installation, he may grant the permit. In considering
the determination of the aforementioned conditions, the administrator shall
consider the following conditions in addition to any other conditions deemed
appropriate for consideration:
1. Visibility of
antenna from streets, roads and other rights-of-way;
2. Visibility of
antenna from abutting properties and the neighborhood;
3. Compatibility of
antenna with neighborhood surroundings;
4. Size, shape,
design and layout of antenna;
5. Availability of
other sources of antenna reception;
6. The general
visibility of the antenna.
E. The restrictions set forth in subsections A, B, C and D of
this section shall not be applicable to commercial
broadcasting operations except to the extent that any such condition
may be imposed by the administrator as a condition for
issuance of such permit.
F. Each and every antenna installed prior to the effective
date of the ordinance codified in this chapter shall be deemed
to be in conformance with the provisions of this chapter, but
only so long as ownership of the parcel upon which the antenna is located shall
remain in the possession and ownership of the current holder and owner of such
property, or his/her surviving spouse.
G. The fee for any permit issued in accordance with this
chapter shall be fifty dollars to cover publishing and mailing
costs as prescribed by subsection (C) of this section.
18.24.290 Self-storage warehouse. "Self-storage warehouse" means a
facility that offers individually secured units for the storage of goods, other
than hazardous materials, for rental to the public, each of which is accessible
only by the tenant of the individual unit or space.
A. Business or sale of
merchandise shall not be conducted from any self-storage warehouse unit, nor
shall the unit be used a habitable space, office, or meeting area, and shall be
kept closed and secured at all times other than when items are being moved to
or from the unit.
B. Self-storage warehouse
units must be oriented to minimize the view from the public right-of-way. In no
case shall the units be placed so as to cover, block, or otherwise impact
required parking, or impact circulation and emergency access.
C. Self-storage warehouse
shall be entirely screened with screening walls and/or landscaping. Graffiti
shall be removed within twenty-four hours from any storage container or
screening.
18.24.300 Prefabricated storage
containers. Prefabricated exterior
storage containers such as cargo containers or truck trailers are permitted
only in zones designated C-M or M with a conditional use permit as an accessory
use to the primary permitted use on the same site, subject to the following
conditions:
A. Storage containers may
only be used for the storage of merchandise, inventory, shelving displays, or
other incidental items related to the operation of the business.
B. Business or sale of
merchandise shall not be conducted from the storage container, nor shall the
storage container be used in a habitable space, office, or meeting area, and
shall be kept closed and secured at all times other than when items are being
moved to or from the storage container.
C. Storage containers must
be oriented to minimize the view from the public right-of-way. In no case shall
storage containers be placed so as to cover, block, or otherwise impact
required parking, or impact circulation and emergency access.
D. Storage containers shall
be entirely screened by a solid wall or fence as approved in the use permit
with a minimum height of six feet and a maximum height of eight feet.
E. Graffiti shall be removed
within twenty-four hours from any storage container or screening.
F. No more than two storage containers
with a combined floor area of no more than six hundred forty square feet shall
be allowed. Storage containers shall not exceed a height of eight feet.
G. Storage container
location:
1. Front setback: A storage
container shall be no closer to the front lot line than the front-most wall of
the building nearest the front lot line, or fifty feet, whichever distance is
greater. In no case shall a storage container be located closer than fifty feet
to any front lot line.
2. Side and rear setbacks:
Side and rear setbacks shall be the same as those for the underlying zone.
3. Storage containers may be
allowed as a temporary use on construction sites in any zone within the city
subject to first obtaining a temporary conditional use permit. The planning commission
shall determine appropriate sitting, time limits, and other conditions as may
be necessary to assure minimal impact to adjacent properties. Such temporary
use shall be allowed only in conjunction with a valid building permit, and the
use shall be terminated prior to issuance of a final occupancy permit. The
planning commission shall have the authority to revoke such temporary permit if
the applicant does not abide by the conditions set or if the applicant is not
making adequate progress on construction.
H. This section shall not
apply to a location with a permitted business actively engaged in transporting
cargo containers or truck trailers provided which container or trailer is only
on the property temporarily.
Chapter 18.28
NONCONFORMING USES
Sections:
18.28.010 Continuance permitted--Restrictions.
18.28.020 Land uses.
18.28.030 Enlargement.
18.28.040 Restoration restricted.
18.28.050 Application of chapter to future nonconforming
uses.
18.28.010 Continuance
permitted--Restrictions. Except as otherwise provided in this chapter, uses
of land, buildings or structures existing at the time of the adoption of the
ordinance codified in this title may be continued although the particular use,
or the building or structure, does not conform to the regulations specified in
this title for the district in which the particular building or
structure is located or use is made; provided, however, no nonconforming
structure or use of land may be extended to occupy a greater area of land,
building or structure than is occupied at the time of the adoption of the
ordinance codified in this title. If any nonconforming use is discontinued or
abandoned, any subsequent use of such land or building shall conform to the
regulations specified for the district in which such land
or building is located. If no structural alterations are made therein, a
nonconforming use of a nonconforming building may be changed to another use of
the same or more restrictive classification upon the securing of a use permit.
If the nonconforming use is replaced by a more restrictive
nonconforming use, the occupancy thereafter may not revert to a less
restrictive use. If any use is wholly discontinued for any reason except
pursuant to a valid order of a court of law for a period of one year, it shall
be conclusively presumed that such use has been abandoned within the meaning of
this title, and all future uses shall comply with the regulations of the
particular district in which the land or building is located.
18.28.020 Land
uses. If any lands upon which no building or structure of any
kind is located are used for a purpose which is not
in compliance with the regulations of the district where such lands are
located, such use may continue for a period of three years from the date of the
adoption of the ordinance codified in this title. After the expiration of the
aforementioned three-year period, such lands shall be used only in conformance
with the regulations of the district in which they are
located.
18.28.030 Enlargement. Any building
or structure existing at the date of the adoption of the ordinance codified in
this section, which is nonconforming either in use, design or arrangement,
shall not be enlarged, extended, reconstructed, or structurally altered unless
such enlargement, extension, reconstruction or alteration is in compliance with
the regulations set forth in this title for the district where such building or
structure is located; provided, however, any such nonconforming
building or structure may be maintained, repaired or portions thereof
replaced, so long as the cumulative dollar value of such
maintenance, repairs or replacement, annually, does not exceed fifty percent of
the building's appraised valuation as shown on the latest assessment role of
the city. Maintenance, alterations, repairs or replacements required by the
Americans with Disabilities Act (e.g. handicap access improvements), or any
other federal or state law, shall be exempt from the requirements of this
section and the dollar value of such alterations shall not be included in
calculating the dollar value limitations described above.
18.28.040 Restoration
restricted. A nonconforming building, destroyed to the extent of more than
fifty percent of its reasonable value at the time of its destruction
by fire, explosion, or other casualty or act of God, may be restored
and used only in compliance with the regulations existing in the
district wherein it is located.
18.28.050 Application
of chapter to future nonconforming uses. The provisions of the chapter shall
apply to structures, land and uses which hereafter become
nonconforming due to redistricting of any lands under provisions of this title.
Chapter 18.32
PERMITS AND VARIANCES
Sections:
18.32.010 Zoning permit.
18.32.020 Use permit--Issuance.
18.32.030 Use permit--Application.
18.32.040 Use permit--Planning
commission action.
18.32.050 Variance--Conditions of Issuance.
18.32.060 Variance--Restriction.
18.32.070 Variance--Application.
18.32.080 Variance--Granting.
18.32.085 Variance--Minor.
18.32.090 Public Hearing.
18.32.100 Issuance restriction.
18.32.110 Acknowledgement and acceptance of conditions
required.
18.32.120 Appeal procedure.
18.32.130 Expiration.
18.32.140 Revocation--Grounds.
18.32.150 Revocation--Procedure.
18.32.010 Zoning permit. Zoning permits shall be
required for all buildings and structures hereafter erected, constructed,
altered, repaired or moved within or into any district established by this
title, and for the use of vacant land or for a change in the
character of the use of land, within any district established by
this title. No building permit shall be issued until the zoning permit portion
thereof has been completed by the building inspector and any required use
permit or variance has been issued and become effective.
18.32.020 Use
permit--Issuance. Use permits, revocable, conditional and/or valid
for a term period, may be issued as provided in this chapter for any of the
uses or purposes for which such permits are required or permitted by the
terms of this title. The planning commission may impose such conditions as it
deems necessary to secure the purposes of this title and may require tangible
guarantees or evidence that such conditions are being or will be complied with.
18.32.030 Use
permit--Application. Application for use permits shall be made in writing
by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form
prescribed by the planning commission of the city. The application
shall be accompanied by a fee, set by the city council, and plans showing the
details of the proposed use to be made of the land or building.
18.32.040 Use
permit--Planning commission action.
Upon receipt of the application for use permit, the
planning commission shall determine whether or not the
establishment, maintenance or operation of the use applied for will,
under the circumstances of the particular case, be detrimental
to the health, safety, morals, comfort and general welfare of the persons
residing or working in the neighborhood of such proposed
use, or whether it will be injurious or detrimental to property and
improvements in the neighborhood or the general welfare of the city. If
the planning commission finds that the aforementioned conditions will not
result from the particular use applied for it may grant the use permit.
18.32.050 Variance--Conditions
for issuance. Applications for variances from the strict application of the
terms of this title may be made and variances granted when the following
circumstances are found to apply:
A. That any variance granted shall be subject to such conditions
as will assure that the adjustment thereby authorized shall not
constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and district
in which the subject property is situate; and
B. That, because
of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges
enjoyed by other properties in the
vicinity and under identical zone classification.
18.32.060 Variance--Restriction. The use
of lands or buildings not in conformity with the regulations specified for the
district in which such lands or buildings are located may not
be allowed by the granting of a variance from the strict application of the
terms of this title.
18.32.070 Variance--Application.
Applications for variance shall be made in writing by a property owner,
lessee, purchaser in
escrow or optionee with the consent of the owners on a
form prescribed by the planning commission. They shall be accompanied by a fee,
set by the city council, a plan of the details of the variance requested, and
evidence showing that the granting of the variance will not be contrary to the
intent of this title or to the public safety, health and welfare, and that, due
to special conditions or exceptional characteristics of the property or its
location, the strict application of this title would result in practical
difficulties and unnecessary hardship.
18.32.080 Variance--Granting.
If the planning commission finds that the qualifications under Section
18.32.050 apply to the land, building or use for which variance is sought, and
that such variance is in accordance with the intent of this title, it
may grant all or part of the variance sought.
18.32.085 Variance--Minor. A. Purpose and Procedure. A minor variance
may be granted by the city administrator upon written request, subject to such
conditions as he may impose without any notice or appeal if he finds that to do
so would not be detrimental to the public welfare or injurious to
property and improvements in the area in which the property is
located. When in the public interest, the city administrator may consider and
render decisions on applications involving minor deviations from the provisions
of this chapter, limited to the following:
1. Area and lot
dimension requirements may be reduced by not more than ten percent of
that required in the district.
2. Yard
requirements may be reduced by permitting portions of a building or
structure to extend into and occupy not more than ten percent of
the area of a required yard.
3. Maximum
building height requirements may be increased by not more than ten percent.
4. The
reconstruction or remodeling of nonconforming buildings may be permitted if, in
the city administrator's judgment, it will bring such buildings and subsequent
use into greater conformity with the use permitted in the district.
5. Lot line
adjustments also known as boundary line adjustments.
B. Application and Fee. Application for minor variance
shall be made in writing by the owners of the property, lessee, purchaser in
escrow, or optionee with the consent of the owners,
on a form prescribed by the planning commission of the city. The application
shall be accompanied by a fee, set by the city council, and plans showing the
details of the proposed use to be made of the land or building.
18.32.090 Public
hearing. No public hearing need be held upon any use permit or
variance application, provided that the planning commission may hold any
hearings deemed necessary. Notice of such hearings shall be given as provided
by law.
18.32.100 Issuance
restrictions. Use permits and variances shall not be issued until
fifteen days have elapsed from the granting thereof, and in case an appeal is
filed from the planning commission decision thereon shall not be issued until
decision has been made by the city council on such appeal.
18.32.110 Acknowledgement and
acceptance of conditions required. Use
permits and variances shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of
any conditions thereto.
18.32.120 Appeal
procedure. A. In case the applicant or any other person is not
satisfied with the action of the planning commission on any use
permit or variance application, he may, within five days, appeal in writing
to the city council.
B. Upon receipt of such appeal, the city council shall set
the matter for public hearing with notice thereof to be given as provided by
law. Notice shall also be given to the planning commission which shall submit a
report to the city council setting forth the reasons for the action taken by
the commission. Such report shall be submitted in writing or by
representation at the hearing.
C. The city council shall render its decision not more
than forty-five days after the close of the hearing.
18.32.130 Expiration. Any use
permit or variance granted in accordance with the terms of this title
shall, without further action, become null and void if not used within one year
from the date of the approval thereof or within any shorter period of time, if
so designated by the planning commission.
18.32.140 Revocation--Grounds. Any
use permit or variance granted in accordance with the terms of this
title may be revoked by the city council in the manner set forth in
Section 18.32.150, if any of the conditions or terms of such
permits are violated, or if the following findings are made:
A. In connection with use permits, the continuance of the
use would be detrimental to the health, safety, morals, comfort and general
welfare of the persons residing or working in the neighborhood of such
use, or would be injurious or detrimental to property and
improvements in the neighborhood or to the general welfare of
the city.
B. In connection with variances; continued relief from the
strict application of the terms of this title would be contrary
to the public interest, safety, health and welfare.
18.32.150 Revocation--Procedure. Before
the council considers revocation of any permit, the planning commission shall
hold a hearing thereon after giving written notice thereof
to the permittee at least ten days in advance of such
hearing. Within five days thereafter, the commission shall transmit
a report of its findings and its recommendations on the revocation to the city
council.
Chapter
18.36
AMENDMENTS
Sections:
18.36.010 Purpose, intent and
findings.
18.36.020 General requirements
and procedures.
18.36.030 Application
initiation.
18.36.040 Application request.
18.36.050 Notice.
18.36.060 Hearing.
18.36.070 Commission action.
18.36.090 Conditional zoning.
18.36.100 Notice of decision.
18.36.110 Failure to give
notice.
18.36.010 Purpose,
intent and findings. An amendment to the zoning ordinance is
intended to accommodate changes in city goals and provide means of implementing
these goals as they affect public health, safety and welfare.
When public necessity, convenience and welfare justify a
zoning ordinance amendment, the planning commission, city council or an individual
may initiate a change in the provisions of this title.
Amendments to the standards which include additions of
words, phrases, sentences, and sections, or the change or elimination of such,
shall be approved only if:
A. The amendment is consistent with the general plan of
the city and specified plans of the area; and
B. The amendment shall promote the public health,
safety and welfare and will better serve the goals and purposes of this title.
18.36.020 General
requirements and procedures. The requirements and procedures
of this chapter shall apply to all applications for zone changes and amendments
to the zoning code.
18.36.030 Application
initiation. A. Amendments of the provisions of this chapter, or the reclassification
of specific properties from one zone to another, shall be initiated, only in
one of the following ways:
1. By motion of
the city council; or
2. By motion of
the commission; or
3. With reference
to the reclassification of specific real property, by the owner thereof, or his
authorized agent, or by any public utility which has commenced the exercise of
its power of eminent domain with regard to such property; or
4. With reference
to an amendment to specific zoning regulations, by any person who is a resident
of the city, or an owner of property within the city.
B. Nothing contained in this chapter shall be deemed to
prevent the city council from taking action pursuant to Section 65858 of the
Government Code.
18.36.040 Application
request. The director shall prepare suitable application forms.
Any such application shall be accepted for filing by the director only upon
payment by the applicant of a filing and processing fee in a sum set by
resolution of the city council. Any applicant may, in writing, withdraw the
request at any time during the processing of such request; provided, however,
that there shall be no refund of any fees paid in connection therewith.
18.36.050 Notice. A.
Notice of the time and place of public hearings before the commission and
council, on zone changes and amendments to the zoning code, shall be given by
United States mail, postage prepaid, addressed to the owners of property
located within a radius of three hundred feet from the external boundaries of
the property to which the application relates, addressed to the owners as shown
on the latest equalized assessment roll of the county and by publication at
least once, not less than ten days prior to the date of the hearing in a
newspaper of general circulation within the city.
B. Such notices shall describe the subject property, and
contain a brief description of the request and the date, time and place of the
public hearing.
18.36.060 Hearing. The commission
and council shall conduct noticed public hearings on each such application in
the time and manner prescribed by state law.
18.36.070 Commission action. A.
After conducting noticed public hearing on any proposed zone change or code
amendment, the commission, based on the evidence presented, shall take one of
the following courses of action:
1. Recommend to
the city council that the request be granted; or
2. Recommend to
the city council that the request be granted in part, and denied in part; or
3. Recommend to
the city council that the request be denied.
B. The commission's action shall be by resolution and contain
a brief statement of facts upon which the action is based,
adopted by not less than a majority of its total voting members.
B. If the planning
commission's recommendation is for denial, the city council shall not be
required to take any further action, unless the applicant, any member of the
city council or any other person affected by the decision, within five calendar
days after the action of the planning commission, files an application for
appeal with the city clerk.
18.36.090 Conditional
zoning. The city council may impose conditions of approval upon
the reclassification of any property from one zone classification to another,
where it finds that such conditions must be imposed so that such
reclassification shall not create problems inimical to the public health,
safety and general welfare of the city.
18.36.100 Notice
of decision. Following the adoption of the
resolution by the planning commission or the city council, the secretary of the
planning commission shall mail a copy thereof to the applicant and any other
person requesting the same.
18.36.110 Failure
to give notice. Inadvertent failure to give notice in the
manner prescribed in this chapter shall have no effect upon any proceeding
before the commission or the council.
APPEALS
Sections:
18.40.010 Decided by planning
commission.
18.40.020 Interpretation of title.
18.40.030 Criteria.
18.40.040 Appeal to city
council--Authorized.
18.40.050 Appeal to city
council--Report by planning commission.
18.40.060 Appeal to city
council--Decision.
18.40.010 Decided
by planning commission. The planning commission shall have
the power to hear and decide appeals based on the enforcement or interpretation
of the provisions of this title.
18.40.020 Interpretation
of title. Except as specifically provided in this section, this
title shall not be interpreted to repeal, abrogate, annul or in any way affect
any existing provision of any law or ordinance or regulations or permits
previously adopted or issued relating to the erection, construction, moving,
alteration or enlargement of any building or improvement; provided, however, in
any instances where this title imposes greater restrictions upon the erection,
construction, establishment, moving, alteration or improvement of buildings or
the use of any building or structure than is imposed or required by an existing
law, ordinance or regulation, the provisions of this title shall control.
18.40.030 Criteria.
Whenever the planning commission of the city is called upon to determine
whether or not the use of land or any structure in any district is similar in
character to the particular uses allowed in a district, the commission shall
consider the following factors as criteria for their determination:
A. Effect upon the public health, safety and general
welfare of the neighborhood involved and the city at large;
B. Effect upon traffic conditions;
C. Effect upon the
orderly development of the area in question and the city at large in regard to
the general planning of the whole community.
18.40.040 Appeal
to city council--Authorized. In case the applicant is not
satisfied with the action of the planning commission on his appeal, he may,
within five days, appeal in writing to the city council.
18.40.050 Appeal
to city council--Report by planning commission. Notice
shall be given to the planning commission of such appeal, and a report shall be
submitted by the commission to the city council, setting forth the reasons for
the action taken by the commission. Such report shall be submitted in writing
or by representation at the hearing.
18.40.060 Appeal
to city council--Decision. The city council shall render
its decision within forty-five days after the filing of the appeal provided for
in Section 18.40.040.
Chapter
18.44
Sections:
18.44.010 Enforcing officer--Conflicting
permits and licenses declared null and void.
18.44.020 Noncomplying
structures declared public nuisance--Abatement.
18.44.030 Penalty for violation.
18.44.010 Enforcing
officer--Conflicting permits and licenses declared null and void. A. It
shall be the duty of the building inspector of the city to enforce the
provisions of this title, pertaining to the use of land or buildings, and the
erection, construction, reconstruction moving, alteration or addition to any
building or structures.
B. Any permit or license of any type issued by any
department or officer of the city issued in conflict with the provision of this
title is null and void.
18.44.020 Noncomplying
structures declared public nuisance--Abatement. Any building or structure
erected, constructed, altered, enlarged, converted, moved or maintained
contrary to the provisions of this title, and any use of land or buildings
operated or maintained contrary to the provisions of this title, are declared
to be public nuisances. The city attorney, upon order of the city council,
shall commence the necessary action or proceedings for the abatement, removal
and enjoinment thereof in the manner prescribed by law in the courts which may
have jurisdiction to grant such relief as will accomplish such abatement and
restraint. The remedies provided for in this section shall be in addition to
any other remedy or remedies or penalties provided in this title or any other
law or ordinance.
18.44.030 Penalty
for violation. Any person, whether as principal, agent, employee or
otherwise, violating or causing the violation of any of the provisions of this
title shall be guilty of an infraction, and upon conviction thereof shall be
punishable by a fine as set forth in California Government Code Section 36900(b).
This amount is currently not exceeding one hundred dollars for a first time
violation, not exceeding two hundred dollars for a second violation of the same
ordinance within one year, and not exceeding five hundred dollars for each
additional violation of the same ordinance within one year. Any violation of
this title which is committed and continues from day to day constitutes a
separate offense for each and every day during which such violation is
committed and continued.
PARKING AND LOADING REQUIREMENTS
Sections:
18.48.010
Required parking and loading.
18.48.020
Parking facilities required for more intensive use.
18.48.030 Parking and loading facilities,
nonconforming.
18.48.040
Number of parking spaces required.
18.48.042 Garage, carport and parking space
requirements for residential structures qualifying for Farmers Home
Administration financing.
18.48.043 Garage, carport and parking space
requirements for residential structures qualifying for rehabilitation or
reconstruction for Community Development Block Grant financing.
18.48.050
Required parking, uses not mentioned.
18.48.060 Location and control of parking
facilities.
18.48.070 Computation of required parking spaces.
18.48.080 Combined or common parking area.
18.48.090
Mixed uses.
18.48.100 Size of parking spaces.
18.48.110 Access, parking, and circulation
requirements.
18.48.120
Location of parking facilities restricted.
18.48.130 Development and maintenance of parking
areas.
18.48.140 Paving and parking areas and driveways.
18.48.150
Lighting of parking areas.
18.48.160
Other required improvements.
18.48.170
Limitation on use of required parking area.
18.48.180 Continuing obligation.
18.48.190 Plot plan approval.
18.48.200
Required off-street loading space.
18.48.210 Size of loading space.
18.48.010 Required
parking and loading. Any building or structure erected or located, and any
use of land established after the effective date of this title or any
subsequent amendments thereto, shall be required to provide off-street parking
and loading facilities in accordance with the provision of this title.
18.48.020 Parking facilities required for more intensive use.
When the intensity of use of any building, structure or premises is increased
through the addition of dwelling units, floor area, seating capacity or other
units of measurement specified in this title, the additional required parking
and loading facilities for such increase shall be provided.
18.48.030 Parking and loading
facilities, nonconforming. Any use of property which, on
the effective date of this title or of any subsequent amendment thereto, in
nonconforming only as to the regulations relating to off-street parking and
loading facilities may be continued in the same manner as if the parking and loading
facilities were conforming. However, such parking and loading facilities as do
exist shall not be further reduced.
18.48.040 Number of parking spaces required. The number of
off-street parking spaces required for each use shall be as follows:
Dwelling, single-family
Two parking spaces in a garage
for each dwelling unit
Dwelling, multiple, family and group; and mobile home parks
Two parking spaces for each
dwelling unit, plus one guest space for each five units; one and one-half
parking spaces for each senior housing unit
Roominghouse
One parking space for each
tenant plus one guest space for each five tenants
Bowling alleys
Five parking
spaces for each alley. Additional parking spaces for balance of building
calculated according to use
Cafes, cafeteria, restaurants, bars, cocktail lounges,
nightclubs, and other similar places dispersing food or refreshments
One parking
space for each five fixed seats or one parking space for every thirty-five
square feet of seating area where there are no fixed seats, plus one parking
space for each employee on the largest shift
Furniture sales and repair, major household appliance
sales and repair, professional business or administrative offices
One parking
space for each two hundred square feet of floor area or one parking space for
each two employees, whichever is greater
Hotels and motels
One parking space for each living or
sleeping unit, plus one parking space for each five units
Mortuary and funeral home
One parking space for
each five fixed seats of all areas used simultaneously for assembly purposes or
for each thirty-five square feet of floor space used for such assembly
purposes. Also one parking space for each vehicle used in connection
with the use. Plus additional as required by use permit
Open air commercial uses such as nurseries and used car
lots
One parking
space for each one thousand square feet of lot area devoted
to sales and display, or one parking space for each two employees, whichever is
greater
Industrial uses - automobile and machinery sales, public
utility facilities, including electrical substations, telephone exchanges, maintenance and storage facilities
One parking space for each five hundred square feet of floor area
or one parking space for each two employees
on the largest shift, whichever is greater. Also one for each
vehicle used in connection with the use
Retail establishments otherwise not enumerated in this
section, such as drugstores, department stores, repair shops, animal hospitals,
business schools, dance studios
One parking
space for each two hundred square feet of building floor area, except area
devoted exclusively to warehousing or storage, or one parking space for each two
employees, whichever is greater
Theaters, churches, clubs, lodges, fraternal
organizations, social halls, assembly halls, dancehalls
One parking
space for each five fixed seats or one for every thirty-five square feet of
seating area where there are no fixed seats. Also, one parking space for each
two hundred and fifty square feet of floor area not used for seating
Hospitals, sanitariums and rest homes
One and
one-half parking spaces for each patient bed,
plus one for each two employees
Service stations
One parking space for each employee on
largest shift plus one parking space for each work bay.
18.48.042 Garage, carport and
parking space requirements for residential structures qualifying
for Farmers Home Administration financing. A.
Notwithstanding any provision in this Chapter 18.48 to the contrary, if the
applicant for a building permit for construction of a qualifying residential
structure submits with the application a conditional loan commitment letter or
letter of intent to finance issued by the Farmers Home Administration of the
United States Department of Agriculture for the structure, the city issuing the
building permit shall not impose any requirement on the permit respecting size
or capacity then the Farmers Home Administration will finance under
its then applicable regulations and policies. "Qualifying residential
structure," as used in this section, means any single-family or
multifamily residential structure financed by the Farmers Home Administration and
which is restricted pursuant to federal law to ownership or occupancy by
households with incomes not exceeding the income criteria for persons and
families of low and moderate income, as defined by Section 50093 of the
California Government Code, or more restrictive income criteria.
B. In the event that a building permit shall be granted
for a qualifying residential structure pursuant to
subsection (A) of this section allowing the construction of a
residential structure with a garage or carport with a size or
capacity less than that required in Section 18.48.040 hereof, then, in such
event, such building permit shall also require, in addition to the garage or
carport, an uncovered, paved parking space located outside the
setbacks otherwise required by this title, and outside the
driveway approach to the garage or carport.
18.48.043 Garage, carport
and parking space requirements for residential
structures qualifying for rehabilitation or reconstruction for Community
Development Block Grant financing. A.
Notwithstanding any provision in this chapter to the contrary, if
the applicant for a building permit for rehabilitation of over fifty percent of the
reasonable value of a qualifying residential structure
subject to the permit, or the reconstruction of a qualifying residential
structure subject to the permit, submits with the application a
conditional loan commitment letter or letter of intent to finance
issued under the Community Development Block Grant program of the city for the
structure, the city in issuing the permit will not impose any condition on the
permit pertaining to off-street parking requirements otherwise
imposed or required of the city.
"Qualifying residential structure", as used in
this section, means any single-family or multi-family residential
structure financed by the city Community Development Block
Grant which is restricted pursuant to federal or state law to ownership or
occupancy by households with incomes not exceeding the criteria for persons and
families of low income and moderate income, as defined by Section
50093 of the California Government Code, or more restrictive income criteria.
"Rehabilitation", as used in this section, shall
mean the restoration of more than fifty percent of the reasonable
value of the dwelling unit at the time of submitting the
application for a building permit.
"Reconstruction", as used in
this section, shall mean the complete or substantially complete rebuilding of an
existing residential structure on the same parcel.
B. In the event that a building permit shall be approved
for a qualifying residential structure pursuant to
subsection A of this section, portion(s) of the subject property not then in
conformance with applicable off-street parking requirements shall be designated
on the plans to ensure future compliance as required in this chapter
when the property is sold or no longer qualifies for the
Community Development Block Grant program financing. These plans, and the
acknowledgement form signed by the property owner of the subject property,
shall be recorded in the office of the county recorder.
C. In the event the property is sold or no longer qualifies
for the Community Development Block Grant Program, any real property
or structures situated thereon that are not in compliance with applicable
off-street parking requirements shall be subject to the enforcement and
penalty provisions of Chapter 18.44 of this code.
18.48.050 Required parking, uses not
mentioned. The required off-street parking for any building, structure or use of
land of a type which is not listed in this title shall be determined by the
director of planning. The director of planning shall be guided as much as
possible by comparison with similar uses which are listed.
18.48.060 Location
and control of parking facilities. The off-street parking
facilities required by this title shall be located on the same lot or parcel of
land as the use they are intended to serve, except that in cases of practical
difficulty, the director of planning may approve a substitute location which meets
the following conditions:
A. That all or part of
substitute location is within reasonable walking distance of the principal
use for which the parking is being provided. Said distance shall be
walking distance along a public street or sidewalk;
B. That the substitute lot is in
the same possession as the use it is intended to serve. Such possession may be by
deed or long-term lease, the terms of which meet the
approval of the city. The present and future owners of the
substitute lot shall be bound by covenants which shall be
required to be filed in the office of the county recorder, requiring such owner
to maintain the required number of parking spaces for the duration of the use
served or the life of the building, whichever is greater.
18.48.070 Computation
of required parking spaces. For the purpose of
computing off-street parking spaces which are required by this
title, the following rules shall apply:
A.
"Floor area" means gross floor area unless otherwise specified for a
particular use.
B. Churches
and other places of general assembly in which benches or pews are used
in the place of seats, each eighteen inches of length of
such benches or pews shall be counted as one seat.
C. When
determination of the number of off-street parking spaces results in a
requirement of a fractional space, any fraction of one-third or more
shall be counted as one required space.
18.48.080 Combined
or common parking areas. A. The required off-street parking
and loading facilities as required by this title may be provided collectively
for two or more buildings or uses in any "C" or
"M" zone; provided, that the total number of parking
spaces shall be not less than the sum of the requirements for each of the
individual uses, and may be satisfied by the establishment and maintenance of
common parking areas as herein provided. Such areas shall be subject to
approval by the planning director, subject to the provisions of this title as
to size, shape, location, improvements, and distance from an access to the use
to be served.
B. If the common parking area and the building sites to
be served are subject to more than one ownership, permanent
improvements and maintenance of such parking facilities must
be provided for in one of the following manners:
1. By covenant or
contract among all such property owners, and duly recording an appropriate
covenant running with the land and improvements and filed in the office of
the county recorder;
2. By creation of special districts and the imposing of
special assessments in any of the procedures prescribed by the
state law.
3. By utilizing the authority vested in a parking authority as
provided by state law;
4. By dedicating
such common parking area to the city for parking purposes subject to the
acceptance of such dedication by the city council.
18.48.090 Mixed
uses. In the event that two or more uses occupy the same building, lot or
parcel of land, the total requirements for off-street parking and off-street
loading space shall be the sum of the requirements of the various uses computed
separately.
18.48.100 Size
of parking spaces. Off-street employee parking in the rear of
the building in "M" zone shall be developed at dimensions of
not less than eight feet, six inches in width and nineteen feet in
length. All other off-street parking space shall have dimensions not less than
nine feet in width and twenty feet in length. No part of the area of a required
parking space shall be used for driveways, aisles or other required
improvements. Forty percent of the required spaces may be marked for small cars
(eight feet six inches by eighteen feet).
18.48.110 Access,
parking, and circulation requirements. Paved access driveways
shall be provided for ingress to and egress from all parking and loading
facilities. Each parking and loading space shall be easily accessible to the
intended user. The width of the driveway entrances and exits
from a public street shall be measured at the property line
and shall comply with the following standards:
A. Residential uses, minimum driveway width shall be ten
feet.
B. All other uses, minimum driveway width shall be twelve
feet.
C. Each developed site shall have not more than two accessways (driveways) to any one
street.
D. Accessways shall have a
minimum of five feet full height curb from adjoining residential property
lines.
E. No driveway shall exceed a width of thirty feet at the
sidewalk.
F. No driveway shall be allowed to encroach into the curve of
a street corner unless the radius of the curb return is
greater than thirty feet.
G. No vehicles may be parked on service station premises
and offered for sale, lease or rent.
H. No vehicles may be parked on sidewalks, parkways,
driveway entrances, alleys or planting areas.
I. No vehicles may be parked upon any roadway or public
parking lot for washing, greasing, repairing or selling.
18.48.120 Location
of parking facilities restricted. The location of parking and
loading facilities shall comply with the following:
A. In the residential zones, parking shall not be
permitted in the required front yard. On a corner lot or through lot,
parking shall not be permitted in other required side and rear
yards in the residential zones, provided all other requirements of the title
are met.
B. In the commercial and manufacturing zones, the
required yard areas may be used for parking where not specifically prohibited; provided, that the landscaping, fencing and all other
provisions of this title are met.
18.48.130 Development
and maintenance of parking areas. Every
parcel of land hereafter used as a public or private parking area, including a
commercial parking lot and vehicle sales area, shall be developed and
maintained in good condition and in accordance with the provisions of this
title.
18.48.140 Paving
and parking areas and driveways. A. All off-street parking
areas and vehicle, trailer and equipment sales and storage areas and any
driveways used for access thereto, shall be paved.
Prior to paving, adequate base material shall be installed in accordance with
city standard specifications. Paving shall consist of plant-mix asphaltic
paving at least three inches thick installed in accordance with city
standard specifications, or other paving material acceptable to the
director of planning as equal. The surface shall be graded and drained so as to
dispose of all surface water.
B. Residential driveways
shall be paved with adequate base and at least two inches of plant mix
asphaltic paving or acceptable substitute.
18.48.150 Lighting of parking areas. Any
lighting used to illuminate off-street parking facilities or vehicles
sales areas shall be so arranged as to reflect the light away from the
adjoining premises in any residential zone. All lighting shall be subject to
the approval of the planning director.
18.48.160 Other required improvements. All
required parking areas shall have the following improvements:
A. Parking areas shall be legibly marked off on the
pavement, showing the required parking spaces, and shall be so
designed so as to prohibit vehicles from backing into traffic.
B. Concrete parking barriers sufficient to insure that no
portion of the vehicles parked on the premises shall extend
over the property line or planned street width line, whichever is
greater, shall be erected and maintained along the perimeter of the parking
area.
18.48.170 Limitation on use of
required parking area. Required parking area shall be used exclusively for
vehicle parking in conjunction with a permitted use and shall be so designed
and maintained as not to constitute a nuisance at any time,
and shall be used in such a manner that no hazard to person
or property, or unreasonable impediment to traffic will result.
18.48.180 Continuing
obligation. The required off-street parking
and loading facilities shall be a continuing obligation of the property owner
so long as the use requiring vehicle parking or vehicle loading facilities
continues. It is unlawful for an owner of any building or use to discontinue or
dispense with the required vehicle parking or loading facilities without
providing other vehicle parking or loading area which meets the requirements of
this title.
18.48.190 Plot
plan approval. At the time a building permit is requested for
any building or structure, or at the time a new use of land
which would require off-street parking is established, a plot plan
shall be submitted showing the proposed development of the property including
the layout and development of the parking and loading facilities. All parking
and loading spaces shall be designated as well as the access aisles and other
improvement. The director of planning may disapprove such plans if he finds
they are inconsistent with the purpose and intent, and the requirements of this
title.
18.48.200 Required off-street loading
space. Off-street loading space shall be provided and maintained on the
same lot with every building or separate occupancy as follows:
Required Spaces
Hotels and Restaurants 1
Commercial and Industrial Buildings
(in square feet gross floor area)
Under 20,000 1
Under 40,000 2
Under 80,000 3
Under 120,000 4
Under 160,000 5
Over 160,000 6
Other buildings, hospitals and
institutions
Under 50,000 1
Under 100,000 2
Over 100,000 3
18.48.210 Size
of loading space. Each required off-street loading space
shall be not less than ten feet in width and twenty-five feet in length.
Chapter
18.52
SECOND
DWELLING UNITS
Sections:
18.52.010 Purpose.
18.52.020 Definition.
18.52.030 Development standards.
18.52.040 Permit process.
18.52.050 Appeal process.
18.52.010 Purpose. A
second dwelling unit, as defined by California Government Code
§65852.2(i)(4) and this
Code, is permitted only on a lot zoned for rural residential agricultural
(R-R), low-density residential (R-1), medium-density residential (R-2),
high-density residential (R-3), or high-density residential/professional (R-4)
use in accordance with the provisions of this Chapter.
18.52.020 Definition. Second
dwelling unit means a room or suite of rooms constructed or adapted within or
onto a one-family (i.e., principal) dwelling being an integral part thereof,
and designed for the use and occupancy by a person or persons living independently
from the one family dwelling occupants. A second dwelling unit shall be
subordinate to the principal dwelling unit.
18.52.030 Development
Standards. A. General Plan. The second dwelling unit until shall be
consistent with the purpose, goals and objectives of the Weed General Plan and
will not result in a new residential density in excess of the established
density factor. Consistency with density requirements will be determined on a
block face segment basis.
B.Occupancy. There must be no more
than one existing single-family dwelling on the lot for which an application
under this chapter is submitted. The owner of the property must occupy either
the main unit or the second dwelling unit and a declaration of such restriction
on occupancy shall be recorded and be binding on future owners. The unit is not
intended for sale. The unit may be rented.
C.Existing Code Conformance. There
shall be no zoning code or building code violation existing on the lot on which
the second dwelling unit is to be located.
D. Location. The second dwelling unit may be either
attached to the existing dwelling and located within the living area of the
existing dwelling or detached from the existing dwelling a minimum of 10
feet, located on the same lot as the existing dwelling, and subject to the same
conditions as the main building.
E. Lot Area. The lot must conform to the lot area, width
and depth requirements on the underlying zone. Any parcel that does not conform
to such requirements shall not be granted a permit for a second dwelling unit.
F. Zoning Requirements. The minimum front, side and rear setbacks
of the underlying zone provisions shall apply to any second
dwelling unit and shall be made a condition of approval. Requirements relating
to height, setback, lot coverage, and other zoning requirements generally
applicable to residential construction in the zone in which the
property is located shall apply for a second dwelling unit.
G. Off Street Parking. A minimum of one additional
off-street parking space shall be provided for any second dwelling
unit, and if the second dwelling unit contains two or more bedrooms, or
spaces for two or more bedrooms, a second additional off-street
parking space shall be provided. The required parking space shall
not block any required existing enclosed space for the existing
dwelling unit, and shall include appropriate paving for access.
H. Unit Size. An attached second dwelling unit shall not
exceed 30 percent of the existing living area. A detached second dwelling unit on the
subject parcel shall have a floor space not to exceed 1,200 square
feet.
I. Design. Each second dwelling unit shall be designed to
be compatible with the main dwelling. The design shall take into consideration
the use of the same exterior materials, roof covering, colors,
and other architectural features.
J. Utility Service. The utility service for the second
dwelling unit must be serviced through the existing single-family dwelling
service.
18.52.040 Permit
Process. A second dwelling unit must have a certificate
of registration issued by the city in order to be in conformance with the
requirements of this chapter.
A. Application for a certificate of registration shall be
made on a prescribed form and shall contain the following:
1. The name and
address of the owner or owners;
2. The address of
the property for which a second dwelling unit is proposed to be permitted;
3. A photocopy of
the deed for the property as recorded with the county recorder,
4. A scale drawing
showing the lot dimensions, the location of the building,
building setbacks, and proposed addition(s) to the building and all
vehicular parking spaces;
5. Floor plans of
the principal and secondary dwelling units drawn to the scale showing all
existing and proposed improvements;
6. Consent of the
owner to the physical inspection of the premises prior to the issuance of any
building permit or certificate of registration;
7. Signature of
the owner(s) under penalty of perjury;
8. A nonrefundable
filing fee, to be established by resolution of the city council;
9. Any other
information or data deemed necessary by the director of planning to determine
compliance of the proposed second dwelling unit with the terms of this section.
B. Application for a certificate of registration shall be
made when applying for a building permit. Issuance of a certificate of
registration will take place upon final building inspection and the issuance of
a certificate of occupancy. The director of planning shall also certify, date and cause to be recorded the certificate of
registration at the time of issuance.
C. The following shall appear on the certificate of
registration: This Certificate of Registration has been issued in
accordance with the provisions of Title 18 of the Weed Municipal Code (Zoning
Ordinance) and is subject to certain restrictions and conditions so long as a second
dwelling unit exists on the premises; these include, but are not
necessarily limited to the following:
1. That the second
dwelling unit is allowed only so long as one of the two dwelling units is
occupied by the owner(s) of record;
2. That all
off-street parking spaces, as identified in plans submitted in application for
this Certificate of Registration shall be maintained in usable conditions. Said
spaces shall not be used for storage of materials, inoperable vehicles or
equipment, if such storage necessitates the parking of the property
owner's or tenant's vehicles outside the specified parking area.
3. That no
improvement or modification of the building shall be made without issuance of a
building permit by the city.
The City Council has the right to terminate the continued
use of the second dwelling unit if, after a public hearing on the matter, it
determines that a violation of any zoning, building, fire or other health and
safety code of the city exists; The city council may cause to
be recorded with the county recorder of Siskiyou a revocation of this
Certificate of Registration.
The use of said property contrary to these special restrictions
shall constitute a violation of the Weed Zoning Ordinance and shall constitute
a misdemeanor and upon conviction thereof the person
violating the ordinance shall be subject to all remedies under Section
1.20.010 of the Weed Municipal Code, including a fine of not more
than five hundred ($500.00) dollars, or imprisonment in the County Jail for a
term not exceeding six (6) months, or both. A separate offense shall have been
committed for each and every day during which a violation
persists. In addition, the city may take any and all civil actions necessary
to abate said use.
4. The certificate
of registration shall be signed and acknowledged by the owner(s) of record.
5. The certificate
of registration may be conveyed with title to the property; however, this in no
way relieves any property owner or successor from compliance with all the terms
of the ordinance and all other applicable regulations.
6. Failure to
comply with the requirement of this or any other section of the Zoning
Ordinance will comprise a violation that, in addition to penalties cited
in section 1.20.010 of the Weed Municipal Code, can result in the revocation of
the Certificate of Registration by the city council after public hearing on the
matter.
18.52.050 Appeal
Process. Denial of any building permit application or certificate
of registration may be appealed by the applicant to the city council. All
appeals must be made in writing to the city clerk within thirty days after the
date of the denial. The city council shall elect a time and place for hearing
the appeal and give due notice thereof to the affected person(s) and shall
render a written decision. The decision of the city council shall be
final.