This title shall be known and cited as the "City of Atwater Zoning Ordinance."

(Ord. CS 530, 1983)

In conformance with the state planning and zoning law, and after public hearings as required in this title, comprehensive land use and zoning regulations were adopted for this City. Such regulations being a precise and detailed plan for the use of land in the City, are consistent with the adopted general plan.

(Ord. CS 530, 1983)

Whenever this title becomes inconsistent with Atwater's adopted general plan through a revision of the general plan, the Community Development Director shall prepare zoning proposals which will bring the City's zoning ordinance in consistency with the City's general plan. Pending completion of this consistency, all uses inconsistent with the City's general plan shall be prohibited.

(Ord. CS 530, 1983)

This City is primarily a residential City, with fine homes built among attractive trees and landscaping. Its shopping and commercial centers provide an important element of the City's tax base and serve the residents of the City and adjacent areas. A general plan of the City has been adopted in order to preserve and extend the residential character of the City, to provide areas suitable and pleasant in which to work and provide for ease of access between these land use areas. This title is adopted in the spirit of the adopted general plan, to make precise and to regulate general land use areas.

(Prior Code § 10-3.201)

This title sets forth in detail conditions to land use and uses permitted on land in the City. The further purpose of this title is to gather together many separate and related regulations into one coordinated document, in such manner as to bring about more effective and reasonable administration. Further, this title is to designate, regulate, and restrict the location and use of buildings, structures, and land for residence, trade, commerce, industry, parking or other purposes; to regulate and limit the height, number of stories and size of buildings and other structures hereafter erected or altered; to regulate the external appearance of buildings and grounds within certain districts, to preserve and extend the charm and beauty existent in and inherent to the residential character of the City; and to regulate and limit the density of population and for all purposes to divide the City into zones of such number, shape and area as are deemed best suited to carry out the intent and purpose of these regulations and provide for their enforcement.

(Prior Code § 10-3.202)

These regulations are deemed necessary in order to encourage a more appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air, and to prevent and fight fires; to prevent undue concentration of population, to lessen congestion on streets; to facilitate provision of adequate community utilities such as transportation, water, sewerage, schools, parks, and other public requirements; to provide for the extension of tree and shrub planting; and to encourage the erection of buildings of pleasant design in the commercial and industrial areas of the City in order to preserve and to extend the inherent residential character of the City; and to promote health, safety, comfort, convenience and the general welfare; and thus to provide the economic and social advantages resulting from an orderly, planned use of land resources.

(Prior Code § 10-3.301)

The use of land in this City shall be guided, regulated and restricted by this title and by the land use district map referred to and adopted by section 17.03.070

(Prior Code § 10-3.301)

The location and boundaries of the various zones have been adopted by zoning ordinance amendment since February 10, 1966. The maps and all notations, references and other information shown thereon are made a part of this title. A pictorial representation of the composite maps shall be called the "the City Zoning Map," but official decisions on zoning or property are to be made from the individual maps accompanying the several amendments.

(Prior Code § 10-3.302; Ord. CS 343, 1977)

The zoning map may, for convenience, be divided into parts and each such part may, for purposes of more readily identifying areas within such zoning map, be subdivided into units, and each such part and units may be separately employed for purposes of amending the zoning map or for any official reference to the zoning map.

(Prior Code § 10-3.302.1; Ord. CS 343, 1977)

Changes in the boundaries of the zones shall be made by ordinance adopting an amended zoning map, or part of the map, or unit of a part of the zoning map, which amended maps, or part or units of parts, when so adopted, shall be published in the manner prescribed by law and become a part of this title.

(Prior Code § 10-3.02.2; Ord. CS 343, 1977)

A.

Definitions. The following definitions shall apply to the language contained in this ordinance:

1.

"Development project" means any of the following: A project for which a building permit is required for a commercial, industrial or institutional building or residential building having five or more living units, where solid waste is collected and loaded.

2.

"Recycling area." Space allocated for collecting and loading of recyclable materials.

a.

All new projects, and

b.

Any sum total of alterations requiring a building permit to an existing project (30 percent addition or ten percent of then current assessed value of existing structure).

3.

"Recyclable material." Recyclable material to include: aluminum cans, glass, plastic, paper products and cardboard.

B.

General Requirements. Recycling enclosure with receptacles of sufficient volume and number shall be required for the following types of new developments:

1.

Any multiple family residential with five or more units;

2.

Any commercial, industrial, office, public projects;

3.

Requirements for existing structures:

a.

Any modification to existing projects with additions of 30 percent or more of floor area; or

b.

Any modification where the addition will exceed ten percent of the then current assessed value of existing structure(s) within the subject parcel.

C.

Design Standard of Enclosure.

1.

Floor area—the floor area of the enclosure shall be built with four-inch concrete slab over six-inch aggregate.

2.

To prevent accidental damage to the wall of structure, a concrete curb should set the structure's wall six inches back from the bin.

3.

Wall—a typical 8″ × 8″ × 16″ concrete block shall be used for block walls. A decorative exterior surface finish compatible to the main structure or split face concrete block finish is highly recommended.

4.

Gates—Gates should either swing outward or slide parallel to the wall.

5.

Size—the size of enclosure shall be pending upon the intended use.

6.

The surrounding of the recycling enclosure shall be landscaped and planted wherever possible to be screened from public view.

D.

Access and Location.

1.

Placement—the enclosure shall be properly located to be accessible by the occupant and by the disposal hauling company.

2.

The enclosure shall not be placed within any required front or exterior side setbacks.

3.

The recyclable material enclosure shall not be attached to the trash enclosure unless it is proven to be the best location for both and accessible to the hauling company.

4.

There shall be separate bins for each recyclable material within a single enclosure.

E.

Security. The recyclable material enclosure shall be secured to prevent the theft of the recyclable materials.

F.

Signage. One identification sign shall be posted on each recyclable material enclosure. Said sign shall not exceed one square foot in area and has to be posted flat on the wall of the enclosure.

G.

Review and Approval. The location of the recyclable enclosure area shall be part of the site plan review and shall be approved by the Community Development Department.

H.

Maintenance. The property owner shall be responsible to maintain the recyclable storage area and keep it clean at all times.

I.

Building Permit. All recyclable material storage areas shall be reviewed by the City Building and Fire Departments, and the project proponent shall secure a building permit prior to construction of said enclosure.

J.

Contract with Recycling Hauling Company. It shall be the responsibility of the property owner/property manager to choose his/her carrier of recyclable materials.

K.

Exception. In cases where insufficient volume of recyclables is generated to merit a recycling bin, no recycling program for that site is required. However, allocation of space for the future enclosure shall be continued to be preserved for the purpose of future use of that site.

* The above requirements apply to all uses within Applegate Specific Plan Business Park.

(Ord. CS 721, 3-27-1995; Ord. CS 1059, § 1, 3-27-2023)