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Atwater City Zoning Code

CHAPTER 17

37 - C-T, THOROUGHFARE COMMERCIAL

17.37.010 - Purpose.

To provide for retail commercial, entertainment, and transient residential uses, which are appropriate to thoroughfare locations and dependent upon the traveling public.

Any visitor-related use permitted shall not only be established for the convenience of the travelers, but most of all shall be aesthetically pleasing, beautifying the area, and serve as an invitation to strangers to "stop in Atwater and stay a while."

C-T areas shall be established as designated in the General Plan, which is in the general vicinity of highways, freeways, on service drives thereof and in proximity to Castle Air Museum, Castle Air Force Base, golf course or similar tourist attracting facilities.

Qualifying areas are preferred to be zoned P-D.

(Ord. CS 569, 1984)

17.37.020 - Conditional uses.

All uses permissible in the C-T zone shall require approval of a conditional use permit by the Planning Commission.

A.

Hotels, motels, and similar transient residential complexes;

B.

Public or commercial recreational facilities, such as swimming pools, bowling alleys, skating rinks and golf driving ranges;

C.

Restaurants, drive-in restaurants, cocktail lounges* and refreshment stands; (*Bars, not incidental to a restaurant, also need City Council approval.)

D.

Curio, souvenir and similar retail shops developed as part of a complex, if possible;

E.

Public and quasi-public uses;

F.

Shopping centers;

G.

Automobile service stations with minor repair as an incidental use;

H.

Truck stops or RV parks;

I.

Off-site alcoholic beverage sales.

J.

Any other retail business or service establishment determined by the Planning Commission to be of the same general character as uses listed above, catering mainly to the motoring public, and being consistent with the intent of this zone as described in Section 17.37.010.

(Ord. CS 569, 1984; Ord. CS 780, 2-28-2000; Ord. CS 782, 5-8-2000)

17.37.030 - Accessory uses.

Accessory uses and buildings customarily incidental to an approved use.

(Ord. CS 569, 1984)

17.37.040 - Lot area, setbacks, and height of structures.

The following minimum area requirements shall be observed, except where increased for conditional use:

A.

Five acre minimum which can be reduced by the Planning Commission for just cause.

B.

Smaller lots, existing at the time this ordinance became effective, shall not be considered nonconforming and may be developed, but not split to a smaller size. Combination of adjacent lots is strongly encouraged for better development with less curb cuts and combined parking facilities, which are mandatory along certain streets.

C.

A ten-foot front yard setback shall be required. Side and rear yard setbacks will be set or waived during use permit approval by the Planning Commission. See exceptions below.

D.

Building height limits: No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1.

The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2.

The Planning Commission makes all of the following findings:

A.

The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

B.

The project will be exemplary in its design;

C.

The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;

D.

The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;

E.

The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;

F.

Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;

G.

The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;

H.

The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and

I.

The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

(Ord. CS 569, 1984; Ord. CS 950, § 1, 3-10-2014; Ord. CS 1056, § 1, 1-23-2023)

17.37.050 - Development standards.

The following items are minimum requirements unless noted otherwise:

A.

Ten percent of the lot area shall be landscaped, especially the front yard setback;

B.

Street trees are to be planted in compliance with adopted City standards;

C.

Landscaping shall comply with City landscaping standards.

D.

Parking and loading as described elsewhere in this title;

E.

A six-foot high wall or solid fence shall be required on the interior property line abutting a residential zone or land designated in the General Plan for future residential use;

F.

Trash receptacles to be screened from view;

G.

All utilities are to be installed underground;

H.

Refer to Section 17.03.110 for requirements for collection and loading recyclable materials in development projects.

(Ord. CS 569, 1984; Ord. CS 667, 1990; Ord. CS 721, 3-27-1995)

17.37.060 - Exceptions.

The following exceptions shall apply:

A.

Setbacks to be enforced as adopted with Section 17.34.060 if abutting residential areas or fronting on certain streets.

(Ord. CS 569, 1984)

17.37.070 - Signs.

All proposed signs shall comply with the regulations elsewhere in this title.

(Ord. CS 569, 1984)

17.37.080 - Site plan and design review.

All uses in the C-T zone shall submit the required drawings for site plan and design review at the time the use permit is applied for, as described elsewhere in this title.

(Ord. CS 569, 1984; Ord. CS 1059, § 1, 3-27-2023)