No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the lot area, yard and other open space and off-street parking requirements of this title. In addition, there must be provided for each rear dwelling an unoccupied and unobstructed access way not less than ten feet wide to a public street for not more than two dwelling units in such location, or one not less than 20 feet wide for three or more dwelling units.

(Prior Code § 10-3.2001)

Buildings in which a dwelling unit or units are constructed over a garage may be allowed to occupy the required rear yard to within three feet of the property line if the rear lot line abuts an alley. All other yard and open space requirements must be observed.

(Prior Code § 10-3.2002)

A private swimming pool shall be allowed as an accessory use in any "R" district if it fully complies with the following:

A.

The pool is intended and is to he used solely for the enjoyment of the occupants of the principle use of the property on which it is located.

B.

It may not be located closer than five feet to any property line of the property on which it is located.

C.

Every person in possession of land within the City either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool, shall at all times maintain on the lot or premises upon which such swimming pool is located and completely surrounding such pool, or completely surrounding the premises upon which such pool is located, a fence or solid structure not less than six feet in height and having no opening therein (other than gates or doors as hereinafter provided) larger than six inches square, and of a type not readily climbed by children. Main and accessory buildings may be used for fencing purposes.

D.

All gates or doors opening through the solid enclosure required by Subsection C. shall, at all times, be equipped with a self-closing and self-latching date securely closed at all times when not in actual use. Such latching device must be so located as not to be easily accessible to small children; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure required by Subsection C. need not be so equipped.

E.

The provisions of Subsections C. and D. shall not apply to public swimming pools for which a charge or admission price is required to be paid for such use thereof, nor to swimming pools which are a part of and located upon the same premises as a hotel or motel, during the time that the owner, operator or adult employee of such owner or operator is present at and in active charge of the premises upon which such pool is located.

F.

Private pools of a prefabricated type erected entirely above grade and containing less than 5,000 gallon capacity shall be exempt from Subsection B of this section.

G.

Private pools of a prefabricated type erected entirely above grade and containing less than 750 gallons shall be exempt from the provisions of this chapter.

A.

The City of Atwater recognizes that there is a need for people to conduct certain businesses in or from their homes, but that these businesses may conflict with the residential character intended for residential zones. It is the intent of the City of Atwater to permit certain home occupations in residential units if they meet the following objectives:

1.

That the business be small scale, low key occupation, clearly incidental and secondary to the residential use, to be conducted totally within the dwelling.

2.

That the residential neighborhood is protected from excessive noise, traffic, nuisances, fire hazards and other possible effects of home occupations in residential zones.

3.

That the residential character is to be upheld, and that commercial activity such as buying and selling products on the premise is not permitted.

4.

That advertising is permitted to identify the business but not to encourage commercial activity at the residence.

B.

Conducting a home occupation shall be subject to the following conditions:

1.

One home occupation per residence is permitted. A second home occupation for the same location must be approved by the Planning Commission through a Public Hearing process.

2.

The occupation shall be conducted entirely by resident occupants and shall not employ any person who is not a resident when conducted within the residence.

3.

The total floor area used for the occupation including area for storage and supplies shall be limited to one-fourth of the floor area of the main residence or 400 square feet whichever is smallest. With a second home occupation permit the Planning Commission may grant an additional 200 square feet.

4.

Storage of goods, materials or products connected with a home occupation is limited to the main residence, is subject to the floor area limitation, and shall not be allowed in accessory buildings.

5.

On premise commercial activity such as buying or selling a product directly to a customer is not permitted. Telephone or mail order sales are permitted.

6.

No internal or external alterations or construction features not customarily found in a dwelling shall be permitted.

7.

Mechanical equipment, dangerous or toxic materials not normally found in the home will not be permitted.

8.

The home occupation shall not produce offensive nuisances such as noise, glare, vibration, fumes or odor which are detectable to the neighborhood.

9.

There shall be no interior window displays or exterior advertising on the residential property.

10.

Advertising messages shall be limited to the name of the home occupation, phone number or post office box number and be limited to printed or published media.

11.

Such occupations shall not generate vehicular traffic not normally associated with residential use.

12.

Only one identified vehicle associated with the home occupation shall be permitted at the residence. There shall be no storage of equipment unless said equipment is contained with an enclosed structure. With a second home occupation permit the Planning Commission may grant an additional vehicle.

(Prior Code § 10-3.2004; Ord. CS 631, 1987; Ord. CS 801, 5-13-2002)

A.

Applications for home occupations shall be filed with the Planning staff upon forms and accompanied by such data as may be prescribed by the Planning Commission so as to assure the fullest practical presentation of facts for the permanent record.

B.

Each such application for any home occupation shall be accompanied by a fee payable to the City of Atwater upon approval.

C.

Planning staff shall review the application and issue the home occupation permit.

D.

Appeal of Decision of Planning Staff. If the applicant is dissatisfied by the decision of the Planning staff, applicant shall have the right to appeal to the Commission, and a hearing shall be held thereon after which the Commission may order issuance of the home occupation permit or it may withhold issuance of same if not satisfied that proposed home occupation is in the spirit of and in keeping with the provisions of this title.

E.

Appeal of Decision of Planning Commission. The Planning Commissions decision ultimately could be appealed to the City Council upon an appeal filing form and by paying the appropriate fee.

(Prior Code § 10-3.2005; Ord. CS 379, 1979; Ord. CS 696, 1993)

A.

Animal feed yards, fertilizer yards, commercial kennels for dogs and cats, riding academies and public stables shall not be closer than 500 feet to an R district or any hotel, motel or restaurant. Automobile and truck ingress and egress shall be provided and parking and loading spaces shall be designed to minimize traffic hazard and congestion. The proponent shall show that the odor, dust, noise or drainage shall not constitute a nuisance or a hazard to adjoining property or uses. No incineration of refuse shall be permitted on the premises.

B.

Veterinary offices and animal hospitals shall be a permitted use in each of the following zoning districts: Business Park Overlay, all Commercial Zones, and all Industrial Zones—M-1 and M-2.

(Prior Code § 10-3.2006; Ord. CS 943, § 1, 5-13-2013)

Drive-in theaters shall be located on an arterial or collector street and shall pro vide ingress and egress designed to minimize traffic hazard and congestion. They shall not be located nearer than 200 feet from any R district, and shall be so screened from such district that any noise, lights or lighted signs shall not disturb neighboring residents. No projection screen shall be visible from any arterial or collector street.

(Prior Code § 10-3.2007)

Golf driving ranges shall be located only on a major or secondary thoroughfare. The golf driving platform shall be not less than 200 feet from any adjacent R district. All lights used to illuminate the premises shall be so directed and shielded so as not to be an annoyance to any developed residential property.

(Prior code § 10-3.2008)

Community buildings, social halls, lodges, fraternal organizations and other clubs in R districts are as follows:

A.

All buildings shall be a minimum of ten feet from the side lot lines and 20 feet from the rear lot line.

B.

There shall be no external evidence of any incidental commercial activities nor any access to any space used for such activity other than within the building.

C.

Any such use must be located on an arterial or collector street or be able to provide access without causing heavy traffic on local residential streets.

(Prior Code § 10-3.2009)

Hospital, church or other religious or eleemosynary institution in an R district are as follows:

A.

Such institutions shall be located on an arterial or collector thoroughfare.

B.

A solid fence of not less than six feet shall be erected on any property line abutting an R district, except in required front yards.

C.

Minimum side and rear yards shall be ten feet.

(Prior Code § 10-3.2010)

All salvage or wrecking operations shall be conducted entirely behind a solid wall or board fence not less than eight feet high. Materials shall not be stored above the height of the fences. The Planning Commission may require, among other special considerations, a planted barrier of trees or shrubs. No such operation shall be carried on within 500 feet of any R district or any district designated for future residential use in the Atwater general plan.

(Prior Code § 10-3.2011)

Editor's note— Ord. CS 995, § 3, adopted May 14, 2018, repealed § 17.75.120, which pertained to marijuana cultivation, nursery, manufacturing, testing, transportation and distribution and derived from Ord. CS 982, § 5, 10-23-2017.