In order to develop the land to its best use as determined by the various zones established in Section 17.09.010, a building permit is required for any structure.

(Prior Code § 10-3.601)

The building permit shall be checked by the building inspector and when necessary referred to the board of architectural review in order that all land use and construction shall conform to the general pattern established for that area, and shall not be of the type that would depreciate values by unsightly construction.

(Prior Code § 10-3.602)

A.

Building permits for new dwelling units shall only be issued for lots with curbs and gutters. If the lot has no curbs and gutters, the building permit will be based upon plans that include curbs and gutters.

B.

If the City Engineer requests additional public improvements, the Community Development Director may consider requiring the additional public improvements beyond curbs and gutters. Final inspection shall not be made until the City Engineer has approved the installation of all required public improvements.

C.

If the City Engineer finds that the street grade is such that required public improvements cannot be installed as part of the building permit procedure, a binding agreement running with the land is to be executed requiring public improvement installation at City-designated time.

D.

This section is applicable to all lots that are not covered specifically by site plan and architectural control or current subdivision (including minor subdivision, lot splits, etc.) requirements.

(Prior Code § 10-3.602.1; Ord. CS 1059, § 1, 3-27-2023)

A.

If the applicant is dissatisfied by the decision of the building inspector, he shall have the right to appeal to the Commission and a hearing shall be held thereon after which the Commission may order issuance of a building permit or it may withhold issuance of same if not satisfied that proposed plans are in the spirit of and in keeping with the provisions of this title.

B.

The notice, if any, of the public hearing on the report of the Commission and the application for architectural control review shall be in the time, form, and manner directed by the Community Development Director, or designee.

(Prior Code § 10-3.603; Ord. CS 1059, § 1, 3-27-2023)

Editor's note— Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.12.050, which pertained to interpretation of no action—Appeal to Council and derived from prior Code § 10-3.604.

No public and/or governmental building, fountain, monument, wall, arch, or other structure shall be erected, placed on or upon, removed from, relocated or materially altered on or upon any public land or allowed to extend over or upon any street, avenue, square, park, recreation ground, or other public property unless plans for the same and the location thereof have first been submitted to the Planning Commission to ensure consistency with the City of Atwater's Policies, Codes, and guidelines.

(Prior Code § 10-3.605; Ord. CS 1059, § 1, 3-27-2023)

Front, rear, and side yard setback lines shall be maintained in each land use district as required. Eaves or overhangs may project a maximum distance of two feet beyond the minimum front, rear, or side yard setback lines.

(Prior Code § 10-3.606)

For the orderly and balanced development of the community, and in order to assure opportunities for continued prosperity through provision for orderly growth and expansion of the uses normal to each district and in order to reduce the ill effect and blight that usually accompanies mixed use in all cities, there are set forth in this chapter the uses permitted and the conditions to use in each land use district in the City. No use shall be permitted in residential, commercial, or industrial districts other than those uses for which the district is zoned.

(Prior Code § 10-3.607)

All applications for building permits for permitted and conditional uses, other than agricultural residential, residential estate, and single-family residential buildings and minor structures for the conduct of a business which is to be conducted primarily in the open air outside of a structure, applications for use permits, proposed structures and parking layouts, and the plans, site plans, elevations and landscaping plans shall constitute application for site plans and architectural control review. Unless otherwise referred to the Planning Commission for purposes of efficiency and consolidation of review with other approvals or entitlements, it shall be the duty of the Community Development Director, or designee, to approve applications for site plans and architectural control review to ensure all applications are consistent with the adopted Residential Design Guidelines or Commercial and Industrial Guidelines, as amended from time to time. Such approval shall expire six months from date of approval if operation or construction has not started, or if the use has been discontinued for six months or longer. A one-year extension may be considered for just cause.

(Prior Code § 10-3.608; Ord. CS 1059, § 1, 3-27-2023)

If the applicant is aggrieved by the Community Director's decision to deny the architectural plans and site plans, the applicant may appeal such decision in writing to the Planning Department within ten calendar days from the date of the action. The filing of an appeal shall stay all proceedings in furtherance of the action taken by the Planning Commission.

At the conclusion of the hearing, the Planning Commission shall render a decision on the appeal and may affirm, reverse, or modify the decision of the Community Development Director as it deems just and equitable on the premises.

(Ord. CS 1059, § 1, 3-27-2023)

Subject to the provisions of this title, the uses set forth in Chapters 17.18 through 17.54, inclusive, and Chapter 17.63, are permitted and regulations relative to conditions to use are established within and with regard to various land use districts.

(Prior Code § 10-3.609)

The minimum building or structure setback to be provided by any development to abut the following major streets within the City limits shall be 65 feet measured from the established or proposed centerline of the street. Affected streets: Bellevue Road, Winton Way, First Street, and Shaffer Road. Further, a minimum building or structure setback of 76.5 feet shall be maintained on the northerly side of Atwater Boulevard, said setback being measured from the recognized south property line of Atwater Boulevard as it appears on the effective date of the ordinance codified in this title.

(Prior Code § 10-3.610)

In all zones which require a front yard, no obstruction to view in excess of three feet in height shall be placed on any corner or reversed corner lot within a triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street lines, except that street trees are permitted which are pruned at least eight feet above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers.

(Prior Code § 10-3.611)

The proposed routes of public utilities, including but not limited to poles, lines or other structures or facilities used or usable solely for the purpose of producing, transmitting and/or distributing electricity, signal, or communication services, public utility pipeline and electric or telephone transmission lines, state highways and railroads shall be subject to review and approval by both the Planning Commission and the City Council.

(Prior Code § 10-3.612)

Subject to obtaining of a conditional use permit, one temporary real estate office or one or more temporary real estate billboards not to exceed a total of 100 square feet in area, or both such office and billboard may be located on any new subdivision; provided, that such office and billboard, if located in an R zone, shall be used only for the sale of property located in the subdivision in which such office and billboard are located, and shall be removed at the end of two years from the date of the recording of the map of the subdivision upon which the office and billboard are located.

(Prior Code § 10-3.613)

Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction projects may be established and maintained during progress of such construction on such project; provided, that such temporary structure may not be maintained for a period exceeding one year.

(Prior Code § 10-3.614)

It is unlawful for any persons to place, keep or maintain or permit to be placed, kept or maintained, any mobile home, except a travel trailer, upon any lot, piece or parcel of land within the residential zones of the City, except in a mobile home park or in a residential zone wherein this is a permitted use. Any such unit located on property annexed to the City may be maintained as a non-conforming use.

(Ord. CS 484, 1981)

It is unlawful for any person to place, keep or maintain, or permit to be placed, kept or maintained, a trailer, travel trailer, camp car, camper or recreational vehicle within the residential zones of the City, except in a mobile home park or travel trailer park with the following exceptions:

A.

Such facilities may be placed, kept or maintained wholly within a structure lawfully existing on the premises; or

B.

Such facilities may be placed within the rear or side yard setbacks.

C.

Such facilities may be placed within the front yard, provided the vehicle does not overhang the sidewalk or extend into the City right-of-way or the corner lot clearance area as specified in Section 17.12.120.

D.

Exemption: (1) Visitors who are not residents of the City of Atwater are exempt from the above for a period of 72 hours. (2) Any recreational vehicle mentioned in this section may be parked in the street for a period of 72 hours for loading, unloading, cleaning, or mowing the lawn.

E.

All units would have to meet the requirements listed in corner lot vision clearance specified in Section 17.12.120.

F.

Vans or pickups with camper shells which do not exceed an overall height of 84 inches, or pickups without camper shells are not considered to be recreational vehicles.

(Ord. CS 749, 9-8-1997; Ord. CS 489, 1981)

It is unlawful for any person to place, keep or maintain, or permit to be placed, kept or maintained, any mobile living unit upon any lot, piece or parcel of land within the nonresidential zones of the City other than in a mobile home park or trailer park except for storage, sale or business use, as permitted in such zone.

(Prior Code § 10-3.615(c); Ord. CS 364, 1978)

It is unlawful for any person to place, keep or maintain, or to permit to be placed, kept or maintained, any bus, motor truck, trailer, semi trailer or truck tractor in the City of Atwater except for pickup or delivery service, or public agency or utility company vehicles while used on official business, or as part of the operation of a legally existing nonconforming use; provided, that in no case shall such bus, motor truck, trailer, semi trailer or truck tractor be parked at any location in the City of Atwater longer than required for such pickup or delivery service or official business, other than within the grounds of a legally existing nonconforming use located within the City of Atwater and of which operation the bus, motor truck, trailer, semi trailer or truck tractor is part. This section shall not apply to pickup trucks as defined in Section 17.06.630, travel trailers as defined in Section 17.06.625 nor does it apply to fifth-wheel travel trailers as defined in Section 17.06.258.

(Prior Code § 10-3.617; Ord. CS 755, 12-8-1997; Ord. CS 844, 9-13-2004)

A.

A first violation of Section 17.12.190 is punishable by a fine not to exceed $50.00.

B.

A second violation within one year of the first violation is punishable by a fine not to exceed $100.00.

C.

A third violation within one year of the first violation is punishable by a fine not to exceed $150.00.

(Ord. CS 755, 12-8-1997)

In any land use district or in areas newly annexed or proposed to be annexed to the City, plans for a large scale development may be submitted to the Planning Commission and City Council for their informal approval with regard to the overall development of such acreage.

(Prior Code § 10-3.618; Ord. CS 408, 1979)

The Planning Commission shall, in its rules, prescribe the form and scope of all petitions and applications provided for in this title and of accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the matter involved in each case and for a permanent record. Any petition for a variance, use permit, or amendment as provided for in this title shall include a verification by at least one of the petitioners, attested before a notary public or before the City Clerk.

(Prior Code § 10-3.2601)

A.

All departments, officials and public employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate, or licenses for uses, buildings, or purposes in conflict with the provisions of this title; and any such permit, certificate, or license issued in conflict with the provisions of this title shall be null and void.

B.

It shall be the duty of the building inspector to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.

(Prior Code § 10-3.2701)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated, or maintained contrary to the provisions of this title, is unlawful and a public nuisance, and the City Attorney shall upon order of the Council immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take over other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person from setting up, erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and exclusive.

(Prior Code § 10-3.2702)

Editor's note— Ord. CS 938, § 1, adopted Jan. 28, 2013, repealed § 17.12.240, which pertained to fee exemptions and derived from prior Code § 10-3.2801.