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The following criteria shall be used to determine a valid home-based business:

A.

No employees other than member(s) of the resident family;

B.

No use of material or equipment not recognized as being part of the normal practices in the zone of which the use is a part;

C.

No significant increase in pedestrian or vehicular traffic generated beyond that normal to the zone in which it is located;

D.

No use of commercial vehicles for delivery of materials to or from the premises that exceed the weight and/or vehicle dimension restrictions for residential zones;

E.

No unenclosed outside storage of materials and/or supplies;

F.

No signs other than those permitted in the zone of which it is a part, as provided for in Chapter 17.26;

G.

Use of not more than one room in a dwelling or in an accessory structure for the home-based business;

H.

No alteration of the appearance of the structure or the conduct of the occupation within the structure, such that the structure may be reasonably recognized as serving a nonresidential use, either by color, materials or construction, lighting, signs, sounds or voices, vibrations, etc.;

I.

No use of utilities of community facilities beyond that normal to use of the property for residential purposes;

J.

Conformance with the performance standards of Chapter 17.28.

(Ord. 790 § 1 (part), 2004)

Prior to commencing any home-based business meeting the criteria set forth in this chapter, a business license with home-based business approval from the planning department must be obtained. The business license, with home-based business approval, shall set forth the name, address and telephone number of the operator, the nature of the operation and by way of the applicant's signature, an acknowledgment of the criteria for a home-based business.

(Ord. 790 § 1 (part), 2004)

The following are examples of uses permitted, but not limited to, as home-based businesses:

A.

Professional offices;

B.

Offices for personal services, such as janitorial services, gardening services, office services, etc.;

C.

Dressmaking, millinery and other home sewing work;

D.

Handicrafts such as weaving, leather work and other arts and crafts;

E.

Instructional classes, not exceeding two students at one time;

F.

Mail order or direct sales, provided no merchandise is sold on the premises;

G.

Single chair beauty/barber salon;

H.

Repair of electronic equipment and small business machines;

I.

Locksmithing;

J.

Cottage food operation.

(Ord. 790 § 1 (part), 2004; Ord. No. 894, § 1, 10-9-18)

The following uses are prohibited as home-based businesses:

A.

The repair, reconditioning, servicing or manufacturing of any internal combustion or diesel engine or of any motor vehicle, including automobiles, trucks, motorcycles or boats;

B.

Major appliance repair;

C.

Uses which entail the harboring, training, raising, or grooming of dogs, cats or other animals;

D.

Uses in violation of public health and/or environmental health statutes or requirements;

E.

Sexually oriented businesses;

F.

Spiritual advisory services.

(Ord. 790 § 1 (part), 2004)

A "cottage food operation," as that term is defined in California Health & Safety Code 113758(a), as may be amended from time to time, is permitted provided that:

A.

Approval Required. An application for approval to engage in a home-based business shall be filed with the planning department pursuant to 17.30.020. In addition to the requirements for a home based business set forth in Section 17.30.020, the application for a cottage food operation shall also include the following:

1.

A statement of whether the applicant is the owner or a tenant of the property on which the use is proposed to be located; and if a tenant, the name and contact information for the property owner, landlord, or management company; as well as the signature of the property owner, landlord or management company consenting to the use;

2.

The address or legal description of the property on which the cottage food operation is proposed to be located;

3.

A copy of the permit issued by or the application submitted or to be submitted to the County of Riverside Department of Environmental Health for the proposed use;

4.

Identification of the name of each individual involved and/or employed in the proposed use and whether they are a family member or household member of the cottage food operator;

5.

A statement of whether the proposed use will involve "direct sales" or "indirect sales" of cottage food products at the subject residence as those terms are defined in California Health and Safety Code 113758(b) as may be amended;

6.

A description, explanation, and amount of projected impacts on traffic, including, but not limited to, the number of deliveries to be received or sent from the subject residence, frequency of loading of products for sale elsewhere, and anticipated consumer or third party retailer visits to the subject residence;

7.

An accurate floor plan drawing(s) of the subject residence showing: (i) areas proposed to be registered and/or permitted by or areas shown on application submitted to the County of Riverside Department of Environmental Health for cottage food preparation, packaging and related exclusive storage; (ii) all doors and exits; (iii) all vehicle parking spaces; (iv) all delivery and/or loading areas; and (v) the location(s) of streets, property lines, uses, structures, driveways, pedestrian walks;

8.

Any additional information, plans, or drawings the planning department may require to determine whether the proposed use will comply with all of the applicable provisions of this section. The city manager, or his or her designee, may authorize omission of any or all of the plans and drawings required by this section if they are not necessary;

B.

Action of Planning Department. After submittal of a complete application and fee as required by this section the planning department shall approve, approve in modified form, or deny the application in compliance with the authority and requirements set forth in California Government Code § 51035, as may be amended from time to time. The planning department shall grant the permit if the proposed cottage food operation, as applied for or as modified, complies with the standards set forth herein. Notwithstanding the foregoing, the planning department, in their discretion may condition approval of the use upon the cottage food operations compliance with any additional reasonable standards related to spacing and concentration, traffic control, or noise which the planning department, in their sole discretion, deems necessary to mitigate the impact of the proposed use on the surrounding residential neighborhood. Within thirty days of receipt of a complete application for a cottage food operation permit, the planning department shall approve or deny the same. The planning department's action shall be in written form and shall contain a brief statement of the facts upon which such determination is based. Not later than five working days following the rendering of such determination, the planning department shall forward a copy of their decision by United States mail, postage prepaid, addressed to the applicant and any other persons requesting a copy of the same. The action of the planning department shall be final and conclusive, unless within the time permitted an appeal is filed appealing the decision of the planning department to the city council.

C.

Standards. Cottage food operations must meet the following requirements:

1.

Spacing and Concentration. No cottage food operation shall be approved if the site of the proposed use is located within three hundred feet of the property line of another cottage food operation.

2.

Traffic Control.

(a)

Parking.

(1)

On-site parking for the residential unit in which the cottage food operation is located shall be maintained free and clear and available for parking and/or deliveries at all times to the extent such parking is necessary to mitigate the cottage food operations impact upon the traffic circulation.

(2)

The cottage food operation shall not result in any appreciable increase in traffic, pedestrian or vehicular.

(b)

Deliveries and Loading. The cottage food operator shall only allow vehicular delivery or loading related to the cottage food operation between the hours of six a.m. and seven p.m.

(c)

The cottage food operator shall not allow any vehicle making a delivery, being loaded, or being used by consumers or third party retailers in relation to the cottage food operation to block or impede the public right-of-way, a vehicular drive aisle, encroach into any required on-site parking space, or idle at any time.

(d)

Sales at the Subject Residence. Cottage food operations engaging in sales to consumers or third party retailers at the residence containing the cottage food operation shall also be subject to the following traffic control standards:

(1)

Visitation to the residence containing the cottage food operation for the purpose of direct or indirect sales is limited to the hours of eight a.m. to seven p.m., Monday through Saturday.

(2)

Visitors shall not be allowed to queue outside of the residence containing the cottage food operation at any time, either on foot or in vehicles.

(3)

There shall be no outdoor sales at any time at the residence containing the cottage food operation.

3.

Noise Control. Cottage food operations shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed in residential property pursuant to the Blythe Municipal Code.

4.

Zoning Standards. The cottage food operation shall conform to all applicable federal, state, and municipal laws and regulations applicable to the residential area in which the cottage food operation is located, including, but not limited to, setbacks, signage, etc.

D.

Approval Revocable. Approval to operate a cottage food operation obtained under this section is revocable at any time by the final approving authority if the business is found to be in non-compliance with any condition of approval or applicable local or state law or regulation governing cottage food operations.

E.

Appeals. Any person aggrieved by the decision of the planning department under this subsection may appeal such decision to the city council by submission to the city clerk, within ten days of the issuance of the planning department's determination, a written request for such appeal. Upon receipt of a timely filed appeal, together with any applicable filing and processing fee, the city clerk shall set the matter for a hearing before the city council at its next most convenient meeting. In acting upon such appeals the city council shall conduct a hearing and shall act upon such application for as cottage food operation permit, in the same manner as is set forth in this code.

(Ord. No. 894, § 2, 10-9-18)

A.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of an enjoinment, be either:

1.

An estate of inheritance or perpetual estate;

2.

An estate for life; or

3.

An estate for years.

B.

"Condominiums" includes "community apartments."

(Ord. 595 § 6.01(A), 1982)

Condominiums and community apartments shall meet the requirements of this chapter and the obtaining of a conditional use permit in accordance with procedures set forth in Chapter 17.68.

(Ord. 595 § 6.01(B), 1982)

Copies of conditions, covenants and restrictions (CC&Rs) that will apply to the proposed development shall be submitted as part of the conditional use permit application and shall include the following provisions:

A.

Insure payment of any invoice by the city for water or sewer service charges, garbage, trash or rubbish charges in such manner that either the board of governors, the condominium owners or the management-agent guarantees payment to the city;

B.

Guarantee access and entry to the development, all buildings and structures for any authorized fire inspector, building official or any other official charged with carrying out the laws of the city, state or federal government;

C.

Insure that each residential unit in the development shall be used as a residence for a single family and for no other purpose;

D.

Insure that no sign of any kind may be displayed advertising any service, business or other commercial project or venture, in any residential condominium or community apartment;

E.

That the names of the officers and members of the board of governors shall be filed annually with the city clerk during the month of July;

F.

A request that traffic regulations be enforced by the city on the private streets (if any) located therein.

(Ord. 595 § 6.01(C), 1982)

The off-street parking requirements for residential condominiums and community apartments shall be the same as required for any residential project in accordance with the zone in which it is located. (See Chapter 17.16.)

(Ord. 595 § 6.01(D), 1982)

A tentative tract map shall be filed as required by state law and the Blythe Subdivision Ordinance, as amended. In addition, a site and building floor plan drawn to scale shall be submitted showing: location of buildings; floor plan of each unit within the buildings; square footage of each unit; location of recreation space, pools and rooms; trash areas; any other amenities within the project; driveways and parking stalls; open space including patios and balconies; and any other pertinent information deemed necessary by the planning director.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.01(E), 1982)

Interior private streets may be permitted within any condominium or community apartment development, but shall have a minimum width of pavement between standard concrete curbs as follows:

A.

Forty feet where parking is permitted on both sides;

B.

Twenty-eight feet where parking is permitted on one side only;

C.

Twenty feet where parking is prohibited on both sides;

D.

Where a private drive serves only garages, and the driveway is posted to prohibit all other parking, the drive may be constructed to the standard twenty-foot alley specification. All private streets shall be irrevocably offered for dedication and may be refused or withheld by the city;

E.

As required by Title 16 of this code for commercial or industrial condominiums when greater than specified in subsections A through D of this section.

(Ord. 595 § 6.01(F), 1982)

A.

This chapter's purpose is to encourage and allow the provision of affordable housing, while preserving the character and integrity of Blythe's residential uses and neighborhoods. This chapter establishes standards for accessory dwelling units (ADUs) in conformance with Government Code Section 65852.2 and junior accessory dwelling units (JADUs) in conformance with Government Code Section 65852.22.

B.

For purposes of this chapter, an existing residential dwelling, or the larger of two proposed units, is considered to be the "primary residence."

C.

In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with state law, the mandatory requirement of state law shall control, but only to the extent legally required.

(Ord. No. 911, § 3, 12-14-21)

A.

Zoning Clearance. ADUs and JADUs consistent with the requirements of this section are allowed by-right with a building permit.

B.

Applications. Applications for ADUs and JADUs shall be ministerially processed within sixty days of receipt of a complete application and approved if they meet the requirements of this chapter.

1.

If the application is submitted in conjunction with an application for a new single-family dwelling, the application for the ADU or JADU shall not be acted upon until the application for the new single-family dwelling is approved, but thereafter shall be ministerially approved if it meets all requirements within sixty days.

2.

The city shall grant a delay if requested by the applicant.

3.

All applications for ADUs and JADUs shall be accompanied by an application fee.

C.

Inspection and Permit Fees. ADUs and JADUs shall be subject to applicable inspection and permit fees.

D.

Public Utilities. All ADUs and JADUs must be connected to public utilities or their equivalent, including water, electric, and sewer services. However, legally compliant well-water and septic services may meet these requirements on a lot with a single-family home if the well-water and septic services would be authorized if the ADU or JADU were a single family home.

E.

Zones of Insufficient Water and Sewer Service. Unless prohibited by law, new ADUs are prohibited if the public works director or designee determines the surrounding residential neighborhood has insufficient water or sewer service. The public works director shall maintain a document detailing the known areas in the city with insufficient water or sewer service. Such document shall be promptly made available to the public upon request. The public works director shall update the document periodically.

F.

Recorded Covenants. The owner of any new ADU or new JADU shall record against the property a covenant in a form that meets the approval of the city attorney, and which establishes the following:

1.

The ADU/JADU shall not be sold separately from the single-family residence, except as authorized by Government Code Section 65852.26;

2.

The ADU/JADU is restricted to the maximum size allowed per the standards set forth in this chapter;

3.

The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for noncompliance with the requirements for an ADU/ JADU;

4.

The ADU/JADU shall not be rented for periods of less than thirty-one days; and

5.

For JADUs, that the owner reside in either the primary unit or the JADU.

(Ord. No. 911, § 3, 12-14-21)

A.

An ADU is permitted on any lot where single- or multiple-family dwellings are a permitted use. An ADU is also allowed on a lot where a single- or multiple-family dwellings are a conditionally permitted use, provided that the lot will contain either a single- or multiple-family dwelling. One or more ADUs are also allowed on any lot with an existing legal non-conforming single- or multiple- family lot in a residential or mixed-use zone if authorized by Government Code Section 65852.2(e).

B.

A JADU is permitted in conjunction with a single-family dwelling in the zones identified in Section 17.08.010 of this code.

(Ord. No. 911, § 3, 12-14-21)

A.

Single-Family Dwelling. On a lot with an existing or proposed single-family dwelling within a residential or mixed-use zone, the following maximum number of ADUs are allowed:

1.

One attached or detached ADU; and

2.

One JADU pursuant to Government Code Section 65852.22.

B.

Multiple-Family Dwelling.

1.

On a lot with an existing multiple family dwelling structure in a residential or mixed-use zone, the following maximum number of dwelling units are allowed:

a.

Not more than two detached ADUs; or

b.

One or more ADUs, within a portion of the existing structure that is not used as habitable space for a total of up to twenty-five percent of the existing units on-site. For example, existing garage, storage room, boiler room, passageway, attic, or basement areas within the multiple-family dwelling structure that are not used as habitable space may be converted to an ADU; or

c.

One ADU described in subsection A, immediately above, and one ADU described in subsection B, immediately above.

2.

On a lot without an existing multiple family dwelling structure, but which is proposed to have one or more such structures, up to two new detached ADUs may be constructed, provided that each ADU does not exceed sixteen feet in height, does not have more than eight hundred square feet in floor area, and complies with all applicable setbacks (including side and rear setbacks of at least four feet). Although such ADUs must be detached from the multiple-family dwelling structure(s), the ADUs need not be detached from each other.

(Ord. No. 911, § 3, 12-14-21)

ADUs and JADUs may not be rented for periods of less than thirty-one days.

(Ord. No. 911, § 3, 12-14-21)

A.

General Standards.

1.

ADUs and JADUs are not included in density calculations, are considered residential uses, and may count as dwelling units for purposes of identifying adequate sites for housing.

2.

ADUs and JADUs must satisfy the requirements of Title 15 of this code (Buildings and Construction) and any other applicable provisions of the California Building Standards Code as each may be amended from time to time. However, fire sprinklers shall not be required if they are not required for the primary residence.

3.

The floor area of an ADU and JADU (either attached or detached) may not be less than the floor area required for an efficiency dwelling unit as provided by Health and Safety Code Section 17958.1(b).

4.

The exterior materials, colors, roof pitch and architecture of an ADU and JADU shall be similar to and compatible with those of the primary unit. However, the planning director may waive some or all of the requirements of this subsection A.4 if the planning director determines that the ADU and JADU are not clearly visible from the public right-of-way and that the cost of complying with the requirements of this subsection A.4 greatly outweigh the public benefits of enforcing these requirements.

B.

Height, and Site Coverage.

1.

ADUs are subject to the same height standards that apply to primary dwellings on the lot in the applicable zoning district.

2.

Provided an ADU complies with the height and ADU setback standards for the zoning district in which it is located, lot coverage standards (See e.g., Section 17.10.015 of this code, "Lot and Building Dimensions") do not apply to an ADU that is proposed to be eight hundred square feet or less.

C.

Relationship to Residential Structures.

1.

An ADU may be within, attached to, or detached from a single- or multiple-family residential structure, except as may be limited herein.

2.

An ADU unit must have kitchen and bathroom facilities that are separate from the primary dwelling.

3.

A JADU must have an efficiency kitchen as defined in Government Code Section 65852.22(a)(6) as it may be amended from time to time. Bathroom facilities may be shared with the primary dwelling.

D.

Maximum Unit Size.

1.

JADU. The floor area of a JADU shall not exceed the maximum of five hundred square feet as allowed by Government Code Section 65852.22 and shall be created within the walls of an existing primary dwelling.

2.

ADU.

a.

Single-Family.

i.

Detached. For lots with a proposed or existing single-family dwelling, a detached ADU shall not have more than one thousand two hundred square feet.

ii.

Attached. An ADU attached to a single-family dwelling shall be no more than the greater of (1) fifty percent of the square footage of the existing single-family dwelling, or; (2) for an ADU with zero to one bedrooms, eight hundred fifty square feet or for an ADU with two or more bedrooms, one thousand square feet.

b.

Multiple-Family, Exterior Construction. For lots with an existing legal multiple-family dwelling structure, an ADU shall not exceed eight hundred square feet.

c.

Interior Conversions. Notwithstanding subsections a and b of this subsection D.2, immediately above, ADUs which are converted from space entirely within lawful existing structures, and ADUs entirely within proposed lawful single-family dwellings, are not subject to a limit on maximum square footage. For ADUs converted from an existing accessory structure, and which ADU is on a lot with a proposed or existing single-family dwelling, up to one hundred fifty square feet may be added to the ADU solely to accommodate ingress and egress.

3.

Existing home designated as ADU. If a lot contains an existing single-family dwelling less than one thousand two hundred square feet in size, the existing single-family dwelling may be designated as an ADU as part of a project to construct a new single-family home on the lot.

E.

Setbacks.

1.

Residential Zones.

a.

Front setback: Per the base zoning standard.

b.

Side setback: Four feet.

c.

Rear setback: Four feet.

d.

Building separation: Detached ADUs must be at least ten feet from any other building on the lot.

2.

Mixed Use Zones. ADUs are subject to the setbacks as provided in the base zoning standard.

3.

Conversion of Existing Accessory Structure. No additional setbacks are required for an existing lawfully constructed structure that is converted to an ADU.

F.

Parking.

1.

In addition to the required parking for the primary unit(s), one parking space shall be provided for an ADU. The required parking space may be provided as:

a.

Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or

b.

Within a setback area or as tandem parking unless the city manager or the city manager's designee determines that parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions.

2.

Notwithstanding the foregoing, no parking space shall be required for an ADU if:

a.

It is located within one-half mile walking distance of public transit such as a bus stop, bus station, train station, etc.;

b.

It is located within an architecturally and historically significant district;

c.

It is part of a proposed or existing primary residence or accessory structure;

d.

When on-street parking permits are required but not offered to the occupant of the ADU; or

e.

Where there is a car share vehicle located within one block of the ADU.

3.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted into an ADU, those off-street parking spaces need not be replaced.

4.

No additional parking shall be required for JADUs.

G.

Nonconformities. Approval of ADUs and JADUs shall not be conditioned on correction of nonconforming zoning conditions.

(Ord. No. 911, § 3, 12-14-21)

Notwithstanding any other provision of this chapter to the contrary, an ADU or JADU may be constructed if required by Government Code Sections 65852.2 or 65852.22 as either section may be amended from time to time.

(Ord. No. 911, § 3, 12-14-21)

For purposes of this chapter, the following definitions shall apply:

A.

"Housing development" shall mean no more than two residential units within a single-family residential zone that meets the requirements of this section. The two units may consist of two new units or one new unit and one existing unit.

B.

"Single-family residential zone" shall mean the specific plan resort (SPR), rural residential (RR), agriculture (A), residential estates (R-E), and low density residential (R-L-1, R-L-72, R-L-1-72) zones.

(Ord. No. 913, § 2, 12-14-21)

The city shall ministerially approve a housing development containing no more than two residential units if it meets the following requirements:

A.

The parcel is located within a single-family residential zone.

B.

The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.

C.

The parcel is not located in any of the following areas and does not fall within any of the following categories:

1.

A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

2.

Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B).

3.

A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

4.

A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.

5.

A special flood hazard area subject to inundation by the one-percent annual chance flood (one hundred-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

a.

The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

b.

The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).

6.

A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

7.

Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I).

8.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

9.

Lands under a conservation easement.

D.

The proposed housing development would not require demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

2.

A parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date of the application; or

3.

Housing that has been occupied by a tenant in the last three years.

E.

Unless demolition is prohibited pursuant to section D above, demolition of an existing unit shall not exceed more than twenty-five percent of the existing exterior structural walls.

(Ord. No. 913, § 2, 12-14-21)

The following requirements shall apply in addition to all other objective standards pertaining to the single-family residential zone:

A.

No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

B.

Except for those circumstances described in section A. above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the applicable single-family residential zone.

C.

The applicant shall provide easements for the provision of public services and facilities as required.

D.

Where the street frontage of a lot (or the combined street frontage of the two lots created through an urban lot split) is less than seventy-five feet, all units on the lot (or all units on both lots created through an urban lot split) shall share and take vehicular access from the same drive approach and driveway, which shall have a minimum street frontage of ten feet to provide for vehicular access.

E.

The applicant shall provide appropriate easements for the provision of pedestrian and/or vehicular access as required.

F.

Off-street parking shall be limited to one space per unit, except that no parking requirements shall be imposed if the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3.

G.

For residential units connected to an onsite wastewater treatment system (septic tank), the applicant shall provide a percolation test completed within the last five years, or if the percolation test has been recertified, within the last ten years, which shows that the system meets acceptable infiltration rates.

(Ord. No. 913, § 2, 12-14-21)

The city shall not require or deny an application based on any of the following:

A.

The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than eight hundred square feet.

B.

The city shall not deny an application solely because it proposes adjacent or connected structure provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.

(Ord. No. 913, § 2, 12-14-21)

An applicant for a housing development shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:

A.

That the uses shall be limited to residential uses.

B.

That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one days.

C.

That the maximum number of units to be allowed on the parcels is two, including, but not limited to, units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to this section.

(Ord. No. 913, § 2, 12-14-21)

The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 913, § 2, 12-14-21)

The provisions of this section supersede any contrary provisions in the Blythe Municipal Code to the contrary.

(Ord. No. 913, § 2, 12-14-21)

Within the districts established by this title or amendments that may later be adopted there exist lots, structures, including buildings or parts of buildings, uses of land and structures, and characteristics of use which existed before the ordinance codified in this title was adopted or amended, but which would be prohibited, regulated or restricted under the terms or this title. It is the intent of this chapter to permit these nonconformities to continue insofar as they are otherwise lawful, until they are removed or otherwise set out in this chapter. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited in the same district.

(Ord. 638 § 10 (part), 1988: Ord. 595 § 6.02(A), 1982)

As used in this chapter:

A.

"Nonconforming lot" means a legal lot as defined in Chapter 17.04 which does not conform to the regulations contained in this title.

B.

"Nonconforming structure or building" means a building or portion thereof or a structure existing at the time the ordinance codified in this title was adopted and which was designed, erected or structurally altered for a use which does not conform to uses permitted in the zone in which it is located or which does not comply with development standards applicable in the zone in which it is located, but is otherwise lawful.

C.

"Nonconforming use" means a use of a structure, building or land existing on October 12, 1982 which does not conform to the regulations for the zone in which it is located, but which is otherwise lawful.

(Ord. 595 § 6.02(B), 1982)

Where lawful use of land exists which would not be permitted by the regulations imposed by this title, and where such use involves no individual structure with a replacement cost exceeding five thousand dollars, the use may be continued so long as it remains otherwise lawful, provided:

A.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied on October 12, 1982.

B.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the date of adoption or amendment of the ordinance codified in this title.

C.

If any such nonconforming use of land ceases for any reason for a period of more than thirty days, any subsequent use of such land shall conform to the regulations specified for the zone in which such land is located.

(Ord. 595 § 6.02(C), 1982)

If a lawful use involving individual structures including buildings or parts of buildings with a replacement cost of five thousand dollars or more, or of structures and premises in combination, exists that would not be allowed in the zone under the terms of this title, the use may be continued so long as it is otherwise lawful, subject to the following provisions:

A.

No existing structure or building devoted to a use not permitted in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

B.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on October 12, 1982, but no such use shall be extended to occupy any land outside such building.

C.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone, and the nonconforming use may not thereafter be resumed.

D.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for one year, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the zone in which it is located.

(Ord. 625 § 1, 1986; Ord. 601 § 1, 1984; Ord. 595 § 6.02(D), 1982)

Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding or continued use of any nonconforming building or structure, damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, subsequent to the effective date of the ordinance codified in this chapter wherein the expense of such reconstruction does not exceed the fair market value of the structure at the time such damage occurred, provided, however said construction must be commenced (commencement of construction being defined as issuance of a building permit within two years thereafter and completed within one year after issuance of said building permit.

(Ord. 625 § 2, 1986)

A.

On any nonconforming structure, building or portion of a structure or building containing a nonconforming use, work may be done to carry out ordinary repairs, or repair or replacement of walls, fixtures, wiring or plumbing, to the extent that the cubic content existing when it became nonconforming shall not be increased.

B.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

C.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official, when such order is made, a conditional use permit may subsequently be granted to permit a use to continue which would otherwise become unlawful under other provisions of this section.

(Ord. 638 § 10 (part), 1988: Ord. 595 § 6.02(E), 1982)

Where uses exist where the requirements for landscaping and concrete pads for trash sites in commercial and industrial zones, screening and street improvements in residential zones, parking in all zones, and other such requirements, at the time of the enactment of this section, those uses may continue without adherence to the requirements until such time as the use is intensified or when the cost of repairs or alterations equals or exceeds fifty percent of the assessed valuation of the structure (as set forth in the latest county assessment roll). Permits for partial work shall not negate this provision. All costs shall be cumulative for five years.

(Ord. 638 § 10 (part), 1988)

A nonconforming use of structure or land shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

(Ord. 595 § 6.02(F), 1982)

All regulations, including development and performance standards and special provisions of this title, shall apply under a specific plan or planned development zone unless specifically varied as shown on the drawings and in statements approved by the city council when adopting or amending a specific plan or planned development zone.

(Ord. 595 § 6.03(F), 1982)

A fee shall be required as specified by resolution of the city council.

(Ord. 595 § 6.03(G), 1982)

Specific plans, and amendments thereto, shall be adopted in accordance with the provisions of Section 65450 et seq. of the Government Code, as written as of October 12, 1982 or thereafter amended, and this chapter. Any specific plan may be set for hearing upon order of the city council.

(Ord. 595 § 6.03(A), 1982)

A specific plan is intended to be an expansion of the Blythe General Plan and to permit flexible application on parcels of land generally exceeding fifteen acres of the use classifications, uses, standards and other regulations of this title in satisfaction of the policies of the general plan. In adopting a specific plan, the city council may require that uses conform to the site plan, architectural drawings or statements submitted in support of an application, or such modification thereof as the city council may deem necessary to protect the public health, safety and general welfare and secure the policies of the general plan.

(Ord. 595 § 6.03(B), 1982)

The owner or authorized agent of the owner shall have the right to request that the city consider a specific plan of land use for his real property. The right to request consideration of a specific plan does not imply that the plan will be approved. The city council may initiate preparation of a specific plan.

(Ord. 595 § 6.03(C)(1), 1982)

An application for a specific plan shall not be set for public hearing until all procedures to implement the California Environmental Quality Act of 1970, including the preparation of an environmental impact report, if required, have been completed.

(Ord. 595 § 6.03(C)(2), 1982)

Applications shall be made to the planning director, who shall follow procedures required for amendment to the zoning ordinance by Chapter 17.66. A fee shall be required as specified by the city council by resolution. The applicant shall supply all required information, which may include part or all of the following, depending on the nature of the plan, and shall be in the form of a text and accompanying maps, plans and exhibits:

A.

A preliminary development plan of the entire proposed development, drawn to scale, showing: land uses, density, lot design, traffic circulation, street design, private roadways, pedestrian circulation, estimated population, reservations and dedications for public uses, including schools, parks, playgrounds and open spaces, and major landscaping features. All elements and amounts to be listed shall be characterized as existing or proposed, including topography, and shall be shown only in such detail as is necessary to indicate clearly the intent or impact of development;

B.

A tabulation of land area to be devoted to various uses, including open spaces, and a calculation of the overall density and the average densities per net residential acre of the various residential areas proposed;

C.

A stage development schedule showing various units of development through completion and indicating the areas and sizes of such development phases;

D.

A statement and graphics describing the existing topography, vegetation, soil conditions and drainage of the proposed development;

E.

A statement proposing the method of maintaining and perpetuating common open areas and facilities;

F.

A description of the proposed grading program;

G.

Identification of proposed future ownership and maintenance of all streets, driveways, sidewalks, pedestrian ways, open space areas, recreation spaces, structures and facilities;

H.

Proposed use of natural features such as ponds, lakes, river beds and floodplains;

I.

Design and acreage of any golf courses and other open space features, their intended means of maintenance and whether to be public or private or semiprivate;

J.

A statement of solid waste disposal and utility service;

K.

Such additional information as may be required for a particular project.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.03(C)(3), 1982)

Whenever an application is filed which includes a specific plan for commercial or industrial uses, the application shall include the following additional information:

A.

Proposed form of ownership and related application, if required;

B.

Description of basic types of uses, including their ultimate range of square footage;

C.

Market analysis;

D.

Traffic analysis;

E.

Where applicable, an analysis of the availability of employees and employee housing necessary for the proposed development;

F.

Architectural design criteria for proposed centers or a perspective rendering depicting the basic architectural theme of the project.

(Ord. 595 § 6.03(C)(4), 1982)

The planned development zone is intended to implement the policies of the Blythe General Plan by permitting flexible application on a parcel of land of one acre or larger of the use classifications, uses, standards and other regulations of this title in satisfaction of the policies of the general plan. The planned development zone shall be applied to specific properties and shown on the official zoning map in the same manner as for any other zone.

(Ord. 595 § 6.03(D), 1982)

The planned development features of the P-D zone shall be initiated by the filing of an application for a conditional use permit at the discretion of the owners or the authorized agent of owners of parcels of property for which the permit is requested. The conditional use permit shall be processed in accordance with the requirements of Chapter 17.68 and this chapter. Applications may be required by the planning director to contain all of the information listed in Sections 17.36.050 through 17.36.080.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.03(E) (part), 1982)

When the P-D zone is applied to properties as an amendment to the official zoning map and for those portions of the properties on which no conditional use permit is in effect, uses permitted shall be the same as those permitted under the R-M-L zone, subject to all regulations applicable in the R-M-L zone. The city council may substitute another zone for the R-M-L zone at the time the P-D zone is applied to property. A suffix shall then be added to the P-D symbol which shall be the symbol of the zone so designated by the city council. When a conditional use permit is in effect and has not lapsed or been revoked, properties shall be developed only in accordance with the provisions of such permit.

(Ord. 595 § 6.03(E) (part), 1982)

It is the purpose of this chapter to, where approved, allow the placement of mobile homes or manufactured housing on individual lots. The mobile home or manufactured housing would have to conform with the minimum lot size and setbacks for the zone in which it is located and, in addition, meet the criteria set forth in this chapter. This chapter is based on the city council's concern over the increasing cost of housing and the need to increase the supply and variety of house types available to the public. This title also allows mobile home or manufactured housing subdivisions in the same manner as residential subdivisions.

(Ord. 638 § 11 (part), 1988; Ord. 595 § 6.04(A), 1982)

It is the intent of this chapter that all requirements applicable to single-family residence construction be enforced in this chapter.

(Ord. 595 § 6.04(B), 1982)

A mobile home or manufactured housing unit which has been placed on a foundation system pursuant to this chapter shall be deemed to be a mobile home or manufactured housing and subject to local property taxation pursuant to provisions of the California Health and Safety Code and the Revenue and Taxation Code.

(Ord. 638 § 11 (part), 1988; Ord. 595 § 6.04(C), 1982)

A mobile home or manufactured housing on a foundation system on a private lot is permitted upon approval of the planning director.

(Ord. 638 § 11 (part), 1988; Ord. 630 § 3 (part), 1987; Ord. 595 § 6.04(D), 1982)

A mobile home shall not be located on a permanent foundation on a private lot unless it:

A.

Was constructed after July 1, 1976 and was issued an insignia of approval by the U.S. Department of Housing and Urban Development; and

B.

Has not been altered in violation of applicable codes.

(Ord. 638 § 11 (part), 1988; Ord. 595 § 6.04(E), 1982)

Mobile homes or manufactured housing located on a foundation system on a private lot shall:

A.

Be occupied as a residential use type;

B.

Be subject to all provisions of this title applicable to residential structures;

C.

Meet all requirements for the zone in which they locate;

D.

Be attached to a foundation system in compliance with all applicable building regulations, and Section 18551 of the California Health and Safety Code;

E.

Have a minimum width of twenty feet except in those areas zoned R-M-L/C-M-O which have twenty-five foot lots as recorded prior to August 8, 1989, where the minimum width shall be fourteen feet. All units shall meet the setback, landscaping, minimum square footage, and parking requirements of this title;

F.

Be covered with an exterior material customarily used on conventional dwellings and approved by the planning director. The exterior covering material shall extend to the ground, except that when solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation;

G.

Have a roof which consists of shingles or other materials compatible with the surrounding neighborhood;

H.

The mobile home or manufactured housing may be required to have porches and eaves, or roofs with eaves, when, in the opinion of the planning director, this is necessary to achieve compatibility with other dwellings in the neighborhood.

(Ord. 679 § 3, 1992; Ord. 659 § 2, 1989; Ord. 638 § 11 (part), 1988; Ord. 630 § 3 (part), 1987; Ord. 595 § 6.04(F), 1982)

Modification of a criterion set forth in Section 17.38.060 may be granted by the planning director if he finds that such modification will not be detrimental to the public interest or surrounding residences or properties. No modification may be granted from subsections A through E of Section 17.38.060.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.04(G), 1982)

Prior to installation of the mobile home or manufactured housing on a permanent foundation system, the mobile home or manufactured housing owner or a licensed contractor shall obtain a building permit from the director of public works. To obtain such a permit, the owner or contractor shall comply with all requirements of the California Health and Safety Code.

(Ord. 638 § 11 (part), 1988; Ord. 595 § 6.04(H) (part), 1982)

Subsequent to the granting of the required building permits, and prior to occupancy, a certificate of occupancy shall be issued pursuant to Section 18551 of the California Health and Safety Code and Chapter 17.80 of this title. Thereafter, any vehicle license plate with a certificate of ownership and certificate of registration by a state agency is to be surrendered to the appropriate agencies. Any mobile home vehicle or manufactured housing unit which is permanently attached with underpinning or foundation to the ground must bear a California insignia or federal label pursuant to the requirements of the Health and Safety Code.

(Ord. 638 § 11 (part), 1988; Ord. 595 § 6.04 (H) (part), 1982)

Manufactured housing parks shall be permitted with a valid conditional use permit in zones designated in this title for such use. (See Chapter 17.08.) All regulations and standards of the zone in which the manufactured housing park is located shall apply unless modified by the conditions of the permit and the minimum standards specified in this chapter.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(A), 1982)

Manufactured housing parks approved pursuant to the provisions of this title shall comply with the minimum standards set out through Section 17.40.270 except where the city council finds that the size, shape or location of the land, topographic conditions or other factors make strict compliance therewith impractical.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B) (part), 1982)

The minimum area that may be developed as a manufactured housing park shall be five acres, excluding public streets.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05 (B)(1), 1982)

A.

Where a property across any public street or highway from a manufactured housing park is zoned in a residential zone, the manufactured housing park shall have the same setback as the residential zone. In all other zones, this setback may be reduced to ten feet. On all other property lines, the manufactured housing shall observe a five-foot minimum setback.

B.

No manufactured housing unit or structure other than fences and walls may occupy the ten-foot front yard, the five-foot side yard and five-foot rear-yard setbacks established in this section for the manufactured housing park.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(2), 1982)

A plot plan drawn to scale shall be submitted with an application for a conditional use permit for a manufactured housing park showing the proposed development and improvements:

A.

For manufactured housing parks up to ten acres, the scale shall be one inch equals thirty feet. On larger than ten acres the scale may be one inch equals fifty feet.

B.

A vicinity map showing the general location shall be included on the plot plan.

C.

A typical manufactured housing space showing slab, parking area, trailer location and all dimensions at one inch equals twenty feet or one inch equals six feet scale shall be included on the plot plan.

D.

North arrow, property dimensions, access street, adjoining property lines, side yard dimensions and all easements shall be shown.

E.

A typical interior street cross-section shall be shown on the plot plan. Proposed street grades shall be shown on the plot plan.

F.

A drainage plan shall be shown on the plot plan. This shall include a plan to control both on-site and off-site storm water runoff through the manufactured housing park.

G.

Existing contours shall be shown.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(3), 1982)

Improvements in a manufactured housing park shall conform to the minimum standards set out through Section 17.40.160.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(4) (part), 1982)

A paved space for two cars shall be provided for each manufactured housing site not less than nine feet by forty feet in size.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(4)(a), 1982)

A.

Streets shall be paved with a minimum of two and one-half inches of plant-mix or road-mix surfacing to a minimum width of twenty-five feet and parking shall not be permitted on the street. Roll curbs shall be installed.

B.

Minimum radii on street curves shall be not less than twenty feet; cul-de-sac radii shall not be less than thirty feet.

(Ord. 595 § 6.05(B)(4)(b), 1982)

A concrete slab not less than eight feet by twenty feet in size shall be provided for each manufactured housing site. A wooden porch or deck may be constructed adjacent to the manufactured housing unit in lieu of a concrete slab, which shall be not less than eight feet by twenty feet in size, and shall meet the structural and safety requirements of the director of public works.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(4)(c), 1982)

Off-street visitor parking shall be provided at the recreation area at the rate of one parking space for each ten manufactured housing sites.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05 (B)(4)(d), 1982)

Highway access shall be safe and convenient and designed in accordance with accepted traffic engineering standards. The number of access points to one street shall be limited to two.

(Ord. 595 § 6.05(B)(4)(e), 1982)

Paving and parking spaces, whenever required by these standards or the conditions of approval, shall consist of two and one-half inches of plant-mix asphalt material on a proper sub-base. Edges shall be formed with two-and-one-half-inch redwood lumber.

(Ord. 595 § 6.05(B)(4)(f), 1982)

Lighting shall be designed and maintained so as not to shine or be reflected beyond the park boundaries.

(Ord. 595 § 6.05(B)(4)(g), 1982)

Sanitary facilities, sewage disposal and the domestic water system shall be designed as approved by the director of public works.

(Ord. 595 § 6.05(B)(4)(h), 1982)

Laundry facilities (including drying yard) shall be located at the rear or interior of the park and shall be screened from view.

(Ord. 595 § 6.05(B)(4)(i), 1982)

Rubbish and garbage disposal shall be handled by closed bins of specifications as prescribed by the director of public works and located on cemented areas which shall be situated at the rear or interior of the manufactured housing park.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05 (B)(4)(j), 1982)

Recreation areas of not less than five percent of the total area of the park shall be provided. Recreational facilities shall be located in the interior of the park rather than at the boundaries and shall be properly maintained at all times.

(Ord. 595 § 6.05(B)(5), 1982)

Walls or fences shall be installed as follows: The manufactured housing park boundary shall have installed a forty-two-inch solid wall along all boundary lines except as hereinafter provided. Such wall shall be constructed in such a manner as to facilitate the natural drainage flow. Wherever the boundary line abuts or is adjacent to a Palo Verde Irrigation District canal or ditch, then the fence shall be chain link fence not less than six feet in height. Should any boundary line abut or be adjacent to any area of the city in a residential zone, then such solid wall in the front yard may be located in accordance with a design approved by the planning director.

(Ord. 638 § 13, 1988: Ord. 630 § 3, 1987; Ord. 595 § 6.05(B)(6), 1982)

Public address systems, if installed, shall be designed and operated so that sounds therefrom are not carried beyond the park boundaries.

(Ord. 595 § 6.05(B)(7), 1982)

All utility services shall be installed underground and according to plans and specifications approved by the director of public works.

(Ord. 595 § 6.05(B)(8), 1982)

Shade trees and landscaping are required in manufactured housing parks.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(9)(a), 1982)

A metal storage facility is required for each manufactured housing unit, having minimum dimensions of not less than five feet by seven feet and installed on a concrete slab.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(9)(b), 1982)

Skirting is required for each manufactured housing unit, with adequate ventilation provided.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(9)(c), 1982)

Adequate lighting illuminating streets, driveways, recreational and service areas is required in manufactured housing parks.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(9)(d), 1982)

Fire hydrants of a type approved by the city fire marshal shall be installed at such locations in the manufactured housing park as he designates.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(9)(e), 1982)

The following additional facilities are recommended but not required in manufactured housing parks:

A.

Screening between trailer ports;

B.

Public telephone;

C.

Adult recreation facilities;

D.

Fencing around open recreation areas.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(10), 1982)

Manufactured housing units and accessory structures shall not be located closer than six feet to another manufactured housing unit or other building or accessory structure.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(11), 1982)

A manufactured housing condominium may not be developed nor a manufactured housing park converted to a condominium unless such condominium meets all requirements of Chapter 17.32, Condominiums and Community Apartments, and Chapter 17.38, Mobile Homes or Manufactured Housing on Residential Lots.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(C), 1982)

A manufactured housing unit not on a foundation outside a manufactured housing park may not be used as living quarters unless a temporary permit for such use has been issued by the planning director in accordance with Chapter 17.72. Such a permit may be issued at construction sites, for watchmen in industrial areas, and under unique circumstances when denial of such a permit would cause severe hardship.

(Ord. 638 § 12 (part) 1988; Ord. 630 § 3 (part), 1987; Ord. 595 § 6.05(D), 1982)

Recreational vehicle parks approved pursuant to the provisions of this title shall comply with the minimum standards set out in this chapter, except where the city council finds that the size, shape or location of the land, topographic conditions or other factors make strict compliance therewith impractical.

(Ord. 638 § 14 (part), 1988)

Each parcel of land used for a recreational vehicle park shall have a minimum of three acres.

(Ord. 638 § 14 (part), 1988)

A.

Width: each recreational vehicle space shall have a minimum width of twenty-five feet.

B.

Depth: each recreational vehicle space shall have a minimum depth of forty feet; provided, however, that any space within the park which is to accommodate an RV unit greater than thirty-two feet in length, the minimum space depth shall be increased to forty-eight feet.

C.

Separation: the minimum spacings between any two recreational vehicles shall be ten feet. The minimum spacing between any two buildings or covered structures shall be ten feet.

D.

Setback: the minimum setback for the recreational vehicle unit space to the edge of any private street shall be five feet.

(Ord. 638 § 14 (part), 1988)

No principal building shall exceed two stories in height and no accessory building shall exceed fifteen feet in height.

(Ord. 638 § 14 (part), 1988)

Park roadways shall have a minimum width of twenty-four feet between curbs. The entrance street shall be paved with asphaltic concrete or equivalent and landscaped. The interior streets shall be of dust-free material as approved by the city. The radii of curves shall be as per adopted city standards. Curbs may be of a flat or rolled design or other design approved by the planning director as appropriate for recreational vehicle parks.

(Ord. 638 § 14 (part), 1988)

One parking space shall be provided for each recreational vehicle space. Parking spaces shall be paved or shall be constructed of treated gravel edged with two inch by six inch redwood.

(Ord. 638 § 14 (part), 1988)

Adequate lighting shall be provided for all park roadways, walks and service facilities.

(Ord. 638 § 14 (part), 1988)

Proper surface storm drainage will be provided and the drainage plan will be approved by the planning director and city engineer.

(Ord. 638 § 14 (part), 1988)

In addition to the space devoted to individual recreation on individual spaces, there shall be provided a developed area, or areas, devoted to recreational and service purposes consisting of at least ten percent of the gross park area, and will be provided and maintained by the park operator. Swimming pools are encouraged.

(Ord. 638 § 14 (part), 1988)

Electricity, city water and city sewer shall be provided for at least fifty percent of the recreational spaces. Partial or limited utilities may be provided in some spaces. No aboveground utility lines shall be permitted. Water mains and fire hydrants and necessary easements shall be built to city standards and dedicated to the city. Sewer facilities shall be owned and maintained by the park owner. Approved fire hydrants shall be located per adopted city standards.

(Ord. 638 § 14 (part), 1988)

Sanitary facilities including showers shall be provided. These shall conform to state and county health regulations.

(Ord. 638 § 14 (part), 1988)

Sanitary dump stations designed to receive the discharge of sewage holding tanks of self-contained vehicles shall be installed in an accessible location in every recreation vehicle park. Sanitary dump stations shall be designed and constructed as required by provisions of the California Administrative Code.

(Ord. 638 § 14 (part), 1988)

Recreational vehicle parks shall be screened from surrounding areas by the use of fences, walls or landscaping or the combination of same. Each park shall be enclosed by fence or wall. Each park shall have a landscaping plan which shall be approved by the planning director.

(Ord. 638 § 14 (part), 1988)

No recreation vehicle space may be rented, leased or sold for transient occupancy unless such space is within a recreational vehicle park or campground approved in accordance with this chapter. There shall be no permanent occupancy of recreational vehicle parks or campgrounds except for one residence for operator/employee of the park. Such residence may be a manufactured housing unit located according to adopted codes of the city.

(Ord. 638 § 14 (part), 1988)

Mobile homes not on foundations shall not be used as a place of human habitation other than in a mobile home park except as a watchman's quarters during the construction of a building and pursuant to the issuance of a temporary use permit under the provisions of Chapter 17.72.

(Ord. 601 § 3 (part), 1984: Ord. 595 § 6.07(A), 1982)

Mobile office units not on foundations may be temporarily used in the commercial, industrial and appropriate P-D zones pursuant to the granting of a temporary use permit in accordance with Chapter 17.72 by the city council. The following conditions must be satisfied before a temporary use permit can be granted:

A.

The proposed use for the mobile unit shall be permitted in the zone in which it is to be located.

B.

All requirements of this title for development in the zone in which the mobile unit is to be placed shall be satisfied.

C.

The mobile unit shall be compatible in appearance with surrounding structures and improvements.

(Ord. 595 § 6.07(B), 1982)

The provisions of this title shall not be construed as to limit or interfere with the construction, installation, operation and maintenance of any use coming under the jurisdiction of the public utilities commission, which uses are related to public utility purposes, of water and gas pipes, mains and conduits, electric light and power transmission and distribution lines, telegraph and telephone lines, sewers and sewer mains and incidental appurtenances. The location of such lines, mains and conduits shall be subject to city council review and approval.

(Ord. 595 § 6.08, 1982)

The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to:

A.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

B.

Encourage the location of towers in non-residential areas;

C.

Minimize the total number of towers throughout the community;

D.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

E.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, now and in the future;

F.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

G.

Development of an orderly handling procedure to accommodate the growing need for commercial communications towers;

H.

Enhance the ability of the providers of telecommunications service to provide such services to the community quickly, effectively and efficiently;

I.

Consider the public health and safety and welfare of the community in the siting of communications towers; and

J.

To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

In furtherance of these goals, the city shall give due consideration to the city of Blythe general plan, zoning map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

(Ord. 783 § 1 (part), 2003)

This section applies to all wireless communications facilities existing and proposed to be located within the corporate limits of the city, as defined in Section 17.47.030. Including personal wireless services as defined by the Telecommunications Act ("TCA") and licensed by the Federal Communications Commission ("FCC"), including, but not limited to, the types commonly known as cellular, personal communications services ("PCS"), specialized mobile radio ("SMR"), enhanced specialized mobile radio ("ESMR"), paging, land based repeaters for satellite broadcast services, micro-cell antennas and similar systems which exist now or may be developed in the future and exhibit technological characteristics similar to them. This chapter shall also apply to wireless communication facilities within public rights-of-way except as prohibited by state and federal law.

(Ord. 783 § 1 (part), 2003)

For the purposes of this section, the following definitions apply. These definitions shall be adapted to the context for appropriate grammatical tense, number, case and gender.

A.

"Accessory structure" means a building, part of building or structure which is subordinate to, and the use of which is incidental to, that of the main building, structure or use of the same lot.

B.

"Alternative tower structure" means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

C.

"Ancillary structures" means any structure or device used to contain ancillary equipment for a wireless communications facility, such as cabinets, shelters, and additions to existing structures, pedestals and other devices serving similar purposes. Typically, it may include an air conditioning unit, a heating unit, electrical supply, telephone hookup and back-up power supply and may include any service roads or other access accommodations used to service the facility.

D.

"Antenna" means any exterior transmitting or receiving device mounted on a tower, building structure or alternative tower structure, and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

E.

"Antenna structure" refers collectively to an antenna and its supporting mast, if any.

F.

"Array antenna" means an antenna consisting of two or more radiating elements, generally similar, which are arranged and excited in such a manner as to obtain directional radiation patterns. It includes any structural members which are necessary to maintain the proper electrical relationships between the radiating elements, but does not include the mast or other structure used to support the array as a whole, nor does it include the transmission line which supplies energy to or receives energy from the array as a whole.

G.

"Backhauls network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

H.

"Broadcast receiving antenna" means an outside antenna used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the radio broadcast services, including AM, FM and TV.

I.

"Building inspector" means the development services director of the city, or any of the directors authorized representatives.

J.

"Corporate limits" means all properties currently existing within the city limits, as well as all properties annexed into the city limits at any point in the future.

K.

"Collinear antenna" means a linear array in which the radiating elements are disposed end-to-end in a substantially straight vertical line.

L.

"Co-location" means the use of a common wireless communications facility or common site by two or more service providers, or use by one applicant/permittee of a single site for two or more technologies. It is also called "site sharing."

M.

"Commercial communications antenna" means a telecommunications antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC). The commercial communication antenna shall not include amateur radio operators' equipment, as licensed by the FCC, or home satellite/television antennas.

N.

"Coverage map" means a map or maps showing the realistically forecasted service area of the facility at a given height and strength.

O.

"Current" means at the time building permit application is made.

P.

"Development services director" means the city's development services director or his or her designee.

Q.

"Dipole" means a driven element in the form of a conductor approximately one-half wavelength long, split at its electrical center for connection to the transmission line feeding the antenna.

R.

"Director" means the city's development services director or his or her designee.

S.

"Director element" means a parasitic element located forward of the driven element of an antenna, intended to increase the directive gain of the antenna in the forward direction.

T.

Dish antenna. See "parabolic antenna."

U.

"Driven element" means a radiating element coupled directly to the transmission line feeding the antenna.

V.

"FAA" means the Federal Aviation Administration.

W.

"Facility" means any component of the wireless communication installation including any towers, antennae and antenna array.

X.

"FCC" means the Federal Communications Commission.

Y.

"Height" means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel on which the structure is located, to the highest point on the tower or other structure, including the base pad and any antenna.

Z.

"Improvement plan(s)" means on and off-site construction drawings.

AA.

"Inverted-V antenna" means an antenna consisting of a singular dipole constructed of wire and supported at the center and ends in such a manner as to form an inverted "V" in a vertical plane.

BB.

"Leasehold area" means that portion of a lot leased by the applicant/developer. See "site."

CC.

"Linear array" means an array antenna having the centers of the radiating elements lying along a straight line.

DD.

"Lot" means a parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act; or, a parcel of real property, the dimensions and boundaries of which ate defined as a single lot by a lawfully recorded record of survey map. See "site."

EE.

"Mast" means a pole of wood or metal, or a tower fabricated of metal, used to support a broadcast receiving antenna or a communications antenna and maintain it at the proper elevation.

FF.

"Modification" means the addition of structures or equipment to a previously approved installation. The term does not include replacement of existing equipment or structures, provided the replacement equipment or structure is substantially similar to the pre-existing equipment or structure, and creates no new impacts not addressed in connection with the previous approval.

GG.

"Parabolic antenna" means an antenna consisting of a driven element and a reflector element, the latter having the shape of portion of a paraboloid or revolution.

HH.

"Parasitic element" means a radiating element which is not directly coupled to the transmission line feeding the antenna. It includes director elements and reflector elements.

II.

"PCS" means personal communications service, as defined in the Telecommunications Act and Federal Communications Commission regulations.

JJ.

"Preexisting towers" and "preexisting antennas" means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

KK.

Propagations study. See "coverage map."

LL.

"Radiating element" means a basic subdivision of an antenna which in itself is capable of effectively radiating or receiving radio waves. It includes driven elements and parasitic elements.

MM.

"Reflector element" means a parasitic element located in a direction other than forward of the driven element of an antenna, intended to increase the directive gain of the antenna in the forward direction.

NN.

"Site" means the area of the lot to be developed. See "leasehold area."

OO.

"Stealth" means intended to escape observation. See "alternative tower structure."

PP.

"Stealth facility" means a facility designed to visually and operationally blend into the existing natural environment in a manner compatible with local community character. See "alternative tower structure."

QQ.

"TCA" means the Telecommunications Act of 1996.

RR.

"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

SS.

"Whip antenna" means an antenna consisting of a single, slender, rod-like driven element which is supported only at its base and is fed at or near its base. It may include at its base a group of conductors disposed horizontally, or substantially so, forming an artificial ground-plane.

TT.

"Wireless communications" means any electronic wireless services as defined by the TCA and/or licensed by the Federal Communications Commission, including, but not limited to, the types commonly known as cellular, personal communications services ("PCS"), specialized mobile radio ("SMR"), enhanced specialized mobile radio ("ESMR"), paging, ground based repeaters for satellite radio services, micro-cell antennae and similar systems which exist now or may be developed in the future and exhibit technological characteristics similar to them. Failure to describe any electronic service shall not act as a limitation to these definitions.

UU.

"Yagi antenna" means a linear array in which the radiating elements are parallel to each other and are disposed along and perpendicular to a single supporting boom. The plane of the radiating elements may be vertical or horizontal.

(Ord. 783 § 1 (part), 2003)

A.

Principal or Accessory Use. A different use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

B.

Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the development services director an inventory of its existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height and design of each tower. The director may share such information with other applicants applying for administrative, plot plan or conditional use permit approval under this section or other organizations seeking to locate antennas within the jurisdiction of the city, provided, however, that the director is not, by sharing such information, in any way representing the accuracy of the information or warranting that such sites are available or suitable.

C.

State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for nullification of the conditional use permit or other city approval.

D.

Building Codes—Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

E.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

F.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises, if any, required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the development services director prior to final building inspection.

G.

Public Notice. For purposes of this section, any conditional use request, plot plan request, variance request or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Sections 17.47.080(D) and 17.47.090(D), in addition to any notice otherwise required by this code, California Environmental Quality Act, or California Government Code.

H.

Signs. Commercial communications towers and antennas or ancillary structures representing religious, cultural, commercial or other symbols, signs or statuary shall be prohibited. Such facilities shall not bear any signs or advert sign devices other than those required by federal regulations or other applicable law.

I.

RF Emissions. The city requires the same information submitted to the FCC regarding radio frequency (RF) emissions with any application to establish a new or expand an existing communications facility. If the application pertains to co-location, or to an additional facility on a parcel, a cumulative emissions report for the site is required. The city requires the information pursuant to its responsibility under the California Environmental Quality Act (CEQA), to determine cumulative environmental impacts for all permitted projects.

In addition to any information required for applications for conditional use permits, plot plans, project review committee or building permits, applicants shall submit the following:

A.

The setback distance between the proposed tower and the nearest residential unit and/or residentially zoned property;

B.

The separation distance from any other existing or proposed tower(s) within a one thousand foot radius;

C.

A realistic visual impact analysis with photo simulation of the proposed facility;

D.

Elevations drawn to scale showing all sides of any proposed buildings and structures;

E.

Proof that the location and design of the proposed antenna is approved by the FAA or local airport authority, if such approval is required;

F.

A description of the services that will be provided by the proposed site, including:

1.

A description of the location, type, capacity, field strength or power density, and calculated geographic service area of the proposed antenna or antenna array. The city retains the right to retain experts to review and assess the technical data.

2.

Copies of documentation showing the applicant/permittee is in compliance with all applicable licenses, permits or authorizations required by the FCC,

3.

Location of all existing, proposed and anticipated wireless communications facilities in the applicant/permittee's network located in the city, or within one-half mile of the city's corporate limit in any direction,

4.

A description of how the proposed facility fits into the applicant/permittee's network,

5.

In the instance where a facility is proposed within one hundred feet of residential dwellings, schools, child day care centers and hospitals, the applicant/permittee shall submit a narrative description of alternative sites considered, if any, and include specific reasons these alternative sites were not chosen.

6.

If in a residential zone, locate each of the closest commercial zones and show why these sites were not chosen.

(Ord. 783 § 1 (part), 2003)

A.

Commercial communication towers and commercial communication antennas may be permitted in residential zones pursuant to Section 17.47.070 and subject to standards set forth in Section 17.47.080. No such facility shall exceed sixty feet in height.

B.

Commercial communication towers and commercial communication antennas may be approved in any of the following zones pursuant to Section 17.47.070 and subject to standards as set forth in Section 17.47.090.

A.

City Council Review. The following shall be reviewed by the city council, subject to a conditional use permit:

1.

All new wireless communications facilities, including but not limited to, lattice towers and monopoles that exceed sixty feet in height;

2.

Increased height of an existing city-approved antenna that exceeds seventy-five feet in height;

3.

All new wireless communications facilities including but not limited to, lattice towers and monopoles, in residential zones, except as noted in Section 17.47.070(B)(4); and

4.

All new wireless communications facilities on residentially designated property that is developed with a legal non-residential use (e.g., school, church, etc.) that exceed sixty feet in height.

B.

Planning Commission Review. The following shall be reviewed by the planning commission, subject to site plan approval:

1.

All new wireless communications facilities, including but not limited to, lattice towers and monopoles that do not exceed sixty feet in height which are located in a commercial or industrial zone;

2.

Increased height of an existing city-approved antenna where all city conditions of approval have been met, to a maximum of seventy-five feet in height and where the structure is located in a commercial or industrial zone;

3.

Placement of an antenna on any building in a commercial or industrial zone not screened from public view; and

4.

All new wireless communications facilities on residentially designated property that is developed with a legal non-residential use (e.g., school, church, etc.) that do not exceed sixty feet in height.

C.

Administrative Review. The following shall be reviewed by the project review committee, subject to standard building permits:

1.

Commercial communications facilities in non-residential zones up to a maximum of fifteen feet in height that are mounted on a building or rooftop and that are screened from view from all adjacent public rights-of-way;

2.

Commercial communications facilities in non-residential zones mounted on existing structures including, but not limited to, water tanks, pump stations, utility poles, ball field lighting where antenna height does not exceed structure height;

3.

Co-location of equipment on an existing city-approved support structure where all city conditions of approval have been met; and

4.

The installation of ground or building mounted satellite dishes for commercial use in non-residential zones.

D.

Exemptions. The following installations in residential zones exempt from the provisions of this section:

1.

The installation of one ground mounted satellite dish antenna in the rear yard which is less than twelve feet in diameter and less than fourteen feet in height;

2.

One satellite dish antenna which is less than twenty-four inches in diameter may be installed on a building provided that such antenna does not extend above the roofline of said building.

3.

Residential single-pole, tower roof, ground mounted television antennas; and

4.

Amateur radio antennas where the boom of any active element of the array is thirty feet or less and the fixed height does not exceed sixty-five feet. Automated or hand cranked telescoping amateur radio antennas may extend to a height of one hundred feet only while in use.

(Ord. 783 § 1 (part), 2003)

A.

Tower Height. No tower located within a residential zone shall exceed sixty feet in height.

B.

Stealth Installation. All commercial communication towers and antennas located on residentially zoned property shall be designed as a stealth facility, intended to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees).

1.

Because palm trees are plentiful throughout the city a suggested screening method for a monopole antenna or large commercial antenna may be a "monopalm."

a.

A "monopalm" designed large commercial antenna shall include a cluster of at least three "Washingtonia robusta" (Mexican fan palm) or "Phoenix dactylifera" (date palm) to enhance the camouflaged antenna. Palms shall have a height that is within fifteen feet of the height of the monopalm and at varying heights planted around the monopalm at the time of installation. Existing landscaping material (real palm trees) may be considered in order to screen the monopalm.

b.

The monopalm itself will be textured in such a way to appear as the trunk of a palm tree. Manufactured palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets.

2.

Other screening methods may be utilized where approved by the city council.

C.

Setbacks. Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum requirements of the district in which they are located. The city council may reduce the required setbacks if the goals of this section would be better served thereby.

D.

Separation From Off-site Uses. Commercial communication tower/antenna shall be separated from residentially zoned lands or residential uses a minimum of three hundred feet. Said separation shall be measured from the base of the tower to the closest point of off-site use. The city council may reduce the standard separation from off-site uses to a minimum of one hundred twenty-five percent of the tower height if the goals of this section would be better served thereby.

E.

Fencing. Fencing shall be eight foot high wrought iron/brick pillar combination. Vertical spacing of the wrought iron members shall not exceed four inches. Brick pillars shall be located at each of the four corners, on each side of the entrance gate and every six feet in the field. No other type of fencing material is permissible in any residential zone without approval of the city council.

1.

Where brick pillars are installed, the developer/applicant shall provide a 12″ × 12″ sign, posted on one of the entrance gate pillars, that reads, "For graffiti removal please call ___-___-___." Upon notification, the developer/ applicant shall remove or cause to be removed all graffiti from the site. Removal of the graffiti shall be by high pressure wash or sand blasting, not by painting.

F.

Landscaping. Landscaping shall be installed around the entire perimeter of the project site/leasehold area. Landscaping shall consist of a combination of trees, ground cover, shrubs and desert vegetation. A permanent, automated, underground, full-coverage irrigation system shall be installed and properly maintained. A comprehensive landscape and irrigation plan must be approved by the planning department. The city council may reduce the landscape requirements if the goals of this section would be better served thereby.

G.

Lighting. If security or maintenance lighting of the facility is required, the placement, size and type of lighting shall be shown on improvement plans and shall be approved by the development services department. Lighting alternatives and design must cause the least disturbance to the surrounding views.

H.

Emergency Access. Emergency access to the site shall be provided as per current city standards and specifications and state of California fire code. The developer/applicant shall equip all gates with KNOX locks.

I.

Ancillary Equipment. The facility shall use the most quiet cooling equipment and emergency power generating apparatus available.

1.

Installation of emergency power generating apparatus (i.e. back-up/standby generator) shall comply with all of the following:

a.

If a fuel tank is required for the emergency power generating apparatus it shall be self-contained and use the best available technology for the type of tank and installation; or use natural gas as a fuel source. Commercial above ground propane tanks are prohibited within residential zones.

b.

Written approval from Mojave Desert air quality management district shall be submitted prior to installation of the emergency power generating apparatus.

c.

Emergency power generating apparatus shall be equipped with a residential exhaust silencer meeting city standards at the time of installation. Noise levels shall be reduced to 60 dB L _dn (or CNEL) or less within outdoor activity areas and 45 dB L _dn ( or CNEL) or less within interior living spaces. Where it is not possible to reduce exterior noise levels within outdoor activity areas to 60 dB L _dn (or CNEL) or less after the practical application of the best available noise reduction technology, an exterior noise level of up to 65 dB L _dn (or CNEL) will be allowed.

d.

The automatic exerciser on the emergency power generating apparatus shall be set to run only between the hours of eight a.m. and five p.m., Monday through Friday only.

e.

Installation of the emergency power generating apparatus shall comply with all current city standards and all state and/or national codes applicable to the facility. The developer/applicant shall provide documentation from Southern California Edison showing that all concerns and requirements with regard to the auto transfer switch have been addressed.

J.

Accessory Buildings. Accessory buildings housing equipment in support of commercial antennas shall not exceed a height of twelve feet and shall not be used for offices or material storage. All accessory structures or buildings shall comply with the minimum required setbacks of the zone in which it is located. The use of materials and colors for accessory structures/buildings or cabinets shall be designed to blend with the exterior of existing structures within the area. A materials and color sample (minimum 12″ × 12″) shall be submitted as part of the conditional use permit application.

K.

Building and tower appearance shall be consistent with approved elevations and specifications.

(Ord. 783 § 1 (part), 2003)

A.

Tower Height. No tower shall exceed seventy-five feet in height. Additional height may be approved by the city council provided that technical data justifies the need for greater height.

B.

Stealth Installation. All commercial communication towers and antennas shall be designed as a stealth facility, intended to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees).

1.

Because palm trees are plentiful throughout the city a suggested screening method for a monopole antenna or large commercial antenna may be a "monopalm."

a.

A "monopalm" designed large commercial antenna shall include a cluster of at least three "Washingtonia robusta" (Mexican fan palm) or "Phoenix dactylifera" (date palm) to enhance the camouflaged antenna. Palms may have a height that is within fifteen feet of the height of the monopalm. and at varying heights planted around the monopalm at the time of installation. Existing landscaping material (real palm trees) may be considered in order to screen the monopalm.

b.

Where visible from a public right-of-way, the monopalm itself shall be textured in such a way to appear as the trunk of a palm tree. Manufactured palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets.

c.

Where not visible from a public right-of-way, the monopalm itself shall be treated in such a way to appear as the trunk of a palm tree. Manufactured palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets.

2.

Other screening methods may be utilized where approved by the city council.

3.

Where it can be demonstrated by the applicant that stealth installation is neither practical or feasible, the city council may approve non-stealth installation.

C.

Non-stealth Installation. Non-stealth installation shall meet the following requirements:

1.

Towers shall be painted a neutral color so as to reduce visual obtrusiveness. A color sample (minimum 12″ × 12″) shall be submitted as part of the conditional use permit application.

D.

Setbacks. Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum requirements of the district in which they are located. The reviewing body may modify the required setbacks if the goals of this section would be better served thereby.

E.

Separation From Off-site Uses. Commercial communication tower/antenna shall be separated from existing off-site structures a minimum of one hundred ten percent of the proposed tower height. Said separation shall be measured from the base of the tower to the closest point of off-site structure except in residentially zoned areas as defined in Section 17.47.080(D) (three hundred feet).

F.

Fencing.

1.

Industrial Zones. Fencing shall be eight foot high chain link or material similar to that used on adjacent properties.

2.

Commercial and Quasi-Public Zones. Where visible from a public right-of-way, fencing shall be eight foot high wrought iron/brick pillar combination. Vertical spacing of the wrought iron members shall not exceed four inches. Brick pillars shall be located at each of the four corners, on each side of the entrance gate, and every six feet in the field. Where not visible from a public right-of-way, fencing may be eight foot high chain link or material similar to that used on adjacent properties.

a.

Where brick pillars are installed, the developer/applicant shall provide a 12″ × 12″ sign, posted on a one of the entrance gate pillars, that reads, "For graffiti removal please call ___-___-___." Upon notification, the developer/ applicant shall remove or cause to be removed all graffiti from the site. Removal of the graffiti shall be by high pressure wash or sand blasting, not by painting.

G.

Landscaping. Landscaping shall be installed around the entire perimeter of the project site/leasehold area. Landscaping shall consist of a combination of trees, ground cover, shrubs and desert vegetation. A permanent, automated, underground, full-coverage irrigation system shall be installed and properly maintained. A comprehensive landscape and irrigation plan must be approved by the planning department. The reviewing body may modify the landscape requirements if the goals of this section would be better served thereby.

H.

Lighting—If security or maintenance lighting of the facility is required, the placement, size and type of lighting shall be shown on improvement plans and shall be approved by the development services department. Lighting alternatives and design must cause the least disturbance to the surrounding views.

I.

Emergency Access. Emergency access to the site shall be provided as per current city standards and specifications and state of California fire code. The developer/applicant shall equip all gates with KNOX locks.

J.

Ancillary Equipment. The facility shall use the most quiet cooling equipment and emergency power generating apparatus available. Installation of emergency power generating apparatus (i.e. back-up/standby generator) shall comply with all of the following:

1.

If a fuel tank is required for the emergency power generating apparatus it shall be self-contained and use the best available technology for the type of tank and installation; or use natural gas as a fuel source. Commercial above ground propane tanks are prohibited within residential zones.

2.

Written approval from Mojave desert air quality management district shall be submitted prior to installation of the emergency power generating apparatus.

3.

Emergency power generating apparatus shall be equipped with a residential exhaust silencer meeting city standards at the time of installation. Noise levels shall be reduced to 60 dB L _dn (or CNEL) or less within outdoor activity areas and 45 dB L _dn (or CNEL) or less within interior living spaces. Where it is not possible to reduce exterior noise levels within outdoor activity areas to 60 dB L _dn (or CNEL) or less after the practical application of the best available noise reduction technology, an exterior noise level of up to 65 dB L _dn (or CNEL) will be allowed.

4.

The automatic exerciser on the emergency power generating apparatus shall be set to run only between the hours of eight a.m. and five p.m., Monday through Friday only.

5.

Installation of the emergency power generating apparatus shall comply with all current city standards and all state and/or national codes applicable to the facility. The developer/applicant shall provide documentation from Southern California Edison showing that all concerns and requirements with regard to the auto transfer switch have been addressed.

K.

Accessory Buildings. Accessory buildings housing equipment in support of commercial antennas shall not exceed a height of twelve feet and shall not be used for offices or material storage. All accessory structures or buildings shall comply with the minimum required setbacks of the zone in which it is located. The use of materials and colors for accessory structures/buildings or cabinets shall be designed to blend with the exterior of existing structures within the area. A materials and color sample (minimum 12″ × 12″) shall be submitted as part of the conditional use permit application.

L.

Building and tower appearance shall be consistent with approved elevations and specifications.

(Ord. 783 § 1 (part), 2003)

All applications for wireless communications facilities shall include written assurances that the facilities shall be operated in accordance with the following:

A.

Maintenance. All facilities, landscaping and related equipment shall be maintained in good working order and free from trash, debris, graffiti and designed to discourage vandalism. Any damaged equipment shall be repaired or replaced within twenty-four hours. Damaged, dead or decaying plant materials shall be removed and replaced within ten days from the date of notification.

B.

Monitoring. Once the wireless communications facility is operating, the city may, if a legitimate concern regarding the facility arises, require the applicant/permittee to submit documentation that the facility is operating within the technical standards described in the application and the Federal Communications Commission permit. Independent field strength or power density measurements shall be provided to the director within thirty days of written request to the applicant/permittee.

(Ord. 783 § 1 (part), 2003)

All wireless communications facilities which receive a permit under this section shall be completed and operational within one hundred eighty calendar days of the issuance of the permit and all related permits or licenses. The construction time may be extended for an additional one hundred eighty calendar days upon a showing of good faith efforts to complete the facility, which shall take into account complications beyond the control of applicant/permittee. If the facility is not completed and operational by the end of the extension period, then the permit shall expire, and the applicant/permittee must reapply for the permit; however, this provision shall not apply when the applicant/permittee demonstrates to the satisfaction of the director that the operational delay is due entirely to factors beyond the control of the applicant/permittee, in which event the director may extend the construction time in his or her discretion.

(Ord. 783 § 1 (part), 2003)

Any commercial antenna carrier who intends to decommission or discontinue use of a commercial antenna shall notify the city by certified mail no less than thirty days prior to such action. The commercial antenna carrier or owner of the affected real property shall have ninety days from the date of decommissioning or discontinuance, or a reasonable time as may be approved by the director, to dismantle and remove the commercial antenna and all ancillary structures and restore the site to its original condition. In the case of multiple carriers sharing use of a single tower, this provision shall not become effective until all carriers cease operation. The subject conditional use permit shall become null and void.

(Ord. 783 § 1 (part), 2003)

Any facility that ceases operating for more than one hundred eighty consecutive days shall be considered abandoned. Upon a finding of abandonment, the city shall provide notice to the commercial antenna carrier last known to use such facility and, if applicable, the owner of the affected real property, providing ninety days from the date of the notice to 1) apply for all permits required at the time of expiration to reactivate the operation, or 2) dismantle and remove the commercial antenna and all ancillary structures and restore the site to its original condition. In the event the applicant/permittee fails to apply for permits or perform the removal and restoration within ninety days, the property owner shall have the facility removed.

If the property owner does not remove the equipment or does not request a hearing before the director on the issue of whether the equipment is abandoned and subject to removal, the city may have the equipment removed and store it in a secure location. The owner shall have fourteen days from the date the city provides the owner with written notice of removal of the equipment and notification of the current location of equipment to reclaim the equipment. If the equipment is not reclaimed in accordance with this section, the city may dispose of the equipment in accordance with the city's existing policy for disposal of abandoned or lost property. All expenses associated with the removal of the facility shall be charged back to the applicant/permittee and/or property owner.

(Ord. 783 § 1 (part), 2003)

At such time as is technologically allowable, modification to the facility shall be performed by the applicant, permittee, assignee or any successor-in-interest within a twenty-four-month period. Modification may include, but shall not be limited to, lowering of the tower height, removal of the microwave dishes, or the installation of cellular telephone locating capabilities as may be required by state of federal statute.

(Ord. 783 § 1 (part), 2003)

A.

Modifications to Existing Projects. Any modification to a wireless communication facility existing at the time of the adoption of the ordinance codified in this chapter shall be processed through a new conditional use permit and the facility as modified shall comply with the standards contained in this section.

B.

All wireless communication facilities existing at the time of the adoption of the ordinance codified in this chapter shall either be removed or be modified through the approval of a new conditional use permit as specified in subsection A of this section, on or before the tenth anniversary of the effective date of the ordinance codified in this chapter.

C.

Notwithstanding the provisions of subsection B of this section, the deadline for removal or modification of an existing wireless communications facility may be extended upon application by the owner of the facility. The extension shall be granted if the owner can demonstrate that as applied to the owner's facility the amortization period stated in subsection B of this section is unreasonably short when considering factors including, but not limited to, the depreciated value of the facility to be removed or modified, the remaining useful life of the facility to be removed or modified and the harm to the public that would result from the continued existence of the facility without modification.

(Ord. 783 § 1 (part), 2003)

Notwithstanding any other provisions of this title, the installation of a wireless communications facility and ancillary structures may be permitted on a property on which there exists a nonconforming building, structure, use or site conditions, provided the wireless communications facility and ancillary structures are approved through a conditional use permit, as required by this section, except that such installation shall not be permitted on any site on which there exists a nonconforming sign or fire safety hazard, as documented by the development services director.

(Ord. 783 § 1 (part), 2003)

A.

Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

B.

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on findings from the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the council finds:

1.

Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.

2.

Certain employees of sexually oriented businesses defined in this chapter as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

3.

Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.

4.

Offering and providing such space encourages such activities, which creates unhealthy conditions.

5.

Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

6.

At least fifty communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.

7.

Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States—six hundred in 1982, two thousand two hundred in 1983, four thousand six hundred in 1984, eight thousand five hundred fifty-five in 1985 and two hundred fifty-three thousand four hundred forty-eight through December 31, 1992.

8.

As of January 31, 1998, there have been one hundred five thousand one hundred twenty-one reported cases of AIDS in the State of California, resulting in sixty-six thousand four hundred fifty deaths.

9.

Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV anti-body test in Blythe, California.

10.

The number of cases of early (less than one year) syphilis in the United States reported annually has steadily declined since 1991, with fifty-three thousand eight hundred fifty-five cases reported in 1991 and twenty thousand one hundred eighty-seven cases reported in 1996.

11.

The number of cases of gonorrhea in the United States reported annually remains at a high level, with over three hundred twenty-five thousand cases being reported in 1996.

12.

The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

13.

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

14.

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

15.

Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.

16.

The findings noted in subsection (B)(1) through (15) of this section raise substantial governmental concerns.

17.

Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

18.

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.

19.

Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.

20.

Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

21.

The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.

22.

It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity.

23.

The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.

24.

The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.

25.

The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this chapter.

(Ord. 746 § 2 (part), 1998)

As used in this chapter, the following shall apply:

"Adult arcade" means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

"Adult bookstore," "adult novelty store" or "adult video store" means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

2.

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

1.

Persons who appear in a state of nudity or semi-nude; or

2.

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

3.

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult motel" means a hotel, motel or similar commercial establishment which:

1.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

2.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

3.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

"Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

"Employee" means a person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

"Escort" means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

"Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

"Establishment" means and includes any of the following:

1.

The opening or commencement of any sexually oriented business as a new business;

2.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

3.

The additions of any sexually oriented business to any other existing sexually oriented business; or

4.

The relocation of any sexually oriented business.

"Licensee" means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

"Nude model studio" means any place where a person who appears semi-nude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the state or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

1.

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and

2.

Where in order to participate in a class a student must enroll at least three days in advance of the class; and

3.

Where no more than one nude or semi-nude model is on the premises at any one time.

"Nudity" or a "state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

"Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.

"Semi-nude" or in a "semi-nude condition" means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast; but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

"Sexual encounter center" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

1.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

2.

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.

"Sexually oriented business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

"Specified anatomical areas" means:

1.

The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

2.

Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

"Specified criminal activity" means any of the following offenses:

1.

Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;

2.

For which:

a.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

b.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

c.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.

3.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

"Specified sexual activities" means any of the following:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

2.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

3.

Excretory functions as part of or in connection with any of the activities set forth in (1) through (2) above.

"Substantial enlargement" of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent, as the floor areas exist on the date the ordinance codified in this section takes effect.

"Transfer of ownership or control" of a sexually oriented business means and includes any of the following:

1.

The sale, lease, or sublease of the business;

2.

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

3.

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Ord. 746 § 2 (part), 1998)

Sexually oriented businesses are classified as follows:

A.

Adult arcades;

B.

Adult bookstores, adult novelty stores, or adult video stores;

C.

Adult cabarets;

D.

Adult motels;

E.

Adult motion picture theaters;

F.

Adult theaters;

G.

Escort agencies;

H.

Nude model studios; and

I.

Sexual encounter centers.

(Ord. 746 § 2 (part), 1998)

A.

It is unlawful:

1.

For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city pursuant to this chapter.

2.

For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the city pursuant to this chapter.

3.

For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.

B.

An application for a license must be made on a form provided by the city.

C.

All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications established in this chapter.

D.

If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.

E.

The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:

1.

If the applicant is:

a.

An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is eighteen years of age;

b.

A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

c.

A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

2.

If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state (a) the sexually oriented business's fictitious name and (b) submit the required registration documents.

3.

Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.

4.

Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

5.

Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.

6.

The single classification of license for which the applicant is filing.

7.

The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.

8.

The applicant's mailing address and residential address.

9.

A recent photograph of the applicant(s).

10.

The applicant's driver's license number, Social Security number, and/or his/her state or federally issued tax identification number.

11.

A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

12.

A current certificate and straight-line drawing prepared within thirty days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within one thousand feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within five hundred feet of the property to be certified.

Note: For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

13.

If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in Section 17.49.140.

F.

Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the city the following information:

1.

The applicant's name or any other name (including "stage" names) or aliases used by the individual;

2.

Age, date, and place of birth;

3.

Height, weight, hair and eye color;

4.

Present residence address and telephone number;

5.

Present business address and telephone number;

6.

Date, issuing state and number of driver's permit or other identification card information;

7.

Social Security number; and

8.

Proof that the individual is at least eighteen years of age.

G.

Attached to the application form for a sexually oriented business employee license as provided above, shall be the following:

1.

A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant.

2.

A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state, or country, has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the operation, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

3.

A statement of whether or not the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

(Ord. 746 § 2 (part), 1998)

A.

Upon the filing of said application for a sexually oriented business employee license, the city shall issue a temporary license to said applicant. The application shall then be referred to the appropriate city departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the city shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

1.

The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;

2.

The applicant is under the age of eighteen years;

3.

The applicant has been convicted of a "specified criminal activity" as defined in this chapter;

4.

The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter; or

5.

The applicant has had a sexually oriented business employee license revoked by the city within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in Section 17.49.100.

B.

A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the city that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in Section 17.49.060.

C.

Within thirty days after receipt of a completed sexually oriented business application, the city shall approve or deny the issuance of a license to an applicant. The city shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

1.

An applicant is under eighteen years of age.

2.

An applicant or a person with whom applicant is residing is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.

3.

An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

4.

An applicant or a person with whom the applicant is residing has been denied a license by the city to operate a sexually oriented business within the preceding twelve months or whose license to operate a sexually oriented business has been revoked within the preceding twelve months.

5.

An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this chapter.

6.

The premises to be used for the sexually oriented business have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances.

7.

The license fee required by this chapter has not been paid.

8.

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.

D.

The license, if granted shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to Section 17.49.030. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.

E.

The health department, fire department, and the building official shall complete their certification that the premises is in compliance or not in compliance within twenty days of receipt of the application by the city.

F.

A sexually oriented business license shall be issued for only one classification as found in Section 17.49.030.

(Ord. 746 § 2 (part), 1998)

A.

Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a five hundred-dollar nonrefundable application and investigation fee.

B.

In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the city an annual nonrefundable license fee of one hundred four dollars within thirty days of license issuance or renewal.

C.

Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual nonrefundable application, investigation, and license fee.

D.

All license applications and fees shall be submitted to the development services department.

(Ord. 746 § 2 (part), 1998)

A.

An applicant or licensee shall permit representatives of the police department, health department, fire department, zoning department, or other city departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.

B.

A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business.

(Ord. 746 § 2 (part), 1998)

A.

Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 17.49.040 application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license will not be affected.

B.

When the city denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date denial became final.

(Ord. 746 § 2 (part), 1998)

A.

The city shall suspend a license for a period not to exceed thirty days if it determines that a licensee or an employee of a licensee has:

1.

Violated or is not in compliance with any section of this chapter;

2.

Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.

(Ord. 746 § 2 (part), 1998)

A.

The city shall revoke a license if a cause of suspension in Section 17.49.090 occurs and the license has been suspended within the preceding twelve months.

B.

The city shall revoke a license if it determines that:

1.

A licensee gave false or misleading information in the material submitted during the application process;

2.

A licensee has negligently allowed possession, use, or sale of controlled substances on the premises;

3.

A licensee has negligently allowed prostitution on the premises;

4.

A licensee negligently operated the sexually oriented business during a period of time when the licensee's license was suspended;

5.

Except in the case of an adult motel, a licensee has negligently allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or

6.

A licensee is delinquent in payment to the city, county, or state for any taxes or fees past due.

C.

When the city revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date the revocation became effective.

D.

After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.

(Ord. 746 § 2 (part), 1998)

A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

(Ord. 746 § 2 (part), 1998)

A.

A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than C-G (general commercial), as defined and described in the city zoning ordinance.

B.

A person commits an offense if the person operates or causes to be operated a sexually oriented business within five hundred feet of:

1.

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

2.

A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

3.

A boundary of a residential district as defined in the city of Blythe zoning ordinance;

4.

A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities;

5.

The property line of a lot developed to a residential use as defined in the zoning ordinance;

6.

An entertainment business which is oriented primarily towards children or family entertainment; or

7.

A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state.

C.

A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand feet of another sexually oriented business.

D.

A person commits a misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

E.

For the purpose of subsection B of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in said subsection B. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

F.

For purposes of subsection C of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

G.

Any sexually oriented business lawfully operating on July 1, 1998, that is in violation of subsections A through F of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within one thousand feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established businesses is/are nonconforming.

H.

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection B of this section within one thousand feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.

(Ord. 746 § 2 (part), 1998)

A.

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.

B.

A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented license, he rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, he rents or subrents the same sleeping room again.

C.

For purposes of subsection B of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

(Ord. 746 § 2 (part), 1998)

A.

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty square feet of floor space, a film, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

1.

Upon application for a sexually oriented license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The city may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

2.

The application shall be sworn to be true and correct by the applicant.

3.

No alteration in the configuration or location of a manager's station may be made without the prior approval of the city.

4.

It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

5.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

6.

It shall be the duty of the licensee to ensure that the view area specified in subsection (A)(5) of this section remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (A)(1) of this section.

7.

No viewing room may be occupied by more than one person at any time.

8.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five footcandles as measured at the floor level.

9.

It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

10.

No licensee shall allow openings of any kind to exist between viewing rooms or booths.

11.

No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

12.

The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

13.

The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

14.

The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight inches of the floor.

B.

A person having a duty under subsection (A)(1) through (14) of this section commits a misdemeanor if he knowingly fails to fulfill that duty.

(Ord. 746 § 2 (part), 1998)

A.

An escort agency shall not employ any person under the age of eighteen years.

B.

A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen years.

(Ord. 746 § 2 (part), 1998)

A.

A nude model studio shall not employ any person under the age of eighteen years.

B.

A person under the age of eighteen years commits an offense if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio.

C.

A person commits an offense if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

D.

A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

(Ord. 746 § 2 (part), 1998)

A.

It shall be a misdemeanor for a person who knowingly and intentionally, in a sexually oriented business, appears in a state of nudity or depicts specified sexual activities.

B.

It shall be a misdemeanor for a person who knowingly or intentionally in a sexually oriented business appears in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten feet from any patron or customer and on a stage at least two feet from the floor.

C.

It shall be a misdemeanor for an employee, while semi-nude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in a sexually oriented business.

D.

It shall be a misdemeanor for an employee, while semi-nude, to touch a customer or the clothing of a customer.

(Ord. 746 § 2 (part), 1998)

A.

A person commits a misdemeanor if the person knowingly allows a person under the age of eighteen years on the premises of a sexually oriented business.

B.

A person under the age of eighteen years commits a misdemeanor if the person enters or remains in a sexually oriented business.

(Ord. 746 § 2 (part), 1998)

No sexually oriented business, except for an adult motel, may remain open at any time between the hours of one a.m. and eight a.m. on weekdays and Saturdays, and between the hours of one a.m. and noon on Sundays.

(Ord. 746 § 2 (part), 1998)

It is a defense to prosecution under Section 17.49.170 that a person appearing in a state of nudity did so in a modeling class operated:

A.

By a proprietary school, licensed by the state; a college, junior college, or university supported entirely or partly by taxation;

B.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

C.

In a structure:

1.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

2.

Where, in order to participate in a class a student must enroll at least three days in advance of the class; and

3.

Where no more than one nude model is on the premises at any one time.

(Ord. 746 § 2 (part), 1998)

A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 17.49.120 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable by a fine of two hundred dollars or thirty days' imprisonment. Each day a sexually oriented business so operates is a separate offense or violation.

(Ord. 746 § 2 (part), 1998)

The provisions set out in this chapter shall be the minimum standards for any service station granted a conditional use permit in the C-N zone, and may be used as a guide in granting a conditional use permit in other commercial and industrial zones.

(Ord. 595 § 6.10 (part), 1982)

Each service station lot shall have a minimum area of fourteen thousand square feet.

(Ord. 595 § 6.10(A), 1982)

Each service station lot shall have a minimum width of one hundred twenty feet on that street or those streets which is or are classified as a part of the "Select System of Roads and Streets," as defined by the California Streets and Highways Code, but in no event can the dimension along the intersecting street be less than ninety feet.

(Ord. 595 § 6.10(B), 1982)

A.

There shall be a minimum setback for any service station building of ten feet from any property line, except where the lot line of the property involved abuts a public alley and a five-foot masonry wall is erected pursuant to Section 17.50.100(C) or a building is constructed adjacent to such alley.

B.

Gasoline pumps, or other facilities for providing vehicles with gasoline, and pump islands on which they are placed shall be set back fifteen feet from any property line.

(Ord. 595 § 6.10(C), 1982)

A.

Each developed service station site shall have not more than two accessways (driveways) to any one street.

B.

Accessways shall be located so that there is a minimum of five feet of full-height curb between the way and adjoining residential property lines.

C.

No driveway shall exceed a width of thirty-five feet.

D.

No driveway shall encroach into the curve of a street corner unless the radius of the curb return is greater than thirty feet.

E.

There shall be a minimum distance of twenty-two feet of full-height curb between curb cuts along any street frontage.

(Ord. 595 § 6.10(D), 1982)

A.

Off-street parking at service stations shall be provided as required in Chapter 17.16. In addition, one parking space shall be provided at all times for each employee on duty.

B.

No parking of commercial vehicles over six thousand pounds shall be permitted between ten p.m. and six a.m. within fifteen feet of an abutting residential zone.

(Ord. 595 § 6.10(E), 1982)

A.

Three-foot-wide planters shall be located and maintained adjacent to every street frontage, except for driveways or curb cut openings, at service stations.

B.

One hundred square feet of planting area shall be located and maintained at the intersection of two property lines at a street corner.

C.

All planting areas shall be separated from abutting paving by minimally six-inch-high curb walls.

D.

All planting shall be a variety that will not achieve a height greater than thirty inches, shall not be thorny or spiked and shall not extend over the sidewalk.

E.

All landscaped areas shall have permanent irrigation systems approved by the planning director and such areas shall be planted and maintained.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.10(F), 1982)

Signs at service stations shall be limited to the following:

A.

There shall be no more than two principal identification signs.

1.

One sign may be freestanding with a maximum sign face area of two hundred square feet and a maximum height of fifty feet; and

2.

One fin or pylon sign, with a maximum sign face area of forty square feet, provided that the pylon sign is placed on a structure which is integrated with the main.

B.

Two freestanding posterboard signs may be located no closer than thirty-five feet to the point of intersection of the property lines extended on a corner site. In lieu of that, one such posterboard sign may be placed nearer than thirty-five feet to the point of intersection of the property lines extended, provided that it is placed behind a line drawn between two points, each of which is fifteen feet from the point of intersection. These posterboard signs shall be permanently placed; however, they may contain changeable copy. The maximum area of any such sign face shall not exceed twenty-four square feet.

C.

All signs in addition to those provided for in subsections A and B of this section shall be placed on or affixed to a structure.

(Ord. 789 § 1 (part), 2004: Ord. 595 § 6.10(G), 1982)

A.

All outside lighting at service stations shall be so arranged and shielded as to prevent any glare or reflection, nuisance, inconvenience or hazardous interference of any kind on adjoining streets or property.

B.

All outside lights and signals, except for those necessary for security lighting, shall be turned off when the station is not in operation.

(Ord. 595 § 6.10(H), 1982)

A.

Entrances to all service station restrooms shall be screened from view of adjacent properties or street rights-of-way by decorative screening six feet high. The bottom of such screens shall be raised eighteen inches above grade for visibility and ventilation.

B.

All outside trash, garbage, refuse and storage areas shall be enclosed on all sides by a five-foot-high structure. Provisions for adequate vehicular access shall be provided to and from such areas for collection of trash. Where installation of a permanent enclosure is physically impossible, a trash container of a type approved by the director of public works may be substituted.

C.

Where the rear property line abuts a public alley, there shall be erected a five-foot masonry wall dividing the service station property from the alley.

(Ord. 595 § 6.10(I), 1982)

All displays at service stations shall be restricted to within five feet of the principal building, on the pump island, or in permanently placed, fully enclosed display cabinets. The display cabinets may be placed on the interior perimeter property line, but, in any case, no closer than ten feet to a street property line.

(Ord. 595 § 6.10(J)(1), 1982)

Service stations which abut residentially zoned property shall close between midnight and six a.m., and all business activities except for services and emergency repairs shall be confined to the hours between six a.m. and ten p.m.

(Ord. 595 § 6.10(J)(2), 1982)

There shall be no sale or distribution of alcoholic beverages from the premises of any automobile service station without the issuance of a conditional use permit by the city council.

(Ord. 789 § 1 (part), 2004: Ord. 595 § 6.10(J)(3), 1982)

Utilities to all service-station structures, including signs, shall be installed underground.

(Ord. 595 § 6.10(K), 1982)

The provisions set out in this chapter shall be the minimum standards for fuel dispensing facilities (service stations) granted a conditional use permit for gasoline dispensing and storage in the C-N zone, and may be used for the granting of a conditional use permit in the C-C (community commercial) and C-G (general commercial) zones for the dispensing and storage of propane.

(Ord. 770 § 1 (part), 2000: Ord. 595 § 6.11, 1982)

All activities involving the installation of facilities for, and all storage of, flammable and explosive materials shall be in compliance with Chapter 57 (Flammable and Combustible Liquids) of the 2022 California Fire Code and Title 15 of the Blythe Municipal Code.

(Ord. 770 § 1 (part), 2000)

(Ord. No. 846, § 2, 12-14-10; Ord. No. 879, § 2, 11-8-16; Ord. No. 898, § 2, 11-12-19; Ord. No. 929, § 18, 12-13-22)

Regulations governing the keeping of animals, poultry and fowl shall be as set out in this chapter.

(Ord. 595 § 6.12 (part), 1982)

No person shall keep, maintain, cause or otherwise permit to be kept or maintained, any of the following on any property or premises within the city:

A.

Oxen or swine;

B.

Dangerous or poisonous reptiles, except in scientific biological laboratories or educational institutions;

C.

Lions, tigers, elephants; all species of monkeys, apes and chimpanzees; or similar such animals which shall be considered wild and/or dangerous by their nature or ancestry; or

D.

Any other animals, poultry or fowl not specifically provided for in this title.

(Ord. 595 § 6.12(A), 1982)

No person shall keep or maintain any sheep, goats, cattle, jacks, jennies, burros or any other type or kind of livestock on any property or premises within the city in any residential or commercial zone classification, except as may otherwise be regulated and permitted as set forth in Section 17.54.060.

(Ord. 595 § 6.12(B), 1982)

No person shall keep or maintain upon any property or premises in the city any crowing rooster, peacock, guinea fowl, geese or any other animal, poultry or fowl which by any sound or cry unreasonably disturbs the peace, quiet, urban environment, tranquility or welfare of the public generally.

(Ord. 595 § 6.12(C), 1982)

No person shall keep or maintain more than three dogs and three cats more than three months of age upon any lot or premises located in any residential zone of the city. Such dogs and/or cats shall be kept only for the personal use and enjoyment of the occupants of the premises upon which such dogs or cats are so kept or maintained.

(Ord. 595 § 6.12(D), 1982)

No person shall keep or maintain any combination of poultry, fowl, rabbits or small animals exceeding nine, or more than three of each type, kind or species, upon any lot or premises in any residential zone, except in the R-E zone. In the R-E zone, no person shall keep or maintain any combination of poultry, fowl, rabbits or small animals exceeding twenty for each ten thousand square feet of lot area. These restrictions shall apply regardless of the age of such poultry, fowl, rabbits or small animals.

(Ord. 595 § 6.12(F), 1982)

The intent of this chapter is to provide for the protection and encouragement of the use of solar energy collectors as an alternate energy source.

(Ord. 595 § 6.13 (part), 1982)

The use of solar energy collectors for the purpose of providing energy for heating and/or cooling is a permitted use within all zones, whether as part of a structure or incidental to a group of structures in the nearby vicinity. Use of solar energy collectors is subject to the restraints imposed by the existing buildings and structures within the city limits plus the zoning, height and setback limitations continued within this code, and existing trees. No guarantee is hereby given that all property within the city limits is entitled to the use of solar collectors. However, as a general policy, reasonable care should be taken to protect the opportunity for the utilization of solar collectors at all of the locations available.

(Ord. 595 § 6.13(A), 1982)

Variances shall be granted by the planning director from zone restrictions such as height, setback and lot density where such variances are necessary to permit unimpaired access to the sun during the hours of ten a.m. to two p.m. so long as such variances do not interfere with an existing solar collector on northerly property within the reasonable vicinity and are not otherwise injurious to adjacent property. Such variances shall be considered minor variances within the meaning of Section 17.70.070.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.13(B), 1982)

If, for the reason of solar orientation, an entire area between two intersecting streets in a block is developed cooperatively as a unit, all yard regulations may be varied to carry out the purpose, providing that the city council, after public notice and hearing, is of the opinion that such a development will not be injurious to adjacent property.

(Ord. 595 § 6.13(C), 1982)

No person shall sell or offer for sale personal property in a manner commonly known as a "garage" sale, "patio" sale or "yard" sale, except personal property owned, utilized and maintained by such person or members of his family on or in connection with premises which they occupy; provided, however, that a sale of donated property of others may be conducted on behalf of a church or charitable organization if the church or the organization joins in the application and the entire proceeds of such sale are donated to the sponsoring church or charitable organization. Personal property offered for sale shall not be displayed in the front yard, or the side yard of any corner lot which adjoins a street, of any such premises.

(Ord. 595 § 6.14(A), 1982)

Only two sales may be conducted in any twelve-month period at the address for which the permit is issued and shall be limited to not more than three consecutive days for each sale.

(Ord. 595 § 6.14(C), 1982)

Notwithstanding any other provision of this title, one sign not exceeding four square feet in area shall be permitted during such sale.

(Ord. 595 § 6.14 (D), 1982)

The provisions of this chapter shall not apply to sales of personal property made under court order or process.

(Ord. 595 § 6.14(D), 1982)

The purpose of this chapter is to permit the lease or rental of small spaces for the enclosed storage of personal property and the open storage of automobiles, boats, recreation vehicles and travel trailers.

(Ord. 595 § 6.15(A), 1982)

It is the intent of this chapter that such use may be developed:

A.

As an accessory or associated use with mobile home parks, and recreation vehicle or travel trailer parks subject to the conditions and requirements of a conditional use permit;

B.

As a permitted use in zones I-S and I-G and by conditional use permit in zones C-G, C-C, P-D and C-M-O subject to all the development standards of the zone in which it is located.

(Ord. 789 § 1 (part), 2004: Ord. 595 § 6.15(B), 1982)

Individual storage units may vary in size but they may not exceed three hundred square feet in area.

(Ord. 595 § 6.15(C)(1), 1982)

Open storage units shall be screened with a suitable six-foot fence or wall subject to the approval of the planning director.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.15(C)(2), 1982)

Outside storage shall be designed according to standards for nonresidential parking specified in Sections 17.16.110, 17.16.120 and 17.16.130.

(Ord. 595 § 6.15(C)(3), 1982)

The C-M-O zone is intended to designate areas where a transition, in-filling or expansion of commercial and light industrial uses is desired into an area of intermittent residential uses.

(Ord. 595 § 6.16(A), 1982)

Commercial and industrial uses shall be established subject to a conditional use permit, the primary purpose of which is to provide conditions protecting the residential uses in the area. All uses shall be developed in a manner to upgrade the general quality of the area and to assure reasonable compatibility between uses.

(Ord. 595 § 6.16(B), 1982)

The basic underlying use in the C-M-O zoned areas is residential. Where the C-M-O zone symbol is designated on the zoning map, it shall be followed by a residential zone symbol. Residential uses shall be those permitted in the designated zone, and subject to the provisions of the zone and all other provisions of this title.

(Ord. 595 § 6.16(C), 1982)

It is the intent of this chapter to facilitate and encourage the provision of decent, affordable housing for farmworkers by not requiring a conditional use permit, zoning variance, or other zoning clearance for farmworker housing that is not required of any other agricultural activity in the agriculture (A) zone.

(Ord. No. 862, § 8, 10-8-13)

Farmworker housing shall be considered to be an activity that in no way differs from an agricultural use.

(Ord. No. 862, § 8, 10-8-13)

The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located.

(Ord. No. 862, § 8, 10-8-13)

It is the intent of this chapter to facilitate and encourage the provision of emergency shelter for homeless persons and households by allowing emergency shelters without a conditional use permit or other discretionary action in the service industrial (I-S) and general industrial (I-G) zones and subject only to the same development standards that apply to the other permitted uses in these zones, except for standards unique to emergency shelters as set forth in Section 17.63A.020 of this chapter.

(Ord. No. 862, § 8, 10-8-13)

In addition to the applicable development and performance standards set forth in Division III of Title 17, the following development and management standards shall apply to emergency shelters as authorized by Section 65583(a)(4) of the California Government Code:

A.

The maximum number of beds or persons to be served nightly by an emergency shelter shall be thirty-five.

B.

Off-street parking shall be based upon demonstrated need, provided that parking for an emergency shelter shall not be more than that required for other commercial or industrial uses permitted in the service industrial (I-S) and general industrial (I-G) zones.

C.

Appropriately sized and located exterior and interior on-site waiting and intake areas shall be provided.

D.

Appropriate exterior lighting shall be provided.

E.

On-site management shall be provided.

F.

Security shall be provided during the hours that the emergency shelter is in operation.

G.

The maximum length of stay by a homeless person in an emergency shelter shall be six months.

H.

An emergency shelter shall not be located within three hundred feet of another emergency shelter.

I.

No individual or household shall be denied emergency shelter because of an inability to pay.

(Ord. No. 862, § 8, 10-8-13)

It is the intent of this chapter to facilitate and encourage the provision of affordable shelter for low-income persons with special housing needs by allowing SRO housing without a conditional use permit or other discretionary action in the service industrial (I-S) and general industrial (I-G) zones.

(Ord. No. 862, § 8, 10-8-13)

An SRO unit shall be occupied by a single person. Occupancy of SRO units may be restricted to seniors or be available to persons of all ages.

(Ord. No. 862, § 8, 10-8-13)

In addition to the applicable development and performance standards set forth in Division III of Title 17, the following development and management standards shall apply to SRO housing:

A.

Units in an SRO housing development shall consist of a single room and may have a private or shared bathroom. A shared common kitchen and activity area may also be provided.

B.

On-site management shall be provided.

(Ord. No. 862, § 8, 10-8-13)

It is the intent of this chapter to facilitate and encourage the provision of affordable shelter for low-income persons with special housing needs by allowing supportive housing without a conditional use permit or other discretionary action in all residential zones and subject only to the same development standards that apply to the other permitted residential uses in these zones.

(Ord. No. 862, § 8, 10-8-13)

It is the intent of this chapter to facilitate and encourage the provision of affordable shelter for low-income persons with special housing needs by allowing transitional housing without a conditional use permit or other discretionary action in all residential zones and subject only to the same development standards that apply to the other permitted residential uses in these zones.

(Ord. No. 862, § 8, 10-8-13)

The purpose of this chapter is to further fulfill the purposes and intents set forth in Title 5 of the Blythe Municipal Code. No person shall operate a commercial cannabis business without first obtaining a city commercial cannabis business permit and complying with all the requirements of Title 5 of the Blythe Municipal Code and complying with all applicable state law requirements including obtaining a license or permit required by the state to operate a commercial cannabis business.

(Ord. No. 883, § 2, 6-13-17)

Unless otherwise provided herein, the terms used in this part shall have the meanings ascribed to them in Title 5 of the Blythe Municipal Code.

(Ord. No. 883, § 2, 6-13-17)

Commercial cannabis dispensaries shall be permitted only as follows:

A.

In the C-C, commercial community business, C-G general commercial, and in I-G, general industry zone.

B.

The dispensary must not be located on a parcel located within a six hundred feet radius of a school (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12). If any part of a parcel falls within the six hundred feet, then the entire parcel shall meet the requirements of this paragraph.

C.

No closer than six hundred feet from any portion of any parcel in the City limits containing any of the following:

1.

A youth facility;

2.

A daycare facility serving nine or more children and is licensed by the county or city.

3.

Parks and places of worship at the discretion of the city council.

D.

No closer than one thousand feet from any portion of any parcel containing a commercial adult day care facility serving nine or more adults and licensed by the state, county or city.

(Ord. No. 883, § 2, 6-13-17)

Commercial cannabis businesses other than dispensaries, including those permitted to engage in cultivation, manufacturing, testing and distribution of cannabis and cannabis products shall be permitted only if all the following requirements are met:

A.

Commercial cannabis businesses other than a dispensary must be located on property zoned C-C community commercial, C-G, general commercial, I-G general industrial, and I-S service industrial; and

B.

The property on which the commercial cannabis business is located must also be no closer than six hundred feet from any portion of any parcel containing any of the following:

1.

A school (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12);

2.

A daycare facility serving nine or more children and is licensed by the county and city;

3.

Any park or place of worship at the discretion of the city council;

4.

A youth facility.

(Ord. No. 883, § 2, 6-13-17; Ord. No. 885, § 16, 10-10-17; Ord. No. 890, § 2, 8-14-18; Ord. No. 901, § 2, 7-14-20)

The distance between parcels shall be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the lot on which the commercial cannabis business is to be located, without regard to any intervening structures. The distance requirements in this chapter shall only be applicable with respect to properties located in the city's limits, unless otherwise required by state law. The distance requirements shall not be applicable with respect to any property located outside the city limits.

(Ord. No. 883, § 2, 6-13-17)

Prior to commencing operations, a commercial cannabis business must obtain a certification from the planner or designee certifying that the business is located on a site that meets all the requirements of this chapter.

(Ord. No. 883, § 2, 6-13-17)

Marijuana cultivation by any person, including primary caregivers, qualified patients and dispensaries, is prohibited throughout the city of Blythe unless permitted by this chapter.

(Ord. No. 883, § 2, 6-13-17)