It is the intent of this division to provide greater flexibility in the application of development standards for residential projects as set forth in chapter 24 of the City Code, subdivision ordinance, and this chapter, and to encourage innovative site planning in keeping with the following principles:

(1)

The encouragement of a more desirable living environment through application of modern site planning techniques which are not generally available through strict application of conventional development standards.

(2)

The arrangement of buildings, streets, and landscaped areas in a more functional and visually satisfying pattern.

(3)

The development of a more interesting and varied project in accordance with a detailed comprehensive plan encompassing such elements as the design and location of structures, the circulation pattern, parking facilities, landscaping, open space, and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of the persons occupying the property.

(4)

Flexibility to allow alternative housing typologies to traditional single dwelling unit developments to encourage a variety of housing opportunities for a range of residents in accordance with the land use and housing elements of the general plan.

(Ord. No. 24-03, § 2, 9-17-24)

Planned unit developments are subject to a conditional use permit and may be approved pursuant to the provisions regarding conditional use permits outlined in article V, division 6 of this chapter.

(Ord. No. 24-03, § 2, 9-17-24)

The following standards shall apply to planned unit developments unless modified by the city council pursuant to the provisions of section 29-182 of this division.

(1)

Project size. There shall be one (1) or more acres of land within the project to be developed.

(2)

Townhouse or row house development. In areas where townhouse developments are proposed, no continuous group of dwellings that together form the exterior walls of a building shall exceed two hundred (200) feet in any dimension.

(3)

Land area per unit. The land area required per unit, which is owned in fee by individuals, may be waived by the city council in those instances where common open space has been provided as required in this division, except that:

a.

Each single-family detached unit shall occupy parcels of land not less than two thousand (2,000) square feet in area with a minimum average width of not less than twenty (20) feet and a minimum average depth of not less than eighty (80) feet; and

b.

Each individual townhouse or other attached unit shall occupy parcels of land not less than one thousand two hundred (1,200) square feet in area with a minimum average width of not less than twenty (20) feet.

(4)

Density. A planned unit development shall not exceed the average gross density of the zone(s) in which it is located. When a planned unit development contains two (2) or more general plan land use designations, the density of the planned unit development may not be transferred from one (1) general plan designation to another without a general plan amendment.

(5)

Local access. Nothing in this division shall cause the waiver of public street requirements established in chapter 24 of the City Code, subdivision ordinance. However, planned unit developments may be served by private ways, streets, or alleys that vary from the requirements for dedicated streets if, in the judgment of the city council, such waiver is in conformity with the provisions of this division. Furthermore, such paved private access ways, exclusive of pedestrian walkways, shall be at least:

a.

Twenty (20) feet wide for one-way traffic when parking is prohibited by posted signs.

b.

Twenty-four (24) feet wide for two-way traffic when visitor parking is provided in specially designed bays outside of the right-of-way and parking on the access way is prohibited by posted signs.

c.

Forty (40) feet wide for two-way traffic when parking is allowed on both sides.

(6)

Trash and garbage pickup. All areas set aside for storage and pickup of trash and garbage shall be completely enclosed on four (4) sides by a solid six-foot wall or fence, or completely screened by other methods acceptable to the planning commission and city council. Said areas shall be sited in a manner convenient to the residents which they are intended to serve. Solid access doors shall be of the same height as the wall or fence.

(7)

Building height limits. Building heights above the limits imposed in the zone in which the planned unit development is located shall be permitted if the city council determines that additional height furthers the objectives of this division.

(8)

Required open space. Sites shall provide a minimum of five (5) percent of the net area of the planned unit development as common open space/amenity for the development. Land occupied by buildings, streets, driveways or parking spaces may not be counted in satisfying this open space requirement. However, land occupied by recreational buildings and structures may be counted as required open space.

(Ord. No. 24-03, § 2, 9-17-24; Ord. No. 25-12, §§ 3, 4, 12-16-25)

All planned unit developments shall be subject to the following conditions of approval placed upon the project in accordance with article V, division 6 of this chapter:

(1)

Private access streets and driveways. Access to lots within a planned unit development, and to its required parking spaces, shall be provided by way of a public or private street, or an access easement. All common access streets, driveways, alleys and other access ways provided for vehicular access and serving cluster units within the project shall be developed in accordance with the plans and specifications approved as part of this action by the city council, and shall be maintained by responsible management of the project indefinitely. The council may require changes in the design of these common access elements as a condition of approval if, in their judgment, such changes are essential to provide access for fire, police and other emergency vehicles.

(2)

Dedication of public easements. The city council may require and accept dedication of public easements for utilities both public and private within, along or across the common areas of the project. The council may also require easements for pedestrian use where needed to provide through access to a public school, park, or other public facility.

(3)

Improvement and maintenance of open space. Open space areas shall be suitably improved for their intended purpose. All or any part of the required open space shall be reserved for use in common by the residents of the planned development. All lawn and landscaped areas reserved for common use shall be provided with a permanent watering system adequate to maintain such areas. All areas intended for common use shall be irrevocably reserved by deed restriction for such common use.

(4)

Dedication of open space. If, in the judgment of the city council, there exists in the project open space which might at a future time be developed in a manner conflicting with the intent of the zone or the objectives of this division, the council may require the dedication of development rights for said open space to the city as a condition of approval. The instruments used to transfer said rights shall be acceptable to the city and the deeded rights shall be clearly indicated on all maps of record.

(5)

Phased development. If development is to be accomplished in phases, the development plan shall coordinate the improvement of open space, the construction of buildings, structures and improvements in such open space, and the construction of dwelling units so that each development phase achieves, at a minimum, a proportionate share of the total open space improvements of the total planned development.

(6)

Other requirements. The city council may require other reasonable conditions of approval that relate to the physical development of the project or to the methods of managing the common elements and providing for perpetual maintenance of these elements.

(7)

Revocation of permit. Any conditional use permit granted pursuant to the provisions of this division shall contain a condition providing for the revocation of said permit if:

a.

Open areas and recreational facilities are not preserved and maintained;

b.

Automobile storage space and adequate access thereto is not preserved and maintained; or

c.

Any taxes or assessments on the common elements are not paid within the period required by law.

(Ord. No. 24-03, § 2, 9-17-24)

In addition to the procedures for submittal and review of a conditional use permit outlined in article V, division 6 of this chapter, the following procedures shall apply to all projects initiated pursuant to this division:

(1)

Pre-application meeting. Prior to the filing of an application for a conditional use permit, the developer or subdivider should meet with the community development director or designated representative to discuss the proposed project so that the necessary subsequent steps may be undertaken with a clear understanding of requirements for development under this division.

(2)

Administrative review. Subsequent to filing an application for a conditional use permit, the community development director shall review the preliminary plans submitted by the applicant with other city officials including, but not limited to, the city engineer, city attorney, assistant community development director, and fire chief. These officials shall submit their recommendations in writing to the community development director. Upon receipt of these recommendations, a meeting with the developer or subdivider shall be scheduled at which time the administrative recommendations will be made known to the developer or subdivider.

(Ord. No. 24-03, § 2, 9-17-24)

In addition to the procedures for submittal and review of a conditional use permit outlined in article V, division 6 of this chapter, the following additional information shall also be required of planned unit developments:

(1)

General development plan(s) with at least the following details shown to scale and dimensioned:

a.

The location and use(s) proposed for each existing and proposed structure in the project area as well as the number of stories, gross building area and approximate location of entrances;

b.

All existing and proposed curb cuts, driving lanes, streets, alleys and parking, loading, storage and refuse pickup areas;

c.

All pedestrian walks and open areas for common use;

d.

Types of surfacing treatment proposed for all walks, streets and driveways;

e.

Types of landscaping elements proposed for the project including fences and screen planting; and

f.

All existing and proposed physical features such as hydrants, utility facilities, drainage facilities and recreational facilities.

(2)

A boundary survey map of the project (a tentative subdivision map may be substituted for this requirement if the applicant proposes to subdivide the property).

(3)

A map showing existing topography of the project area with contours at one (1) foot intervals, and grading plans if grading is contemplated.

(4)

A subdivision map (tract map or parcel map) shall be required for the creation of a planned unit development.

(5)

Access and maintenance. An agreement for access and maintenance for all facilities used in common shall be submitted as part of the subdivision map for approval and recordation.

a.

All areas of planned unit developments with five (5) or more parcels subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated.

b.

Planned unit development with four (4) or less parcels subject to a reciprocal access and/or maintenance easement may execute a maintenance agreement in lieu of requiring an association.

c.

A maintenance agreement shall be formed, composed of and executed by all property owners, to maintain all common areas and appurtenances such as trees, landscaping, water treatment facilities, trash, parking, driveways, drive aisles, walkways, private water lines, meters, etc. Each owner and future property owners shall automatically become members of the agreement and shall be subject to a proportionate share of the maintenance and related costs. The maintenance agreement shall be recorded as a covenant and agreement to run with the land. The subdivider shall submit a copy of this agreement, once recorded, to the planning division for placement in the subdivision file.

(4)

Statements in writing of all declarations, restrictions, covenants, or methods of managing the project and maintaining the common areas and elements located therein.

(Ord. No. 24-03, § 2, 9-17-24)

Modification of the requirements of this division may be granted by the city council when it determines that such modification will not be detrimental to the subject development, adjacent properties or the public interest. However, no modification shall be granted from the density or total open space area requirements specified in this division.

(Ord. No. 24-03, § 2, 9-17-24)

Where the procedures and requirements of this division will better implement the general plan or other goals or policies of the city as determined by the city council, a planned unit development may be used for a commercial, industrial, mixed land use, or public project. In such case, the open space requirements and other standards of this division may be waived by the council.

(Ord. No. 24-03, § 2, 9-17-24)

It is the intent of this division to provide standards for the use of manufactured homes on private lots or in manufactured home parks to achieve the following purposes:

(1)

To supplement the zone regulations applied to manufactured homes with additional standards and procedures which will promote a satisfactory living environment for residents of manufactured homes and other types of factory-built housing within the city.

(2)

To better facilitate utilization of manufactured homes as a housing resource.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Application of section. The provisions of this section apply to manufactured homes permitted by section 29-53 that are on a permanent foundation located on a private lot for use as single-family residences.

(b)

Effect of locating a manufactured home on a permanent foundation. A manufactured home which has been placed on a private lot and on a permanent foundation system pursuant to these regulations shall be subject to local property taxation.

(c)

Requirement for placing a certified manufactured home on a private lot.

(1)

Eligibility. A manufactured home that was constructed after September 15, 1971, and was issued an insignia of approval by the state department of housing and community development or a manufactured home that has been certified under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.) may be located on a private lot only upon compliance with the requirements set forth below.

(2)

Requirements. Any eligible manufactured home shall comply with the following requirements when located on a private lot:

a.

Alterations in violation of applicable codes are not permitted;

b.

A unit shall only be occupied as a residential use;

c.

All provisions of this chapter applicable to residential structures shall apply;

d.

Attachment to a permanent foundation system in compliance with the provisions of section 18551 of the California Health and Safety Code shall be required;

e.

The exterior cover material shall be consistent with the exterior cover material used on conventional dwellings. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation;

f.

The roof shall have a pitch of not less than two (2) inches of vertical rise for each twelve (12) inches of horizontal run and consist of shingles or other material customarily used for conventional dwellings.

g.

The roof shall have an overhang of not less than one (1) foot measured from the vertical side of the manufactured home. When carports, garages, porches, or similar structures are attached as an integral part of the manufactured home, the community development director may waive the eave requirement where the accessory structure is attached to the manufactured home.

(3)

Site plan. A site plan shall be provided for review by the assistant community development director of the city. Said site plan shall include architectural elevations as needed to show compliance with the design requirements of this section.

(4)

Building permit. Prior to installation of a manufactured home on a permanent foundation system, the manufactured home owner or a licensed contractor shall obtain a building permit from the assistant community development director. To obtain such a permit, the owner or contractor shall comply with all requirements of section 18551(a) of the California Health and Safety Code.

(5)

Cancellation of registration. The owner shall comply with the regulations established pursuant to section 18551(b) of the California Health and Safety Code for cancellation of registration of a manufactured home. The owner shall also comply with the provisions of section 18550(b) of the California Health and Safety Code.

(6)

Approval for occupancy. The assistant community development director shall determine that the proposed project is in compliance with all applicable requirements and conditions prior to issuing final approval for occupancy.

(7)

Modification of requirements. Unless otherwise specified, no modification may be granted from these requirements specified in title 25 of the California Code of Regulations, which are not subject to local modification.

(d)

Use of a manufactured home on a private lot. Manufactured homes qualify as accessory dwelling units and for other typical single-family uses including day care homes (small and large) as stipulated in the California Government Code.

(Ord. No. 24-03, § 2, 9-17-24)

A manufactured home park may be authorized where permitted by the zone, upon issuance of a conditional use permit and subject to the following standards:

(1)

General standards.

a.

Minimum area. A manufactured home park shall be not less than five (5) acres in area.

b.

Density. A manufactured home park shall conform to the applicable density requirements of the underlying zone.

c.

Factory-built housing. Factory-built housing may be permitted in a manufactured home park and shall be attached to a permanent foundation system and conform to all other requirements of section 18611 of the California Health and Safety Code.

(2)

Development standards.

a.

Compatibility with adjacent land uses. The manufactured home park shall be designed and developed in a manner compatible with, and complementary to, existing and potential residential development in the immediate vicinity of the project site. Site planning on the perimeter shall give consideration to protection of the property and its residents from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development.

b.

Setback: perimeter. Manufactured homes and buildings within a manufactured home park shall maintain the following setbacks:

1.

Those established by the setback regulations applicable to the property.

2.

A side yard and rear yard setback from the exterior boundary of the manufactured home park equal to the height above grade of the closest manufactured home or other structure.

3.

A setback of twenty (20) feet from any street along the exterior boundary of the manufactured home park.

c.

Setbacks: recreation use area. No common active recreational area or facility within the manufactured home park shall be permitted within one hundred (100) feet of any external boundary that adjoins, or is separated only by a boundary street from, land in any residential zone.

d.

Open space. At least one (1) substantial area of group usable open space shall be provided. Such area shall total at least two hundred fifty (250) square feet per dwelling unit, have a minimum dimension of one hundred (100) feet, and include outdoor recreational facilities for both active and passive recreation.

e.

Recreational facilities. Completely enclosed indoor recreation facilities shall be provided and consist of not less than ten (10) square feet per dwelling unit.

f.

Interior access drives. Interior private access drives shall be paved with at least two (2) inches of asphaltic concrete to a width of not less than twenty-five (25) feet. All corners shall have a minimum twenty-five (25) foot radius.

g.

Storage area. Common storage areas shall be provided with an enclosed fenced area for residents of the manufactured home park to store RVs, trailers, travel trailers, and other licensed or unlicensed vehicles. This area shall total not less than fifty (50) square feet for each manufactured home lot. All storage on a manufactured home lot shall be in accordance with the provisions of title 25 of the California Code of Regulations.

h.

Sewer and water. Each manufactured home lot in a manufactured home park shall be provided with water and sewer connections in accordance with title 25 of the California Administrative Code of Regulations.

i.

Undergrounding. All sewer and water facilities, electric, gas, telephone, and television signal distribution systems shall be placed underground.

j.

Antennae. A master antenna television (MATV) system shall be provided with underground cable service to at least all manufactured homes and other buildings containing dwelling units. This MATV system shall be provided at no charge for service. This requirement may be alternatively met by the provision of an underground cable television (CATV) system by a licensed CATV operator. No other television antennae shall be permitted unless authorized by the conditional use permit.

k.

Fire protection. On- and off-site fire hydrants and other fire protection facilities shall be installed as specified in the conditional use permit and shall be of a type approved by the city fire code official.

l.

Night lighting. Artificial light shall be provided and maintained for walks, driveways, parking areas, and other facilities as specified in title 25 of the California Code of Regulations to assure safe and convenient nighttime use.

m.

Access. Each manufactured home park shall have direct vehicular access from a publicly maintained street. This requirement does not apply to the expansion of an existing manufactured home park when adequate access is obtained through an existing portion of the manufactured home park.

(3)

Manufactured home lot development standards.

a.

Density of occupation. Each manufactured home lot shall be designed for occupation by one (1) single-family manufactured home and uses accessory thereto. For the purposes of this section, a manufactured home lot refers to either a leased or rented space within the park or a lot created through the subdivision process.

b.

Lot size. Each manufactured home shall be placed on a lot not less than three thousand (3,000) square feet in net lot area, However, a maximum twenty-five (25) percent of the lots within a manufactured home park may be not less than one thousand eight hundred fifty (1,850) square feet in net area and designated for manufactured homes not more than fourteen (14) feet in width.

c.

Lot coverage. Not more than seventy-five (75) percent of the area of a manufactured home lot shall be covered by the manufactured home and its accessory structures, including covered porches, carports and storage buildings.

d.

Setback from interior access drive. Each manufactured home lot shall have a front yard setback of not less than five (5) feet extending the entire width of the manufactured home lot. A front yard will be measured from the nearest element of the manufactured home or any manufactured home accessory structure to the closest edge of the interior access drive.

e.

Side yard. Each manufactured home lot shall have a side yard of not less than three (3) feet in width along the entire length of the manufactured home lot in accordance with title 25 of the California Code of Regulations.

f.

Rear yard. Each manufactured home lot shall have a rear yard of not less than three (3) feet in width along the entire length of the manufactured home lot in accordance with title 25 of the California Code of Regulations.

g.

Access. All manufactured home lots and recreation facilities shall have access only from an interior access drive.

h.

Manufactured homes on a permanent foundation. No dwelling unit shall be placed on a permanent foundation in a manufactured home park where tenants rent or lease spaces to accommodate their individually owned units. This provision shall not apply to the following: Subdivided manufactured home parks; manufactured home parks where the dwelling units are not owned by the tenants; nor manufactured home parks where the minimum term of lease for a space is fifty-five (55) years.

(4)

Modification of standards. Modification of the standards of this section may be granted by the community development director if he or she determines that such modification would not be detrimental to the subject development, adjacent properties and residents, the public interest, or the intent of the general plan. No modification shall be granted from any requirements specified in title 25 of the California Code of Regulations that are not subject to local modification.

(5)

Accessory uses and structures. The following accessory uses and structures may be permitted in manufactured home parks provided that they conform to the requirements of title 25 of the California Code of Regulations:

a.

Convenience structures. Permitted structures include, but are not limited to: Awnings; portable, demountable, or permanent cabanas; storage cabinets and buildings; fences or windbreaks; carports; garages or porches; greenhouses; and lath houses.

b.

Recreational facilities. Permitted facilities include, but are not limited to: Parks, playgrounds, riding and hiking trails, golf courses, lakes, recreational buildings, clubhouses, community centers, and other similar uses and facilities. All such uses and facilities shall be designed for and limited to use by residents of the manufactured home park and their guests.

c.

Public utilities. Public utilities and public service facilities are permitted.

(Ord. No. 24-03, § 2, 9-17-24)

A recreational vehicle (RV) park may be authorized where permitted by the zone, upon issuance of conditional use permit and subject to the following provisions which are established to ensure that RV parks meet minimum standards of habitability for vacationers and short-term residents of the city, and do not adversely impact surrounding property.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Minimum site area. Each RV park shall be located on a parcel of land not less than five (5) acres in area.

(b)

Density of occupation. Occupancy of designated spaces within RV parks is limited to one (1) RV in each space.

(c)

Limitations. Length of occupancy within park spaces shall be regulated as follows:

(1)

For vehicles with total hook-up capacity, including sewer, water and electricity, occupancy is limited to a maximum of two hundred forty (240) days in any twelve (12) month period.

(2)

Persons occupying tents or vehicles with less than total hook-up capacity shall not occupy any space in a RV park for a period exceeding thirty (30) consecutive days in any twelve (12) month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed a total of thirty (30) days in any twelve (12) month period.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Perimeter. The RV park shall be designed and developed in a manner compatible with and complementary to existing and potential development in the immediate vicinity of the project site. Site planning on the perimeter shall give consideration to protection of surrounding areas from potentially adverse effects of the development, especially where problems stemming from water drainage or potential insect breeding sites may occur.

(b)

Perimeter landscaping or fencing. Each RV park shall be entirely enclosed at its exterior boundaries by appropriate decorative screening or landscaping material, provided that any fencing located within a front yard shall be constructed at or behind the required setback.

(c)

Perimeter setback. All designated RV spaces and park buildings shall maintain the following: a minimum front yard of twenty (20) feet; a side street setback of fifteen (15) feet; and a side and rear yard of twenty-five (25) feet, except where abutting a recreational facility or area of permanent open space, in which case the required setback shall be specified in the conditional use permit.

(d)

Minimum size of spaces. Each designated RV space within a RV park shall be not less than one thousand (1,000) square feet in area. However, a maximum of twenty-five (25) percent of said spaces may be provided at not less than six hundred fifty (650) square feet in area for the accommodation of tents and small camping units only.

(e)

Individual campground space setbacks.

(1)

Each RV or tent occupying a designated RV space and all accessory buildings shall maintain a six (6) foot setback from any building, or other travel trailer, RV or tent, pursuant to title 25 of the California Code of Regulations.

(2)

No RV or tent shall be permitted to locate less than six (6) feet from any abutting property.

(3)

No RV or tent shall be located less than fifteen (15) feet from any street right-of-way.

(f)

Landscaping. All setbacks from streets and other areas in a RV park not used for driveways, parking, buildings and service areas shall be landscaped in accordance with the requirements of the conditional use permit. Walls, earthen berms, and landscaped buffer strips shall be used where feasible to minimize noise from highway sources.

(g)

Portable accessory structures. Accessory structures or fixtures shall be permitted, provided that such structures or fixtures are portable.

(h)

Interior roadways. Private streets within a RV park shall have the following minimum clearance widths. Adequate roadway space for turn-arounds shall be provided.

(i)

Off-street parking. Parking spaces in an RV park shall be provided in accordance with the parking regulations outlined in division 5 of article III of this chapter, or as specified by the conditional use permit.

(j)

Utilities. All utilities, including cable television lines, shall be placed underground.

(k)

Locational map. Each RV space in a RV park shall be clearly identified and a locational map shall be provided at the park office.

(l)

Trash collection. Common storage enclosures for garbage and trash shall be provided. Such enclosures shall be of sturdy construction and designed to screen trash and garbage receptacles from public view.

(m)

Lighting. Adequate artificial lighting shall be provided for all walkways, streets, parking areas, sanitary facilities, storage areas, and recreational facilities. No lighting shall be constructed or positioned so as to cause direct or undesirable illumination of adjacent property or RV spaces within the park.

(n)

Sanitary facilities. Sanitary facilities for an RV park shall be provided in accordance with title 25 of the California Code of Regulations, and shall include:

(1)

The availability of a potable water supply from a public utility or a distributor holding a valid permit from the state.

(2)

Sewer connections to RV spaces in accordance with the requirements of chapter 5, title 25 of the California Code of Regulations and as approved by the assistant community development director.

(3)

A trailer sanitation station designed and constructed in accordance with title 25 of the California Code of Regulations.

(4)

Toilets, showers and lavatories for the exclusive use of the occupants of the recreational park shall be provided as required by title 25 of the California Code of Regulations.

(5)

Laundry facilities provided in accordance with the requirements of title 25 of the California Code of Regulations.

(o)

Storage facilities. Storage facilities may be provided for the storage of vehicles belonging to park occupants. Storage areas shall be paved and enclosed by a solid wall or fence not less than six (6) feet in height.

(p)

Recreation facilities. A RV park shall provide areas for active recreation and assembly as follows:

(1)

Indoor recreation and assembly. A minimum of ten (10) square feet per RV space shall be provided within an enclosed building or buildings for indoor recreation and assembly. This may include areas for dancing, card playing, hobby or craft activities, exercise, or games.

(2)

Outdoor recreation. A minimum of one hundred (100) square feet per RV space shall be provided for common outdoor recreation areas. At least one (1) area of recreation open space within the RV park shall be a minimum of two thousand five hundred (2,500) square feet in size with a minimum dimension of twenty-five (25) feet. Uses within the outdoor recreation area may be passive or active. Such area or areas shall be appropriately landscaped and at least one (1) suitable shade structure shall be provided.

(3)

The above requirements for recreation facilities may be waived for RV parks which are accessory to a hotel or motel which provides equivalent recreation facilities for use by RV park occupants.

(Ord. No. 24-03, § 2, 9-17-24)

Modification of the standards of this division may be granted by the planning commission or city council when it determines that such modification will not be detrimental to the public interest; provided however, no modification shall be granted from any applicable requirements specified in title 25 of the California Code of Regulations which are not subject to local modification.

(Ord. No. 24-03, § 2, 9-17-24)

An RV park may include the following accessory uses, provided such uses are designed to be clearly accessory to the RV park and intended for the convenience of the occupants and their guests:

(1)

Assembly and recreation. A building or buildings designed for indoor assembly and/or recreation.

(2)

Commercial services. Commercial structures and uses such as a general store, restaurant, lunch counter, and/or snack bar.

(Ord. No. 24-03, § 2, 9-17-24)

If permitted by the planning commission, recreation facilities of an RV park, such as a golf course and clubhouse, may be open for use by the general public on a fee or membership basis. If such public use is permitted, additional parking shall be provided based on the parking requirements identified in article III, division 5 of this chapter.

(Ord. No. 24-03, § 2, 9-17-24)

The purpose of the density bonus program is to provide density bonuses, incentives, and/or concessions for the private development of affordable housing for very low-, low-, and moderate-income households, seniors, students, and other populations in accordance with state law. Density bonuses for qualified residential development shall be provided as specified in California Government Code sections 65915 through 65918.

(Ord. No. 24-03, § 2, 9-17-24)

Temporary uses support economic vitality, provide benefits to residents and businesses, and offer unique venues for retail, recreation, and entertainment. Temporary uses can attract interest, activate spaces, add character, and increase pedestrian traffic to an area, which can extend economic benefits to all commercial activities within that area. However, temporary activities and events, if unregulated, can have an adverse effect on the public health, safety and welfare due to noise, traffic, safety, and health hazard impacts.

It is the intent of this division to require a temporary use permit for certain uses which are customarily provided on a seasonal or temporary basis, and to ensure that such uses are conducted in a manner that minimizes potential problems of unsightliness, traffic congestion or incompatibility with surrounding permanent land uses.

(Ord. No. 24-03, § 2, 9-17-24)

The following Table 29-225.1 contains a list of temporary uses along with their allowable duration and frequency.

(Ord. No. 24-03, § 2, 9-17-24; Ord. No. 25-05, § 4, 10-21-25)

(a)

Except as hereinafter provided, a temporary use permit shall be required for the uses listed in section 29-225. The temporary use permit shall be filed with and approved or denied by the community development director and may be subject to a filing fee and refundable deposit. The director may place conditions on the temporary use permit, such as buffers, hours of operation, maintenance, lighting, improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, and traffic circulation. Specified conditions must be deemed reasonable and necessary to protect the health, safety, or general welfare, including but not limited to the following:

(1)

The temporary use shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

(2)

The temporary use shall not have substantial adverse noise impacts on nearby residential uses. No temporary use permit holder shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loudspeaker, radio or amplifying system where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, alleys, parks or other public places.

(3)

Permanent alterations to the site are prohibited.

(4)

If the property is developed, the site of the temporary use shall contain an area that supports the temporary use without encroaching into or creating a negative impact on existing buffers, open space, landscaping, pedestrian and vehicular traffic movements (including emergency vehicle access), and parking space availability.

(5)

If the property is undeveloped, the site of the temporary use shall contain sufficient land area to allow the temporary use to occur, as well as any parking and traffic movement that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers.

(6)

Temporary structures shall be located so as to not interfere with the normal operations of any permanent use located on the property.

(7)

The temporary use shall not violate any applicable conditions of approval that apply to the principal use on the site.

(8)

Off-street parking shall be adequate to accommodate the proposed temporary use.

(9)

All approved temporary signs associated with the temporary use shall be removed when the activity ends.

(10)

All inspections and permits required by applicable construction codes have been approved and passed.

(11)

If playgrounds are included they shall be reviewed and regulated as part of the temporary use permit.

(12)

Fencing and screening shall be reviewed and regulated as part of the temporary use permit.

(13)

All merchandise and equipment must be removed from the temporary location by noon on the day after the date the permit expires, and all accompanying litter shall be cleared from said location on or before said time.

(14)

Vacant lots used for temporary activating uses shall be maintained free of weeds, dry brush, dead vegetation, trash, garbage, junk, debris, building materials, vehicles, cars, boats, campers, any accumulation of newspapers, circulars, flyers, notices (except those required by federal, state or local law), discarded personal items, including but not limited to, furniture, clothing, large and small appliances, graffiti, tagging or similar markings. The property owner or other responsible person must inspect the property at reasonable intervals or take other reasonable steps to ensure that there is no dead or dying vegetation, litter, weeds, graffiti, debris or materials accumulating on the property.

(15)

Vacant buildings used for temporary activating uses must comply with building and fire codes.

(b)

The following uses and activities are exempt from the requirement to obtain a temporary use permit, provided they conform to all standards and conditions listed in section 29-226(a) and obtain applicable special event permits:

(1)

Contractors' offices and storage yards on the site of an active construction project.

(2)

Manufactured home residences provided for security purposes on the site of an active construction project, which shall be subject to review by the assistant community development director for proper set-up and utility connection.

(3)

Special events permit. This permit is processed through the community services department and provides a uniform procedure for temporary public and private events, which includes community events (e.g., parade, farmers market, walk-a-thon, festival), as defined in section 29-34, "S" definitions.

(4)

Emergency public health and safety facilities established by a public agency.

(5)

Events held exclusively on city property and that are in conjunction with the city use.

(6)

Events held exclusively at a school site that are in conjunction with the school use.

(7)

Events held exclusively on religious institution or facility site and that are in conjunction with that religious institution or facility use.

(8)

Garage and yard sales held on private property, in compliance with chapter 16, article XIV.

(c)

Appeals process pursuant to article V division 10 of this chapter.

(Ord. No. 24-03, § 2, 9-17-24)

Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used only in accord with the provisions of this chapter.

(Ord. No. 24-03, § 2, 9-17-24)

Where buildings, uses or lots which were lawful prior to the adoption of, revision or amendment to this chapter, but which fails by reason to such adoption, revision or amendment, to conform to the present requirements of this chapter, it is the purpose and intent of this division to declare such buildings, uses and lots to be nonconforming and to limit their enlargement, re-establishment after abandonment, or restoration after destruction, for the purpose of protecting the public health, safety, and general welfare.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

A use lawfully occupying a structure or a site, that does not conform with the provisions of this chapter regarding use, property development standards, or performance standards for the zone in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this division.

(b)

A structure, lawfully occupying a site, that does not conform with the property development standards for front yard, side yards, rear yard, height, coverage, or distances between structures, for the zone in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this division.

(c)

Routine maintenance and repairs may be performed on a structure or site when the use or structure has been deemed to be nonconforming.

(d)

An existing legal lot shall not be deemed nonconforming if it does not meet the minimum lot width, depth or lot size for the zone in which it is located.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

No structure, the use of which is nonconforming, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except as otherwise provided in this division.

(b)

No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, nor in such a way as to displace any conforming use occupying a structure or site, except as provided in this division.

(c)

No nonconforming structure shall be altered or reconstructed so as to extend or increase the discrepancy between existing conditions and the property development standards for the zone in which the structure is located. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the property development standards for the zone in which the structure is located.

(d)

No use which fails to meet the performance standards of the zone in which it is located shall be enlarged or extended nor shall have equipment replaced that results in failure to meet performance standards unless the enlargement, extension, or replacement will result in elimination of the nonconformity with performance standards.

(e)

An application for a permit to create accessory dwelling units and junior accessory dwelling units shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling units and junior accessory dwelling units.

(Ord. No. 24-03, § 2, 9-17-24)

Whenever a nonconforming use has been discontinued or changed to a conforming use for a continuous period of one hundred eighty (180) calendar days or more, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use, unless the community development director is notified in writing of the intent to resume and has approved a schedule for resumption of said use.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Whenever a structure which does not comply with the property development standards for front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the zone in which the structure is located, or the use of which does not conform with the performance standards for the zone in which it is located, is destroyed by fire, flood, wind, earthquake, war, riot, or other calamity, to the extent of fifty (50) percent or less, the structure may be restored to its original or conforming dimensions and the nonconforming use may be resumed, provided that restoration does not result in a greater degree of nonconformity than existed prior to destruction and is started within one (1) year and diligently pursued to completion. When such destruction exceeds fifty (50) percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the property development standards for the zone in which it is located; the nonconforming use shall not be resumed.

(b)

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the assistant community development director and shall be based on the minimum cost of construction in compliance with the Uniform Building Code.

(Ord. No. 24-03, § 2, 9-17-24)

A conditional use permit may be granted by the planning commission for conversion of a nonconforming use to another nonconforming use provided that the commission finds that the proposed nonconforming use will not have a greater adverse impact on the surrounding area than the existing or former nonconforming use.

(Ord. No. 24-03, § 2, 9-17-24)

Except as otherwise permitted by this chapter, nonconforming uses shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity within the time period specified as follows:

(1)

Commercial and manufacturing uses in residential zones. In residential zones, commercial and manufacturing uses shall be discontinued or altered as prescribed, as follows:

a.

Type 1 and 2 construction (as defined in the Building Code): twenty (20) years.

b.

Type 3 and 4 construction (as defined in the Building Code): fifteen (15) years.

c.

Type 5 construction (as defined in the Building Code): ten (10) years.

d.

When said nonconforming use is removed from the land, at or before the end of the amortization period, every future building and use shall be in conformity with the provisions of this chapter.

e.

The prescribed time period shall apply regardless of any change in the existing commercial or manufacturing use except pursuant to a conditional use permit in accordance with article V, division 6 of this chapter.

(2)

Open uses. A nonconforming use of land in any zone where no buildings are involved, or the only buildings employed are accessory or incidental to such use shall, when deemed by the council to be detrimental to the public health, safety and welfare, be completely terminated or so altered so as to be in conformity with the provisions of the zone within five (5) years.

(3)

Nonconforming off-street parking and loading facilities. Existing buildings with off-street parking or loading facilities not in conformance with the provisions of this chapter may expand or add facilities, provided the requirements for off-street parking and loading space are complied with for such expansion or added facilities.

(4)

Nonconforming outdoor storage. Existing uses involving outside storage not conforming to the provisions of this chapter shall within two (2) years be brought into conformity with the requirements of this chapter, provided that if the uses on the premises are expanded or the building so altered as to require a building permit, the owner shall comply with the applicable provisions at that time.

(5)

Nonconformity with performance standards. The use of land, buildings or structures that do not meet the standards of performance for said use or the standards for equipment employed in the operation of said use as required by this chapter shall be brought into conformity with said standards within a period of one (1) year.

(6)

By order of city council. In any zone, any nonconforming use or structure may be ordered terminated by the city council within a period of time less than specified above upon a finding that such use constitutes a nuisance or a danger to the public health, safety or general welfare that necessitates a lesser amortization period.

(Ord. No. 24-03, § 2, 9-17-24)

When the community development director determines the existence of nonconforming uses listed in section 29-238 and notifies the owner by certified or registered mail of the provisions and dates for compliance with the provisions of section 29-238, the time periods prescribed shall commence. Thereafter, annual notification shall be given in the same manner as the first notification. The city clerk shall record at the office of the county recorder any notice of termination of a nonconforming use.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Purpose. It is the purpose of this division to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this division have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this division 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 division to condone or legitimize the distribution of obscene material.

(b)

Findings and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the city council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); and Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Tollis, Inc. v. County of San Diego, 505 F.3d 935 (9th Cir. 2007); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); Dream Palace v. Maricopa County, 384 F.3d 990 (9th Cir. 2004); Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Talk of the Town v. City of Las Vegas, 343 F.3d 1063 (9th Cir. 2003); Deja Vu-Everett-Federal Way, Inc. v. City of Federal Way, 46 Fed. Appx. 409 (9th Cir. Aug. 20, 2002); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Ellwest Stereo Theatres, Inc. v. Wenner, 681 F.2d 1243 (9th Cir. 1982); Tily B., Inc. v. City of Newport Beach, 69 Cal. App. 4th 1 (Cal. Ct. App. 1998); Sundance Saloon, Inc. v. City of San Diego, 213 Cal. App. 3d 807 (Cal. Ct. App. 1989); E.W.A.P., Inc. v. City of Los Angeles, 65 Cal. Rptr. 2d 325 (Cal. Ct. App. 1997); City of National City v. Wiener, 838 P.2d 223 (Cal. 1990); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); Deja vu of Nashville, Inc. v. Metropolitan Gov't of Nashville & Davidson County, 466 F.3d 391 (6th Cir. 2006); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Davis v. Gates, No. 91-56174, 1992 U.S. App. LEXIS 22417 (9th Cir. 1992); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; Jackson County, Missouri - 2008; New York, New York Times Square - 1994; and the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the City Council finds:

(1)

Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, noise, traffic, urban blight, litter, and sexual assault and exploitation.

(2)

Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one (1) area.

(3)

Each of the foregoing negative secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the city's rationale for this division, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the city's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the city. The city finds that the cases and documentation relied on in this division are reasonably believed to be relevant to said secondary effects.

The city hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.

(Ord. No. 24-03, § 2, 9-17-24)

For purposes of this division, the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.

Adult bookstore or adult video store means a commercial establishment which, as one (1) of its principal business activities, offers for sale or rental for any form of consideration any one (1) or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas."

A "principal business activity" exists where the commercial establishment:

(1)

Has a substantial portion of its displayed merchandise which consists of said items, or

(2)

Has a substantial portion of the wholesale value of its displayed merchandise which consists of said items, or

(3)

Has a substantial portion of the retail value (defined as the price charged to customers) of its displayed merchandise which consists of said items, or

(4)

Derives a substantial portion of its revenues from the sale or rental, for any form of consideration of said items, or

(5)

Maintains a substantial portion of its interior business space for the display, sale, and/or rental of said items (aisles and walkways used to access said items shall be included in "interior business space" maintained for the display, sale, or rental of said items, or

(6)

Maintains an "adult arcade," which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are characterized by their emphasis upon matter exhibiting "specified sexual activities" or "specified anatomical areas."

Adult motion picture theater means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas" are regularly shown to more than five (5) persons for any form of consideration.

Characterized by means describing the essential character or quality of an item. As applied in this division, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

City means the City of El Centro, California.

Establish or establishment shall mean and include 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; or

(3)

The addition of any sexually oriented business to any other existing sexually oriented business.

Hearing officer means an attorney, not otherwise employed by the city, who is licensed to practice law in California, and retained to serve as an independent tribunal to conduct hearings under this division.

Influential interest means any of the following:

(1)

The actual power to operate the sexually oriented business or control the operation, management or policies of the sexually oriented business or legal entity which operates the sexually oriented business;

(2)

Ownership of a financial interest of thirty (30) percent or more of a business or of any class of voting securities of a business; or

(3)

Holding an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates the sexually oriented business.

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, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

Operator means any person on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business.

Person shall mean individual, proprietorship, partnership, corporation, association, or other legal entity.

Premises means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a sexually oriented business license.

Regularly means the consistent and repeated doing of an act on an ongoing basis.

Semi-nude or state of semi-nudity means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.

Semi-nude model studio means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi-nudity did so in a class operated:

(1)

By a college, junior college, or university supported entirely or partly by taxation;

(2)

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

(3)

In a structure:

a.

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

b.

Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class.

Sexual device means any three (3) dimensional object designed for stimulation of the male or female human genitals, anus, buttocks, female breast, or for sadomasochistic use or abuse of oneself or others and shall include devices commonly known as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple clamps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.

Sexual device shop means a commercial establishment that regularly features sexual devices. This definition shall not be construed to include any pharmacy, drug store, medical clinic, any establishment primarily dedicated to providing medical or healthcare products or services, or any establishment that does not limit access to its premises or a portion of its premises to adults only.

Sexually oriented business means an "adult bookstore or adult video store," an "adult motion picture theater," a "semi-nude model studio," or a "sexual device shop."

Specified anatomical areas means and includes:

(1)

Less than completely and opaquely covered: human genitals, pubic region; buttock; and female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activity means any of the following:

(1)

Intercourse, oral copulation, masturbation or sodomy; or

(2)

Excretory functions as a part of or in connection with any of the activities described in (1) above.

Substantial means at least thirty-five (35) percent of the item(s) so modified.

Transfer of ownership or control of a sexually oriented business shall mean any of the following:

(1)

The sale, lease, or sublease of the business;

(2)

The transfer of securities which constitute an influential 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.

Viewing room shall mean the room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, videocassette, digital video disc, or other video reproduction.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Location standards. It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in the city:

(1)

In a zone other than a zone in which sexually oriented businesses are a permitted use; or

(2)

Within one thousand (1,000) feet of another sexually oriented business or any church, school, public park, public playground, or residential zone.

(b)

Measurement. Distance, without regard to intervening structures, shall be measured as follows:

(1)

A straight line measured between the closest exterior structural walls of any two (2) sexually oriented businesses.

(2)

A straight line measured from the closest exterior structural wall of the sexually oriented business to the closest property line of a church, school, public park, public playground, or residential zone.

(c)

Nonconforming uses. Notwithstanding anything to the contrary in this Code, any sexually oriented business located within the city on the date this section become effective, which does not conform to this section, shall be terminated within twelve (12) months of the date this provision becomes effective. Provided, however, that a nonconforming sexually oriented business may apply for an extension of the amortization period, based upon a showing of financial hardship. The extension, if granted, shall not exceed one (1) year. An application for a hardship extension shall be made at least sixty (60) days before the conclusion of the original twelve (12) month amortization period.

(d)

Procedure for seeking hardship extension. An application for a hardship extension shall be filed in writing with the city planning and zoning director, and shall include evidence of purchase and improvement costs, income earned and lost, depreciation, and costs of relocation. Within ten (10) days after receiving the application, the director shall schedule a public hearing on the application before the hearing officer, which public hearing shall be conducted within thirty (30) days after the director's receipt of the application. Notice of the time and place of such public hearing shall be sent via U.S. mail to the applicant, and shall be published in a newspaper of general circulation published within the city, at least ten (10) days before the hearing. The notice shall contain the particular location for which the hardship extension is requested. The hearing officer shall issue a written decision within ten (10) days after the public hearing on the application for a hardship extension. A hardship extension shall be approved only if the hearing officer makes all of the following findings:

(1)

The applicant, prior to the effective date of this section, made a substantial investment in the property or structure on or in which the nonconforming sexually oriented business is conducted; and

(2)

Such property or structure cannot be readily converted to another, conforming use; and

(3)

The applicant will be unable to recoup said investment as of the date established for termination of the use; and

(4)

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this section.

(Ord. No. 24-03, § 2, 9-17-24)

This division and each section and provision of said division hereunder, are hereby declared to be independent divisions and subdivisions and, not withstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of said division, or the application thereof to any person or circumstance is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently of such section or provision so known to be invalid. Should any procedural aspect of this division be invalidated, such invalidation shall not affect the enforceability of the substantive aspects of this division.

(Ord. No. 24-03, § 2, 9-17-24)

This division is enacted to establish a consistent set of standards regulating the placement and design of all types of communication facilities in the incorporated areas of the city. These standards are intended to protect and promote public health, safety, community welfare and the unique visual character of the city by encouraging the orderly development of communication infrastructure. It is the intent of the city council that these regulations serve to:

(1)

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

(2)

Encourage the location of towers and regeneration facilities in nonresidential areas;

(3)

Minimize the number of towers throughout the community;

(4)

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

(5)

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

(6)

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

(7)

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

(8)

Consider the public health and safety impacts of communication towers;

(9)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. All towers are to be engineered for the environment in which they are to be located and for the expected loading;

(10)

Encourage the due consideration of the city's general plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennae;

(11)

Minimize the amount of private infrastructure systems in public rights-of-way; and

(12)

Implement California Government Code section 65850.6 and section 65964 and section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 ("Spectrum Act"), as interpreted by the Federal Communications Commission's ("FCC"), which requires a state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in substantial change to the physical dimensions of such tower or base station.

(Ord. No. 24-03, § 2, 9-17-24)

The following definitions shall apply to this section:

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

Amateur radio (HAM) facility means a wireless communication facility operated by a federally-licensed amateur radio operator as part of the amateur radio services.

Amateur radio (HAM) operator means a person holding a written authorization to be the control operator of an amateur radio facility. This authorization shall be in the form of a license or permit issued by the Federal Communications Commission or a foreign national or multi-national license or permit recognized by treaty as valid in the United States.

Amateur radio (HAM) service means radio communication services, including the amateur-satellite service and the amateur service, which are for the purpose of self-training, intercommunication and technical investigations carried out by amateurs who are duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest, as defined in title 47, Code of Federal Regulations, part 97 and regulated there under.

Antenna means any system of towers, poles, panels, rods, wires, drums, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. The distinction is made between the support structure and the antenna(e) mounted thereon. See also "satellite dish" or "satellite antenna."

Backhaul network means the lines that connect a provider's towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Base station means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.

The term "base station" does not encompass a tower as defined herein or any equipment associated with a tower. The term "base station" includes, without limitation:

i.

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

ii.

Radio transceivers, antennas, coaxial or fiber-optic cable regular and backup power supplies and comparable equipment, regardless of technological configuration (including distributed antenna systems ["DAS"] and small-cell networks).

iii.

Any structure other than a tower that, at the time the relevant application is filed the city under this section, supports or houses equipment described in paragraphs i. and ii. that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

The term "base station" does not include a structure that, at the time the relevant application is filed with the city under this section, does not support or house equipment described in subsections i.and ii. of this definition.

Broadband means pertaining to a transmission system or facility with an information bandwidth capacity greater than a single voice channel (3 kHz).

Broadcast means to transmit a signal for direct reception by the general public.

Camouflaged tower means any telecommunication tower that due to design or appearance to the extent possible hides, obscures, or conceals the presence of the tower and antennae.

Cell means a geographic area covered by a single cellular, ESMR or PCS transmitter.

Cellular network means a system providing mobile telephone services through all the cells in a coverage area. A coverage area consists of multiple adjacent cells operating on slightly different frequencies. Calls are "handed-off" from one (1) cell to the next as a mobile unit moves from cell to cell. This is the fundamental innovation that has allowed for the development of cellular, ESMR and mobile PCS services.

Cellular telephone system means a mobile radio system that connects subscriber hand held devices to each other through the cellular network and with wire line telephones through the public switched network.

Collocation means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Collocation facility means the placement or installation of wireless facilities, including antennae, and related equipment, on, or immediately adjacent to, a wireless telecommunication collocation facility.

Commercial private wireless communication facility means a wireless communication facility operated by a for-profit business for its own internal purposes and without supplying access to members of the general public. See, by contrast, "noncommercial wireless communication facility" and "commercial public wireless communication facility."

Commercial public wireless communication facility means a wireless communication facility operated by a for-profit business whose business is provision of wireless communication services to subscribers or the general public. See by contrast, "noncommercial wireless communication facility" and "commercial private wireless communication facility."

Commercial wireless communication facility means a wireless communication facility operated by a for-profit business, and includes commercial private wireless communication facilities and commercial public wireless communication facilities.

Communication facility means a facility, site or location that contains one (1) or more antennae, telecommunication towers, alternative support structures, satellite dish antennae, other similar communication devices and support equipment which is used for transmitting, receiving or relaying telecommunications signals.

Eligible facilities request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

i.

Collocation of new transmission equipment;

ii.

Removal of transmission equipment; or

iii.

Replacement of transmission equipment.

Eligible support structure means any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the city under this section.

Enhanced specialized mobile radio service (ESMR) means a specialized mobile radio service (SMR) system (see definition below) which utilizes digital cellular technology to enable wide-area coverage as well as interconnection with other users and the cellular and public switched (landline) telephone networks.

Existing means a constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, provided that a tower that has not been reviewed and reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for the purposes of this section.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Federal Communications Commission (FCC) means the federal regulatory agency established and provided for in title 47, U.S. Code, and charged with regulation of communication by wire and radio (which includes broadcast and non-broadcast communication of any type).

Gigahertz (GHz) means a unit of measurement of radio frequency equal to one billion (1,000,000,000) Hertz (cycles per second). One (1) gigahertz is equivalent to one thousand (1,000) megahertz (MHZ). Microwave frequencies are usually expressed in gigahertz.

Ground-mounted antenna means an antenna, which is attached to a support structure resting on the ground, and has an overall height not greater than fifteen (15) feet above finished grade at the base of the structure. This definition includes antennae, which are sometimes referred to as "post mounts" and "ground builds."

Grouped facility means the installation of several wireless communication facilities owned and/or operated by two (2) or more entities or separate structures or towers within a single parcel and with each facility no more than one hundred (100) feet from at least one (1) other facility.

Guyed tower means a telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

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

Kilohertz (kHz) means a unit of measurement of radio frequency equal to one thousand (1,000) Hertz (cycles per second). One thousand (1,000) kilohertz is equivalent to one (1) megahertz (MHZ). AM and short-wave broadcast frequencies are usually expressed in kilohertz.

Lattice tower means a telecommunication tower that consists of vertical and horizontal supports and crossed metal braces which is entirely self-supporting.

Megahertz (MHZ) means a unit of measurement of radio frequency equal to one million (1,000,000) Hertz (cycles per second). One thousand (1,000) kilohertz is equivalent to one (1) megahertz, and one thousand (1,000) megahertz is equivalent to one (1) gigahertz. FM and TV broadcast frequencies and VHF and UHF communication frequencies are usually expressed in megahertz.

Monopole means a telecommunication tower of a single pole design.

Noncommercial wireless communication facility means a wireless communication facility operated by a government agency, a nonprofit organization, or a private citizen for personal use. It includes all amateur radio facilities. See, by contrast, "commercial wireless communication facility".

Nonconforming means any pre-existing telecommunications facility that was in existence prior to the adoption of this division and that has not been issued a conditional use permit or was issued a conditional use permit prior to the adoption date of this division. This definition shall only apply to this specific division and shall not apply to other provisions of this chapter.

Operator means any person or organization that controls the operation and maintenance of a wireless communication facility.

Paging means a wireless communication service that communicates a limited message to subscriber units which are relatively small and can be carried on the subscriber's person. Current paging systems are one-way (subscriber receives the message) but future systems can be two-way in nature. Paging systems are not considered "real time" interactive systems.

Personal communications services (PCS) means digital wireless services that offer high quality voice and data communication.

Platform means a support system that may be used to connect antennae and antenna arrays to telecommunication towers or alternative support structures.

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

Radio is a generic term for communication of sound, data, or energy by means of electromagnetic wave propagation. For regulatory purposes "radio" includes the popular terms "television" and "microwave". The term "wireless" is interchangeable with "radio" and is the popular term in several other English-speaking countries and some translations.

Radio frequency (RF) means a description pertaining to the electromagnetic spectrum between the audio frequency portion and the infrared portion.

Radio frequency exposure professional means a certified professional electrical engineer, health physicist or other technical expert with an understanding of the effects and measurement of exposure of the human body to radio frequency energy. Such professional must have substantial professional experience performing environmental measurements of radio frequency (RF) exposure and preparing radio frequency exposure evaluation reports for a variety of entities.

Regeneration facility means a structure, equipment or facility that primarily is used to enhance the transmission of the system by "boosting" or "upgrading" the signal being transmitted through wire, fiber optic or other media. It generally includes ground-based equipment housed in an unmanned shelter that requires electricity and communication connections. This term may also mean repeater facilities or amplification facilities.

Roof-mounted means an antenna that is mounted directly to, or on a support structure mounted to, the roof or otherwise on the top most level or levels of a building exterior.

Satellite dish means an antenna incorporating a reflective surface that is solid, open mesh, or bar configured to form a shallow dish, cone, horn or cornucopia used to transmit and/or receive electromagnetic signals to or from a satellite. This definition includes antennae that are sometimes called "SES, "TYRO," "TVBS," and "DBS" antennae.

Satellite transmission means a communication system involving signals sent to ("uplink") and/or by ("downlink") an orbiting communication relay satellite.

Satellite dish means a device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TYRO's and satellite microwave antennae.

Site means, for towers other than towers in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted that area in proximity to the structure and to other transmission equipment already deployed on the ground.

Specialized mobile radio (SMR) means a radio system in which licensees provide land mobile communication services in the 800 MHZ and 900 MHZ bands on a commercial basis to entities eligible to be licensed in the private radio services (Part 90 of the FCC Rules), federal government entities and individuals. See also "enhanced specialized mobile radio system (ESMR)".

Spectrum Act refers to section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act, 47 USC § 1455(a) (providing in part, "a state or local government may not deny, and shall approve, any eligible facilities request for a modification of any existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.").

Stealth mount means a way of mounting an antenna that hides the antenna by making it appear to be a part of a structure, tree or other natural object.

Structure-mounted means any antenna which:

(1)

Is not attached to a dedicated support structure resting on the ground; and

(2)

Is attached to a building, billboard, tank, sign, utility pole, or other structure. This definition includes antennae sometimes referred to as facade mounts and sign mounts.

Substantial change means a modification substantially changes the physical dimension of an eligible support structure if it meets any of the following criteria:

i.

For towers other than towers in the public right-of-way, it increases the height of the tower no more than ten (10) percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structure, it increases the height of the structure by more than one hundred five (105) or more than ten (10) feet, whichever is greater;

ii.

For towers other than towers in the public right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

iii.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public right-of-way and base stations, it involves the installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

iv.

It entails any excavation or deployment outside the current site;

v.

It would defeat the concealment elements of the eligible support structure; or

vi.

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs (i)—(g) of this section.

Telecommunication facility means a facility, site or location that contains one (1) or more antennae, telecommunication towers, alternative support structures, satellite dish antennae, other similar communication devices and support equipment which is used for transmitting, receiving or relaying telecommunications signals excluding those facilities exempted under section 29-258.

Telecommunication support facility means telecommunication equipment buildings and equipment cabinets.

Telecommunications tower means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennae, including camouflaged towers, lattice towers, guy towers or monopole towers. This includes radio and television transmission towers, microwave towers, and common-carrier towers. It shall exclude alternative support structures and those facilities exempted under section 29-258.

Tower means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Tower-mounted means any antenna which is attached to a tower and has an overall height greater than ten (10) feet above finished grade at the base of the structure. This definition includes antennae that are sometimes referred to as "monopoles," "lattice towers" and "guyed towers."

Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber optic cable, and regular and backup power supply. The term "transmission equipment" includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Wireless communication means electronic communication using radio signals sent between two (2) or more points.

Wireless communication facility means any antenna, associated equipment, base station, small cell system, tower, and/or transmission equipment.

Wireless telecommunications collocation facility means a wireless telecommunications facility that includes collocation facilities.

Wireless telecommunications facility means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services. Receive only radio and television antennae and satellite dishes or antennae are excluded from this definition.

Wire line communication means electronic communication using physical connections such as wire cables or fiber optics to transmit signals between two (2) or more points.

(Ord. No. 24-03, § 2, 9-17-24)

This division shall apply to all types of communication facilities including but not limited to: towers, regeneration facilities, amplification facilities, and repeater facilities, whether sited on the ground, or elevated on towers or structures.

(1)

New towers and antennae. All new replacement, or re-permitted towers, antennae or facilities in the city shall be subject to these regulations, except for exemptions provided under section 29-258. "Re-permitted" shall mean renewal of a permit at any one (1) of the sites originally approved in the conditional use permit, and shall also mean a facility for which a conditional use permit has expired but is being permitted again by either the same or another owner operator, which may be done by the planning commission and city council.

(2)

Regeneration, repeater, amplification facilities. This division shall regulate all new, replacement or re-permitted facilities.

(3)

Amateur radio station operators/receive only antennae. This division shall not govern any tower, or the installation of any antenna, that is under sixty (60) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennae.

(4)

Preexisting towers or antennae. Preexisting towers, pre-existing facilities and preexisting antennae shall not be required to meet the requirements of this division, unless and/or until the facility is altered, repaired in excess of fifty (50) percent of its base value and/or is re-permitted.

(5)

AM array. For purposes of implementing this division, an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(Ord. No. 24-03, § 2, 9-17-24)

The following communication facilities shall be exempt from this division, and shall be permitted without review by the community development director or planning commission, provided that the following specified conditions are met:

(1)

Receive-only radio and television antennae, including satellite dishes, provided that:

a.

The antennae meet all height, setback, lot coverage and other limitations on structures in its zone;

b.

The antennae are not installed between a public street and a structure;

c.

If the facility installed is less than twelve (12) feet high above ground level, except for roof mounted meeting the requirements contained herein; and these requirements do not:

1.

Unreasonably delay or prevent the installation, maintenance or use;

2.

Unreasonably increase the cost of installation, maintenance or use; or

3.

Preclude reception of an acceptable signal.

(2)

Temporary communication facilities providing public information coverage of a news event, provided that they are set up for a period of seventy-two (72) hours or less.

(3)

Cell on wheels (COW) and cell on light truck (COLT) facilities replacing a damaged facility and/or meeting the public need in the event of a public emergency or disaster declared by the city or other governmental authority, or as approved by the community development director on a case-by-case basis. As a temporary facility this may also be used for events such as large gatherings, rodeos and fair-type activities, the duration not to exceed the duration of the event.

(4)

Temporary crank-up towers up to one hundred twenty (120) feet erected for a duration of forty-eight (48) hours or less for the purposes of testing.

(5)

Amateur radio station facilities provided that all antennae and supporting structures meet the following requirements:

a.

Only one (1) amateur radio station facility shall be installed on any single parcel, and all fixed radio equipment, antennae and antenna support structures so installed shall be included as part of that single facility.

b.

All fixed radio equipment, antennae and antenna support structures shall comply with setback, lot coverage and other standards, except height, required in its zone.

c.

Multiple antennae shall be grouped so as not to exceed sixteen (16) square feet in area when feasible.

d.

All small diameter (less than twenty-four (24) inches) antennae such as satellite dishes or other small antennae providing communication services to residential uses.

(6)

Facilities or systems that at the time of adoption of the ordinance enacting this division have a signed development agreement or a franchise agreement or a legally binding contract with the jurisdiction responsible for permitting the facility or system.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Pursuant to state law (Government Code § 65850.6 and § 65964) and the Middle Class Tax Relief and Job Creation Act of 2012, further known as the Spectrum Act, collocation facilities shall be permitted uses within any zone, subject to a building permit as described in section 29-260(4) provided that a site plan review is completed as described in sections 29-304—29-306.

(1)

The site plan review application for an eligible facilities request shall include the following:

a.

The applicant must identify whether the applicant believes the application is eligible for an eligible facilities request subject to Government Code section 65850.6 and section 65964 or the Spectrum Act, and if so, provide a detailed explanation as to why the applicant believes that the application qualifies as an eligible facilities request.

b.

The applicant shall complete the city's application form, as may be amended from time to time.

c.

Payment of a reasonable fee prescribed by resolution.

(2)

Type of review. Upon receipt of an application for an eligible facilities request pursuant to this chapter, the community development department shall review such application to determine whether the application so quantifies.

(Ord. No. 24-03, § 2, 9-17-24)

All new or re-permitted telecommunication towers and all wired or fiber regeneration facilities within the city shall meet the following general requirements, regardless of the zone in which they are located. Exempt facilities under section 29-258 and collocation facilities under section 29-259(a) are not subject to the general requirements of section 29-260.

(1)

Conditions of approval. As a condition of approval of an application for a permit for construction or reconstruction for a development project for a wireless telecommunications facility, as defined in California Government Code section 65859.6, the city shall not do any of the following:

a.

Require an escrow deposit for removal of a wireless telecommunications facility or any component thereof. However, a performance bond or other surety or another form of security may be required, so long as the amount of the bond security is rationally related to the cost of removal. In establishing the amount of the security, the city shall take into consideration information provided by the permit applicant regarding the cost of removal.

b.

Unreasonably limit the duration of any permit for a wireless telecommunications facility. Limits of less than ten (10) years are presumed to be unreasonable absent public safety reasons or substantial land use reasons. However, the city may establish a build-out period for a site.

c.

Require that all wireless telecommunications facilities be limited to sites owned by particular parties within the jurisdiction of the city.

(2)

Zones. Wireless communication facilities, wireless telecommunication facilities, and wireless telecommunications collocation facilities may be located in all zones which allow such facilities, upon approval of a conditional use permit as described below.

(3)

Use permit required. All telecommunications towers and all wired or fiber regeneration facilities require a conditional use permit (CUP). To obtain a conditional use permit, a duly noticed public hearing is required before the planning commission and city council as provided for in article V, division 6 of this chapter.

(4)

Building permit required. All communication facilities shall require a building permit issued by the city.

(5)

Design consistency with the surrounding environment. To the maximum extent feasible, all wireless communication facilities and all regeneration facilities shall blend with the predominant features of the existing natural and/or built environments in which they are located. Toward this end, collocation, stealth mounts, structure mounts and ground mounts are particularly encouraged.

(6)

Height. All communication facilities shall conform to the following height requirements:

a.

All wireless communication facilities, wireless tele-communications facilities, and wireless telecommunications collocation facilities shall be subject to the maximum building height requirements of the applicable zone as specified in this section unless a variance is approved concurrent with a conditional use permit.

b.

All communication facilities constructed within three-quarters (¾) of a mile of a designated scenic corridor (as designated by the general plan) shall conform to the height limit of the zone in which they are located. Collocation facilities may exceed their zones height limit, provided that the installation of the collocation facility does not require a height increase of the existing wireless telecommunications collocation facility.

c.

Outside of the three-quarter (¾) mile range of a designated scenic corridor, no communication facility may exceed one hundred twenty (120) feet. A bonus of twenty (20) additional feet per facility, up to a maximum height of two hundred (200) feet, is permissible for collocation facilities on a single wireless telecommunications collocation facility.

d.

No roof-mounted wireless communication facility may be more than twelve (12) feet taller than the roof of the building on which it is mounted, unless the facility is fully screened and height does not exceed height permitted by applicable zone.

e.

If an operator wishes to apply for an exception to these height limitations, then the facility shall be subject to the provisions of this chapter relating to conditional use permits and variance hearing processes.

(7)

Screening. All communication facilities shall be screened to the maximum extent possible pursuant to the following requirements:

a.

Ground- and tower-mounted antennae and all sound structures shall be located within areas where substantial screening by vegetation, landform and/or buildings can be achieved. Additional vegetation and/or other screening may be required as a condition of approval. Each structural screening shall be based on a recommendation from the community development director having addressed the visual impacts, which in some instance may, in fact, warrant no screening.

b.

The projection of structure-mounted antennae from the face of the structure to which they are attached shall be minimized and shall not project across any property line.

c.

Roof-mounted antennae shall be set back from the edge of the roof a distance greater than or equal to the height of the antenna, except when the antennae are fully screened. For roof-mounted antennae, a screening structure that is architecturally compatible with the building on which it is mounted may also be required as a condition of approval. Antenna panels mounted flush on the outside of the parapet wall of an existing building and painted to match the exterior of the building may be allowed.

(8)

Radio frequency exposure. No communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no communication facility or combination of facilities shall produce, at any time, power densities that exceed the current FCC adopted standards for human exposure to RF fields. Certification that a facility meets this standard is required. A copy of the certification from the FCC shall be submitted to the city.

(9)

Cabling. For structure-mounted antennae, all visible cabling between equipment and antennae shall be routed within the building wherever feasible, or on the roof below the parapet wall. Cabling on the exterior of a building or monopole shall be located within cable trays painted to match the structure. All cabling shall be performed in accordance with the applicable NEC (National Electrical Code).

(10)

Painting and lighting. All facilities shall be painted or constructed of materials to minimize visual impacts. All towers shall be painted in non-reflective and preferably earth tone colors. All towers may be required to be illuminated with lighting as required by the FAA and the county airport land use commission, if applicable.

(11)

Noise. All communication facilities shall be designed to minimize noise impacts to surrounding land uses. If a facility is located in or within one hundred (100) feet of a residential zone, noise attenuation measures shall be included to reduce noise levels to a maximum exterior noise level of fifty (50) Ldn at the facility's site property lines.

(12)

Accessory structures. Enclosures and cabinets housing equipment related to a wireless communication facility shall meet setback and height restrictions for such structures in the zone where located. Such structures shall appear architecturally compatible (as determined by the community development director evaluating the facility on the basis of color and materials) with their surroundings and be designed to minimize visual impacts. To meet this requirement, underground vaults may be required.

(13)

Street and parking. Communication facilities shall have access to public streets and parking areas as necessary and shall use existing streets and parking areas whenever possible.

(14)

Provisions for future collocation. All commercial communication facilities shall be encouraged to promote future facility and site sharing. Technical evidence will be provided as to the infeasibility, either technically and/or economically, of collocation or grouping prior to the issuance of a new use permit for a facility that would not be considered to be co-located or grouped under this division. Proposals for the placement of collocation facilities on existing wireless telecommunication collocation facilities are subject to the requirements of section 29-259.

(15)

Removal upon discontinuation of use. All equipment associated with a communication facility shall be removed within one hundred eighty (180) days of the discontinuation of the use and the site shall be restored to its original preconstruction condition. The operators agreeing to such removal and allowing the city access across private property to effect such removal shall be a condition of approval of each permit issued. At its discretion, the city may require a financial guarantee acceptable to the city to ensure removal.

(16)

Principal or accessory use. Antennae and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(17)

Lot size. For purposes of determining whether the installation of a facility complies with city development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennae or towers may be located on lease parcels within such lot. This shall also take into consideration the height of the tower in the event of a failure whereby it could fall thereby crossing property lines.

(18)

Inventory of existing sites. Each applicant for a facility shall provide to the community development director an inventory of its existing towers, antennae, or sites approved for facilities, that are either within the jurisdiction of the city or within one (1) mile of the border thereof, including specific information about the location, height and design of each facility. The community development director may share such information with other applicants applying for administrative approvals or conditional use permits under this division or with other organizations seeking to locate facilities within the jurisdiction of the city provided, however, that the community development director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(19)

Aesthetics. Towers and antennae shall meet the following requirements:

a.

Towers shall either maintain a galvanized steel finish, or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obstructiveness.

b.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(20)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views and community.

(21)

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 antennae. If such standards and regulations are changed, then the owners of the towers and antennae governed by this division shall bring such towers and antennae into compliance with such revised standards and regulations as mandated by the controlling state or federal agency. Failure to bring towers and antennae into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(22)

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 (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(23)

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the incorporated areas of the city according to the provisions of this chapter for the respective base zone.

(24)

Not essential services. Towers and antennae shall be regulated and permitted pursuant to this division and shall not be regulated or permitted as essential services, public utilities or private utilities.

(25)

Franchises. Owners and/or operators of towers or antennae shall certify that all franchises required by law for the construction and/or operation of a communication system in the city have been obtained and shall file a copy of all required franchises with the community development director.

(26)

Public notice. For purposes of this division, any conditional use permit request, variance request, or appeal of an administratively approved permit shall require public notice to all adjoining property owners and all property owners of properties that are located within the corresponding separation distance listed for a conditional use permit or variance in the respective zone, under this chapter, in addition to any notice otherwise required by the community development director, planning commission or city council.

(27)

Signs. No signs shall be allowed on an antenna or tower except as may be required by law or another permitting or licensing agency.

(28)

Buildings and support equipment. Buildings and support equipment associated with antennae or towers shall comply with requirements of this chapter.

(29)

Multiple antennae/tower plan. The city encourages the users of towers and antennae to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

(Ord. No. 24-03, § 2, 9-17-24)

Certain communication facilities may be conditionally approved by the administrative committee, as described below in this section. The duty of the administrative committee established by this section shall be considered additional authorized duty as permitted by section 29-298 of this chapter.

(1)

Qualifying facilities. The following types of communication facilities qualify for a use permit before the administrative committee:

a.

Receive-only radio and television antennae and satellite dishes or antennae that do not qualify for exemption under section 29-258, including multiple antennae or dishes on a single parcel.

b.

Amateur radio facilities that do not qualify for exemption under section 29-258. When required, a conditional use permit before the administrative committee shall be granted to amateur radio operators with no fee.

c.

Communication facilities installed on publicly owned property, regardless of zone, provided they hold an executed license or lease agreement.

(2)

Required findings. In order for the administrative committee to approve a proposed communication facility under a conditional use permit, the administrative committee shall make the findings required for a conditional use permit, as well as, the following additional findings:

a.

The facility complies with all applicable provisions of section 29-260.

b.

The facility either:

1.

Does not require an RF environmental evaluation report as described in section 29-260(8); or

2.

The RF environmental evaluation report for the facility shows that the cumulative radiofrequency energy emitted by the facility and any near-by facilities will be consistent with FCC regulations.

c.

The facility blends in with its existing environment and will not have significant adverse visual impacts.

(3)

Administrative approval process. The administrative committee may administratively approve a proposed communication facility by using the following process:

a.

Each applicant for administrative approval shall apply to the community development director providing the information and fees.

b.

The administrative committee shall review the application and determine if the proposed use complies with section 29-261.

c.

The administrative committee shall review each application within sixty (60) days and either approve or deny the application.

d.

In connection with any such administrative approval, the administrative committee may, in order to encourage shared use, administratively waive any setback requirements or separation distances between towers in the base zone by up to fifty (50) percent.

e.

In connection with any such administrative approval, the administrative committee may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

f.

If an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to section 29-261 prior to filing an appeal as described under this chapter.

(4)

List of administratively approved uses. The following uses may be approved by the administrative committee after conducting a review:

a.

Locating a tower, antenna or facility, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or heavy commercial zone or a grouped facility.

b.

Locating antennae on existing structures or towers consistent with the terms of subsections 1. and 2. below.

1.

Antennae on existing structures. Any antenna, which is not attached to a tower, may be approved by the administrative committee as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided:

2.

The antenna does not extend more than thirty (30) feet above the highest point of the structure;

3.

The antenna complies with all applicable FCC and FAA regulations;

4.

The antenna complies with all applicable building codes.

(5)

Antennae on existing towers. An antenna which is attached to an existing tower may be approved by the administrative committee to minimize adverse visual impacts associated with the proliferation and clustering of towers. Collocation of antennae by more than one (1) carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

a.

A tower which is modified or reconstructed to accommodate to collocation of an additional antenna shall be of the same tower type as the existing tower, unless the administrative committee allows reconstruction as a monopole.

b.

Height.

1.

An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower's existing height, to accommodate the collocation of an additional antenna.

2.

The height change referred to in subsection b.1 may only occur one (1) time per communication tower.

3.

The additional height referred to in subsection b.1 shall not require an additional distance separation. The tower's pre-modification height shall be used to calculate such distance separation.

(6)

On-site location.

a.

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty (50) feet of its existing location.

b.

After the tower is rebuilt to accommodate collocation, only one (1) tower may remain on the site.

c.

A relocation on a site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to the base zone. The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands shall only be permitted when approved by the administrative committee.

(7)

New towers in nonresidential zones. Locating any new tower in a nonresidential zone other than industrial or heavy commercial, provided a licensed professional engineer certifies that the tower can structurally accommodate the number of shared users proposed by the applicant; the city council concludes the tower is in conformity with the goals set forth in section 29-255 and requirements of section 29-261 of this division; the tower meets all setback and separation requirements of the base zone; and the tower meets the following height and usage criteria:

a.

For a single user, up to ninety (90) feet in height.

b.

For two (2) to three (3) users, up to one hundred twenty (120) feet in height.

c.

For four (4) or more users up to one hundred eighty (180) feet in height.

(8)

Locating any alternative tower structure in a zone other than industrial or heavy commercial that in the judgment of the administrative committee is in conformity with the purpose set forth in section 29-255.

a.

Installing a cable micro-cell network through the use of multiple low-powered transmitters/receivers attached to existing wire line systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(Ord. No. 24-03, § 2, 9-17-24)

All communication facilities or any facility requesting an exception to these regulations, except collocation facilities, shall require approval of a conditional use permit by the planning commission and final approval by the city council.

(1)

Qualifying facilities. A conditional use permit is required for any communication facility that is not exempt under these regulations and that does not qualify for a conditional use permit before the administrative committee.

(2)

Required findings. In order for the city council to approve a proposed communication facility under a conditional use permit, the planning commission shall make the findings required for a conditional use permit, as well as the following additional findings:

a.

No alternative site or design is available that would allow for issuance of a conditional use permit before the administrative committee for the facility. This finding shall be based on the results of an alternatives analysis, as described in section 29-264 below.

b.

The facility either:

1.

Does not require an RF environmental evaluation report; or

2.

The RF environmental evaluation report for the facility shows that the cumulative radiofrequency exposure emitted by the facility and any near-by facilities will be consistent with FCC regulations.

c.

The facility blends in with its existing environment and will not have significant visual impacts.

(3)

Conditional use permit process. Applications for conditional use permits under this subsection shall conform to the requirements of section 29-261, and shall be subject to the procedures and requirements of article V, division 6 of this chapter.

(4)

Conditions. In granting a conditional use permit, the city council may impose conditions to the extent the city council concludes such conditions are necessary to minimize any adverse effects to adjoining properties. Conditions of approval for an application for a permit for construction or reconstruction for a development project for a wireless telecommunications facility shall not include the prohibited conditions listed in section 29-260(1).

(5)

Professional engineer. Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a state licensed professional engineer.

(6)

Encroachment permits.

a.

Prior to commencing work on city streets, encroachment permits from the engineering department shall be obtained. Plans, specification drawings which depict detail of the extent of work shall be submitted with the application.

b.

The city engineering department will, as a condition of permit issuance, specify trench backfill requirements including, but not limited to, asphalt replacement, depending on the location of the trench.

c.

A fee, intended to cover all of the city's costs associated with issuance of the permit shall be paid prior to issuance of an encroachment permit.

(Ord. No. 24-03, § 2, 9-17-24)

For a facility requiring a conditional use permit before the city council, an alternatives analysis shall be prepared by or on behalf of the operator, as described in this section.

(1)

Alternatives to be considered. The alternatives analysis shall consider alternative locations and designs for the proposed facility, including those which would not require a conditional use permit. At a minimum, alternatives included in the analysis shall include:

a.

Collocation at all existing communication facilities whether in the incorporated area of the city, an adjacent city or the county;

b.

Lower, more closely spaced communication facilities; and

c.

Mounting on any existing non-residential structure within one-half (½) mile of the proposed facility in the incorporated area of the city. The alternatives analyzed shall be approved by the community development director. The analysis shall also explain why siting within the unincorporated area is not possible.

(2)

Findings. The alternatives analysis shall show whether or not the proposed siting and design would have the least possible environmental and visual effects on the community and whether any alternative site or design is available that would allow for issuance of a conditional use permit by the administrative committee.

(3)

Review. The community development director may, at his/her discretion, employ on behalf of the city an independent technical expert to review the alternatives analysis. The operator shall bear all costs for the review.

(Ord. No. 24-03, § 2, 9-17-24)

For a facility requiring review before the planning commission and located within two (2) miles of a designated scenic highway, a visual analysis shall be prepared by or on behalf of the operator, as described in this section. This visual analysis shall demonstrate compliance with provisions of the city's general plan.

(1)

Contents. At a minimum, the visual analysis shall include the following:

a.

A map of the visual units (as defined in the scenic highway element) from which the proposed facility will be visible.

b.

A map of foreground and distant view components.

c.

A narrative discussion of the visual impact of the proposed facility based on the items above.

(2)

Findings. The visual assessment shall compare the proposed facility's visual impacts to the criteria contained in the general plan. It shall make conclusions as to whether the facility would comply with the general plan and suggest changes to the facility that would make it more compatible with the general plan.

(Ord. No. 24-03, § 2, 9-17-24)

In addition to any information required for all applications for conditional use permits pursuant to this division and chapter 29, applicants for a conditional use permit for a tower shall submit the following information:

(1)

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and base zoning, adjacent land uses and zoning (including when adjacent to other municipalities), general plan designation of the site and all properties, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the community development director to be necessary to assess compliance with this division.

(2)

Legal description of the parent tract and leased parcel (if applicable).

(3)

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(4)

The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of existing tower(s).

(5)

A landscape plan showing specific landscape materials and areas to be landscaped, method of irrigation and description of how landscaping would be maintained.

(6)

Method of fencing and finished color, and if applicable, the method of camouflage and illumination.

(7)

A description of compliance with section 29-260, as well as the provisions of all other applicable federal, state and city ordinances.

(8)

A notarized statement by the applicant as to whether the construction of the tower will allow the collocation of additional antennae for future users.

(9)

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the city, other incorporated cities in the county, and the county.

(10)

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures.

(Ord. No. 24-03, § 2, 9-17-24)

To the extent necessary to ensure compliance with adopted FCC regulations regarding human exposure to RF emissions, or upon the recommendation of the community development director, the operator shall modify the placement of the facilities; install fencing, barriers or other appropriate structures or devices to restrict access to the facilities; install signage in English and Spanish, including the radio-frequency hazard warning symbol identified in ANSI C95.2-1982 and multi-lingual warnings if deemed necessary by the community development director to notify persons that the facility could cause exposure to RF emissions; and/or implement any other practice reasonably necessary to ensure that the facility is operated in compliance with adopted FCC RF emission standards.

(Ord. No. 24-03, § 2, 9-17-24)

If the FCC RF emission standards are modified, the operator shall ensure that the facility is reevaluated for compliance with the new standards, and a re-certification statement prepared by a radio-frequency exposure professional shall be submitted by the operator to the community development director prior to the effective date of the new FCC RF emission standards. For an amateur radio station facility, self-certification of compliance by the amateur radio station license is acceptable if permitted by FCC regulations and conducted under standards and procedures set forth by the FCC.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

General term. Permits for communication facilities issued under these regulations, with the exception of any permit for a wireless telecommunications facility, shall generally be valid for three (3) years, unless such term is changed through the permitting process.

(b)

Revocation. If the conditions of a conditional use permit granted under this division are not complied with, the conditional use permit may be revoked pursuant to this chapter.

(c)

Renewal. All permits, regardless of the method by which they were originally given, may be extended administratively by the administrative committee upon verification of the permit holder's continued compliance with the findings and conditions of approval under which the application was originally approved. As a part of the renewal process, the community development director or his/her designee may require submission of certification by a radio-frequency exposure professional that the facility is being operated in accordance with all applicable FCC standards for RF emissions. At its discretion, the administrative committee may require a public hearing for renewal of a permit for a communication facility under a conditional use permit procedure, excluding proposed collocation facilities described in subsection 29-259(a).

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Facilities permitted prior to adoption of these regulations. Communication facilities that obtained valid permits from the city and/or were constructed prior to the enactment of this division are not subject to these regulations. However, facilities that require renewal will be renewed under these regulations, and any facilities operating with existing permits, or facilities that are not permitted and require or which are proposed for modification must acquire new permits under these regulations. The administrative committee and/or the planning commission in making its determination on the applicability of anyone or all of these sections shall take into consideration the technical feasibility of the compliance required. To that extent the administrative committee and/or the planning commission shall have the latitude to consider alternatives that are reasonable, that would affect similar compliance and that provide for uniform application to all similar facilities. For existing wireless telecommunications collocation facilities on which a subsequent collocation facility is a permitted use subject to a building permit pursuant to section 29-259(a), a conditional use permit shall not be required.

(b)

Not expansion of nonconforming use. Towers that are constructed and antennae that are installed in accordance with the provisions of this division shall not be deemed to constitute the expansion of a nonconforming use or structure.

(c)

Rebuilding damaged or destroyed nonconforming towers or antennae. Notwithstanding section 29-269(b), bona fide nonconforming towers or antennae that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit. The type, height and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the current applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.

(Ord. No. 24-03, § 2, 9-17-24)

The provisions of this ordinance are hereby declared to be severable. If any provision, clause, word, sentence or paragraph of this ordinance, or the application thereof, to any person, establishment or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this ordinance.

(Ord. No. 24-03, § 2, 9-17-24)

Emergency shelters shall be permitted in accordance with state law and development standards for the zone in which they are located, as well as the following requirements:

(a)

Location. No emergency shelter shall be located within three hundred (300) feet of another emergency shelter.

(b)

Size.

(1)

An emergency shelter shall include no more than fifty (50) beds, serving no more than fifty (50) people.

(2)

At least one hundred fifty (150) square feet of sleeping area shall be provided for each bed.

(c)

Length of stay.

(1)

The maximum length of stay at any one (1) time for any person shall be six (6) months in any twelve (12) month period.

(d)

Off-street parking.

(1)

Two (2) spaces per facility plus one (1) space for each employee, provided that no more parking is required than for other residential or commercial uses in the same zone. Emergency shelters must also provide adequate provisions for loading and unloading or pick-up and drop-off zones.

(2)

Non-operational and non-registered vehicles shall not be kept on the site.

(e)

Client intake areas.

(1)

Emergency shelters shall include an interior client waiting and intake area that is at least two hundred fifty (250) square feet or large enough to accommodate up to twenty-five (25) percent of the maximum number of shelter residents.

(2)

Any exterior waiting areas shall be screened and covered and shall not obstruct the public right-of-way.

(f)

Safety and security.

(1)

Adequate lighting shall be provided in all parking and exterior waiting areas.

(2)

No one shall be allowed to camp or sleep outside emergency shelters, including in vehicles parked.

(3)

Nighttime security staff, or electronic cameras with video monitors that can be viewed by nighttime staff, shall monitor the exterior of emergency shelters, including parking and exterior waiting areas.

(4)

Emergency shelters that accommodate more than one (1) gender shall provide separate sleeping and bathroom areas for each gender, and separate lounge areas for each gender when provided. When possible, separate areas should also be provided to accommodate families.

(g)

On-site management.

(1)

Emergency shelters shall be operated by a government agency, private, or nonprofit organization that is authorized to provide emergency shelter services.

(2)

When required by state law, emergency shelters shall be registered and licensed.

(3)

Emergency shelter operators shall maintain a written facility management plan that includes:

i.

Services offered at the site.

ii.

Maximum capacity at the site.

iii.

Number and qualifications of staff required for day and night shifts.

iv.

Behavior guidelines for residents and staff.

v.

Facility maintenance standards.

vi.

Site safety and security measures.

vii.

Emergency plan.

(h)

Amenities. Emergency shelters may also provide one (1) or more of the following amenities for residents:

(1)

Central cooking, dining, and lounge areas.

(2)

Laundry facilities.

(3)

Indoor and/or outdoor recreation areas.

(4)

Counseling and other supportive services.

(5)

Secure storage areas for personal possessions.

(6)

Pet accommodations.

(Ord. No. 24-03, § 2, 9-17-24)