Only lawful uses may be legally established, operated, or maintained on land or in a building within the City of Escondido.

It is unlawful, prohibited, and a violation of this code for a person to manage, operate, or materially contribute to a use which constitutes an unlawful use. "Unlawful use" means any primary or accessory use which is not a lawful use.

A person maintains and operates an unlawful use if the person: (a) is an owner or partial owner of the unlawful use; (b) holds an equity or other legal interest in the unlawful use which gives the holder managerial control in the operation of the unlawful use; or (c) is a primary manager of the unlawful use, whether or not on-site. A person operates or materially contributes to an unlawful use if the person: (a) is an on-site manager of the unlawful use during any period that the unlawful business is open; (b) is hired to provide or otherwise provides security at the unlawful use; or (c) is an employee at or worker in any way associated with the unlawful use. For purposes of this paragraph, an employee or worker is a person who provides on-site work or services for the benefit of the unlawful use (whether or not hired by the unlawful use as an employee) during a period when there are no more than two persons present at the site of the unlawful use (other than security) who are performing work for the benefit of the unlawful use.

Enforcement against an unlawful use may occur using any or all available legal means, including without limitation, the issuance of administrative citations, civil proceedings, nuisance proceedings, or criminal proceedings.

The site should be 20,000 square feet or more in area;

All buildings, structures and landscaping should be compatible with surrounding developments;

The buildings should be designed, situated or landscaped so that sounds from church activities will not carry into surrounding properties.

The project site involves an existing church located within a multifamily residential zone with a density of 12 du/acre or greater;

The parking incentive request is in conjunction with a conditional use permit;

The parking on site with the proposed project does not result in a higher ratio than currently exists;

Adequate pedestrian amenities (sidewalks, crosswalks, etc.) exist or will be provided in the surrounding area;

On-street parking is available along the project frontage; and

Sufficient documentation can be provided indicating that at least 40% of the congregation lives within one mile radius of the church and that operational measures will be implemented to minimize vehicular traffic, including, but not limited to, limiting hours of operation, minimizing peak-traffic uses from occurring concurrently, and encouraging ridesharing and pedestrian traffic.

All swimming pools constructed after the effective date of the ordinance codified in this article shall be subject to the front yard and side yard setback requirements as set forth in the applicable zoning regulation, but in no case shall a swimming pool be located closer than five feet from any property line.

Tanks, heating, filtering and pumping equipment shall be subject to the front yard and side yard setback requirements of the applicable zone, except that such accessories may be located within such required yards if installed entirely below the finished grade of the site and covered with a permanent protective cover. In the rear yard, tanks, filtering and pumping equipment must provide at least a five foot separation to the rear lot lines.

No single pool or combination of pools or spas shall cover more than 50% of the required lot area, pursuant to section 33-1079.

Every swimming pool shall be enclosed by a natural barrier, wall, fence and/or other structure having a minimum height of five feet and constructed or situated so as to prevent unauthorized entrance thereto. Such fence, structure or wall shall not occupy a front yard required by applicable zoning regulations but may occupy a side or rear yard so required;

Swimming pools require the following measures against drowning or injury:

The establishment requesting outdoor dining shall conform to all sections of the Municipal Code. Outdoor dining areas not in compliance with the required provisions of this article operating prior to October 5, 1994, may continue provided: (A) continuous existence; and (B) use of the outdoor dining area can be demonstrated to the satisfaction of the director department and no violations of state, federal or health and safety regulations exist.

All outdoor dining furniture, including tables, chairs, umbrellas and planters, shall be movable. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor heaters, amplified music or speakers shall be reviewed at the time of application.

No signage shall be allowed in the outdoor dining area, except for the name of the establishment on an awning or umbrella valance.

The outdoor dining area may only serve food and beverages prepared or stocked for sale by the adjoining indoor eating establishment, provided that the service of alcoholic beverages solely for on-premises consumption by customers within the area of the outdoor dining area has been licensed by the state authorities to sell such beverages for consumption within the outdoor dining area.

The area in which the outdoor dining area is located shall be delineated from parking spaces, drive aisles, and sidewalks by a barrier consisting of railings, fences, or walls, or a combination of railings, fences, and walls, and planter boxes that are 42 inches in height or less. Acceptable materials include decorative wrought iron, tubular steel, wood, masonry, or other durable material that is suitable for outdoor use on a permanent basis. A clear, transparent material may be used on top of the barrier, not to exceed a total height of five feet. Awnings or umbrellas may be used in conjunction with an outdoor dining area, which may also be covered with a permanent roof or shelter provided all California Building Code requirements are met. Barriers adjacent to parking stalls or drive aisles shall include reflective materials and shall be designed in a manner so as to provide protection to the outdoor dining area.

The outdoor preparation of food and busing facilities are prohibited at outdoor dining areas. The presetting of tables with utensils, glasses, napkins, condiments and the like is prohibited. All exterior surfaces within the outdoor dining area shall be easily cleanable and shall be kept clean at all time by the permittee. Restrooms for the outdoor dining area shall be provided in the adjoining indoor eating establishment and the outdoor dining seating shall be counted in determining the restroom requirements of the indoor restaurant.

The permittee shall remove all trash and litter as they accumulate. The permittee shall be responsible for maintaining the outdoor dining area, including the floor surface, furniture and adjacent areas in a clean and safe condition.

Hours of operation shall be identical to those of the indoor eating establishment.

No required landscaping shall be eliminated unless replaced on site.

Outdoor dining shall meet current California Building Code and Americans with Disabilities Act requirements for accessibility.

The establishment conforms with all required parking standards. Additionally, no required vehicle parking spaces shall be eliminated in order to accommodate the outdoor dining area unless replaced on site.

Additional parking shall be provided for the area exceeding 300 square feet at a ratio of that required for indoor dining areas. Additional parking shall be provided either on site or along the street fronting the establishment, or through a joint use or other arrangement deemed appropriate by the city.

Landscaping/buffering shall be incorporated into the outdoor dining area subject to planning division approval which may consist of container plants, permanent landscape areas, garden walls, temporary fencing or other satisfactory measures to delineate the area devoted for outdoor dining.

Required building. A permanent structure or building with a minimum of 300 square feet shall be maintained on-site to support the land use activity. The building shall be a permanent structure. The quality of architecture and building materials of all on-site structures shall meet or exceed surrounding structures. Modular or portable buildings, trailers, or mobile homes for this purpose are prohibited.

Amplified sound. The use or installation of a public address system or amplified sound system is prohibited. No loud or boisterous noises are allowed to emanate from the place of business, either by persons congregating there or by the playing of recording instruments, radios, and/or television sets or other sound-producing equipment.

Parking areas. Customer and employee parking areas shall be easily accessible and located separately from vehicle display or storage areas. Ground markings and signs shall clearly indicate the location of customer and employee parking.

The property shall be developed and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants. This shall encompass the maintenance of exterior façades of the building, designated parking areas serving the use, walls and fences and the perimeter of the site (including all public parkways).

That the area controlled by the business is of sufficient size to allow storage or display on-site of no more than two cars in paved and lined spaces no smaller than eight and one-half (8½) feet in width and 18 feet in length.

Display. Vehicles shall not be displayed on any above ground apparatus. The use of temporary structures and/or devices to elevate vehicles above the average grade of the site for display is specifically prohibited. All vehicle inventory must be stored on-site and not in the public right-of-way.

No boutique car sales establishment shall be operated in conjunction with nor share any operating space with any other boutique car sales or car dealership business.

Any lights provided to illuminate any car sales area permitted by this section shall be comparable and of the same intensity to that of the rest of the commercial or industrial area or premises and so arranged to reflect the light away from adjacent properties.

That the area controlled by the business is of sufficient size to allow storage or display of on-site of vehicles in paved and lined spaces no smaller than eight and one-half (8½) feet in width and 18 feet in length. Employee and customer parking of no fewer than three spaces shall be provided at a minimum, provided that one additional employee/customer parking space shall be required for each additional 20 spaces used for storage or display. Additional off-street parking may be required pursuant to Article 39.

Display. All vehicle inventory must be stored on-site and not in the public right-of-way.

Landscaping. The vehicles and other display materials shall be set back five feet from a street and shall not be located in required parking areas. Wheel stops or some other type of protective device shall be provided as necessary to prevent vehicles from damaging fences, walls, buildings or landscaped areas, or from extending across any public or private property lines. A landscape planter a minimum of five feet wide shall be provided along all street frontages, subject to Water Efficient Landscape Standards and street tree planting standards. Said landscaping shall be continuous and include a decorative planter area at the corner of intersecting streets unless a building is located at the corner or otherwise prevents continuity.

All tires, barrels, new or discarded auto parts, vehicles under repair and other storage of materials used or sold on the premises must be stored and maintained inside the building if in a CG commercial zone (section 33-337), M-1 industrial zone (Section 33-571), or similar zone district; or screened from view from adjacent properties and streets by a solid screen barrier in the M-2 industrial zone (section 33-571).

Residential and street adjacency. All new structures shall be oriented to face building, workstation, and service bay entrances, away from abutting residential properties and the public right-of-way to the extent practicable.

Service bays shall be screened from adjacent properties and public view by a wall, fence, hedge or other appropriate plant or landscape material between the service bay and the property line to the extent practicable. Solid fencing or walls shall be constructed of brick, block, stone or frame-stucco. An ornamental masonry wall shall be provided along all property lines that abut property used or zoned for residential purposes. Screening shall minimize the visual impact to the extent appropriate, through means of placement, barrier, or camouflage. Screening shall be designed to blend into the surrounding architecture or landscape so that the object or land use is not apparent to the casual observer. The face of all screen walls facing public rights-of-way shall be landscaped with shrubs, trees, and climbing vines. Use of walls and screening techniques shall meet crime prevention standards and provide graffiti deterrence elements.

Landscaping required. A landscape planter a minimum of five feet wide shall be provided along all street frontages, subject to Water Efficient Landscape Standards and street tree planting standards. Said landscaping shall be continuous and include a decorative planter area at the corner of intersecting streets unless a building is located at the corner or otherwise prevents continuity.

Automobiles that are drivable in their present condition and are awaiting repairs are not considered to constitute "storage." Transported automobiles must be repairable and may be stored on the site if they are intended to be repaired. Vehicles or equipment parked or stored on the site shall not be used as a source of parts and shall not be sold unless the business is also licensed for vehicle or equipment sales. A vehicle that is not in working order shall not be stored on such premises for more than 48 hours, excluding days when business transactions do not take place such as public holidays or the weekend. Vehicles shall not be wrecked or dismantled; shall have hoods, trunks and doors closed.

Tow truck operation incidental to repair. No commercial tow truck, tractor, trailer or semi-trailer, designed to pull or transport passenger automobiles, may be parked on the premises of a "auto supply stores with incidental installations" or "limited auto repair" station or service garage for more than four hours within any 24 hour period, except in case of emergency. Exceptions to exceed the four hour limitation may be granted for "general repair" and "commercial vehicle repair" facilities as determined by the permit review authority. The storage of these trucks must be within an enclosed building or service bay of a commercial or industrial zone (CG, M-1, or M-2); or be located in the rear half of the lot of an industrial zone (M1 or M-2 Zone) and be enclosed by a six foot high solid wall or fence with solid gates.

A vehicle that is not in working order shall not be stored on such premises for more than 48 hours. Vehicles shall not be wrecked or dismantled; shall have hoods, trunks and doors closed; shall not be dirty or dusty; and shall not be parked or stored on public property or public rights-of-way. Junkyards and dismantling services is regulated by Chapter 15 of the Escondido Municipal Code.

Sale prohibited. No vehicle or any component of a vehicle shall be parked on public or private property advertising the vehicle or any other service or merchandise for sale.

Required building. A building shall be required to support tow yard storage services, if the use is maintained as a principal use, consistent with the general development standards of subsection (a) of this section; however, a building is not required to support fleet storage as a principal use.

Screening. Perimeter screening shall be by a solid, uniform fence or wall with a maximum height as specified in the ordinance of the zoning district. Solid fencing or walls shall be constructed of brick, block, stone or frame-stucco. An ornamental masonry wall shall be provided along all property lines that abut property used or zoned for residential purposes. Screening shall minimize the visual impact to the extent appropriate, through means of placement, barrier, or camouflage. Screening shall be designed to blend into the surrounding architecture or landscape so that the object or land use is not apparent to the casual observer. The face of all screen walls facing public rights-of-way shall be landscaped with shrubs, trees, and climbing vines. Use of walls and screening techniques shall meet crime prevention standards and provide graffiti deterrence elements.

Landscaping required. A five foot wide planting area with trees shall be provided along the interior sides of screen wall. A separate landscaped planter shall be provided on-site with a minimum of five feet wide dimensions along all street frontages, subject to Water Efficient Landscape Standards and street tree planting standards.

Tow trucks for tow yard storage. Storage or tow trucks is considered an integral part of the tow truck dispatching service which is the main permitted use. When subject to the conditions of the M-2 Zone or the WM General district of the South Centre City Specific Plan, the storage of these trucks must be located in the rear half of the lot and be enclosed by a six foot high solid wall or fence with solid gates.

Fleet storage as a principal use. Demand analysis and mitigation as specified in section 33-1125 of this article.

Fleet storage as an accessory use. Accessory fleet storage areas must be incidental to a principal land use activity, and the accessory storage is located on the same site or lot as the primary use, and is considered an integral part of that business. Accessory outdoor fleet storage and must be located in a manner that minimizes the visual impact of the fleet storage through means of placement, barrier, or landscape screening to the extent appropriate. Accessory fleet storage shall not include any of the following: (A) a tow truck, tractor, trailer or semi-trailer, designed to pull or transport passenger automobiles; or (B) accessory display of rental, leasable, or for-sale vehicles or equipment. The accessory storage or display of such is permitted only if they are otherwise permitted in the zone in which the facility is located.

Required building. A building is not required to support junkyards and wrecking yard uses.

Screening and landscaping required. Perimeter screening shall be placed along the perimeter of the property by a solid, uniform fence or wall with a maximum height as specified in the ordinance of the zoning district. A five foot wide planting area with trees shall be provided along the interior sides of solid screen wall. A separate landscaped planter shall be provided on-site with a minimum of five feet wide dimensions along all street frontages, subject to Water Efficient Landscape Standards and street tree planting standards.

Demand analysis and mitigation as specified in section 33-1125 of this article.

No alcoholic beverage shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1988;

No advertisement of alcoholic beverages shall be displayed at motor fuel islands;

No sale of alcoholic beverages shall be made from a drive-in window;

No display or sale of alcoholic beverages shall be made from any ice container;

No self-illuminating advertising for beer and wine shall be located on buildings or windows;

Employees selling alcoholic beverages between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age;

All Alcoholic Beverage Control (ABC) regulations shall be complied with at all times.

For the purposes of this article, unless the context clearly requires otherwise, the definitions found in the Medicinal and Adult Use Cannabis Regulation and Safety Act codified at California Business and Professions Code Section 26000 et seq., shall control.

All cannabis activities and uses are expressly prohibited in all zones in the city other than as provided in subsection (c). No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of cannabis related activities or uses in the City of Escondido, and no person or entity shall otherwise establish or conduct such activities in the city.

Personal use. Nothing in this article shall prohibit the personal use of cannabis as specifically provided in California Health and Safety Code Section 11362.1 at a personal residence, provided that the activity or use is wholly contained within the residence and not visible to the public.

Transportation. Nothing in this article shall prevent a duly licensed cannabis business that is in compliance with the Medicinal and Adult Use Cannabis Regulation and Safety Act from transporting cannabis or cannabis products on public roads through the city to another destination outside the city limits. No commercial or medical cannabis business may deliver any product to any residence, office, commercial or any other place in the city limits.

Application. An application for an arts and crafts show permit shall be made to the planning division 60 days prior to advertising for an arts and crafts show. No advertisement of the event shall be conducted until final approval for the event is granted by the City of Escondido. Advertisement of the event prior to city approval shall be grounds for denial of the application. Application shall include the following:

Notice of intended decision. Not less than 15 days prior to the date on which the decision will be made on the application, the director of community development shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 500 foot radius of the exterior boundaries of the residence which is the proposed location for the arts and crafts show. In addition, if the proposed show is within a cul-de-sac street, the residents of the entire cul-de-sac shall receive notice.

Appeal. The applicant or other affected person may appeal the administrative decision of the director of community development to the planning commission which will review the case at a noticed public hearing in accordance with the provision of section 33-1303 of Article 61 of this chapter. The cost of the appeal, if any, shall be borne by the appellant.

Approval of show and subsequent events. Once final approval of the arts and crafts show has been given, the city will send the applicant a letter of approval. The applicant will be required to post the letter of approval in a visible location for display to any city official which may inspect the property during the event.

Prior to conducting subsequent shows the applicant will be required to notify the planning division in writing 60 days prior to advertising of the event. No new application form or fee will be required. If the director of community development determines that significant modifications are proposed, a new application, fee, and approval process will be required. Problems associated with an operation (i.e., parking, nuisance, violation of conditions of approval) will be considered in the approval of future events.

Exemptions. Schools and churches may be exempt from obtaining an arts and crafts show permit if they can demonstrate all on-site parking will remain available to operators and patrons of the show. No on-site parking may be displaced by exhibits or other operations related to the arts and crafts show.

Business license required. A temporary business license shall be required to be obtained from the City of Escondido prior to operation of the arts and crafts show. A minimal fee (approximately $5), and proof of an arts and crafts show permit will be required in order to obtain the business license for operation of an arts and crafts show event. Nonprofit organizations are exempt from this requirement upon demonstration of proof of their non-profit status.

Building and fire codes. All applicable building and fire codes must be met in order to conduct an arts and crafts show from a residential property. The applicant must have at least two fire extinguishers available at all times, and shall insure that all exit areas remain open and unobstructed during the operating hours of the show. The applicant shall agree to allow inspection by the fire department and/or building department at any time during the event.

Hours when permitted—Length of sale—Frequency.

Parking and access.

Property offered for sale or display. No person shall conduct or operate an arts and crafts show at which personal property is offered for sale or display that is not the personally crafted property of the person conducting or operating the arts and crafts show, or the personally crafted property of another person who is known by the person conducting or operating the sale and who has given express consent for the display and sale of such property.

Location of display—Manner. No person operating or conducting any arts and crafts show shall display or permit the display of any property for sale, or place or locate any property, within five feet of the improved portion of any public right-of-way. The improved portion of a public right-of-way includes sidewalks, pathways, curbs, paving, bikeways, and any other portions of the right-of-way used or traveled by the public.

Announcements of shows. No person shall place, post, display or circulate any sign, bulletin, announcement, or other material advertising any arts and crafts show, bazaar, or event except in accordance with the following regulations.

Inspection of site and property. During all reasonable hours and in any reasonable manner, the director of community development (or designee), business license officer, code enforcement officer, or any law enforcement officer, may inspect the site at which an arts and crafts show is being advertised, or the personal property which may be displayed or offered for sale, for the purpose of assuring compliance with the provisions of this chapter.

Findings. In order for the director of community development or the planning commission to grant approval of an arts and crafts permit, the following findings must be made:

A conditional use permit is required for commercial electric generating facilities proposed for the primary purpose of providing electricity to the power grid. Solar-energy systems are exempt from this requirement and design review unless the building official determines the solar-energy system would have a specific, adverse impact upon the public health and safety and there is no feasible method to avoid the specific adverse impact. Decisions of the building official may be appealed to the planning commission by filing a written request with any required fee, with the department of community development not more than 10 days following the final decision of the building official. The appeal shall state the reasons why the determination is contested and which findings, the appellant believes, were made in error. Decisions of the planning commission may be appealed to the city council pursuant to Article 61, Division 6 of the Zoning Code. Facilities shall conform to the following criteria:

A plot plan application shall be required for facilities that retrofit operations to incorporate co-generation, electric production involving any amount of electricity. The application shall include the following:

The energy generated is intended to serve facilities on-site during outages of the primary power or during a temporary event;

Noise levels produced by the generator shall comply with noise ordinance standards for the zone based on 24 hour operation;

All buildings, structures and landscaping should be compatible with surrounding development;

Standby, diesel generators shall demonstrate that the best available technology is being utilized;

Standby, emergency generators may operate for no more than 52 hours per year, except in an emergency situation where the primary power is unavailable in the community;

Testing and maintenance of standby, diesel generators may only occur between the hours of 7:00 a.m. and 5:00 p.m.

Description of the physical and operating characteristics of the facility; the maximum design capacity of the facility; the operating schedule; the intended users of the generated energy; and if any electric energy is to leave the site, the physical and contractual arrangement for tying into other facilities;

Alternatives to the proposed facility. This will include reliability, as well as economic and environmental advantages and disadvantages;

Plans for overhead or underground transmission lines, transformers, inverters, switchyards or any required new or upgraded off-site transmission facilities;

Documentation regarding the toxic and/or hazardous materials that will be used during the construction and operation, including the transfer and loading of hazardous materials to ensure on-site containment, estimates of the volumes, the inventory control system that is proposed, the disposition of these materials and the disposal system and ultimate location for disposal;

Details pertaining to all off-site improvements associated with constructing the facility including, but not limited to; street improvements, water, natural gas, electricity, etc.

The following studies shall be prepared that clearly document compliance with state and federal air quality standards:

In an effort to reduce nitrogen oxide (NOx) emissions, enhance the spread of cleaner technologies and advance alternative technology, facilities shall include in their proposal details, NOx offsets at a 1.2:1 ratio. Standby, diesel generators shall be exempt from NOx offset requirements. Said offsets shall include, but not be limited to:

Provide documentation that the San Diego Air Pollution Control District has deemed the application for the proposed facility as substantially complete;

Provide authorization from San Diego Gas and Electric to extend necessary utilities to serve the site;

Provide documents and contracts issued by the state and other appropriate agencies for the distribution of power.

Application contents. In addition to the general requirements of section 33-1122(d), (e) and (f) an application for co-generation and steam electric generating facilities shall describe:

Application contents. In addition to the general requirements of section 33-1122(d), (e) and (f) an application for a photovoltaic generating facility shall describe:

Application contents. In addition to the general requirements of section 33-1122(d), (e) and (f) an application for a wind energy conversion facility shall describe:

Development standards. The following standards apply:

An EVCS shall be allowed within any legal single-family residential garage or carport, and any multifamily parking space; subject to all applicable city, state, and federal code requirements, and the following:

An EVCS for non-commercial (no service fee) or private use shall be permitted as an accessory use within any legal commercial, industrial, or other non-residential parking space in a parking lot or in a parking garage or carport; subject to all applicable city, state, and federal code requirements, and the following:

An EVCS for commercial (service fee) and/or public use shall be permitted as a primary or accessory use through the approval of a minor use permit, subject to all applicable city, state, and federal code requirements; except that the director of community development, or designee, is authorized to designate parking spaces or stalls in an off-street parking facility owned and operated by the City of Escondido for the exclusive purpose of charging and parking a vehicle that is connected for EVCS purposes.

For a project complying with the checklist for an EVCS the applicant may submit the permit application and associated documentation to the city's building division by personal, mailed, or electronic submittal. "Electronic submittal" means the utilization of email, the Internet, facsimile, or any other plan review software operated by the city. Electronic submittal of the required permit application and documents through city-utilized computer-based software shall be made available to all EVCS permit applicants.

An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

The building official shall carry out an administrative review process to streamline approval of EVCS. If the application meets the requirements of the approved checklist and standards and there are no specific, adverse impacts upon public health or safety, the official shall complete the building permit approval process. Review of the application for EVCS shall be limited to the official's review of whether the application meets the requirements of this section, as well as any local, state, and federal health and safety requirements. Such approval shall not include any necessary approval or permission by a local utility provider to connect the EVCS to the provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

If an application is deemed incomplete, the building division shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

The building division may require an applicant to apply for a minor use permit if the official finds, based on substantial evidence, that the EVCS could have a specific, adverse impact upon the public health and safety. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. Such decisions may be appealed to the planning commission.

If a minor use permit is required, the zoning administrator may only deny such application if he/she makes written findings based upon significant evidence in the record that the proposed EVCS would have a specific, adverse impact upon public health and/or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact(s). Such findings shall include the justification for the rejection of the potential feasible alternative(s) for preventing the adverse impact. Such decisions may also be appealed to the planning commission.

The economic impact of the project to the city, including, but not limited to, a demonstrated positive fiscal benefit to the city;

The extent to which the proposed project avoids the displacement of uses that would generate tax revenue for the city in preferred locations;

Any proposed mitigation measures that would reduce the economic impacts of a non-tax or non-job-producing use or uses.

Sides of car-wash bays or tunnels open to a residential use or a residential or mixed use zoning district that abuts or is across an alley from the site shall be completely enclosed or otherwise screened by a wall. Solid windows that do not open, glass block, or other closed material may be used as part of the wall face.

All car-wash bays and tunnels and all car-wash equipment shall be designed to minimize the creation, and carrying off the premises, of airborne particles of water, chemicals, and dust.

Vacuum stations and related equipment shall comply with the setbacks for the principal structure.

The site shall be designed to reduce the visual impacts of vacuum stations and waiting cars as viewed from surrounding development and public streets. The vacuum stations shall be screened to the extent feasible by an intervening building or by a combination of landscaping, wall/fencing, and/or berming.

The construction of a new car-wash related facility; and

The expansion of an existing car-wash related facility that increases the size of the lot and involves new land area devoted to car-wash related improvements.

Other types of expansions, additions, repairs, upgrades, replacement or reconstruction of existing facilities shall be exempt from the requirements of section 33-1125.

A designated area inside the building shall be established for the receipt, sorting and processing of goods. Donated goods or received merchandise shall be accepted only during regular business hours.

No more than 30% of the floor area shall be utilized for receiving, sorting and storage of donated and traded goods. The area devoted to receiving, sorting and storage may be increased to 40% if the store/shop occupies more than 15,000 square feet of building space.

Signs advising patrons that the merchandise/goods within the store are primarily preowned.

Enclosed Activities. All activities shall be completely enclosed within the building for the use.

Property Maintenance. The subject property shall be maintained free of trash and debris at all times. Management shall be responsible for the removal of litter from the subject property, adjacent property, and streets that results from the thrift store (with adjacent property owner consent). The property shall be developed and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants. This shall include the maintenance of exterior façades of the building, designated parking areas serving the use, walls and fences and the perimeter of the site (including all public parkways).

The storefront windows shall be permanently maintained as displays of merchandise in a professional and attractive manner (i.e., unsightly clothing racks and displays shall not be placed adjacent to the windows).

Thrift shop. All goods donated for sale at the thrift shop must be accepted through the rear of the store. Adequate directional signage shall be provided from the main entrance to the use to direct individuals to the collection area. The collection area shall be noticed to prohibit depositing goods during nighttime hours or when the store is closed. Signage should include daytime collection hours for donated goods.