Greenfield City Zoning Code

Artisan Agricultural And Residential Zoning Districts: The following list of accessory uses are permitted in all artisan agricultural and residential zoning districts and uses are subject to compliance with listed conditions and other provisions of this title. (See section 17.28.040, table 17.28-1 and section 17.30.040, table 17.30-1 of this title.)

Commercial, Office And Industrial Zoning Districts: The following accessory uses are permitted in all commercial, office and industrial zoning districts subject to compliance with listed conditions and other provisions of this title. (See section 17.32.040, table 17.32-1, section 17.34.040, table 17.34-1, and section 17.36.040, table 17.36-1 of this title.)

Public And Quasi-Public And Open Space Zoning Districts: The following list of accessory uses are permitted in the public and quasi-public and open space zoning districts subject to compliance with listed conditions and other provisions of this title. (See section 17.38.040, table 17.38-1 and section 17.40.040, table 17.40-1 of this title.)

Adult arcades;

Adult bookstores (including adult novelty stores or adult video stores);

Adult cabarets;

Adult motels (including adult hotels);

Adult motion picture theaters;

Adult theaters;

Nude model studios; and

Sexual encounter centers.

Such use is situated more than one thousand feet (1,000') from any other adult oriented business whether in the city, in an adjoining city, or within an unincorporated area.

Such use is located more than five hundred feet (500') from any of the following uses whether in the city, in an adjoining city, or within an unincorporated area:

Such use is situated in either an I-L or I-H (industrial) land use zone.

The distance between the adult oriented business and the zone described in subsection B1 or B2 of this section shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the building or structure in which the adult oriented business is located to the boundary of the property on which the building, structure, or use, or portion of the building, structure, or use, described in subsection B1 or B2 of this section is located.

No more than one classification of adult oriented business shall be permitted within a single structure unless such structure is divided so that the perimeters of the individual adult oriented businesses are separated by more than one thousand feet (1,000) at their closest point.

Notwithstanding the provisions of section 17.70.030 of this chapter, the use of land for an adult oriented business which is subject to a distance separation requirement from other specified uses that was legally established, but has been rendered nonconforming as a result of an incompatible use being established within the prescribed distance separation requirement, may continue subject to all of the following restrictions:

The initial conformity of a use shall be determined as of the date a completed application for an adult oriented business license is received by the city for the specified use on the subject property.

The foregoing provisions shall supersede chapter 17.84, "Nonconforming Uses, Buildings And Structures", of this title and shall apply to adult oriented businesses.

Any adult oriented business that was lawfully operating on November 2, 2006, or that is lawfully operating on land annexed into the city after November 2, 2006, that is in violation of this chapter shall be deemed a nonconforming use.

The nonconforming use shall be permitted to continue for a period not exceeding: 1) two (2) years from November 2, 2006, or 2) two (2) years from the date the land is annexed into the city, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

The owner or operator of a nonconforming adult oriented business use may apply under the provisions of this section to the planning director for an extension of time within which to terminate the nonconforming use.

Animal husbandry; and

Equestrian facilities (hobby); and

Equestrian facilities (commercial) with a conditional use permit; and

Veterinary facilities with a conditional use permit; while

Kennels (commercial) are permitted in A-V and R-E zoning districts. In granting a permit, the planning commission shall have the right to impose any and all pertinent regulations and conditions which it may deem proper or necessary to prevent or minimize any nuisance to the neighbors of the premises likely to result from flies, vermin, odors, or other discomforts resulting from the keeping or maintaining livestock. For any legal nonconforming uses outside these bounds, refer to section 17.84.020 of this title. Any fees related to the processing of permit or the permit itself shall be as established from time to time by resolution of the city council and shall not be refundable. Permits shall be valid for one year before granted permit should be renewed.

Site drainage patterns and a statement of measures proposed by the applicant to avoid soil erosion and sedimentation caused by the keeping of animals.

The applicant's plans for animal waste disposal.

Where the site is located within or adjacent to a residential or recreation category, a statement of other measures proposed by the applicant for the management of the site and proposed animals to ensure that the animals will not become a nuisance to other residents in the vicinity of the site. No permit shall be required for the keeping of mice, guinea pigs, hamsters, or small birds (other than birds of prey), which are confined in cages, or tropical or gold fish in aquariums.

Animals shall be restrained a distance of at least fifty feet (50'), measured in a straight line, from any habitable structure or structure used for public assembly located on adjoining property.

Animals shall be restrained a distance of at least five feet (5') from interior side and rear property lines, and fifteen feet (15') from street side property lines.

Animals shall be secured by a fence or wall at least five feet (5') in height, made of chainlink, wood with horizontal members no less than six inches (6") apart, solid masonry or other appropriate solid confining material. Property line walls and fences may be used to secure animals, provided the appropriate restraint distances are maintained, in compliance with chapter 17.52 of this title.

Animals shall be kept a minimum of one hundred feet (100') from any domestic water well.

For new dairies/feedlots, a separation of five hundred feet (500') shall be required between animal feed troughs, corral/pen from new development and/or from property with a residential or nonresidential tract map recorded after July 2007 as measured from the building setback line.

A reduction in animal separation requirements may also be considered for facilities with proven means of reducing odors, such as covering lagoons, substituting concrete lined pits for lagoons, and employing recommended ventilation systems for animal confinement buildings. Consideration of alternative setbacks shall be subject to consultation with qualified agricultural engineers to ensure that the measure will reliably accomplish the intended purpose.

Lot And Structures:

Setbacks:

Maintenance And Operational Standards:

Minimum Lot Size: The minimum lot size to accommodate a service station in the city is fifteen thousand (15,000) square feet.

Lot Coverage: Maximum lot coverage for a service station (including canopy) is forty percent (40%) of the total lot size. No more than twenty percent (20%) of the total lot area shall be covered by a canopy.

Setbacks: No building shall be located within thirty feet (30') of any public right of way or within fifteen feet (15') of any interior parcel line. Gasoline pump islands, canopies, compressed air connections, restrooms and similar facilities shall be set back a minimum of twenty feet (20') from any public right of way and fifteen feet (15') from any interior parcel line.

Landscaping: In order to provide adequate screening for the large expanses of pavement associated with service station use, a minimum of fifteen percent (15%) of the site shall be landscaped, concentrated at the perimeter of the site. Street frontage landscaping shall be a minimum of fifteen feet (15') in width and bermed to no less than two feet (2') in height. Minimum five foot (5') wide landscape planter areas shall be provided adjacent to all other property lines. Planter areas shall be landscaped with trees, shrubs, and ground cover including the following specific standards:

Access/Circulation: The intent of the specific access and circulation standards below is to ensure safe and convenient internal circulation and access to and from the site, while minimizing the negative visual impact of multiple curb cuts, discontinuous landscape, and excessive pavement.

Pedestrian Access To Convenience Market: A minimum of one continuous four foot (4') wide internal pedestrian walkway shall be provided from the perimeter public sidewalk of each abutting street to the nearest entrance to the convenience market. Internal pedestrian walkways shall be distinguished from driving surfaces through the use of raised sidewalks, special pavers, bricks, or scored/stamped concrete.

Building Placement And Orientation: Buildings shall be placed close to the street and oriented to the public view.

Building And Canopy Design: The service station building and/or canopy shall be designed for architectural compatibility with the surrounding area. The maximum height for all service station buildings (including canopy) shall be twenty five feet (25'). In order to reduce the visual impact of the canopy structure and corresponding lighting, the maximum height of the canopy clearance shall be fifteen feet (15') and the maximum width of the canopy fascia shall be thirty inches (30"). Canopy fascia shall match the color and texture of the primary building.

Signs: All signs, except window signs, shall be constructed and maintained within a permanent sign structure. Except as provided below, service station signs are subject to compliance with provisions of chapter 17.62, "Signs", of this title:

Parking: In addition to the off street vehicle parking provisions in chapter 17.58, "Parking", of this title, the following standards apply to service station uses:

Lighting: In addition to the lighting provisions of chapter 17.56, "Lighting", of this title, canopy lighting shall be recessed so that the luminaire does not extend below the surface of the underside of the canopy.

Noise: All outdoor noise generators associated with the business shall be identified by the applicant during conditional use permit review and may require the submittal of a professional noise analysis to quantify noise sources. All outdoor speakers and video/audio pump stations and sound signals associated with the service stations shall be turned off daily between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

Aesthetic Character:

Entryways:

Site Design And Relationship To Surrounding Community:

Organizational Documents: The proposed organizational documents, including the covenants, conditions and restrictions to be recorded pursuant to section 1350 et seq., of the Civil Code. The organizational documents shall provide for the following:

A Property Report: The property report prepared by an engineer shall describe the condition and structural integrity of the buildings as well as an estimate of the remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: roofs, foundations, exterior paint, insulation, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, or standpipe systems, structural elements, and drainage systems. The property report shall state what the sound transmission class and sound impact class of the existing floor to ceiling and wall to wall assemblies of sample units are. The report shall also explain, in nontechnical terms, what the class ratings mean and state what measure, if any, the applicant will take to improve sound attenuation between units. The property report shall list each fixed appliance to be contained in each or any unit offered for sale and shall state whether the appliance is or will be new or used when the unit is first offered for sale. The report shall also state the terms and nature of the warranty offered by the applicant on each such appliance. Each portion of the property report shall be prepared by an appropriately licensed engineer.

Pest Control Report: A structural pest control report.

Building History Report: A building history report identifying the date of construction of all elements of the project.

Noncompliance Report: A report identifying all characteristics of the building not in compliance with this code or applicable building or housing codes.

Rental History Report: A rental history report detailing the size, in square footage, of the building or buildings and each unit; the current or last rental rate; the name and address of each present tenant; the monthly rental rate for the preceding three (3) years for each unit; the average monthly vacancy over the preceding three (3) years; the number of evictions over the preceding three (3) years. In addition, evidence shall be submitted that tenants have been notified and have acknowledged the applicant's intent to file a request for conversion for a period of at least sixty (60) days prior to the initial filing of an application for a conversion use permit or tentative subdivision map. Failure to provide any information required by this subsection shall be accompanied by an affidavit or declaration given under penalty of perjury, setting forth in detail all efforts undertaken to discover the information and all reasons why the information could not be obtained.

Relocation Assistance Information Report: A detailed report describing the relocation and moving assistance information to be given to each tenant, and the steps the applicant will take to ensure the successful relocation of each tenant. The report should state in detail what assistance will be provided for special category tenants, including a discussion of long term or life term leases and provisions to allow such tenants to continue renting after conversion until comparable housing, as defined by subsection 17.76.140C of this chapter, is located and the move can be completed.

Tenant Survey: A survey of all the tenants in the conversion project indicating how long each tenant had been a resident of the project, how long each tenant had planned to live in the project, whether or not each tenant would be interested in purchasing a unit, to which community area would each tenant choose to relocate if the conversion took place and the tenant did not purchase a unit, and the extent of tenant approval in principle of the conversion. This survey shall include an estimate of the sales price for each unit, not including inflation and adjustments that would take place during conversion. To comply with this provision, the applicant shall provide a tenant rights handout and a questionnaire, in a form approved by the city, to each tenant with an envelope, postage prepaid, addressed to the city. The questionnaire shall direct the tenant to return the completed form directly to the city of Greenfield planning division.

Additional Information: The planning director may require additional information necessary to assist in evaluating said conversion project in order to make proper findings in accordance with the purposes and objectives set forth in the adopted city general plan, or any specific plan or element thereof in effect at the time of such application. Comparable data as listed below shall include projects with three (3) or more units. Such information may include, but shall not be limited to:

Assistance to each eligible tenant in locating comparable housing, including, but not limited to, providing availability reports and transportation, where necessary.

Payment of a relocation fee to each tenant who does not choose to stay. At a minimum, such payment shall be equal in amount to two (2) months' rent and the security deposit amount paid by the tenant for the existing apartment unit. A tenant is not entitled to a relocation fee pursuant to this subsection if the tenant has been evicted for just cause.

In the case of eligible tenants who are elderly, handicapped, low income, or single heads of households living with one or more minor children, the following additional provisions must be made:

In the case of eligible special category tenants, the following additional provisions must be made:

The offer to each eligible tenant of a plan for relocation shall be free of any coercion, intimidation, inducement or promise not herein specified and shall not cause the tenant to vacate in advance of, or prior to, a timetable or schedule for relocation as approved in its application for approval of conversion.

An affordable housing plan subjecting ten percent (10%) of the total units within the project to affordable purchase obligations, without city subsidy, as part of a conversion. The affordable units shall provide a minimum of four percent (4%) of the total units within the project affordable to very low income, four percent (4%) affordable to low income households, and two percent (2%) affordable to moderate income households, unless an alternate affordability breakdown is approved by the planning director. Parcels that have an existing affordable rent component shall convert the affordable rental units to affordable purchase units. In addition, the condominium conversion shall increase the total number of affordable units by a number equal to five percent (5%) of the total number of units within the project. However, the total number of affordable purchase units shall not be less than ten percent (10%) of the total units in a project. The converted and new affordable units shall be provided without city subsidy and shall include a minimum of four percent (4%) affordable to very low income households, four percent (4%) affordable to low income households, and two percent (2%) affordable to moderate income households, unless existing affordability restrictions require a different breakdown of the affordable units or an alternate affordability breakdown is approved by the planning director.

Gas: Each condominium unit shall have a separate gas service where gas is a necessary utility. If this provision places unreasonable economic burden on the applicant, the appropriate authority may approve an alternative.

Electricity: Each condominium unit shall have a separate electrical service, with separate meters and disconnects, and ground fault interrupters where ground fault interrupters are required by present building codes.

Telephone Company Access: The telephone company serving the location under conversion shall have the right to construct and maintain (place, operate, inspect, repair, replace and remove) communication facilities as it may from time to time require (including access) in or upon any portion of the common area, including the interior and exterior of the buildings as necessary to maintain communication service within the project. This provision may not be amended or terminated without the consent of the serving telephone company.

That the proposed conversion is consistent with the general plan and applicable community and specific plans in effect at the time of the use permit application, especially with the objectives, policies, and programs of the housing element of the general plan designed to provide affordable housing to all economic segments of the population.

That the average rental vacancy rate in multiplefamily units of similar size in the city affected by the proposed conversion during the four (4) quarters preceding the filing of the application is greater than five percent (5%) and that the current percentage of multi-family rental units (within complexes of 3 or more units) is above ten percent (10%) of the total number of housing units within the city. In evaluating the average rental vacancy rate in the city and in the building proposed for conversion, the commission shall consider the rental history of the building, including the number of evictions and increases in rent over the preceding three (3) years. In addition, the following sources of vacancy rate statistics may be used: 1) department of finance (state of California), 2) postal service, and 3) HUD vacancy rates, if available. Notwithstanding any other provision of this section, the commission may deny a use permit if it finds that vacancies in the building have been created by unjust evictions and unreasonable rent increases in order to qualify a project for conversion under this subsection.

That the applicant unconditionally offered to each eligible tenant an adequate plan for relocation to comparable housing. In determining whether the housing to which the applicant proposes relocation is "comparable" the commission must find that the housing is decent, safe, and sanitary, and in compliance with all local and state housing codes: and, that the housing is open to all persons regardless of race, creed, national origin, ancestry, religion, marital status, or gender. In addition, the commission shall consider the following factors in determining whether the relocation housing is comparable:

A final subdivision map is recorded for all or a portion of the property involved in the use permit, or

Pursuant to the approved relocation assistance plan, written evidence has been filed with the planning division that more than ten percent (10%) of eligible tenants have been relocated.

Drive-Through Aisles: The minimum standards for drive-through aisles are as follows:

Landscaping Of The Drive-Through Aisle: Landscaping shall be provided as described below:

Pedestrian Access And Crossings: Pedestrian access shall be provided from each abutting street to the primary entrance with a continuous four foot (4') wide sidewalk or delineated walkway. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do the walkways shall have clear visibility and shall be delineated by textured and colored paving.

Hours Of Operation: When located on a site within one hundred feet (100') of any residential property (measured from the nearest property lines), hours of operation for the drive-up/drive-through service shall be limited from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily. If the use is located at a distance greater than one hundred feet (100') from a residential property then the hours of operation may be longer.

Signs: Signs shall be permitted in accordance with provisions of chapter 17.62, "Signs," of this title. Double drive-through aisles shall be restricted to one menu/order board sign.

Parking: The provision of drive-through service facilities shall not justify a reduction in the number of required off street parking spaces for the accompanying use.

Noise: Any drive-up or drive-through speaker system shall emit no more than fifty (50) decibels and at no time shall any speaker system be audible above daytime ambient noise levels beyond the property lines of the site. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within thirty feet (30') of any residential property (measured at the nearest residential property line).

The California Government Code mandates each local jurisdiction analyze the special housing needs of the elderly, persons with disabilities, large families, farmworkers, families with female heads of households, families and persons in need of emergency shelter, homeless persons and families, and any other group a local jurisdiction deems appropriate. Special needs are those associated with specific demographic or occupational groups which call for very specific program responses. These special needs groups often live in substandard homes or in overcrowded living conditions, spend a disproportionate amount of their income to secure safe and decent housing, and are sometimes subject to discrimination based on their specific needs or circumstances.

The general plan housing element of the Greenfield 2005 general plan identifies the city's need to provide equal access to housing for homeless persons, recently homeless persons, single and small households, farmworkers, and other people with special needs, including encouraging the development of emergency, transitional, single-room occupancy, and farmworker housing in proximity to transit and services. The California Government Code establishes certain local government regulatory limits related to the development and approval of emergency shelters and transitional and employee, including farmworker housing facilities.

It is the intent of this chapter to provide for adequate development and operational standards to assure appropriate and affordable housing and services can be accommodated in the city for homeless persons, recently homeless persons, single and small households, farmworkers, and other special needs populations. This chapter shall be interpreted and applied consistent with the policies and guidelines of the general plan housing element, the requirements of the California Government Code, including but not limited to Section 65580 et seq., and the requirements of the California Health and Safety Code Section 17000 et seq.

Licensing Compliance: Emergency shelter, transitional housing, single-room occupancy, employee housing, and other special needs housing facilities shall comply with all federal and California state licensing requirements.

Code Compliance: Emergency shelter, transitional housing, single-room occupancy, employee housing, and other special needs housing facilities shall comply with all applicable uniform building and fire codes, including maximum occupancy restrictions.

Permit Requirements: Emergency shelters are permitted in R-M (medium density residential), R-H (high density residential), and C-R (retail business) zoning districts and shall be subject only to those restrictions and standards that apply to other residential or commercial development in the same zoning district, except as otherwise set forth in this section.

Exemption: The requirements of this section do not apply in situations of city or statewide designated disasters or catastrophic conditions, but only for the duration of the designated disaster or catastrophic condition.

Development And Operational Standards: Emergency shelters shall comply with all standards provided by this section.

Permit Requirements: Transitional housing facilities shall be considered a residential use of property, and shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district, except as otherwise set forth in this section.

Development And Operational Standards: Transitional housing shall comply with the same development standards that apply to other residential dwellings of the same type in the same zoning district. In addition to those development standards, the following operational standards shall also apply to transitional housing facilities:

Relocation Of Tenants: If any transitional housing facility is found to be unsafe to occupy due to danger to the health and safety of the resident(s), the costs and expenses of relocation of any resident from that unit shall be the responsibility of the owner pursuant to the provisions of California Health and Safety Code Section 17975 et seq.

Permit Requirements: Single-room occupancy (SRO) facilities shall be considered a residential use of property, and shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district, except as otherwise set forth in this section.

Development And Operational Standards: SRO facilities shall comply with the same restrictions and development standards that apply to other residential dwellings of the same type in the same zoning district, except as otherwise set forth in this section.

Conversion Of Existing Buildings: An existing structure may be converted to an SRO facility, consistent with the provisions of this section. Any such conversion must bring the entire structure up to current building code standards, including accessibility and adaptability standards, unless otherwise exempted by the building official. A motel or hotel in the C-R (retail business) or C-H (highway commercial) with MUO (mixed use overlay) zoning district, existing as of the effective date of this section, may be converted to an SRO facility without being part of a mixed use development.

Relocation Of Tenants: If any SRO unit is found to be unsafe to occupy due to danger to the health and safety of the resident(s), the costs and expenses of relocation of any tenant from that unit shall be the responsibility of the owner pursuant to the provisions of California Health and Safety Code Section 17975 et seq.

Permit Requirements: Employee housing facilities shall be considered a residential use of property, and shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district, except as otherwise set forth in this section.

Development And Operational Standards: All employee housing facilities shall comply with the same restrictions and development standards that apply to other residential dwellings of the same type in the same zoning district. In addition thereto, employee housing facilities providing accommodations for more than six (6) employees that is not considered a single-room occupancy facility shall also be subject to the following development and operational standards:

Conversion Of Existing Buildings: An existing structure may be converted to an employee housing facility, consistent with the provisions of this section. Any such conversion must bring the entire structure up to current building code standards, including accessibility and adaptability standards, unless otherwise exempted by the building official. A motel or hotel in the C-R (retail business) or C-H (highway commercial) with MUO (mixed use overlay) zoning districts, existing as of the effective date of this section, may be converted to an employee housing facility without being part of a mixed use development.

Relocation Of Tenants: If any employee housing unit is found to be unsafe to occupy due to danger to the health and safety of the resident(s), the costs and expenses of relocation of any tenant from that unit shall be the responsibility of the owner pursuant to the provisions of California Health and Safety Code Section 17975 et seq.

Permit Requirements: Supportive housing facilities shall be considered a residential use of property, and shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district, except as otherwise set forth in this section.

Development And Operational Standards: Supportive housing shall comply with the same development standards that apply to other residential dwellings of the same type in the same zoning district. In addition to those development standards, the following operational standards shall also apply to transitional housing facilities:

Relocation Of Tenants: If any supportive housing facility is found to be unsafe to occupy due to danger to the health and safety of the resident(s), the costs and expenses of relocation of any resident from that unit shall be the responsibility of the owner pursuant to the provisions of California Health and Safety Code Section 17975 et seq.

Conversion of a garage into livable space shall be allowed in all residential zoning districts in compliance with the development standards as set forth in this chapter.

In single-family residential zoning districts, the conversion of a garage into livable space cannot create an accessory dwelling unit except as provided for in chapter 17.90. A garage conversion into livable space cannot be subsequently converted into a second dwelling except as provided for in chapter 17.90.

In multiple-family and high density residential zoning districts, the conversion of a garage into an accessory dwelling unit is allowed to the same extent as and under the same development standards that apply to the development of multiple dwelling units on a single residential parcel as set forth in section 17.30.040.

The conversion of any existing garage into livable space shall be in compliance with all applicable building codes and city ordinances, and a building permit shall be issued prior to any such conversion.

The development standards set forth in section 17.30.040 for the underlying residential zoning district shall apply to all garage conversions.

Off-street parking in accordance with section 17.58.050 shall be provided, including, but not limited to, requirements for enclosed or covered and uncovered off-street parking spaces.

Design review shall be in accordance with section 17.16.070.

The exterior materials, colors, and design for the garage conversion must match and be architecturally consistent with the materials, colors, and design of the existing dwelling, and if the garage is attached to the main dwelling, the conversion must become an integral part of the existing dwelling.

The garage door and all necessary remnants shall be removed; a concrete foundation, if required, shall be constructed at the garage door opening in accordance with applicable building codes; and the garage door opening shall be treated with building materials and design detail to match the remainder of the dwelling.

An in-ground or raised landscaped planter, thirty inches (30") in depth, shall be installed between the driveway and the former garage door. The planter depth may be reduced if necessary to maintain a minimum eighteen foot (18') long driveway, measured from the back of the sidewalk to the landscaped planter.

Entry into an attached converted garage must be available from the existing dwelling.

Storage And Display:

Employees/Clients:

Vehicles/Parking:

Signs: A sign no larger than two (2) square feet shall be allowed for the home occupation other than the address of the residence.

Nuisances: No activity that produces noise, smoke, odor, glare, electrical interference, vibrations, or junk and rubbish discernible beyond the site shall be allowed.

Sales: There shall be no products sold on the premises.

Conditions: The planning director may impose additional conditions necessary to ensure that the home occupation does not substantially or materially change the residential character of the surrounding neighborhood.

Permit Issuance: An authorized signature of the planning director or the director's designee on the completed home occupation permit application form shall signify issuance of the permit.

Business License Required: The home occupation may not begin operation until a business license has been obtained.

Beauty/barbershops limited to one operator only.

Contractors' and subcontractors' offices are permitted as home occupations. However, the storage of vehicles, materials and equipment not normally associated with residential uses shall be prohibited, except as provided in the applicable zone.

Furniture repair and restoration shall be limited to one occupant working on site and without employees, subject to approval of building inspection and fire marshal, as applicable. There shall be no pick up or delivery at the location by the public.

Assembly, repair, or reconstruction of small electronic, mechanical or garden equipment (including lawn mowers), or small household appliances, shall be limited to one occupant of the dwelling on a part time basis, subject to the approval of the chief building inspector and fire marshal, as applicable. There shall be no pick up or delivery at this location by the public. All testing of equipment shall be performed within an enclosed building. All equipment or appliances assembled, repaired, or reconstructed, pursuant to this subsection, shall not exceed six feet (6') in height, length or width, one hundred (100) pounds in weight, or five (5) horsepower. No more than twelve (12) pieces of equipment, in any condition, shall be on site.

Mail order businesses, as long as the product ordered is mailed directly to the purchaser, or is stored within the dwelling. Items may not be sold directly from the residence.

Manufacture of toys, decorator items, clothing, needlework, handicrafts, or similar products, shall be limited to two (2) occupants of the dwelling on a part time basis using equipment normally found in a residence.

Private lessons, on a part time basis, providing individual instruction in academic subjects, athletics, the arts, crafts, or other similar discipline, provided that only one student may be present for instruction or practice at any time.

Taxicab, limousine, or pedicab service, provided that a vehicle parked at, or near, the residence shall not be on call and available for service; no vehicle shall be dispatched from the residence by radio, telephone, or other means, but may be parked at the residence when not in service. The activity associated with the service shall only occur at the residence between the hours of seven o'clock (7:00) A.M. to nine o'clock (9:00) P.M. No more than one vehicle may be parked at, or near, the residence, except that a conditional use permit may be approved by the zoning administrator to allow one additional vehicle to be parked or stored at the residence.

Shoe repair, on a part time basis, providing that no more than eight (8) visitors a day either drop off or pick up such items. No sales of any kind are permitted. The use will not be conducted in such a fashion as to constitute either a public or private nuisance.

Certified massage practitioner as a home occupation (incidental to the residential use only) is permitted if all the following criteria are met:

Dressmaking, sewing, tailoring, contract sewing (1 operator).

Ambulance service.

Ammunition reloading, including custom reloading.

Boarding house, bed and breakfast hotel, timeshare condominium.

Carpentry, cabinet makers.

Ceramics (kiln of 6 cubic feet or more).

Churches, religious instruction.

Health salons, gyms, dance studios, aerobic exercise studios.

Medical, dental, or chiropractic.

Mortician, hearse service.

Palm reading, fortune telling.

Private clubs.

Repair, or reconditioning, of boats or recreation vehicles.

Restaurants or taverns.

Retail sale from site (except direct distribution and artists' originals).

Storage, repair or reconditioning of major household appliances, including refrigerators, freezers, clothes washers and dryers, dishwashers, stoves, heating and air conditioning equipment.

Storage, repair or reconditioning of motorized vehicles or large equipment on site.

Tattoo service.

Tow truck services.

Veterinary uses (including boarding).

Welding service (office only).

General: It is the general policy of the city to allow uses, structures or lots that came into existence legally and in conformance with then applicable requirements but that do not conform to all of the applicable requirements of this title to continue to exist and be put to productive use; however, it is also the policy of the city to bring as many aspects of such situations into conformance with this title as is reasonably practicable. This chapter is intended to recognize the interests of the property owner in continuing to use the property but also to preclude the excessive expansion of nonconforming situations and to preclude the reestablishment of an abandoned use or lot or of a nonconforming building or structure that has been substantially destroyed.

Applicability: This chapter shall apply to circumstances that became nonconforming by initial adoption of this title or amendment to this title. It shall also apply to nonconforming situations that were legal nonconforming uses or other situations under a similar provision of previously applicable sections or resolution and that remain nonconforming with one or more provisions of this title.

Continuation Permitted: Any nonconforming use, building, structure, sign or other nonconforming situation which existed lawfully on the date of adoption of this title or which becomes nonconforming upon the adoption of any amendment to this title, may be continued in accordance with the provisions of this chapter. Where there is a conflict between two (2) or more provisions of this code or city adopted ordinances or previously approved permits, the more restrictive requirement shall apply.

Determination Of Nonconforming Status: The burden of establishing that any nonconforming situation is a "legal nonconforming situation" as defined by this title shall, in all cases, be upon the owner of such nonconformity, and not upon the city or any other person.

Effect Of Public Acquisition: If a tract of land which conforms to this title is rendered nonconforming, or if a legal nonconforming lot is made more nonconforming by the acquisition of a portion of said tract or lot for public purposes by any public agency, said tract shall have the status of a legal nonconforming lot.

Generally: The lawful use of any building or land existing at the time of the enactment of this title may be continued, although such use does not conform with the provisions of this title, except as provided in this section.

Nonconforming Livestock Uses:

Expansion Or Enlargement Of Use:

Alterations: A building used for a legal nonconforming use may not be reconstructed or structurally altered during its life to an extent exceeding fifty percent (50%) of its replacement cost unless the building is changed to a conforming use; provided, however, that application may be made to the planning commission for a use permit to reestablish the nonconforming identity pursuant to this chapter, based on the general requirement that the subject request for reconstruction or structural alteration renders a genuine service to the area and is in the best interest of the public health, safety and general welfare.

Restoration:

Changes In Use: No legal nonconforming use may be changed to another nonconforming use. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

District Changes: Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district, the provisions of this section shall also apply to any nonconforming uses existing therein.

Use Permitted: A legal nonconforming structure may be used for any permitted use in the applicable district or for any legally nonconforming use in the district in which the structure is located.

Expansion Or Enlargement Of Structure: A legal nonconforming structure may be expanded or enlarged by up to twenty five percent (25%) (measured in gross building square footage) through approval of a use permit (chapter 17.16 of this title) and provided that all off site improvements, as identified by the city, be constructed by the applicant, in accordance with all city standards and requirements. A legal nonconforming structure shall not otherwise be extended or enlarged, unless required by law or by ordinance. Garages legally built prior to the implementation of this code and not meeting size or setback standards are not considered nonconforming.

Moving Prohibited: A legal nonconforming structure shall not be moved, in whole or in part, to any other parcel unless the entire structure shall thereafter conform to the regulations of the district in which it is located after being moved.

Maintenance, Repairs And Remodeling: Maintenance and repairs of a legal nonconforming structure shall not exceed fifty percent (50%) of the replacement cost. Remodeling of the structure within the existing building footprint is permitted without a variance, provided that the remodeling does not increase the degree of nonconformity and that applicable building and life safety codes are met.

Repair Of Unsafe Structures: Any legal nonconforming structure or portion thereof declared unsafe by the building official may be restored to a safe condition not to exceed fifty percent (50%) of the replacement cost.

Restoration: A legal nonconforming structure damaged by fire or other natural causes to the extent of more than fifty percent (50%) of its replacement cost shall not be repaired or rebuilt except in conformity with the regulations of title 15, "Buildings And Construction", of this code, and those of the district in which it is located, or be removed completely within thirty (30) days of the occurrence of the damage or destruction.

Use Permitted: A legal nonconforming lot may be used for any permitted use in the applicable district or for any legally nonconforming use in the district in which the lot is located.

Merger: Where two (2) or more lots that are legally nonconforming as to area are under common ownership on the effective date of this section, such lots shall be deemed merged for purposes of this section to the extent necessary to create one or more lots that conform to the area requirements of the applicable district.

Replatting: Legal nonconforming lots that have access only to a platted, but unconstructed, street shall not be protected by this section. Owners of such lots shall replat such lots in conformity with the subdivision regulations of title 16 of this code and the applicable zoning regulations of this title before seeking a building permit or otherwise seeking to use one or more of such lots.

Choice Of Uses: Where a legal nonconforming lot or parcel is conforming for some uses in the applicable district but not for others, such lot shall be used for one of the uses for which it conforms to the requirements of the applicable district. If a lot fails to conform to the applicable requirements of the district, then protection of its legal nonconforming status under this section shall extend only to those permitted uses in that district requiring the smallest minimum lot size, which, in most cases, will be a single-family dwelling. Garages built legally prior to the implementation of this code and not meeting size or setback standards are not considered nonconforming.

Termination By Abandonment: Discontinuance of a legal nonconforming use for a period of more than six (6) months shall be deemed to be abandonment of such use, regardless of intent. Such use shall not then be reestablished, and any subsequent use shall conform to the requirements of the district in which it is located.

Termination By Damage Or Destruction: In the event that any legal nonconforming structure or use is destroyed by any means to the extent of fifty percent (50%) of the cost of replacement of such structure or use, said structure or use shall be rebuilt, restored, reestablished or reoccupied in conformance with the regulations of title 15, "Buildings And Construction", of this code, and those of the district in which it is located, or be removed completely within thirty (30) days of the occurrence of the damage or destruction.

Termination Or Improvement Required By Modification: In acting on any application for any permit or entitlement related to the use or development of land, the building official shall require or ensure that:

Policy: Certain public, quasi-public, semipublic and institutional uses currently exist as nonconforming uses in the city. Because of the substantial investment in such uses, the public interest in the maintenance of such uses as modern, functional facilities, the lack of vacant land for the relocation of such uses in the developed portions of the city, and the enormous public and private cost involved in relocating such uses, the city council and mayor have determined that it is in the public interest to provide limited exceptions for these facilities from the application of this chapter and, in particular, its provisions for nonconforming uses.

Existing Public And Semipublic Facilities: Existing public and governmental uses may continue to be operated and maintained in any residential or commercial district and may be expanded provided such expansion can be accomplished in accordance with the applicable district regulations or when such expansion is so authorized by the planning commission. No new facility may be established except when permitted in the applicable district or when approved as a use permit in accordance with chapter 17.16 of this title.

Existing Cemeteries: Cemeteries and their structures and appurtenances accessory thereto existing on the effective date of this chapter, as well as the use thereof, may be maintained, structurally altered, enlarged or extended within the existing boundaries of such cemeteries, subject to approval of a use permit.

Temporary Outdoor Uses: Temporary outdoor uses are permitted in nonresidential zoning districts, subject to the approval of a temporary use permit in compliance with provisions of section 17.16.040, "Temporary Use Permit", of this title.

Permanent Outdoor Sales And Display Uses: Permanent outdoor sales and displays are permitted in commercial zoning districts, subject to zoning clearance authorization by the planning director in compliance with provisions of section 17.16.020, "Zoning Clearance/Plan Check", of this title and with the development and operational standards in this chapter.

Permanent Outdoor Storage And Service Uses: Permanent outdoor storage and service is permitted as specified by use classification in the allowed use tables of division III of this title. If not part of the original development permit for the principal use, permanent outdoor storage and service uses may be permitted in nonresidential zoning districts, subject to design review approval in compliance with section 17.16.070, "Design Review", of this title. All such uses shall be consistent with development and operational standards in this chapter.

Permanent And Seasonal Outdoor Seating Uses: If not part of the original development permit for the principal use, outdoor seating uses shall be permitted in nonresidential zoning districts subject to zoning clearance/plan check or design review, depending on the total number of outdoor seats. Zoning clearance/plan check is required for ten (10) or fewer seats and design review is required for more than twelve (12) seats. All such uses shall be consistent with the development and operational standards in this chapter.

Automobile Dealerships: Outdoor use associated with automobile dealerships shall be determined in conjunction with the required conditional use permit.

Outdoor Storage: Outdoor storage of building materials for use on the same parcel or building site may be stored on the parcel or building site during the time that a valid building permit is in effect for construction on the premises.

Outdoor Uses: outdoor uses in residential zoning districts consistent with the provisions in chapters 17.58, "Parking", and 17.64, "Yard Measurements And Projections", of this title.

General Development And Operational Standards: Unless otherwise exempt, the following general development and operational standards shall apply to all permanent outdoor uses:

Permanent Outdoor Sales And Displays: Unless otherwise exempt, the following development and operational standards apply to all permanent outdoor sales and display uses:

Permanent Outdoor Storage: Unless otherwise exempt, the following development and operational standards apply to all permanent outdoor storage and associated service uses.

Permanent And Seasonal Outdoor Seating: Unless otherwise exempt, the following development and operational standards apply to all outdoor seating for food uses, including both fixed and movable seats:

The purpose of this chapter is to establish standards for review of residential care homes and facilities, including those providing housing and supportive services for disabled individuals and households, in compliance with state law. "Residential care facility" means any family home, group care facility, or similar facility that is maintained and operated to provide twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Disabled households" includes households containing persons that are disabled because of a physical disability or because of an intellectual, mental, or developmental disability. Residential care homes and facilities provide a cost-effective, supportive, and noninstitutional environment for state-licensed operations. In order to protect the public health, safety and welfare, to preserve and protect the integrity of residential neighborhoods, and to ensure this code does not act as a disincentive to or unreasonably restrict the development of residential care homes, including, but not limited to, group homes, elderly care facilities, adult residential facilities, disabled care facilities, foster homes, juvenile court residential facilities for abused or neglected children, and other facilities licensed by the state, residential care facilities shall be allowed and developed in accordance with the standards set forth in this chapter. This chapter shall be interpreted and applied consistent with the policies and guidelines of the general plan housing element, the requirements of the California Government Code, including but not limited to Section 65580 et seq., and the requirements of the California Health and Safety Code Section 1500 et seq.

As used in this chapter, "juvenile court residential facilities" do not include any juvenile placement facility approved by the Department of Corrections and Rehabilitation, Division of Juvenile Justice, any juvenile hall operated by a county, or any place in which a juvenile is judicially placed pursuant to California Welfare and Institutions Code Section 727(a).

As used in this chapter, "residential care facilities" do not include and this chapter does not apply to any independent living arrangement, transitional housing, or supportive housing. For transitional housing or supportive housing, the requirements of sections 17.80.040 and 17.80.070, respectively, shall apply.

Residential care facilities shall be considered a residential use of property, and, except as otherwise set forth in this chapter, shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district.

A residential care facility that serves six (6) or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the residential facility is a business run for profit or differs in any other way from a family dwelling.

Residential care facilities that serve six (6) or fewer persons are allowed in all residential zoning districts, in the C-R (retail business) zoning district as part of a mixed use development, and in the C-H (highway commercial) with MUO (mixed use overlay) zoning district as a permitted use without a conditional use or other discretionary permit, excepting design review in accordance with section 17.16.070.

Residential care facilities that serve more than six (6) persons are allowed in the R-M (multiple-family residential) and R-H (high-density multifamily residential) zoning districts, in the C-R (retail business) zoning district as part of a mixed use development, and in the C-H (highway commercial) with MUO (mixed use overlay) zoning district subject to issuance of a conditional use permit. Notwithstanding section 17.14.050, for such conditional use permit the city council shall be the designated approval authority, with the planning commission being the recommending body.

Licensed: Residential care facilities shall be licensed by the appropriate state or county agency and shall comply with all licensing requirements thereof.

Parking: Parking shall be provided based upon demonstrated need but shall not require more parking than required for other residential uses within the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of chapter 17.58 shall also apply.

Signs: In residential neighborhoods, all identification signs for uses listed herein are restricted to the size and location provisions for home occupation signs. Signs for residential care facilities located on nonresidential property shall comply with provisions of chapter 17.62, "Signs."

Exceptions To Development Standards: The planning director shall administratively review and may approve exceptions and deviations to the development standards of this code, including, but not limited to, encroachments into setback areas or required yards, maximum lot coverage, accessory structures, parking variations, and similar requests to accommodate the needs of persons with disabilities.

Location Permitted: An ADU may be located on any property where a residential dwelling is permitted by right or conditionally permitted and where the proposed accessory dwelling unit will be an accessory to the primary dwelling unit.

Maximum Number Of Units And Density:

State Exempted "By Right" ADUs: The city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:

Maximum Unit Size: The total floor area of an attached or detached ADU shall not exceed one thousand (1,000) square feet for an ADU with more than one bedroom or eight hundred fifty (850) square feet for an ADU with one bedroom or less. However, in no case shall an attached ADU exceed fifty percent (50%) of the total square footage of the existing principal residence. An exception to the fifty percent (50%) maximum shall be waived in order to allow a minimum eight hundred (800) square foot and a maximum one thousand (1,000) square foot ADU.

Minimum Unit Size: An ADU shall be a minimum of one hundred fifty (150) square feet or the size necessary to accommodate an efficiency unit as defined by Health and Safety Code section 17958.1, whichever is greater.

Setbacks:

Lot Coverage: The principal residence and ADU combined shall meet the requirements for lot coverage or floor area ratio of the zoning district in which the property is located. The maximum lot coverage or floor area ratio required by the zoning ordinance shall be waived in the amounts necessary to accommodate an ADU with a gross floor area of up to eight hundred (800) square feet with the minimum required side and rear yard setbacks.

Height: A detached ADU shall not exceed sixteen feet (16') in height on a single-family property or on a multifamily property. A detached ADU shall not exceed eighteen feet (18') in height for a multifamily, multistory dwelling unit. A detached ADU on a single-family or multifamily property that is within one-half (1/2) of one mile walking distance of a major transit stop or a high-quality transit corridor shall not exceed eighteen feet (18') in height, except the detached ADU may be up to twenty feet (20') in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. The maximum height for an attached ADU shall conform to the height requirements of the zoning district where the lot is located.

Required Parking: The following parking requirements apply to ADUs:

Entrance: An ADU shall require a separate entrance from the main entrance to the proposed or existing principal residence.

Public Utilities And Services: ADUs shall be served by public water and sewer and shall have access to an improved public street. Separate utility connections shall not be required for any ADUs which are the result of a conversion of existing space, plus an addition of up to one hundred fifty (150) square feet as allowed by this section, or within the proposed space of a single-family dwelling (new construction). All other ADUs will require separate utility connections.

Design: All attached and detached ADUs which are visible from the street shall have the same architectural style, detail, color, and building materials as the existing or proposed primary dwelling unit. For detached ADUs which are not visible from the street, the detached ADU shall have the same color and materials as the existing or proposed primary dwelling unit.

Mechanical Equipment: All mechanical and utility equipment shall be screened from view from the street through a combination of wall or fencing and landscape plant materials sufficient to screen the height and width of the equipment.

Fire Sprinklers: Fire sprinklers in an ADU shall not be required if they were not required for the primary dwelling, in accordance with Government Code section 66314. For an ADU in a multifamily structure, the entire residential structure shall serve as the "primary residence" for the purposes of this requirement. If the multifamily structure is served by fire sprinklers, the ADU shall be required to install fire sprinklers.

Occupancy: Owner-occupancy shall not be required as a condition of permit approval for ADUs.

Location Permitted: A JADU may be located on a property within a single-family residential zone with one primary dwelling unit located, or proposed to be built, on the property.

Relationship To Principal Use: The JADU shall be located entirely within the walls of a proposed or existing single-family residence, including an attached garage, except that up to one hundred fifty (150) square feet may be constructed outside of the walls of the existing structure in order to provide ingress and egress into the unit.

Maximum Number Of Units And Density: There shall be a maximum of one JADU per lot. A JADU may be in addition to a detached accessory dwelling unit that is consistent with section 17.90.020.

Maximum Unit Size: The total floor area of a JADU shall not be more than five hundred (500) square feet, excluding any shared sanitation facility within the principal single-family residence.

Setback And Other Zoning Regulations: For purposes of setbacks and other zoning regulations, the JADU shall be considered to be a part of the principal use of subject site and shall be subject to the same requirements of the underlying zoning district.

Parking: No off-street parking is required for a JADU.

Entrance: A JADU shall require a separate exterior entrance from the main entrance of the proposed or existing single-family residence. If the JADU shares a bathroom with the existing dwelling, access from the inside of the unit to the main living area of the dwelling shall be provided.

Landscaped Planter: When the JADU is constructed in an existing garage, an in-ground or raised landscaped planter, thirty inches (30") in depth, shall be installed between the driveway and the former garage door. The planter depth may be reduced if necessary to maintain a minimum eighteen-foot (18') long driveway, measured from the back of the sidewalk to the landscaped planter.

Efficiency Kitchen: A JADU shall include an efficiency kitchen.

Occupancy And Ownership:

Inspection: Prior to the issuance of a building permit, the JADU shall be inspected by the building official for compliance with applicable building standards and codes and shall pay any fee imposed for that inspection.

Application: An applicant for an ADU or JADU shall submit an application on a form provided by the city, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed, all required materials are submitted, and the application fee is paid.

Fees:

Preliminary Title Report: A preliminary title report dated within six (6) months of the application submittal date, including a digital copy of all referenced documents.

Utility And Service Information: Provide information on available utility easements, services, and connections.

Recordation Of Deed Restriction: The applicant for a JADU building permit shall file a deed restriction with the building permit application. The deed restriction, which shall run with the land, shall be filed with the city and recorded with the Monterey County recorder's office. The deed restriction shall include the following:

Nonconforming Conditions: The construction of an ADU or JADU shall not create any unpermitted construction or illegal nonconforming zoning conditions; however, an application shall not be denied due to the correction of preexisting nonconforming zoning conditions.

Ministerial Permit Approval: An ADU permit application for either an attached or detached ADU and/or JADU permit application is required in order to demonstrate that a unit is in compliance with the provisions of this chapter. If the ADU and/or JADU is in full compliance with the provisions of this chapter, a ministerial, nondiscretionary permit shall be issued. Notwithstanding anything contrary in this code, the issuance of a ministerial ADU permit is not appealable.

Discretionary Review As Alternative To Ministerial Approval:

Neither an ADU nor JADU shall be sold separately from the primary residence. However, an ADU may be sold separately or conveyed pursuant to Government Code section 66341, and, if and when, the city adopts a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU or units as condominiums pursuant to Government Code section 66342.

If an ADU or JADU is rented, the unit shall not be rented for a period of less than thirty (30) consecutive calendar days.

No Maximum Term Limit:

Maximum Fourteen Day Term Limit (Consecutive Or Intermittent): The following uses are permitted for a maximum fourteen (14) day period with approval of a temporary use permit. No more than one such temporary use permit may be issued for each property within a three (3) month period (no more than 1 per quarter, based on a calendar year).

Maximum Thirty Day Term Limit (Consecutive): The following uses are permitted for a maximum thirty (30) day period with approval of a temporary use permit. No more than one such temporary use permit may be issued for each property within a three (3) month period (no more than 1 per quarter, based on a calendar year).

Maximum Six Month Term Limit: The following use is permitted for a maximum six (6) month period with approval of a temporary use permit.

Maximum One Year Term Limit: The following uses are permitted for a maximum one year period with approval of a temporary use permit.

Permit Required: Unless exempt from permit requirements pursuant to section 17.94.030, "Exemptions", of this chapter, all wireless communication facilities require a conditional use permit pursuant to section 17.16.060 of this title. A collocation facility shall be a permitted use not subject to a city or county discretionary permit if is satisfies the requirements set forth in California Government Code 65850.6.

Permit Processing: Permits shall be processed in accordance with applicable provisions of division II of this title.

Permit Fees: Any permit fee imposed by a city, including a chartered city, a county, or a city and county, for the placement, installation, repair, or upgrading of telecommunications facilities such as lines, poles, or antennas by a telephone corporation that has obtained all required authorizations to provide telecommunications services from the public utilities commission and the federal communications commission, shall not exceed the reasonable costs of providing the service for which the fee is charged and shall not be levied for general revenue purposes pursuant to section 50030 of the California Government Code.

Conditions: The designated approving authority for each of the listed permits may impose conditions on the wireless communication facility applications to ensure compliance with all provisions and purposes of this chapter. While, 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 section 17.98.020 of this title, a city or county shall not do any of the following, pursuant to section 65964 of the California Government Code:

Findings For Denial: Findings to deny any permit for a wireless communication facility as regulated herein shall be done in writing and supported by substantial evidence contained in the written record. Denial shall not be based on the environmental effects of radio frequency emissions that comply with the federal communication commission emission regulation.

A wireless communication facility shall be exempt from the provisions of this chapter if and to the extent that a permit issued by the California public utilities commission (CPUC) or the rules and regulations of the federal communication commission (FCC) specifically provide that the antenna is exempt from local regulation.

Satellite earth station (SES) antennas, which are two meters (2 m) (6.5616 feet) or less in diameter or in diagonal measurement, located in any nonresidential zoning district. In order to avoid the creation of an attractive nuisance, reduce accidental tripping hazards and maximize stability of the structure, such antennas shall be placed whenever possible on top of buildings and as far away as possible from the edges of rooftops.

Parabolic antennas, direct broadcast satellite (DBS) antennas and multipoint distribution service (MDSI antennas, which are one meter (1 ml (3.2808 feet) or less in diameter or diagonal measurement and television broadcast service (TVBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front yard setback area. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in accidental tripping hazards if located adjacent to a street or other public right of way.

Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions and are therefore exempt from permit provisions of this chapter in compliance with the following standards:

General Development Standards: Unless otherwise exempt pursuant to section 17.94.030, "Exemptions", of this chapter, the following general development standards shall apply to all wireless communication facilities:

Development Standards For Amateur Radio Antennas: Amateur radio antennas as defined in section 17.98.020, "Definitions", of this title may exceed the height limit and/or amend the setback provisions of the exempt amateur radio antenna structures (section 17.94.030, "Exemptions", of this title) only when said regulation will result in unreasonable limitations on, or prevent, reception or transmission of signals. The designated approving authority may issue the design review permit subject to any conditions necessary or appropriate to minimize the safety or aesthetic impacts of antenna installations, provided the conditions do not unreasonably prevent or limit transmission or reception of signals.

Development Standards For Towers: The following development standards shall apply to towers (including collocation facilities) as defined in section 17.98.020, "Definitions", of this title:

Noise: All wireless communication facilities shall comply with section 17.60.030, "Noise Standards", of this title at all times. When facilities are located within one hundred feet (100') of any residential property, a noise analysis shall be required to ensure that all proposed equipment either complies with or employs noise attenuation measures in compliance with the city's maximum noise level standards. Backup generators shall only be operated during power outages and for testing and maintenance purposes.

Nonionizing Electromagnetic Radiation (NIER) Exposure: No wireless 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 this end, no facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC's maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state, or the federal government.

In the city of Greenfield, murals foster a sense of community and connection and enrich the experience of both tourists and residents. Acknowledging that murals provide economic benefits and enhance livability, the city's mural policy seeks both to preserve historic murals already in existence and provide guidance for creation of new works of art.

On landmark, personal and city owned properties, the policy seeks to allow the placement and scale of new murals in such a way that the character-defining features of properties are not obscured, covered, or otherwise adversely affected. The policy encourages artistic expression through murals in appropriate locations with little intrusion into artistic expression and content.

Permit Required: Prior to installation, alteration, or removal, all murals require submission of an application and issuance of a permit subject to the following provisions:

Installation And Maintenance Of All Approved Murals:

Location, Design And Style Of Murals:

Alteration And Removal Of Murals:

All artists and building owners proposing murals on properties shall first submit their proposals for review by the planning commission in a public meeting for a recommendation, which proposal and recommendation shall then be submitted to the city council for further review and recommendation. The proposal and city council's recommendation shall then be forwarded to the community development department for direction when issuing a permit.

All of the following materials must be submitted with application for a mural:

Recommended And Preferred Content For Murals:

The number of murals approved each calendar year shall be at the discretion of the city council.