The provisions of this article shall apply to the uses enumerated in this article. Where this article prescribes regulations more restrictive than the regulations for the zone in which a use or condition is permitted or a conditional use, the provisions of this article shall control.

(Ord. No. 621; Code 1984, § 20400)

(a)

Purpose. The purpose of these regulations is to allow for a business to be conducted in the home, which is accessory to a residential land use where such a use will clearly not be disruptive or alter the character or the appearance of the neighborhood

(b)

Permit required. Dwelling units may be used for business purposes when a business license, in conformance with chapter 18, and a home occupation permit have been issued. A home occupation permit shall be required for each business. If a business license for a home occupation is not renewed, the home occupation permit shall automatically expire with the business license. A fee for the processing of a home occupation permit may be established from time to time by resolution of the city council.

(c)

Issuance of permit. The director may, upon application, and payment of the required fee, issue a home occupation permit, with the conditions required in this section and any time limitations that are deemed necessary. The permit shall not be issued unless the director is satisfied that the applicant will meet all the conditions listed in subsection (d) of this section and the applicant has agreed in writing to comply with such conditions. The director may require a hearing for home occupations which the director determines potentially may not meet the purposes of this section. If a hearing is required it shall be in accordance with the requirements of sections 90-43.3 through 90-43.6.

(d)

Conditions. The following conditions shall be observed at all times by the holder of a home occupation permit. In order to meet the purposes of the zone, for public safety, and/or to meet the requirements of state and local laws, the director may require additional conditions.

(1)

Signs or advertising shall not be displayed on the premises except for signing permitted under article XXXVI.

(2)

Employees, assistants or volunteers who are not occupants of the dwelling shall not be employed on the premises.

(3)

The home occupation, including inventory and supplies stored on the premises, shall be conducted wholly within the structures on the premises and shall not exceed 25 percent of the total floor area of the structures. The required garage space shall not be utilized for home occupation purposes. Required off-street parking areas may not be utilized for home occupations other than for parking, and shall not be considered as part of the total floor area.

(4)

Display(s) of any kind shall not be visible from the exterior of the premises.

(5)

No mechanical or electrical apparatus, equipment or tools shall be permitted except those items which are commonly associated with residential use or are customary to home crafts.

(6)

Pedestrian or vehicular traffic shall not be in excess of that customarily associated with the zone in which the use is located.

(7)

No customer services or sales of goods, wares or merchandise shall be made on the premises, except by telephone, computer or as follows:

a.

Instruction or teaching: A maximum of three students per session and/or six students per day.

b.

The director may make allowances for single events in order to have more than the maximum of six students per day and/or three students per session.

(8)

There shall be conformity with fire, building, plumbing, electrical and health codes and with all state and local laws.

(9)

There shall be no demand for municipal or utility services or community facilities in excess of those usual and customary for residential use.

(10)

The residential character of the premises shall not be altered, nor shall the use unreasonably disturb the peace and quiet of the area, including alteration or disturbance relating to radio and television reception, color, design, materials, construction, lighting, sounds, noises, vibrations or vehicles.

(11)

The director, in approving a home occupation permit, may impose any additional conditions as deemed necessary to carry out the intent of this section.

(12)

If the zoning regulations applicable to the premises are amended to prohibit such use, the home occupation permit shall be canceled within 90 days after notification.

(e)

Grounds for revocation of permit. Any home occupation permit shall be revoked by the director upon violation of any requirements of this chapter, or upon failure to comply with any of the conditions or limitations of the permit, unless such violation is corrected within three days of the giving of written notice thereof. A permit may be revoked for repeated violation of the requirements of this chapter, notwithstanding further notice.

(f)

Appeal of denial or revocation of permit. A decision of the director may be appealed to the planning commission as prescribed in section 90-43.6.

(Ord. No. 1328; Code 1984, § 20401; Ord. No. 1563, § 2, 6-24-97; Ord. No. 1949, § 4(Exh. A, 4), 9-25-18; Ord. No. 1965(2020-004), § 2, 2-25-20; Ord. No. 1972, § 2, 2-9-21)

Cross reference— Businesses, ch. 18.

(a)

Purpose. The purpose of these regulations is to allow for temporary or infrequent events, including, but not limited to parking lot sales, circuses and other nonpermanent uses on properly zoned sites within the city.

(b)

Permit required. A temporary use permit shall be required for each business and/or non profit group hosting an event or sale. Prior to or concurrently with the issuance of a temporary use permit the applicant must also meet the requirements of chapter 18 regarding business licenses. A fee for the processing of a temporary use permit may be established from time to time by resolution of the city council.

(c)

Temporary uses and conditions. The following is a list of temporary uses along with the conditions by which the use shall operate. When a temporary use permit is approved by the director it shall be subject to the limitations prescribed in this section.

(1)

Outdoor art and craft shows and exhibits, outdoor sales and parking lot sales, subject to the following requirements:

a.

Temporary uses approved on public park sites are exempt from the requirements of this subsection.

b.

The proposed temporary use shall not reduce the site's required off street parking by more than 20 percent.

c.

Any site shall not be used for temporary uses more than 15 days in any 90-day period. When appropriate the director may authorize a longer period of time.

(2)

Circuses, carnivals or similar transient amusement enterprises, religious assemblies, and revival tent meetings, except in an R zone, and subject to not more than 15 days of operation in any 180-day period.

(3)

Christmas tree sales lots, except in an R zone, subject to not more than 40 days of operation in any 50-day period. The operation of the lot shall conform to the adopted City of Hemet Christmas Tree Lot Standards, the Uniform Fire Code, and the Uniform Building Code.

(4)

Contractors' offices and storage yards on the site of an active construction project. The final building permit or certificate of occupancy will not be signed off until such time as the contractor's office and/or storage yard is removed.

(5)

Mobile home residences for security purposes on the site of an active construction project. The final building permit shall not be signed off until the mobile home is removed.

(6)

Subdivision sales offices located within a subdivision, located on the site where building plans have been submitted for plan check, as long as the office is not located closer than 200 feet to an existing dwelling not part of the subdivision The office shall be removed prior to the opening of a model home complex.

(7)

Promotional or fundraising events of an educational, civic or cultural nature by not-for-profit groups in any zone. Time restrictions shall be established by the director when the temporary use permit is issued when verification of nonprofit status is provided no fee shall be charged for the temporary use permit.

(8)

Temporary recycling facilities.

(9)

Mobile MRI (magnetic resonance imaging) trailer.

(10)

Temporary flower stands.

(11)

Food vending carts in the C-1, C-2, and C-M zone as an incidental use to a host retail business, in accordance with the requirements of section 90-73.1.

(12)

Garage or yard sales in accordance with chapter 18, article IX or the Hemet Municipal Code, are allowed without a temporary use permit.

(13)

Temporary produce stands on land in use for agricultural purposes where locally grown seasonal crops may be sold. Products grown outside of the city and outside of the adopted planning area shown on the Hemet General Plan shall not be sold at a temporary produce stand. Temporary stands shall be for the display and sale of fruits, nuts or vegetables and shall be established subject to the following criteria:

a.

The site shall be a minimum of five acres in size and shall be in use for agricultural purposes.

b.

At least one product offered for sale shall have been raised on the premises. All other products offered for sale shall have been locally grown in the San Jacinto Valley.

c.

The duration of the use shall be established through conditions fixed by the director.

d.

The applicant shall submit plans for site ingress and egress and other plans which may be required by the director in order to make the site safe for the public and to meet state and local laws.

(14)

Temporary produce stands on land in the C and M zones, where seasonal crops may be sold. Temporary stands shall be for the display and sale of fruits, nuts or vegetables and shall be established subject to the following criteria:

a.

The site shall be vacant and shall be restored to its original condition at the end of each day. If there is a semi-permanent portable building used for the produce stand, it may remain in place for the length of the permit.

b.

The duration of the use shall be established through conditions fixed by the director, generally to run with the spring and summer fruit and vegetable crops.

c.

One handicap accessible restroom shall be provided.

d.

One city approved fire extinguisher shall be provided and located in the portable produce stand.

e.

At least two refuse containers shall be provided onsite located near the portable produce stand.

f.

Clearance from Riverside County Environmental Health Department.

g.

One onsite cellular telephone or similar device available for use in the event of an emergency. Evidence, prior to the establishment of the use, of liability insurance naming the city as an additional insured in the amount of $1,000,000.00.

i.

One double-sided 32 square foot sign per street frontage, with the sign copy and material professional in appearance, with clearly defined letters.

j.

Potted plant material shall be placed onsite to soften the appearance of the portable produce stand.

k.

A traffic circulation plan, approved by the Hemet Public Works Department. Any traffic signing required by the public works department shall be installed and maintained by the applicant.

(15)

Additional uses determined to be similar to the uses listed in this section in the manner prescribed by article I of this chapter.

(16)

Parking lot sales of new and used motor vehicles, in addition to compliance with all other provisions of this section 90-73, shall be subject to the following special requirements:

a.

Parking lot sales shall mean the sale of new or used motor vehicles at a temporary location, also known as an "off-site" location in the Regulations of the California Department of Motor Vehicles that is not a location integrated into a permitted motor vehicle dealer's use.

b.

Temporary parking lot sale shall only be conducted by a motor vehicle dealer licensed by the California Department of Motor Vehicles.

c.

Parking lot sales shall be permitted only during the last three weeks of May and the first week of June and the month of September in order to limit traffic congestion in the city during times of inclement weather or times of extreme heat.

d.

Applications for a temporary use permit for a parking lot sale of motor vehicles must be received for processing at least six months prior to the proposed date of such parking lot sale.

e.

Each motor vehicle dealer seeking to participate in parking lot sales shall obtain a separate temporary use permit in the name of that dealer's business.

f.

At the time of application for a temporary use permit for a parking lot sale, the provisions of subsection (b) above, requiring issuance of a City of Hemet business license, shall be complied with.

g.

Each motor vehicle dealer obtaining a temporary use permit for a parking lot sale shall deposit with the city the sum of $1,500.00 as security against sales tax revenues generated within the city during the parking lot sale in order to assure full compliance with all tax requirements for sales at locations other than the dealer's primary place of business. Such deposit shall be fully refundable to the dealer upon receipt by the city of all sales taxes generated by the applicant.

h.

Each dealer participating in a parking lot sale in the city shall comply with all regulations of the California Department of Motor Vehicles with regard to point-of-sale tax allocation. Failure to comply with all such requirements shall be grounds for denial of future business license and temporary use permits for parking sales.

(17)

Temporary metal storage containers for seasonal or temporary use may be permitted subject to the requirements of section 90-82, Metal storage containers.

(d)

Appeals. A decision of the director may be appealed to the planning commission as prescribed in section 90-43.6.

(e)

Extensions of time or modification of limitations. Upon written application, the director may extend the time within which temporary uses may be operated, or may modify the limitations under which such uses may be conducted, if the director determines that such extension or modification is in accord with the purposes of this chapter.

(f)

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

(Ord. No. 621; Ord. No. 1054; Ord. No. 1170; Ord. No. 1367; Code 1984, § 20402; Ord. No. 1563, § 2, 6-24-97; Ord. No. 1667, § 1, 4-9-02; Ord. No. 1909, § 1(Exh. C), 1-12-16)

(a)

Conditions. In order for a temporary use permit to be issued, food vending cart operators shall meet the following conditions:

(1)

The host business (one) shall have a minimum of 20,000 square feet of gross floor area.

(2)

The applicant shall submit an affidavit from the owner of the property on which the cart is placed, and from the business owner, if different from the property owner, granting permission for the placement and operation of the cart.

(3)

There shall be no more than one cart for each host business.

(4)

The cart shall not be placed in the public right-of-way, designated fire lanes, drive aisles, landscaped areas, required parking stalls, loading zones, exit-ways and pedestrian walkways. Placement of the cart shall not preclude safe pedestrian access, nor shall the placement of the cart require individuals to enter the drive aisle. A fixed location for the cart shall be established, and approved by the fire marshal.

(5)

All food and condiments shall be placed on or near the cart and shall occupy not more than 100 square feet of area. Customer seating or tables may utilize some additional area, provided that the extent of such seating and tables does not significantly expand the cart's operation or encroach into drive aisles, parking spaces or required exits.

(6)

The total area of all signs advertising and identifying the cart and its operation shall be limited to placement on the cart, and shall be less than 32 square feet in total area, including umbrellas and similar shade structures with signs placed over the cart or seating areas. Two price lists of not more than one square foot each may be posted on the cart, and may be excluded from the 32-square foot total sign arc.

(7)

The cart operator shall be responsible for the management and removal of all trash and refuse generated by the food service business.

(8)

The cart shall be limited to operating within the business hours of the host retail business.

(9)

The number of food items sold shall be limited to ensure that the cart remains as a minor and incidental use to the host retail business.

(10)

The cart operator and/or owner shall maintain a current city business license and Riverside County health permit, displayed in a conspicuous location on the cart.

(11)

The cart shall be totally freestanding and shall not have any electrical, plumbing, heating or other similar connections to the host business or any other nearby business facility.

(Ord. No. 1445; Code 1984, § 20403; Ord. No. 1563, § 2, 6-24-97)

Cross reference— Businesses, ch. 18; health and sanitation, ch. 34.

Editor's note— Section 2 of Ord. No. 1852, adopted June 12, 2012, repealed Ord. No. 1798, from which § 90-75, boarding houses and residential care facilities, had derived. See § 90-261 et seq. for similar provisions.

(a)

Intent. It is the intent of this section to provide regulations for the use of certified commercial coaches as a business, industrial or institutional facility, with development standards that determine the life of the permit.

(b)

Site development plan review required. If the land use has received previous approval, the use of a commercial coach on the site shall require a miscellaneous project application and approval, pursuant to article II, section 90-48 of this chapter.

(c)

Requirements. All owners of commercial coaches shall comply at all times with the following conditions:

(1)

Certification that the construction of the commercial coach is per state requirements with appropriate state label for commercial occupancy.

(2)

Sanitary hookups as required.

(3)

Provisions for handicapped accessibility, including handicapped restrooms.

(4)

The commercial coach shall comply with all standards of the zone in which it is located.

(5)

The use of the commercial coach shall be included when determining the parking and parking lot landscaping requirements for the site.

(6)

The commercial coach shall comply with setback and separation requirements as defined by the Uniform Building Code, and meet all minimum safety standards as defined by the state and authorized by the local jurisdictions.

(7)

Approval by the fire chief who has the ability to impose conditions ensuring the protection of the public.

(8)

All utilities serving the coach shall be underground.

(9)

Commercial coaches shall be fire-sprinklered.

(d)

Development standards. In order to approve the permanent use of a commercial coach the staff review board must find that it has met the following standards which address compatibility with surrounding development and visual impact of commercial coaches and their use.

(1)

Age of the coach. New coaches are preferred, and coaches can be no older than five years when sited under this permit.

(2)

Foundation. Foundation plans shall provide for the commercial coach to be located at ground level. Commercial coach foundation systems shall be installed in compliance with California Code of Regulations, Title 25, Section 133.

(3)

Materials. Materials used for siding and roof shall be compatible with surrounding buildings.

a.

Roof-mounted equipment is not permitted.

b.

Brick, wood, stucco, concrete, metal or other similar material is preferred.

c.

Glossy, reflective, polished and/or rolled-form type metal is expressly prohibited.

(4)

Architectural features. Architectural features of the commercial coach shall be utilized to enhance its compatibility with surrounding buildings, in the following areas:

a.

Window treatment;

b.

Building trimming;

c.

Roof pitch or detail:

1.

Eave overhangs are required.

2.

Main entryways shall be covered, with a lattice or solid cover.

d.

Commercial coaches previously approved may be subject to retrofitting in order to maintain architectural compatibility on the site, should other structures be placed on the site.

(5)

Permanent landscaping, irrigation and screening. Landscaping shall be designed to soften the visual impact of the commercial coach and paving.

a.

Landscaping plans shall be submitted to the planning director for review and approval prior to the installation of the coach.

b.

Landscaping and an automatic sprinkler system shall be installed prior to occupancy.

(6)

Colors. The colors of the coach shall be harmonious with surrounding structures, particularly if there is a main building on the same site.

(e)

Temporary facilities. Commercial coaches may be used for the following temporary purposes without conformance to the development standards outlined in subsection 90-76(d):

(1)

Construction office: On the site of active construction. See subsection 90-73(a)(4).

(2)

Subdivision sales office: One year. See subsection 90-73(a)(6).

(3)

Security office/caretaker's quarters: On the site of active construction. See subsection 90-73(a)(5).

(4)

Classrooms, sales office, storage: One year.

(5)

Location/viewshed: The coach should be located when possible, where it is generally screened from public view from scenic highways, entrances to the city, commercial centers, or an open viewshed in general.

(f)

Violation. Violation of this section shall be an infraction. Violation is further declared to be deemed a public nuisance which the city attorney shall cause to be abated.

(Ord. No. 1477, § 2(20405), 9-28-93; Ord. No. 1903, § 2(Exh. 1), 8-11-15)

(a)

The regulation and keeping of animals is additionally subject to the provisions of HMC Chapter 10, Animals.

(b)

Offspring of animals shall not be counted toward the maximum allowed number of animals until they have reached the age of four months for cats, dogs and other small animals, six months for large animals, and 12 months for horses.

(c)

Animals shall not be kept in any required front or side yard setback.

(d)

The conditions under which animals are kept must meet all applicable local, state, and federal laws and regulations.

(e)

Animals and/or conditions under which animals are kept shall not create a public nuisance and shall protect the public health and safety and the health and safety of the animals.

(f)

The raising, training, breeding, or keeping of allowed animals in residential zones for commercial purposes shall require a conditional use permit.

(g)

Animals permitted in each zone shall be as listed within the Animal Regulations and Keeping Requirements Matrix.

(h)

Chicken keeping in the residential zones is subject to the following:

(1)

Chicken keeping is prohibited in any zone not listed in subsection 90-77(g)(11), and within any mobile home park or RV park community.

(2)

Residential properties located within a specific planned area, planned unit development overlay district, or planned community development zone are subject to the development standards of the respective zone. If the development standards do not address chicken keeping, chicken keeping is prohibited unless determined otherwise by an established homeowners association or CC&Rs. If there is no homeowners association, the provisions of this section shall apply.

(3)

The regulations of this section do not supersede any covenants, conditions, or restrictions (CC&Rs) established by a homeowners association.

(4)

Chickens permitted to be kept per this section shall not be permitted to run at large on the lot or off the lot. Chickens shall be kept at all times within a suitable pen, coop, or enclosure with features such as an indoor or outdoor runway, a nesting box for eggs, and an area that provides protection from the weather and from predators.

(5)

All pens, coops, and enclosures are subject to the size and setback requirements for accessory buildings of the zone in which the property is located.

(6)

All feed must be stored in a vermin proof container.

(7)

Eggs produced by chickens permitted pursuant to this section are for personal use only and may not be sold commercially.

(8)

The premises where the chickens are kept shall be maintained in a clean and sanitary condition and free from offensive odors. Chicken excreta must be disposed of in the manner prescribed by the property's waste collection company.

(9)

The chickens shall not be subject to suffering, neglect, cruelty or abuse. Clean potable water and food receptacles shall be accessible to the chickens, and shall be located so as to minimize contamination by excreta.

(10)

The slaughtering of chickens is prohibited on residential properties.

(11)

It is the responsibility of owners to maintain their animals so that they do not disturb the neighbors. Complaints regarding odor, cleanliness, treatment, or noise shall be investigated by city code enforcement or animal control officers and may result in citation if the provisions of this section are not being met.

(Ord. No. 1552, § 2, 1-28-97; Ord. No. 1670, § 1, 6-11-02; Ord. No. 1884, § 1(Exh. A3), 5-27-14; Ord. No. 1904, § 1(Exh. A), 8-11-15; Ord. No. 1919, § 1(Exh. 5), 9-27-16)

(a)

Animal runs shall meet the following minimum requirements:

(1)

Minimum sizes:

a.

Three feet by five feet for small animals.

b.

Three feet by nine feet for medium animals.

c.

Nine feet by nine feet for large animals.

(2)

The runs shall be constructed and/or coated with nonporous material to discourage the breeding of ticks and other similar pests.

(3)

The runs and holding areas shall have concrete or other durable flooring sloped for proper drainage into a public agency approved septic or sewer system. The runs shall have floor drains sufficient to control drainage and washing of the runs.

(4)

The runs shall be washed down daily to control odor, flies and the breeding of ticks, fleas, bacteria and other similar vermin.

(b)

All excrement produced by kenneled animals shall be collected and dispersed on a regular basis in order to control flies and odor. The collected excrement shall be stored in an enclosed container and disposed of once per week.

(c)

Animals shall be kept indoors (within a building) from 7:00 p.m. to 7:00 a.m.

(d)

Animal runs, exercise areas, or the kennel area shall not be located within the required front, street side, or rear yards of the zone in which the site is located nor shall these facilities be located within 50 feet of the boundary line or property line.

(Ord. No. 1552, § 2, 1-28-97)

(a)

Intent. The intent of this article is to allow outdoor seating parklets for restaurants within existing parking lot space. This option offers support to the community's business, and provides a creative way of activating underutilized commercial development, and greater opportunity to enjoy outdoor dining options for the community and the public.

(b)

Definition. The following terms shall have the following meanings for the purpose of this chapter:

Buffer means the space between the parklet area and the adjacent parking spaces or travel lanes.

Parklet means a seating platform that converts curbside parking spaces into vibrant community spaces that may provide amenities such as: seating, landscaping, bicycle parking, art, among others.

Parklet is a semi-temporary restaurant seating area constructed on a raised platform in a parking space. The parklet also includes other design features, such as protective deck railing, shade structure, outdoor seating, landscape planters, and ambient lighting. A parklet is a small public gathering space, occupying up to two parking stalls as applicable, on a public street, and within an existing commercial center, whether owned privately or publicly, that is maintained by the business owner or property owner for a temporary period of time.

Parklet base means a raised platform that provides a base for tables, chairs, umbrellas, and other elements.

Parklet screen means the vertical elements separating the parklet base from adjacent travel lanes and parking spaces that may include; landscaping, planters, railing, among other elements.

Pedestrian pathway means a paved path or walkway owned privately, or owned by the city or other public entity that is specifically designed for pedestrian travel.

Public right-of-way means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the city or other public entity, or subject to an easement owned by or dedicated or granted to city.

Sidewalk means portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the city or other public entity, excluding any parkway.

(c)

Parklet permit submittal process.

(1)

Temporary use permit. It shall be unlawful for any person to operate or construct a parklet within an existing parking space or public right-of-way parking space without obtaining a temporary use permit for a parklet as required by this article. Parklets shall only be permitted as set forth in this article.

(2)

Conditional. A parklet permit is conditional at all times and may be suspended, revoked or cancelled by the city prior to expiration of the permit term.

(3)

Permit term. The term of a permit shall not exceed one year per permit.

(4)

Renewal. A new permit issued without additional review or additional fees, provided there will be no changes to the permitted parklet, unless the city determines that the parklet no longer meets the requirements of this article.

(5)

Application. Application for a parklet permit shall be made to the community development director on such application form and subject to such written procedures as the director may establish for that purpose.

(6)

Plan and other materials to accompany application. The following plan and other materials shall be submitted with the application for a parklet permit.

a.

Written approval from all owners of properties, and tenants of commercial properties, abutting or adjacent to the proposed outdoor seating parklet.

b.

A detailed plan, drawn to scale that clearly illustrates the location and design of the proposed parklet, full design details, wind load resistance calculations, emergency removal plan, installation details, insurance coverage, plus the parklet bond or deposit and all required fees. Where applicable, the plan must show all of the following:

1.

The layout and arrangement of the proposed parklet, including full design details, wind load resistance calculations, emergency removal plan, installation details, overall dimensions and the type, design, sidewalk clearance, and placement of any barriers and furnishings such as, but not limited to, tables, chairs, umbrellas, planters, shade structures, bike racks and any other appurtenances to be located within the boundaries of the proposed parklet.

2.

Photographs or other graphic representations, together with specifications, which depict the design, materials and colors of chairs, tables, umbrellas, barriers and other appurtenances to be located within the boundaries of the proposed parklet.

3.

Photographs of the proposed site of the parklet area, showing the relationship of the site to the adjacent sidewalk and buildings.

4.

A written letter that includes detailed description of the manner of removal of the parklet upon the expiration and non-renewal.

5.

Such additional information as the director may reasonably require as needed to determine compliance with the provisions of this division.

6.

An application fee for the parklet temporary use permit review shall accompany the application submittal requirements, which are filed with the community development director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

7.

Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

8.

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent of the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

9.

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(7)

Review. Complete application supplements shall be reviewed for compliance with the standards, criteria and conditions of this article and city ordinances and must be approved by the following city departments/divisions: community development public works, engineering, fire, building and safety, and any other city department or division deemed necessary by the community development director.

(8)

The development review committee shall review the preliminary application to evaluate considerations, such as buffers from traffic/drive aisles, decking materials, aesthetics, tables and seating arrangements, ADA accessibility, barriers and railing, seating, shade, vegetation and landscaping, amenities, bike parking, trash, lighting, emergency access, interference with utilities or other on-site improvements, and other safety elements.

(9)

Permit issued. Parklet permits will be issued based on application supplements that meet all requirements of this article and City Code, including the posting of a parklet bond or deposit and submittal of certificates of insurance. Approval of a parklet permit is conditional at all times. In addition to the parklet permit, a building permit and/or revocable encroachment permit may be required. The applicant shall be responsible for submitting the necessary applications and fees for such permits and for obtaining all necessary permits in accordance with City Code.

(10)

Denial. A parklet permit shall be denied when:

a.

The applicant has been found to have had a violation of City Code that has been unresolved.

b.

It is necessary to prevent a nuisance from developing or continuing;

c.

It is necessary to protect the public safety;

d.

The application supplement does not comply with the requirements of this article or applicable law;

e.

All necessary permits have not been obtained.

f.

The applicant misrepresented or provided false information in the permit application.

g.

The parklet permit has been suspended more than two times in a 12- month period on grounds of noncompliance pursuant to this section.

h.

The parklet creates a public nuisance or a hazard to the public health, safety or welfare.

i.

The community development director finds in writing that there is a superseding public need relative to the portion of the public right-of-way occupied by or otherwise affected by the parklet.

(d)

Insurance, indemnification and bonding.

(1)

Before a parklet permit is issued under this article, a certificate of insurance will be required in an amount not exceeding $1,000,000.00 which names the city as a co-insured for protection against claims of third persons for personal injuries, wrongful deaths and property damage. The city officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after 30 days' written notice to the city. A copy of the certificate will remain on file in the city clerk's office.

(2)

By obtaining a parklet permit, the permittee agrees that it shall indemnify and hold harmless the city and its commissioners, officers, employees and agents from all liabilities, damages, losses and costs, including but not limited to reasonable attorneys' fees, arising from applicant's installation or use of the parklet. The permittee shall pay all claims and losses and shall defend all suits, in the name of the city, its employees and officers, including but not limited to appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue from any such proceedings. An applicant shall execute a hold harmless agreement as provided by the city prior to the issuance of a permit under this article.

(3)

Bond. Prior to issuance of a building permit for approved parklet, the applicant shall post a parklet bond or deposit with the building and safety division, in an amount satisfactory to the city, to cover the costs associated with removal of the parklet and restoration of the right-of-way in the event the applicant fails to do so when required. Only the following types of bonds or deposits will be accepted: (i) bond issued by a surety company authorized to do business in California, (ii) deposit of a cashier check or bank draft of any national bank or state bank, (iii) deposit of a certified check drawn on a financial institution acceptable to the city, as determined by the finance department, or (iv) deposit of a U.S. postal money order.

(e)

Parklet location. Parklets shall only be permitted in those areas which meet each of the following location criteria:

(1)

Parklets may be located within an existing parking space within a commercial site, along the frontage in conjunction with the operation of a bonafide restaurant, coffee shop, donut, ice cream or other food eatery. Parklets in the right-of-way may utilize on-street parking space on a street with a posted speed limit of 35 mph or less and are located within a commercial setting and as described above. An outdoor dining area to be shared between establishments may vary from these requirements as approved by the community development director.

(2)

Parklets may be located in all commercials zones and specific plan areas meeting the above criteria.

(3)

A revocable encroachment shall be approved prior to issuance of building permits when parklet is located within an on-street parking space.

(4)

Parklets shall not be located in front of or restrict access to fire hydrants.

(5)

Parklets shall not be located in front of or interfere with bus stops.

(6)

Parklets shall not obstruct access to storm inlets, manholes or other utility access points, including above grade utility facilities.

(f)

Parklet site development standard.

General standards. Parklets shall conform to each of the following general standards:

(1)

Shall be well designed in conformance with the design standards, attractive, comfortable, and inviting, as determined by the city.

(2)

The parklet may be located within an existing parking space, up to a maximum of two spaces.

(3)

The proposed temporary use shall not reduce the site's required off-street parking by more than 20 percent.

(4)

Parklets shall have a minimum three-foot clearance from adjacent parking spaces.

(5)

A minimum three-foot clearance from the travel lane to provide adequate protection to occupants.

(6)

The proposed parklet will not cause a safety hazard.

(7)

The proposed parklet will not cause undue motor vehicle traffic congestion in the surrounding area.

(8)

ADA parking spaces shall not be removed, unless replaced. If re-located shall comply with Title 24 accessibility requirements.

(9)

Outdoor seating shall be served by an accessible path of travel.

(10)

An accessible path of travel shall be maintained for pedestrian and disabled access circulation to and within the customer dining area. Said path of travel shall be not less than four feet in width and comply with the California Building Code.

(11)

Exiting shall not be impeded by outdoor seating.

(12)

Structures shall be permitted through the City of Hemet Building Division and all applicable permit fees shall apply.

(13)

Outdoor seating areas are permitted and required to be in compliance with California Fire and Building Code Chapter 10 provisions for emergency egress from any building exit through and from the proposed seating area(s).

(14)

Portable pre-manufactured heating units shall be used in compliance with California Fire Code Chapter 3.

(15)

All electrical and plumbing must meet city requirements.

(16)

Drainage: Parklet design and installation shall not negatively impact existing site drainage and shall keep existing flow lines and gutters clear. Curbside drainage shall not be impeded; a drainage canal underneath the platform shall be installed when necessary.

(17)

Encourage usage of shared parklets among restaurants.

(18)

Sight lines: Sight lines at existing driveways (and intersections) shall be verified; clear zones will need to be protected.

(19)

Parklets should not be allowed where a bus stop or bus pad is located. A minimum clear area of 60 feet for bus parking/stopping plus 20 feet pull in/out distance on both sides of the clear area (minimum total of 100 feet).

(20)

Parklets shall not impede bicycle routes.

(21)

Access point(s) to parklets shall be provided via sidewalk or pedestrian pathways. No openings/access shall be allowed towards roadways and/or drive aisles.

(22)

If an enclosure wall or fence is provided for the outdoor dining area, it must include appropriate additional detailing and architectural enhancements as deemed sufficient by the director and complement the design, scale, colors and materials of the adjacent building.

(g)

Prohibited in parklets.

Prohibited uses. The following are prohibited in parklets:

(1)

Advertising.

(2)

Consumption of alcohol except in compliance with a valid ABC license.

(3)

Smoking.

(4)

Gas or diesel generators.

(5)

Electric cords that cross the public or pedestrian sidewalk.

(6)

No advertising or business identification shall be permitted.

(7)

No outdoor merchandise shall be allowed in the parklet.

(8)

No food preparation, food or beverage storage, refrigeration apparatus, or equipment shall be allowed in the parklet.

(9)

No food cooking (BBQ) griddle, burners, hot plate, external flame cooking apparatus shall eb allowed in the parklet.

(10)

No amplified entertainment shall be allowed in the parklet, except as authorized by special events permit.

(11)

Flashing lights.

(12)

Excessive decoration.

(13)

Decking of plywood, lattice or concrete material is prohibited, in addition to synthetic turf, carpet, or similar coverings are prohibited.

(14)

Plastic furniture or non-commercial grade furniture is not permitted.

(15)

Chain link, rope, wire/steel cable, wood lattice, industrial tarps, prefabricated plastic/vinyl fencing and concrete block are prohibited.

(16)

Pop-up tents, except as authorized under temporary use permit approval.

(h)

Design standards. Parklets shall conform to each of the following design standards:

(1)

Parklet base:

a.

All parklets shall require a platform base. The finished floor height of the platform base shall be level with the elevation of the adjacent public sidewalk, and may not have more than a one-half inch gap (vertical or horizontal) from the curb.

(2)

Decking material:

a.

Plastic or composite decking

b.

Treated wood decking

c.

Treated wood decking tiles

d.

Concrete pavers on a pre-engineered pedestal system.

(3)

Color. Decking platform and skirting materials shall be limited to blacks, grays, browns. natural wood finishes, and similar neutral colors.

(4)

Stormwater management. Platforms shall be designed as to not impede the flow of stormwater and drainage. A minimum six-inch horizontal bap below the decking surface shall be provided between the curb face and base frame along the gutter to allow rainwater to naturally flow without obstruction.

(5)

Railing/barrier.

a.

All parklets shall provide protective safety railing or similar barrier around the parklet.

b.

The railing or barrier shall be a minimum of 42 inches from the finished platform deck surface and shall be a maximum of 50 inches from the asphalt surface of the parking space. The railing barriers shall be attached to the platform base. The railings may not be attached to the roadbed or curb.

(6)

Safety elements requirements.

a.

A five-foot long wheel stop shall be installed two feet from either side of the parklet side screens, creating a buffer zone. Two-foot buffer zones may include elements that increase the visibility of the parklet.

b.

Two white safe-hit type 2 surface mount delineators shall be installed in line with wheel stops, seven feet from the curb edge.

(7)

Materials.

a.

Parklets should be constructed of high-quality, durable, non-reflective, and aesthetically pleasing materials. Steel, finished woods, salvaged building materials, and sustainably sourced materials are recommended. All walking surfaces should be non-slip and weather resistant to ensure safety and accessibility. The parklet should also be designed for ease of disassembly and potential for recycling or reuse of materials.

(8)

Landscaping.

a.

Landscape plantings help soften the space and can provide an aesthetically pleasant buffer along the street-facing parklet edge. Drought-tolerant landscape elements can include planter boxes, hanging planters, green walls, or ACA accessible raised beds.

b.

Planters may be incorporated into the design of the railing or barrier.

(9)

Furniture.

a.

Furnishing should be of quality materials and designed for outdoor use.

b.

Furniture may be metal, finished wood, vinyl or other consistent furniture material. Plastic furniture or non-commercial grade furniture is not permitted.

(10)

Lighting/misting systems.

a.

Self-contained low-voltage lighting systems, such as solar or battery powered lights are encouraged. Flashing lights and cords are prohibited.

b.

Misting systems shall be integral to the parklet structure. Water supply for misting system shall not be permitted to extend or spray into the public sidewalk or other location.

(11)

Parklet fixtures.

a.

Shall not be placed outside or hang over the designated parklet area.

b.

Shall not be physically attached, chained or in any manner affixed to any structure, tree, signpost, or light pole.

c.

Shall be commercial-grade furniture.

d.

Shall be maintained in a clean, sanitary and safe manner.

e.

Shall maintain a minimum vertical clearance of seven feet.

(12)

Roof materials.

a.

Shall not be placed outside or hang over the designated parklet area.

b.

The maximum height of any roof or shade structure shall not exceed 12 feet in height.

(i)

Maintenance responsibility and operations.

(1)

Parklets shall be maintained in a clean, sanitary and safe manner at all times; free of debris, grime, and graffiti. The restaurant operator shall maintain the outdoor dining area in a clean and safe condition at all times, and shall properly dispose of all trash generated by the operation.

(2)

All removable tables and chairs must be removed and stored at the close of business.

(3)

During non-business hours, items placed in parklet such as materials, furniture shall either be removed from the parklet or secured.

(4)

Food trays or carts may not be stored in parklets.

(5)

The parklet area shall be kept in a safe condition at all times, and all landscaping shall be kept in good health.

(6)

Permittees shall keep parklets free of litter and debris and keep the portion of the traffic barriers within the parklet area clean and well-maintained.

(7)

Permittee shall comply with all applicable California Alcoholic Beverage Control (ABC) regulations regarding alcohol use for their operations within a parklet. Permittees are solely responsible for securing a valid ABC license to allow/extend business operations within the parklet. A parklet permit does not constitute approval to serve alcohol without an approved ABC license.

(j)

Suspension, revocation and removal.

(1)

The community development director shall have the authority to order the removal of any parklet, parklet base, parklet fixture, parklet screen, and other ob jects on public property which are used in connection with any parklet which does not have a valid parklet permit. after 48 hours' notice directing such removal.

Such notice may be given by hand delivery to such person responsible for the unpermitted parklet or by posting such notice on the offending parklet or parklet fixture.

(2)

Any parklet permit may be revoked and any parklet may be removed, relocated or adjusted at any time, as determined to be necessary by city, in order to perform work in, on, above or under the private property or right-of-way in the area of the parklet or for any municipal purpose. When feasible, the city will give the applicant 30 calendar days' notice to remove the parklet at the applicant's expense.

(3)

A parklet permit may be revoked or suspended by a special magistrate if it is determined that:

a.

Any required certificate of use or health permit has been suspended, revoked or cancelled;

b.

The permittee does not have the required insurance;

c.

The permittee has been found in violation of the parklet standards on three separate occasions;

d.

It is necessary to prevent a nuisance from developing or continuing;

e.

It is necessary to protect the public safety;

f.

The permittee fails to comply with the insurance and bond requirements of this article;

g.

The permittee fails to obtain all necessary permits, including building permits or right-of-way permits

h.

In order to comply with applicable law.

(4)

The parklet permittee shall remove the parklet, including the parklet base, parklet fixtures and parklet screen, at permittee's costs, within ten days of expiration of the parklet permit or within the time provided by notice of removal from the city.

Upon complete removal of the parklet to the city's satisfaction, and completion of any necessary repairs to public property, the city will return the parklet bond or deposit, or issue consent to the bond cancellation.

(5)

In the event the parklet is not timely removed, the city may remove the parklet and parklet base, parklet fixtures and parklet screen. In the event of an emergency where notice cannot be given, the city may remove a portion or all of a parklet. In the event that the city must remove the parklet and/or parklet base or parklet fixtures, the city may use the parklet bond funds for the removal, disposal and repair of public property and the permittee shall reimburse the city for any costs of removal, disposal or repair that exceed the bond amount.

(Ord. No. 1993, § 1, 3-8-22)

Editor's note— Ord. No. 2009, § 3, adopted March 14, 2023 repealed § 90-80 which pertained to tobacco stores, smoking lounges and head shops and derived from Ord. No. 1857, adopted September 25, 2012.

Personal storage facilities shall be constructed in the following manner:

(1)

Each facility shall be provided with a minimum stacking area (outside of the public right-of-way) of three vehicles (75 feet) at the project entry.

(2)

A minimum of 25-foot landscape area shall be provided for any frontage along a street right-of-way.

(3)

A minimum separation of 1,000 feet shall be provided between lots on which mini-storage facilities are constructed.

(4)

Visual monotony of the exterior elevations of the mini-storage facilities facing public rights-of-way shall be minimized with the use of varying building materials, change of building surface or planes, the use of pilasters or other suitable architectural features, and additional landscaping setback.

a.

Any perimeter wall surface shall be modified at a minimum of every 100 linear feet.

b.

For projects having exterior wall surfaces higher than eight feet for every 100 linear feet, an additional five feet of landscape setback shall be required for a distance of 50 feet.

c.

For projects having exterior perimeter walls under eight feet of height or lower, a break in wall material shall occur at a minimum of every 100 linear feet. Allowable treatment shall include change in materials, increased setback, wrought iron fences at a minimum of width of five feet.

(5)

The exterior building materials for mini-warehouse storage facilities shall not include precision block masonry.

(6)

No mini-storage facility shall be constructed within 600 feet of Florida Avenue.

(7)

The architecture of the caretaker and mini-storage facilities shall be fully integrated so as to present a uniform appearance.

(8)

Landscaping:

a.

Designated landscaping areas shall be covered in a combination of lawn, ground cover, shrubs, and trees.

b.

In addition to the required number of street trees, one tree shall be planted for every 500 square feet of landscaping in all other areas. All trees shall be a minimum of 15 gallon size with 25 percent planted at 24-inch box size.

c.

A minimum of 25 percent of all landscaping areas shall be planted in shrubs. The shrub areas shall be inter-planted with nonagressive type ground cover. Triangular spacing shall be used in row plantings of all ground cover and shrubs.

d.

Landscape irrigation. Automatic irrigation shall be provided with adequate water coverage for all landscaped areas.

(Ord. No. 1875, § 1(Exh. 1C), 1-14-14)

(a)

Purpose. The purpose of this section is to establish regulations and application procedures for the placement and use of metal storage containers in specified zones to ensure public safety and compatibility with the surrounding uses and neighborhoods. The city recognizes that certain businesses have relied on the long-term use of storage containers without any previous authority for such use in the Municipal Code. The establishment of this section seeks to bring these existing storage containers into compliance where possible, while also setting reasonable standards for the future use of storage containers by new businesses and development.

(b)

Definitions.

(1)

A metal storage container (MSC) is a portable shipping or cargo container made of metal that is used for the onsite storage of property, equipment, documents or goods associated with the primary business housed in an enclosed building on the property, or construction site. A metal shipping container is considered to be a maximum of eight feet wide, and extend to a maximum of 53 feet long. For the purposes of this section, the MSC shall not be used as habitable space.

(2)

A portable moving container or "portable on demand" (POD) is a container that is rented by the user for a short period of time for the purpose of moving personal goods. The container shall not to exceed 8 × 8 × 16 feet in size.

(c)

Exemptions. The following uses are exempt from the metal storage container permit requirements:

(1)

A portable storage structure of 120 square feet or less, that is in compliance with the accessory structure provisions of the zone in which it is located.

(2)

A portable moving container located on the driveway of private property for moving purposes only and for duration not to exceed 14 days. The container shall not be placed in the street or extend into the sidewalk or public right-of-way, or be placed in the front or side yard areas.

(3)

Metal storage container(s) at a construction site with an active building permit in effect. The containers shall be removed within seven days of expiration of the building permit or prior to the issuance of a certificate of occupancy, whichever occurs first. The placement of the containers onsite shall be in compliance with the standards contained in subsection (g), unless otherwise approved by the community development director.

(4)

Metal storage containers(s) at an existing and active agricultural operation in an agricultural zone, provided that the site is a minimum of five acres in area, and the storage containers are setback a minimum of 25 feet from adjacent property lines or public rights-of-way.

(5)

The placement of metal storage containers by public agencies for the storage of equipment and materials in the deployment of emergency preparedness or emergency response operations.

(6)

Metal storage containers placed at public or private K-12 schools and public parks on sites of five acres in area or larger for the storage of equipment and materials related to the operational use of the site, provided that the containers are setback a minimum of 25 feet from adjacent residential uses and public rights-of-way.

(d)

Applicability. The placement of any metal storage container in the city will require a permit from the planning division, exempt as exempted in subsection (c) above. Permits may only be obtained for those zones which allow metal storage containers per the permitted land use matrix of the applicable zone. Metal storage containers are not permitted in specific plan (SP) and planned community development (PCD) zones unless specifically allowed per the SP or PCD document or referenced to this section.

(e)

Permit required—Temporary and seasonal uses. A temporary use permit (TUP) is required for any metal storage containers placed in commercial and industrial zones for the purposes of seasonal over-stocking, or other temporary placement less than 90 days, pursuant to the following conditions:

(1)

A metal storage container shall not be placed on any property without the approval of a temporary use permit pursuant to section 90-73 unless otherwise specifically described in the exemption subsection (c) of this section.

(2)

The time limit will be capped at a maximum of 90 calendar days in a calendar year unless extended by the community development director, based on unforeseen circumstances. Only one extension may be granted for any valid TUP.

(3)

The placement of a temporary or seasonal container pursuant to this section may only be allowed in those commercial and industrial zones allowing such use in the permitted uses matrix of the applicable zone.

(4)

The placement of the containers onsite shall be in compliance with the standards contained in subsection (g) of this section, unless otherwise approved by the community development director for the temporary duration.

(f)

Permit required—Permanent use. A metal storage container permit (MSCP) is required to be issued by the city's planning division for any storage container remaining on a commercial or industrial property for longer than a 90-day period, and shall be subject to the following requirements:

(1)

An application for a metal storage container permit shall be filed on forms prescribed by the director and subject to a fee to cover the costs of processing the application in accordance with a schedule adopted from time to time by city council resolution. A site plan showing the location of the container(s) in relation to the primary building and adjacent streets and properties, with all appropriate dimensions to scale, shall be required at the time of submittal.

(2)

The permanent use of the metal storage container will only be allowed in the applicable commercial and industrial zoning designations that allow containers per the permitted uses matrix of the zone, specific plan, or planned community development.

(3)

A permit shall not be granted unless the placement and appearance of the metal storage container is in compliance with all of the standards contained in subsection (g) of this section.

(4)

Existing businesses with existing containers shall apply for the MSC permit within 180 days from the effective date of this section. For existing businesses with existing containers documented as of the effective date of this section that are not able to meet all of the standards contained in subsection (g), they may request the granting of a hardship provision by the community development director, pursuant to subsection (h) of this section.

(g)

Standards. All metal storage containers shall be subject to the following requirements, unless otherwise specifically exempted pursuant to this chapter, or a hardship determination is approved by the community development director pursuant to subsection (h):

(1)

The container shall be maintained in good condition with intact structural integrity, free of obvious deterioration, rust or graffiti, with exterior surface areas painted, and in compliance with all applicable federal, state and local laws. If any graffiti is found, it shall be removed by the property owner or business within 48 hours of notice.

(2)

Metal storage containers shall be concealed from view from the public right-of-way and adjacent land uses to the extent possible through placement on the site behind the primary building, or appropriate screening by walls, fences or landscaping.

(3)

The color of the metal storage container shall be painted a neutral color or match or complement the main building color. The container shall blend in with the surrounding area and buildings to limit its appearance as much as possible.

(4)

Metal storage containers shall not contain advertising, logos, or signage for the business, or other text that calls attention to the container.

(5)

Metal storage containers shall not be placed in any required parking spaces or drive aisles, and shall maintain a clear travel area for fire department and emergency access at all times.

(6)

A MSC shall not be placed in any location that interferes with the on-site drainage system, circulation, safety, or the operations of the uses on the site.

(7)

A MSC shall not obstruct access to any building or block the visibility triangle of any roadway or driveway approach.

(8)

In no case shall the container be placed within 25 feet of the front property line or visible from the primary street frontage. Where the property line of the business abuts a residential zone, the container must be setback a minimum of ten feet at the adjoining property line and screened from view. In all other cases, the setback requirements of the underlying zone shall apply, and no container shall be placed in the required front or side yard setback, or required landscape area.

(9)

A site shall be limited to one metal storage container unless unique conditions are demonstrated to the satisfaction of the director at the time of permit.

(10)

If hazardous materials or chemicals are proposed to be stored in the container, a separate approval is required by the fire department. A list of any hazardous materials pursuant to fire and building codes shall be posted on the container at all times.

(11)

The container is prohibited from being used for any human or animal habitation.

(12)

Containers are allowed to have electrical connections for the purpose of providing interior lighting and/or refrigeration to the storage unit.

(13)

Other conditions to mitigate potential land use impacts and public safety concerns may be required at the time of permit issuance on a case-by-case basis.

(h)

Determination of hardship.

(1)

Businesses that cannot meet all the established standards in subsection (g), but can meet the findings for hardship can request a "hardship determination" by the community development director as part of MSCP application review. The hardship determination is intended to assist businesses in existing buildings constructed prior to the effective date of the ordinance, and is generally not intended for new development.

(2)

To be granted a hardship determination for one or more of the standards in subsection (g), the following findings must be demonstrated by the applicant and approved by the director:

a.

There are unique physical circumstances applicable to the subject land, including size, shape, topography, location or surroundings; and

b.

The strict application of the provisions of this section deprives the property of the right to use the land in a manner enjoyed by other conforming property in the vicinity; and

3.

The approval of a hardship determination does not constitute a grant of special privileges which other conforming properties in the vicinity do not enjoy.

(i)

Denial of a metal storage container permit. The director may deny issuance of a metal storage permit for one or more of the following reasons:

(1)

The placement and use of the metal storage container is incompatible with or would adversely affect adjacent uses, buildings, or the natural environment.

(2)

The placement and use of the metal storage container would jeopardize, endanger, or otherwise hinder the public convenience, health, safety, or general welfare.

(3)

The proposed site is inadequate in size or shape to accommodate the metal storage container.

(4)

Provisions for vehicular access and circulation, off-street parking, pedestrian safety, and/or operational considerations are inadequate to accommodate the metal storage container.

(5)

The proposed storage container does not meet the required standards in subsection (g) and has otherwise not been granted a hardship determination.

(j)

Appeals. Any decision of the director may be appealed by an interested party to the planning commission as prescribed in section 90-43.6. of the Municipal Code.

(Ord. No. 1909, § 1(Exh. A), 1-12-16)

(a)

Definitions.

Community detention facility for unaccompanied minors. A facility operated by a private or nongovernmental person or entity to house unaccompanied, undocumented minors in the custody of the federal, state, or county government.

Private detention center. A facility operated by a private or nongovernmental person or entity where persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court, or detention pending a trial, hearing, or other judicial or administrative proceeding, except:

(1)

A private detention center shall not include any facility described in Penal Code § 9502.

(2)

However, a private detention center shall include a facility described in Penal Code § 9502(d), if that facility is used to house persons in the custody of the federal, state, or county government.

(b)

Prohibition. Private detention centers and community detention facilities for unaccompanied minors are prohibited in all zoning districts of the city.

(Ord. No. 1969(2020-008), § 1, 5-12-20; Ord. No. 1972, § 2, 2-9-21)

(a)

Purpose. The purpose of this section is to establish standards for businesses engaged in the sale of alcoholic beverages to protect the health, safety, and general welfare of the residents of the city. This section regulates businesses engaged in the sale of alcoholic beverages to ensure compatibility of such uses with surrounding uses and properties and to avoid impacts associated with such uses.

(b)

Definitions.

ABC or California Department of Alcoholic Beverage Control means the department of the State of California empowered to act pursuant to article 20, section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverages Control Act.

Alcoholic beverage means alcohol, spirits, wine, beer, liquor, and any solid or liquid containing alcohol, spirits, wine, or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license.

Director means the community development director.

Off-sale means the sale of alcoholic beverages for off-site consumption.

On-sale means the sale of alcoholic beverages for consumption on-site.

PCN determination means a determination made upon ABC request that the public convenience or necessity would or would not be served by the issuance of a proposed ABC license.

(c)

Permit required. Except as provided in subsection (e) of this section, any use that proposes to engage in the on-sale or off-sale of alcoholic beverages must first obtain a conditional use permit as provided in this section. In addition, a conditional use permit or modification to an existing conditional use permit shall be required for the following:

(1)

Any change in the type of an existing ABC license (e.g., an upgrade from beer and wine to sale of spirits, etc.), including changes in hours of operation or addition of live entertainment.

(2)

A premises-to-premises transfer of an existing ABC license.

(3)

Any ABC licensed establishment that has its license revoked, suspended, or surrenders its license to ABC or discontinues use of the license for 30 days or has its conditional use permit revoked or vacates the property shall obtain a new conditional use permit before reestablishing the use.

(d)

Conflicting provisions. In the event that the type of permit required for a proposed use under this section differs from the type of permit required by any other provision of this chapter, the more restrictive permit requirement shall apply.

(e)

Exemptions.

(1)

The following uses are not subject to the permit requirement in subsection (c) of this section:

a.

Restaurants that have been licensed by ABC as a bona fide eating place and are in compliance with the terms and conditions of their license.

b.

Grocery stores with at least 25,000 square feet of floor area that devote less than five percent of their floor area to the off-sale of alcoholic beverages.

c.

Florist and gift shops that include the incidental sale of wine with gift baskets or floral arrangements.

d.

Retail or wholesale stores with at least 30,000 square feet of floor area that devote less than five percent of their floor area to the off-sale of alcoholic beverages.

e.

Temporary uses that have obtained a special event permit from the city pursuant to section 90-73.

(2)

Nothing in this subsection (e) shall be construed as exempting any use from any other permit requirement established in any other section of this Code.

(3)

This section does not apply to any activity that is not required to be licensed under the California Alcoholic Beverage Control Act.

(f)

Findings. In addition to the findings applicable to conditional use permits under section 90-42 et seq., the decision-making body shall make the following supplemental findings before approving a conditional use permit for a use that engages in the on-sale or off-sale of alcoholic beverages:

(1)

The use complies with all of the following separation requirements. Notwithstanding the foregoing, the decision-making body may issue a conditional use permit to a use that does not comply with one or more of the following separation standards if it finds that unique circumstances exist that justify noncompliance with the separation standards:

a.

The use is located at least 600 feet, as measured from property line to property line, from any existing public or private schools (K through 12), public parks, or places of worship;

b.

The use is located at least 100 feet, as measured from property line to property line, from existing residential uses or land that is zoned for residential uses.

c.

The use is located at least 1,000 feet, as measured from property line to property line, from existing parolee-probationer homes, emergency shelters, supportive housing, or transitional housing.

(2)

The use is fully visible from a public street with an unobstructed view from the public street for public safety.

(3)

The proposed use will not be detrimental to surrounding properties and neighborhoods, including ensuring that the use does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures.

(4)

The proposed use will not adversely impact the suitability of adjacent commercially zoned properties for commercial uses.

(g)

Standards. The following standards shall apply to all uses engaging in the on-sale or off-sale of alcoholic beverages, including without limitation uses in existence prior to the effective date of the ordinance from which this section derives and uses that are listed in subsection (e)(1) as exempt from the conditional use permit requirement:

(1)

Public consumption. If the use engages in the off-sale of alcohol but not the on-sale of alcohol, the owner or operator shall post a sign to indicate that it is unlawful for a person to consume alcoholic beverages in a public place or where posted.

(2)

Open containers. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises.

(3)

Loitering. Loitering is prohibited on or around the premises of any use engaging in the dispensing or sale of alcoholic beverages, and it shall be the responsibility of the owner of any such establishment to post "No Loitering" signs and actively enforce measures that preclude loitering.

(4)

Lighting. The use shall maintain lighting to provide illumination for the security and safety of parking and access areas. The lighting shall be provided at a level of no less than one foot-candle throughout in parking lots and access areas.

(5)

Security/surveillance. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of 24 hours of operation. The facility operator shall maintain the recordings for the prior 60 days.

(6)

Graffiti. The owner or operator of the use shall remove or paint over any graffiti within 48 hours of the graffiti being painted or marked upon the premises.

(7)

Displays and signs. There shall be no interior displays of alcoholic beverages or signs which are clearly visible to the exterior. There shall be no exterior advertising or sign of any kind promoting or indicating the availability of alcoholic beverages. No more than 25 percent of the square footage of each window and glass-paneled door shall bear advertising or signs of any sort, and all advertising and signage shall be placed in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises.

(8)

Litter. The owner or operator of the use shall remove litter from the premises daily, and shall keep the premises swept to prevent debris build up. Trash bins in approved enclosures shall be provided.

(9)

ABC training. The owner or operator of the use shall provide ABC approved or certified training for all employees who sell or serve alcoholic beverages within 30 days of opening for business, and all new employees thereafter shall be trained within 30 days of the date of their employment.

(10)

Additional conditions. In approving a conditional use permit to establish a use selling alcoholic beverages, the decision making body may impose additional reasonable conditions on the use to ensure that it operates in a manner that provides adequate protection of the public health, safety, and general welfare.

(h)

Public convenience or necessity.

(1)

When ABC requests that the city make a determination whether the public convenience or necessity (PCN) would be served by the issuance of a proposed ABC license, the provisions of this subsection (h) shall govern.

(2)

A PCN determination shall be made by the planning commission if the proposed use would require a conditional use permit under this section. If ABC requests a PCN determination for a use that is exempt from the permit requirement of this section, the director shall make the PCN determination. The director or the planning commission may consult with the chief of police in making its determination. A noticed public hearing is not required for a PCN determination.

(3)

A PCN determination shall be based on the following findings:

a.

The public convenience would be served by the establishment of the proposed use.

b.

The proposed use is not anticipated to be a source of nuisance behavior associated with the excessive consumption of alcoholic beverages, or the exposure of alcoholic beverages to minors.

c.

The proposed use would not be detrimental to the public health, safety or welfare.

d.

The proposed use would not increase the severity of existing law enforcement or public nuisance problems in the surrounding area.

e.

The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan, this section and any applicable zoning regulations contained in this chapter.

(Ord. No. 1858, § 1(Exh. A), 1-22-13)

(a)

Purpose. The purpose of this section is to establish standards for businesses engaged in the sale of tobacco products to protect the health, safety, and general welfare of the residents of the city. This section regulates businesses engaged in the sale of tobacco products to ensure compatibility of such uses with surrounding uses and properties and to avoid impacts associated with such uses.

(b)

Definitions. For purposes of this chapter, the following words, terms and phrases shall have the meanings given below:

Arm's length transaction means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violation of this chapter is not an arm's length transaction.

Consumer means any person who purchases a tobacco product for consumption and not for sale to another.

Drug paraphernalia shall have the definition set forth in Health and Safety Code § 11014.5, as that section may be amended from time to time.

Head shop means a retail outlet that receives 50 percent or more of its gross revenues from the sale of drug paraphernalia or occupies 50 percent or more of the net floor area of the store for the sale or display of synthetic cannabinoid compounds or derivatives as defined in Health and Safety Code § 11357.5, psychoactive bath salts, and/or any other similar psychoactive substances labeled as not safe for human consumption.

Person means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

Proprietor as used in this chapter shall mean a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.

Sale or sell means any transfer, exchange, barter, gift, offer for sale, or distribution for commercial purpose, in any manner or by any means whatsoever.

Self-service display means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. Vending machines, racks, counter-tops or shelves are forms of a self-service display.

Smoking lounge means a business establishment that is dedicated, in whole or in part, to the inhalation of tobacco products including, but not limited to, establishments known variously as cigar lounges, hookah lounges, tobacco clubs, private smoker's lounges or tobacco bars.

Tobacco paraphernalia means any item designed or marketed for the consumption, use or preparation of tobacco products.

Tobacco product means:

(1)

Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff.

(2)

Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.

(3)

Notwithstanding any provision of subsections (1) and (2) of this definition to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately. "Tobacco product" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

Tobacco retailer means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia.

Tobacco retailing shall mean selling, offering for sale, offering to exchange or exchanging for any form of consideration tobacco, tobacco products, or tobacco paraphernalia. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

(c)

Requirements and prohibitions.

(1)

Head shops and smoking lounges prohibited. It is unlawful for any person to cause or permit the creation of, or operate, a head shop or smoking lounge. The operation of a head shop or smoking lounge shall constitute a public nuisance subject to abatement under this Code.

(2)

Permit required. It shall be unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a conditional use permit for each location at which that activity is to occur. Tobacco retailing without a valid conditional use permit is a nuisance as a matter of law.

(3)

Lawful business operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a conditional use permit is issued, it shall be a violation of this section for a permitee, or any of the permitee's agents or employees, to violate any local, state or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.

(4)

Display of permit. Each conditional use permit for a tobacco retailer shall be prominently displayed in a publicly visible location at the conditional use permitted location.

(5)

Positive identification required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age for sale of tobacco products as established by state law.

(6)

Minimum age for persons selling tobacco. No person who is younger than 18 years of age shall engage in tobacco retailing.

(7)

False and misleading advertising prohibited. A tobacco retailer without a valid conditional use permit, or a proprietor without a valid conditional use permit including, for example, a person whose permit has been revoked:

a.

Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a permit under this section.

b.

Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location.

(8)

Drug paraphernalia. It shall be a violation of this chapter for any permitee or any of the permitee's agents or employees to violate any local, state or federal law regulating controlled substances or drug paraphernalia, such as Health and Safety Code § 11364.7.

(9)

Sale of tobacco products by self-service display prohibited. It is unlawful for any person to display tobacco products or tobacco paraphernalia by means of a self-service display or to engage in tobacco retailing by means of a self-service display.

(d)

Exemptions. The following uses are not subject to the permit requirement of this section:

(1)

Grocery stores with at least 25,000 square feet of floor area that devote less than one percent of their floor area to the sale of tobacco products.

(2)

Retail or wholesale stores with at least 30,000 square feet of floor area that devote less than one percent of their floor area to the sale of tobacco products.

(3)

Nothing in this subsection shall be construed as exempting any use from any other permit requirement established in any other section of this Code.

(e)

Findings. In addition to the findings applicable to conditional use permits under section 90-42 et seq., the decision-making body shall make the following supplemental findings before approving a conditional use permit for a use that engages in the sale of tobacco products:

(1)

The use complies with all of the following separation requirements. Notwithstanding the foregoing, the decision-making body may issue a conditional use permit to a use that does not comply with one or more of the following separation standards if it finds that unique circumstances exist that justify noncompliance with the separation standards:

a.

The use is located at least 1,000 feet from any existing public or private schools (K through 12), public parks, or places of worship;

b.

The use is located at least 1,000 feet from existing residential uses or land that is zoned for residential uses.

c.

The use is located at least 1,000 feet from existing parolee-probationer homes, emergency shelters, supportive housing, or transitional housing.

d.

The use is located at least 1,000 feet from any other tobacco store or retail establishment that typically offers tobacco or tobacco related products.

e.

The use is located at least 1,000 feet from any public or private school where minors are present.

f.

The use is located at least 1,000 feet from any child care center (as defined in section 90-311), park (as defined in section 90-311), library, commercial establishment that has an on-site children's playground, or place where classes or group activities for children are held.

g.

The use is fully visible from a public street with an unobstructed view from the public street for public safety.

h.

The proposed use will not be detrimental to surrounding properties and neighborhoods, including ensuring that the use does not contribute to loitering, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures.

i.

The proposed use will not adversely impact the suitability of adjacent commercially zoned properties for commercial uses.

(f)

Standards. The following standards shall apply to all uses engaging in the sale of tobacco products, including without limitation uses in existence prior to the effective date of the ordinance from which this section derives and uses that are listed as exempt from the conditional use permit requirement:

(1)

Public consumption. The owner or operator shall post a sign to indicate that it is unlawful for a person to consume tobacco products on the premises where tobacco products are sold.

(2)

Loitering. Loitering is prohibited on or around the premises of any use engaging in the dispensing or sale of tobacco products, and it shall be the responsibility of the owner of any such establishment to post "No Loitering" signs and actively enforce measures that preclude loitering.

(3)

Lighting. The use shall maintain lighting to provide illumination for the security and safety of parking and access areas. The lighting shall be provided at a level of no less than one foot-candle throughout in parking lots and access areas.

(4)

Security/surveillance. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of tobacco products in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of 24 hours of operation. The facility operator shall maintain the recordings for the prior 60 days.

(5)

Graffiti. The owner or operator of the use shall remove or paint over any graffiti within 48 hours of the graffiti being painted or marked upon the premises.

(6)

Displays and signs. There shall be no interior displays of tobacco products or signs which are clearly visible to the exterior. There shall be no exterior advertising or sign of any kind promoting or indicating the availability of tobacco products. No more than 25 percent of the square footage of each window and glass-paneled door shall bear advertising or signs of any sort, and all advertising and signage shall be placed in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises.

(7)

Litter. The owner or operator of the use shall remove litter from the premises daily, and shall keep the premises swept to prevent debris build up. Trash bins in approved enclosures shall be provided by the business.

(8)

Additional conditions. In approving a conditional use permit to establish a use selling tobacco products, the decision-making body may impose additional reasonable conditions on the use to ensure that it operates in a manner that provides adequate protection of the public health, safety, and general welfare.

(g)

Existing tobacco retailers. A tobacco retailer operating lawfully on the date the ordinance codified in this section is adopted shall be subject to section 90-61 related to deemed approved tobacco businesses.

(Ord. No. 2009, § 4, 3-14-23)

(a)

Purpose. Pursuant to Government Code § 51035(a), the city must allow cottage food operations in residential dwellings, but can impose reasonable standards on cottage food operations to minimize potential effects on surrounding residences. The purpose of this section is to establish reasonable standards for cottage food operations as allowed by state law.

(b)

Definitions. The following definitions shall apply unless subsequently amended under the Health and Safety Code of the State of California

Cottage food operation or homemade food operation means an enterprise that is operated by a cottage food operator, and has not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers. A cottage food operation includes both of the following:

(a)

Class A or direct sales cottage food operation is a cottage food operation that may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues described in Health and Safety Code § 113758(b)(4).

(b)

Class B or indirect sales cottage food operation means a cottage food operation that may engage in both direct sales and indirect sales of cottage food products from the cottage food operation, from direct sales venues described in paragraph (4) of subdivision (b), from offsite events, or from a third-party retail food facility described in Health and Safety Code § 113758(b)(5).

Cottage food operator or homemade food operator means an individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation.

Cottage food product or homemade food product means non-perishable foods not requiring refrigeration, including foods that are identified by the Health Department as cottage foods, and that are prepared for sale in the kitchen of a cottage food operation.

Health department means the Riverside County Department of Environmental Health.

Private home means a dwelling, including an apartment or other leased space, where individuals reside.

Registered or permitted area means the portion of a private home that contains the private home's kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage.

(c)

Permit and business license required. An individual may conduct a homemade food operation in a private home provided he/she obtains a business license in conformance with chapter 18 of the Hemet Municipal Code and a homemade food operator permit from the director. If a business license for a homemade food operator is not renewed, the homemade food operator permit shall automatically expire with the business license. A fee for the processing of a homemade food operator permit may be established from time to time by resolution of the city council.

(d)

Application for permit. Applications for homemade food operator permits must be submitted to the director on a form prescribed by the city. The application shall include the following information and documentation:

(1)

The name, address, telephone number, and e-mail address of the proposed homemade food operator and description of the property on which the homemade food operation is to be located, including the registered or permitted area of the homemade food operation. The proposed homemade food operator must reside at the site of the homemade food operation.

(2)

A statement of whether the proposed homemade food operator owns the property on which the homemade food operation is to be located or is a tenant or lessee at the property. If the proposed homemade food operator is not an owner of the property, the application must include the property owner's written consent to the application and the proposed homemade food operation.

(3)

A description of the homemade food products to be produced by the proposed homemade food operation, all of which must be consistent with the list of approved cottage food products posted on the health department website which may be amended from time to time.

(4)

A statement of whether the proposed homemade food operation will involve direct sales and/or indirect sales, as those terms are defined by this chapter, and whether there will be direct sales to customers at the site of the proposed homemade food operation.

(e)

Issuance of permit. Upon receipt of a completed homemade food operator permit application, applicable fee, and confirmation that the application contains truthful information and the applicant has or will comply with the requirements of this section, the director shall issue a homemade food operator permit subject to the standards and conditions set forth in subsection (i) of this section. The applicant must agree in writing to comply with such standards and conditions. The homemade food operator permit is non-transferable and shall be valid for one year upon issuance. In order to renew a homemade food operator permit, a homemade food operator must submit a completed application on a city-approved form to the director. The renewal application must be submitted no later than 30 days prior to the expiration date of the existing homemade food operator permit.

(f)

Coordination with health department. Upon approval of a city-issued homemade food operator permit, the city shall provide a copy of the homemade food operator permit to the health department via United States Postal Service first class mail, facsimile, email, or other method prescribed by the health department within 14 days of the issuance of the permit.

(g)

Annual renewal fee required. An annual fee for the renewal of a homemade food operator permit shall be established by resolution of the city council. The purpose of the renewal fee is to recover the cost of staff time to confirm the applicant's compliance with permitting and licensing requirements of the health department and to determine whether or not the operator remains in compliance with city standards for the zone in which the homemade food operation is located.

(h)

Limitations on homemade food operation permit. A maximum of one homemade food operation permit shall be deemed active and approved at any time for each private home. If more than one permit has been issued for the same private home, only the most recently approved application shall be deemed to be active. All other prior applications shall be deemed void. Such limitation shall not preclude a resident from also obtaining a home occupation permit pursuant to section 90-72, for a non-food-related home-based business.

(i)

Conditions. The following conditions shall be observed at all times by the holder of a homemade food operator permit:

(1)

A homemade food operation shall comply with all permitting and licensing requirements of the health department and shall obtain certification from the health department prior to, or within 14 days of, the issuance of a homemade food operator permit.

(2)

Signs or advertising shall not be displayed on the premises except for signage permitted under section 90-1250(2).

(3)

The homemade food operation shall not have more than one full-time equivalent employee, not including a family member or household member of the homemade food operator, within the registered or permitted area of a private home where the homemade food operator resides and where homemade food products are prepared and packaged.

(4)

The homemade food operation, including the storage of inventory, supplies, and equipment, shall be conducted wholly within the registered or permitted area of a private home.

(5)

Displays or sales activity of any kind shall not be visible from the exterior of the premises.

(6)

On-site direct sales of homemade food products are permissible only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Sunday. There cannot be more than two homemade food product customers on the premises of a homemade food operation at any single time. All sales shall be conducted indoors.

(7)

Homemade food operators may load cottage food products into a vehicle outside of an enclosed garage only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Sunday. Vehicles shall not idle while being loaded with homemade food products.

(8)

A maximum of one vehicle not larger than 10,000 pounds gross vehicle weight rating, used in conjunction with a homemade food operation, shall be parked on the driveway or in a garage space of the homemade food operation site. No commercial vehicle owned, leased, or otherwise operated for the specific use of the homemade food operator shall be parked in the street.

(9)

A homemade food operation shall comply with all applicable noise regulations for the zone in which it is located.

(j)

Grounds for revocation of permit. Any homemade food operator permit may be revoked by the director upon violation of any requirements of this chapter, upon notification by the health department that the Class A or the Class B permit has been revoked, or upon failure to comply with any of the conditions or limitations of the permit, unless such violation is corrected within three days of the giving of written notice thereof. A permit may be revoked for repeated violation of the requirements of this chapter, notwithstanding further notice.

(k)

Appeal revocation of permit. A decision of the director may be appealed to the planning commission as prescribed in section 90-43.6.

(i)

Enforcement. Every person who violates any provision of this section shall be guilty of a misdemeanor and shall be subject to the penalties as set forth in section 1-8. Each day that such violation exists shall be deemed a new and separate offense. Neither the arrest, prosecution, conviction, imprisonment, or payment of any fine for the violation of this section shall satisfy or diminish the authority of the city to institute administrative or civil actions seeking enforcement of any or all of the provisions of this section.

(Ord. No. 1861, § 1(Exh. A), 4-23-13)