Any accessory building in a residential zone, including guest houses, shall conform to the front and side setbacks of the applicable district. Patios, sunshades and similar structures shall also meet rear yard setback requirements. See HMC § 17.03.020(D)(3) for exceptions.

Any detached accessory building in a nonresidential zone shall be located at least 10 feet from any building on the lot and shall conform to all setback requirements for that zone.

On a corner lot, the accessory building shall not project beyond the front yard required on the adjacent lot.

Accessory buildings shall not occupy more than 30 percent of the required rear yard.

An accessory building in a residential zone shall not exceed the height of the principal structure on the site, or 16 feet, whichever is lower.

The total area of floor space for a detached second unit shall not exceed 1,200 square feet.

Accessory buildings associated with historic buildings or structures shall be subject to the requirements of HMC § 17.03.040.

Accessory uses shall be permitted where they are clearly incidental to the permitted use.

Number of accessory units. A maximum of one accessory unit of each type shall be constructed on any parcel.

No accessory building shall project into the front yard beyond the main buildings of adjacent lots on either side.

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

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

The relocation of any such adult-oriented business.

The business devotes more than 30 percent of its retail inventory (not measured by the number of items but rather by the cost to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas.

The business devotes more than 30 percent of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas.

The retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas exceeds 30 percent of the total retail value of inventory offered in any of the following categories: (a) books, (b) magazines, (c) video tapes or any material in digital format (including, but not limited to, compact disc (CD) or digital video disc (DVD)), for sale or rental, (d) novelties and devices, and (e) on-premises viewing of images, films, and or videos.

Gross revenue derived from merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas exceeds 30 percent of the total gross revenue for the category.

There is a rebuttable presumption that a business constitutes an adult bookstore, adult novelty store or adult video store where the business:

A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

An accurate straight-line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business:

A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by this section.

A statement describing how the adult-oriented business will meet the development and performance standards described in subsection L of this section.

Upon receipt of a completed application and payment of the application and license fees, the chief of police shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued a business license for an adult-oriented business.

Within 30 days of receipt of the completed application, the chief of police shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for business license.

An applicant is under 18 years of age.

The required application fee has not been paid.

The adult-oriented business does not comply with the zoning ordinance locational standards set forth in Table 17.02.032.

As a further condition of approval of every business license for an adult-oriented business issued pursuant to this section and Chapter 5.04 HMC, every owner or operator shall register every employee with the police department within five business days of the commencement of the employee's period of employment at the adult-oriented business.

Each employee shall be required to provide two recent color passport-quality photographs and shall be fingerprinted by the police department for purposes of identification. In addition, each new employee shall provide the following information on a form provided by the police department:

The information provided for purposes of this section shall be maintained by the police department as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction.

Each owner or operator of an adult-oriented business shall maintain a current register of the names of all employees currently employed by the adult-oriented business, and shall disclose such registration for inspection by any police officer for purposes of determining compliance with the requirements of this section.

Failure to register each new employee within five days of the commencement of employment or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the business license and may be considered grounds for suspension or revocation of the business license.

The licensee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent, the occurrence of any of the following on the premises of the adult-oriented business:

Failure to abide by any disciplinary action previously imposed by an appropriate city official.

Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Hughson fire protection district and building regulations and standards adopted by the city of Hughson.

Whether or not engaged in the operation of an adult-oriented business, no person shall maintain a business or use in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such business or use. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business or use is open, and any exterior windows shall be covered with opaque covering at all times.

All off-street parking area and premises entries of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

An adult-oriented business shall be open for business only between the hours of 9:00 a.m. and midnight on any particular day.

The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the chief of police or designee. No person under the age of 18 years shall be permitted within the premises at any time.

For commercial establishments not defined by this title as an adult-oriented business, any portion of retail floor area distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas shall be physically separated from the general nonsexual floor area. Inventory and content in the sexually oriented section shall not be visible from the general area at all times, and the entrance to this area shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering.

All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

Any adult-oriented business which is also an "adult arcade" shall comply with the following provisions:

All indoor areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adult-oriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:

It shall be unlawful for any licensee, operator, or other person in charge of any adult-oriented business to employ, or provide any service for which it requires such permit to, any person who is not at least 18 years of age.

It shall be unlawful for any licensee, operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least 18 years of age.

No such business shall be established or located within 100 feet of any other adult-oriented business.

No such business shall be established or located within 500 feet of any existing residential zone or use, park, church, school or child- or family-oriented business as defined in this title.

The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property or lease lines of the property so zoned or used without regard to intervening structures.

Any of the above proximity requirements shall not be enforced if it has the effect of totally banning adult-oriented businesses within the city.

When a solar energy collection system is installed on a lot, any accessory structure or vegetation on an abutting lot shall not be located so as to block the solar collector's access to solar energy. The portion of the solar collector that is protected is that portion which:

This subsection does not apply to accessory structures or vegetation existing on an abutting lot at the time of installation of the solar energy collection system, or on the effective date of the ordinance codified in this section, whichever is later. This section controls any accessory structure erected on, or vegetation planted on, abutting lots after the installation of the solar energy collection system.

A copy of the building permit for the solar energy collection system shall be kept on file with the building division. The solar facility must be completed and have a final inspection, approved by the building inspector, within one calendar year from the date the building permit is issued.

A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally recognized agency.

Building Permit Application for a WECS. A WECS will require approval of a building permit, as regulated in HMC Title 15. In addition to standard submittal requirements for building permits, applications for a wind energy conversion system shall be accompanied by a plot plan drawn in sufficient detail to clearly describe the following:

Installation Requirements. Installation of all wind energy conversion systems shall comply with the following requirements, as well as the code compliance and safety features identified in this subsection D:

Eligibility. The city shall grant a density bonus and a development incentive or incentives to an applicant or developer of a housing development with five or more dwelling units, excluding any units permitted by the density bonus awarded pursuant to this section, who provides any of the following:

Number of Density Bonus Units. In determining the number of density bonus units to be granted in subsection (B)(1) of this section, the maximum residential density shall be multiplied by 0.20 for subsections (B)(1)(a), (b), and (d) of this section and by 0.05 for subsection (B)(1)(c) of this section, unless a lesser number is selected by the developer, in which case the amount of the density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the established percentage.

When a developer is willing to provide additional units beyond the percentages specified in subsection (B)(1) of this section, the following rules shall apply:

The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional units shall be rounded to the next larger integer.

The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units pursuant to subsection B of this section. Regardless of the number of target units, no housing development may be entitled to a density bonus of more than 35 percent.

Density bonus provisions are summarized in Table 17.03.016(A). A sample worksheet showing set-aside very-low-income affordable units, density bonus units and total project units for a 10-unit project is provided in Table 17.03.016(B).

Justification for Incentives. In addition to all other application requirements, an applicant requesting a density bonus, concession, or incentive shall also show, using one of the following methods, that the waiver or modification is necessary to make the target units economically feasible:

An additional density bonus that is a number of square feet of residential space equal to or greater than the number of square feet in the child care facility; or

An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

Concurrency. Target units shall be built concurrently with nonrestricted units unless the city and the applicant agree within the density bonus housing agreement to an alternative schedule for development.

Location. Target units shall be built on site wherever possible and, where practical, shall be dispersed within the housing development.

Unit Size. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the housing development's other units, except that the developer may include a higher proportion of target units with more bedrooms.

Design. The design and appearance of the target units shall be compatible with the design of the housing development as a whole.

Development Standards. Housing developments shall comply with all applicable development standards, except those that may be modified as provided by this section.

Linked Sites. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. If the developer and the city agree to allow the production and operation of target units at an alternative site, the resulting linked developments shall be considered a single housing development for the purposes of this section.

Contribution Toward Construction. The applicant shall provide a financial contribution toward the cost of constructing very-low-income housing units on the site donated that are equivalent to those required by subsection D of this section.

Date of Transfer. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map or residential development application.

Developable Acreage. The developable acreage of the land being transferred shall be sufficient to permit construction of units affordable to very-low-income households in an amount not less than 10 percent of the number of residential units in the proposed development.

Minimum Size. The transferred land shall have an area sufficient to permit development of at least 40 units.

Appropriate Regulations and Infrastructure. The transferred land shall have the appropriate general plan land use designation, zoning and development standards to make the development of affordable units feasible, and it shall have existing or planned public facilities and infrastructure that are adequate to support the development.

Entitlements. No later than the date of approval of the final subdivision map, parcel map or residential development application, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very-low-income housing units on the transferred land, except that the city may subject the proposed development to design review to the extent authorized by subdivision (i) of Section 65583.2 of the Government Code if the design is not reviewed by the city prior to the time of transfer.

Deed Restriction. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with the requirements of this section. The restriction shall be recorded on the property at the time of dedication.

Recipient. The land shall be transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the developer.

Location. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

The city shall grant either a density bonus or other incentives of equivalent financial value if the applicant for a conversion of existing rental apartments to condominiums agrees to provide 33 percent of the total units of the proposed condominium project as target units affordable to lower- or moderate-income households, or to provide 15 percent of the total units in the condominium conversion project as target units affordable to lower-income households. All such target units shall remain affordable for the period specified in subsection G of this section.

For purposes of this section, a "density bonus" means an increase in units of 25 percent over the number of apartments to be provided within the existing structure or structures proposed for conversion.

No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided pursuant to this title or the applicable sections of state planning law.

Rental. Target units offered for rent to lower-income and very-low-income households shall be made available for rent at an affordable rate and shall remain restricted and affordable to the designated income group for a minimum period of 30 years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the housing development.

For Sale. Target units offered for sale to very-low-, lower-, or moderate-income households in condominiums and planned developments shall be sold at an affordable ownership cost. The seller of the unit shall retain the market value at the time of sale of any capital improvements made by the seller, the down payment, and the seller's proportionate share of appreciation. Because this subsection limits the seller's appreciation, the seller's proportionate share of appreciation is 100 percent. The maximum resale price shall be the lower of:

Incentives Permitted. Incentives shall be permitted for the development of target units so long as the applicant can demonstrate to the satisfaction of the planning officer that the concession or incentive is required in order to provide for affordable housing costs or rents for the targeted units to be set as specified in subsections (B)(7) and D of this section.

Number of Incentives. When a developer seeks a density bonus, the city shall grant the following number of incentives to assist with the development of the target units:

Incentive for Day Care Facility. If the applicant proposes to include a child day care facility in the project, in accordance with the requirements of this section, the applicant may choose to request an additional incentive instead of a density bonus. The additional incentive shall be required to contribute significantly to the economic feasibility of the construction of the child care facility.

Additional Incentives. The city may, at its discretion, grant additional incentives to increase the number of target units provided or to increase the affordability of the target units.

Available Incentives. Incentives or concessions may include, but are not limited to, the following:

The incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in this section.

The incentive would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the Government Code, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower-income and moderate-income households.

Application. A developer seeking approval of a density bonus and an additional incentive or incentives shall file an application with the planning officer. The planning officer shall process the application concurrently with any other application required for the housing development. The form and content of the application shall be as specified by the planning officer and may be subject to a fee established by resolution of the city council.

Hearing Process. The application shall be heard and decided by the planning commission or city council, whichever is responsible for approval as determined under subsection (K)(3) of this section. The procedure for giving notice of the application shall be as specified for a use permit, except that the notice shall also identify the density bonus and additional incentive or incentives requested for the project. The planning commission's decision may be appealed as provided in HMC § 17.04.004.

Approval Process. The planning commission and city council shall be authorized to approve development incentives as follows:

Agreement Required. As a condition for the approval of a density bonus and additional incentive or incentives pursuant to this section, the applicant shall agree to enter into a density bonus housing agreement with the city. The executed density bonus housing agreement shall be recorded on the parcel or parcels designated for the construction of target units, or donated for the purpose of constructing housing units as specified in this section. The approval and recordation shall occur prior to final map approval or, where a map is not being processed, prior to the issuance of building permits for the parcels or units. The density bonus housing agreement shall be binding upon all future owners and successors in interest.

Content of Agreement. The density bonus housing agreement shall, at a minimum, include all of the following:

For-Sale Requirements. In the case of for-sale housing developments, excluding target units for moderate-income households, the density bonus housing agreement shall provide for the following requirements during the use restriction period:

Rental Requirements. In the case of rental housing developments, the density bonus housing agreement shall provide for the following requirements during the use restriction period:

Day Care Facility Requirements. In the case of child day care facilities for which a density bonus or additional incentive is being granted, the density bonus housing agreement shall provide for the following requirements:

The primary use of the property shall be for a residence. Marijuana cultivation is prohibited as a home occupation.

All areas used for cultivation of marijuana shall comply with HMC Title 15 (Buildings and Construction), as well as applicable law.

The use of gas products (CO₂, butane, propane, natural gas, etc.) or generators for cultivation of marijuana is prohibited.

Any fully enclosed structure or residential structure used for the cultivation of marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with HMC Title 15 (Buildings and Construction).

A fully enclosed and secure structure used for the cultivation of marijuana shall be located in the rear yard area of the parcel or premises, and must retain a minimum 10-foot setback from any property line. The yard where the fully enclosed structure is maintained must be enclosed by a solid fence at least six feet in height. This provision shall not apply to cultivation occurring in a garage.

Adequate mechanical locking or electronic security systems must be installed as part of the fully enclosed and secure structure or the residential structure prior to commencement of cultivation.

Marijuana cultivation shall be limited to six marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.

The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.

Cultivation of marijuana shall only take place on impervious surfaces.

From a public right-of-way, there shall be no exterior evidence of marijuana cultivation occurring on a parcel.

Marijuana cultivation area, whether in a fully enclosed and secure structure or inside a residential structure, shall not be accessible to persons under 21 years of age.

Written consent of the property owner to cultivate marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the chief of police or his/her designee.

A portable fire extinguisher, that complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.

Height Measurement. Building height is the vertical distance from the average level of the natural ground surface under the building to the highest point of the building or structure. To determine the height of a building, the highest and lowest points of contact with the natural grade are identified and the average of these two elevations is the point from which the permitted maximum height is measured, as shown in Figure 17.03.020.1. The highest and lowest points of contact are determined where the maximum vertical projections of the perimeter walls of the building contact the natural grade.

Exceptions to Height Limit. The following shall be permitted to exceed the height limit in all zoning districts:

Setback Dimensions. Setbacks specified elsewhere in this title shall be subject to the following exceptions and modifications:

Canopies, chimneys, cornices, eaves, rain gutters, air conditioner units, water softener units, and architectural features supported from the structure may project 24 inches into a required yard or court, provided they are not within 36 inches of the side property line.

Balconies, fire escapes, handicapped ramps and outside stairways projecting into a required setback may be permitted by the planning officer when located so as to not obstruct light and ventilation and provided they are not within 30 inches of the side property line.

Patio covers, sunshades and similar structures, which are not enclosed on the sides except for required roof supports, may utilize up to 30 percent of the rear yard but may be no closer than five feet to the rear property line. Side yard setbacks are the same as the main structure. For the purposes of this section, setbacks are measured to the furthest extent of the roof.

Swimming pool equipment shall be a minimum of five feet from property lines unless a sound attenuation cover is installed that is recognized by a national testing agency.

Fences, Walls and Hedges. For the purpose of this section, the term "fence" shall include fences, walls, hedges or structures designed to act as an enclosure or barrier constructed of wood, posts, or other similar materials. All fences shall conform to standards as outlined in this section under fence standards.

Setbacks. All fences over three feet six inches in height shall conform to the front and side building setback requirements for the zone in which they are located.

No fence shall be erected to a height greater than six feet, as measured from the base of the fence, except as provided for in this section. If a fence is constructed atop a retaining wall, fence height shall be measured from adjacent grade on high side of wall. Measurement of fence heights for typical lots are shown in Figure 17.03.028.1. A one-foot extension may be added to the height of fences in side yards up to the front yard setback or rear yards of residential zones; provided, that the extension provides 50 percent or greater visibility; i.e., lattice or trellis.

No fence shall be erected to a height greater than three feet six inches in the front setback, or in a rear or side setback that is adjacent to a street, as shown in Figure 17.03.028.2.

No fence shall interfere with the landscaping cross-visibility area as required in HMC § 17.03.048.

Taller Fences. Fencing over three feet six inches is permitted in the front and side setback so long as it is constructed of woven wire, wrought iron or other similar material that allows some visual access to the site.

Security Fences. Barbed wire or security fencing not to exceed two feet in height may be located on top of a fence or wall, so long as it is not adjacent to a residential zoning district or land in residential use.

Visual Screen. The requirement of this section shall not apply to uses permitted in any industrial zone which are required by this title or the city council to maintain visual screens to a height greater than specified in this title.

Fence Materials. Fences shall be constructed of chain link, wood, wrought iron, brick, split rails, new plastic technology fencing products, or a combination of these, except for the following:

Side yard gates shall have a 42-inch minimum clear opening. Gate shall swing outward (toward street) and shall be self-closing and self-latching. For new construction, a continuous concrete path from driveway to side-yard gate, a minimum of 36 inches in width, shall be provided. In the event of a conflict between this section and the state law, state law shall take precedence.

Protect human life and health;

Minimize expenditure of public money for costly flood control projects;

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

Minimize prolonged business interruptions;

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Basis for Establishing Flood-Prone Areas. The floodplain administrator shall obtain, review, and reasonably utilize any base flood data available from federal or state agencies or other sources to identify flood-prone areas within the jurisdiction of the city of Hughson. This data will be on file at the city of Hughson, Department of Public Works, 7018 Pine Street, Hughson, CA 95326.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation. In the interpretation and application of this section, all provisions shall be:

Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of city council, any officer or employee thereof, the state of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.

Establishment of Floodplain Development Permit. A floodplain development permit shall be obtained for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may be determined whether such construction or other development is within flood-prone areas.

Designation of the Floodplain Administrator. The director of public works is hereby appointed to administer, implement, and enforce this section by granting or denying a floodplain development permit in accord with its provisions.

Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

Standards of Construction. If a proposed building site is in a flood-prone area, all new construction and substantial improvements, including manufactured homes, shall:

Standards for Subdivisions or Other Proposed New Development. If a subdivision proposal or other proposed new development, including manufactured home parks or subdivisions, is in a flood-prone area, any such proposals shall be reviewed to assure that:

Standards for Utilities. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

Grading not required to have a grading permit by the California Building Code.

Excavation below finished grade for a structure authorized by a building permit conditioned with erosion control requirements.

Cemetery graves.

Refuse disposal sites controlled by other regulations.

Excavations for wells.

Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay, where established and provided for by law, provided such operations do not affect the lateral pressure support or increase the stresses in or pressure upon any adjacent or contiguous property.

Exploratory excavations under the direction of a civil engineer, geotechnical engineer, or engineering geologist.

Preparation by a licensed civil engineer depicting design for the line, grade, on- and off-site drainage control measures, structural sections for the streets and all public improvements serving the development, including land use, infrastructure, circulation and streetscapes, public/park facilities, landscaping and trails, design expectations and environmental mitigation components.

Best management practices (BMPs) for erosion and dust control, and immediate revegetation of the site as needed for erosion control.

Preparation of a drainage improvement plan by a licensed civil engineer detailing installation of on-site stormwater retention and percolation facilities designed to retain and percolate all on-site flows for up to a 100-year storm and depicting all final grades and on-site drainage control measures.

Preparation of a dust emission control plan requiring that contractor work specifications shall include provisions for adequate water to be applied during construction in order to control dust disturbance resulting from grading operations. Dust control measures shall be applied in accordance with all ordinances, rules and regulations of the Stanislaus County water resources agency regarding use of reclaimed or other subpotable water for compaction or dust control purposes. Additionally, the Plan will be reviewed to assure compliance with applicable air quality programs, such as those related to particulate emissions, overseen by the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD).

Between October 15th and April 15th, best management practices (BMPs) shall be maintained and in place for all areas that have been graded or disturbed and for all materials, equipment and/or operations that need protection. Removal of BMPs that must be temporarily removed during construction activities shall be completed at the end of each working day when there is a forecast of rain within the next five days, by the National Weather Service or whenever rain is imminent.

Between April 16th and October 14th, BMPs shall be maintained and in place for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection within 24 hours of a forecast of rain within the next five days by the National Weather Service or whenever rain is imminent.

Prior to commencement of any grading or other subdivision improvements, the applicant shall provide proposed trucking routes for all equipment and material deliveries. The city shall, at the applicant's expense, establish preconstruction conditions. Damage to any public improvements, on or off site, caused by construction operations during construction on the subject property shall be repaired to the satisfaction of the planning officer. This shall include slurry seal, overlay, or street reconstruction if deemed warranted by the city engineer.

A qualified professional geotechnical engineer shall perform on-site monitoring of all grading and excavation activities on the project site. Evidence of an agreement with a geotechnical engineer shall be submitted for review and approval of the planning officer prior to commencement of any grading activities or any underground work. The geotechnical engineer shall submit evidence that grading and excavation were performed consistent with the recommendations of the geotechnical investigation. Evidence shall be submitted prior to issuance of building permits for each individual lot.

The planning officer shall approve the SWPPP and enforcement shall be as provided in HMC § 17.04.004.

The SWPPP shall describe the best management practices that will be used during construction to reduce the sources of potential pollution, control sediments and educate construction workers.

The applicant shall submit a notice of intent (NOI) and fee to the Central Valley regional water quality control board, which shall send back a notice with the project's waste discharge identification (WDID) number; this information shall be included in the grading permit application.

To safeguard the city's heritage by encouraging the protection of landmarks representing significant elements of its history.

To foster civic and neighborhood pride and a sense of identity based on an appreciation of the city's past and the recognition and use of historic resources.

To enhance the visual character of the city by preserving diverse architectural styles reflecting various phases of the city's history, and by encouraging complementary design and construction for contemporary buildings.

To strengthen the economy of the city by protecting and enhancing the city's historic attractions for residents and visitors.

To stabilize and improve property values within the city by recognizing historic landmarks and by protecting areas of historic buildings from encroachment by incompatible designs.

To promote the enjoyment and use of historic resources appropriate for the education and recreation of the people of the city.

To integrate the preservation of historic resources, and the consideration of relevant information about these resources, into public and private land management and development processes.

To conserve valuable building materials and energy resources by ongoing use and maintenance of the existing built environment.

The demolition, exterior renovation, expansion or any other physical modification to the exterior of buildings or structures deemed historic per the guidelines in subsection E of this section.

New construction within blocks deemed historic per the guidelines in subsection E of this section.

The provisions of this section shall not apply to the demolition, renovation or expansion of nonhistoric buildings that are located within historic blocks.

Landmarks. Any building, structure or site that is designated as a California Historical Landmark, or is listed on the California Register of Historic Resources, or is listed on the National Register of Historic Places, is designated as a landmark;

Locally Significant. Any building, structure, or site that is significant in the history of Hughson; or

Historic Blocks. City blocks in which at least 40 percent of structures are designated historic according to the provisions of subsections (E)(1) and (2) of this section.

Purpose. Preservation and rehabilitation efforts should work to protect the essential architectural features of a structure that help to identify its individual style and thereby further its contribution to the historic character of the surrounding neighborhood. The guidelines below are intended to ensure that new infill development is compatible in terms of character, scale and treatment with nearby historic structures. On an historic block, new buildings and structures, as well as existing buildings, structures, and appurtenances that are moved, reconstructed, materially altered, or repaired, must be visually compatible with buildings and places to which they are visually related.

Criteria for Evaluating New Construction and Additions to Existing Structures. The planning commission, in considering the appropriateness of the reconstruction, alteration, or maintenance of any landmark, or the construction of a new structure on an historic block as described in subsection C of this section, shall require that this work be done in a manner that will preserve the historical and architectural integrity of the building, structure, site or surroundings. In evaluating the historic and architectural character, the commission shall consider, among other things, the following:

General Rehabilitation Principles.

Site Plan Considerations.

Guidelines for Specific Building Elements.

New accessory structures and secondary dwelling units that are visible from the public right-of-way should incorporate the distinctive distinguishing architectural features of the main structure. Relevant features may include materials, paint color, ornamentation, trim details and roof pitch, among others.

Design features should be applied with less detail on the accessory structure so that it does not compete with the main structure and is clearly subordinate to it.

The adaptive reuse of historic structures, involving uses not otherwise allowed through the base zone, may be allowed subject to the approval of a conditional use permit, in compliance with HMC § 17.04.012; and provided, that the planning commission can make at least one of the following additional findings:

Compliance with Parking Standards. The above listed uses shall be provided with off-street parking in compliance with the requirements of HMC § 17.03.060. However, properties may be granted a reduction in minimum parking requirements by the planning commission if, in its estimation, meeting the required minimum parking requirement would otherwise compromise the historic integrity of the structure.

Low-impact home occupations, as defined in this title; and

Moderate-impact home occupations, as defined in this title.

All other home occupations shall be prohibited.

A low-impact home occupation, as defined in this title, that is clearly incidental to the use of the structure or dwelling and meets the performance requirements of this subsection shall be permitted without an administrative permit but shall be required to obtain a zoning clearance subject to the requirements of HMC § 17.04.052.

No more than one low-impact home occupation shall be permitted in any dwelling unit, except that the planning officer may, at his or her sole discretion, allow more than one upon making a finding that the provisions of this section will not be otherwise violated.

Such use must be conducted entirely within a dwelling or accessory building and carried on by the inhabitants thereof. If the inhabitants do not own the property, the zoning certificate application must also contain the signature of the owner of the property.

There shall be no storage of equipment or supplies other than samples in an accessory structure.

There shall be no external alteration of the appearance of the dwelling in which a home occupation is conducted.

A low-impact home occupation shall not involve the use of any material, other than craft or art supplies, or mechanical equipment other than customarily incidental to domestic use.

No advertising signs shall be placed in the yard or on the house or any part of the property.

Administrative Permit Required. Any home occupation that does not qualify as a low-impact home occupation, but that otherwise meets the requirements of this section, shall be considered a moderate-impact home occupation and shall be required to obtain an administrative permit. If the inhabitants do not own the property, the administrative permit application must also contain the signature of the owner of the property.

Conditions. An administrative permit for a moderate-impact home occupation shall be granted subject to the requirements of HMC § 17.04.008, except that the following additional conditions shall apply:

Home occupations shall comply with all federal, state, county and local regulations, statutes and provisions.

The area primarily dedicated to a home occupation shall not exceed 20 percent of the primary living area or 400 square feet, whichever is less. No storage of materials and products is allowed.

The home occupation shall not generate pedestrian or vehicular traffic that will cause a disturbance in the district in which it is located.

There shall be no excessive or unsightly storage of materials or supplies, either indoors or outdoors.

Signage identifying or advertising the business is prohibited.

The home occupation shall employ at least one resident of the dwelling unit and shall not employ more than a total of two persons.

No home occupation shall involve the elimination of required off-street parking spaces.

Those which do not meet the provisions of subsections C and D of this section.

Those which entail the repair, manufacture, processing or alteration of goods, materials or objects, intended for sale where equipment or process is used which creates an adverse impact on the neighborhood.

Those which entail the harboring, training or raising of dogs, cats, birds or other animals.

Those which entail vehicle painting, repair and/or body and fender work.

Barbershops, beauty parlors, nail salons, music schools, dancing schools, business schools or schools of any kind with organized classes.

Those uses which involve retail sales, rental or display of goods or products at the home if such sales, rentals or display will create an adverse impact upon residential uses within 300 feet of the proposed home occupation by causing an increase in traffic, whether vehicular or pedestrian, which unreasonably interferes with parking and/or use of the streets and sidewalks by residents within 300 feet of the proposed home occupation.

Gun sales are prohibited in residential zones except for existing permitted uses as of the date of adoption of the ordinance codified in this title.

The proposed use is either located on a lot zoned for single-family dwellings or meets a minimum standard of 75 square feet of outdoor activity space for each child who is not an infant. The outdoor area must be owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the owner of the adjoining property.

The proposed use is located more than 500 feet from any other large home day care facility or child day care center.

The proposed use has adequate vehicular access to the residence to provide a safe drop-off and pick-up area with minimal disruption to local traffic and circulation.

The proposed use complies with general plan noise requirements for residential uses and the provisions of Chapter 9.30 HMC relating to noise.

The proposed use complies with any standards promulgated by the State Fire Marshal relating to the subject of fire and life safety in large home day care facilities.

To provide a transition between land uses;

To promote an attractive visual environment;

To promote visual order;

To encourage visual harmony between the landscape and development;

To reduce air, noise and visual pollution; and

To promote water conservation by use of appropriate plants and conservative irrigation systems.

The requirements in this section apply to all new residential and nonresidential construction except for the following:

Landscaping on existing private property shall not be subject to the requirements of this section, except as required in subsection (B)(1) of this section, but is subject to the requirements of HMC § 8.08.020.

Percent Cover. Vegetative matter shall cover 75 percent of the landscaped area required by this section.

Planting Requirements. All planting shall meet the following minimum requirements.

Irrigation. Irrigation for all landscaping subject to this section shall meet the following requirements:

Exceptions Permitted. Landscape designs which do not meet the specific regulations of this section may be approved by the planning commission if, in its opinion, the design meets the intent and purpose of this section.

Replacement planting must conform to the original intent of the landscape design.

Exceptions.

Issuance of Certificate of Occupancy. For all structures subject to this section's landscaping requirements, no certificate of occupancy shall be issued until landscape plans have been carried out, and all the improvements described in such plans have been completed; nothing herein contained shall prevent the building official issuing a temporary certificate of occupancy where completion of the landscaping work is delayed either because of the season of the year or adverse weather.

Maintenance. All landscaping subject to this section as well as that which would have been had proper permits been acquired shall provide for ongoing maintenance subject to the following requirements:

Replacements and Modifications. Landscaping subject to this section may be modified or replaced with alternative plantings subject to the approval of the planning officer.

There shall be a landscaped area eight feet wide along portions of parcels fronting the public right-of-way.

Street trees shall be planted subject to the requirements of the city's official street tree plan and HMC § 17.03.092.

Visibility shall be maintained adjacent to the right-of-way. No landscaping shall interfere with viewing between three feet six inches and seven feet in height in the following places, as shown in Figure 17.03.048.1.

The Mobile Home Residency Law, Chapter 2.5 of Title 2, Part 2, Division 2 of the California Civil Code (commencing with Section 798);

The Recreational Vehicle Park Occupancy Law, Chapter 2.6 of Title 2, Part 2, Division 2 of the California Civil Code (commencing with Section 799.20);

The Mobile Home – Manufactured Housing Act of 1980, Part 2 of Division 13 of the California Health and Safety Code (commencing with Section 18000);

The Mobile Home Parks Act, Part 2.1 of Division 13 of the California Health and Safety Code (commencing with Section 18200);

The Manufactured Housing Community Act, Part 2.2 of Division 13 of the California Health and Safety Code (commencing with Section 18800); and

The following chapters of the California Code of Regulations, Title 25, Division 1:

Mobile home parks shall meet the requirements of the district in which they are located and shall be a minimum of five acres in size.

A conditional use permit shall have been obtained from the planning commission.

A recreational vehicle park shall accommodate recreational vehicles only;

Toilets and lavatories for the exclusive use of the occupants shall be provided on the basis of one toilet for each sex, for each 15 spaces or fraction thereof;

A recreational vehicle shall not be located closer than three feet from a property line or lot line; and

Each space in a recreational vehicle park shall have direct access to a roadway, either a public street or a private driveway.

Eligibility. A mobile home shall only be permitted in a residential zone if it:

It is a double-wide or larger multisectional unit (minimum width of 20 feet);

It is covered with an exterior material commonly found on new conventionally built residential structures in the surrounding area;

The exterior covering material extends to the ground. If a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation;

The roofing material is composition shingles or other materials commonly found on conventionally built residential structures in the surrounding area;

The roof has a pitch of not less than either two inches of vertical rise for each 12 inches of horizontal run or the pitch commonly found on conventionally built residential structures in the surrounding area, whichever is greater;

The roof has eave and gable overhangs of not less than one foot measured from the vertical side of the mobile home, or not less than that commonly found on conventionally built residential structures in the surrounding area, whichever is greater;

It has an enclosed garage or a carport if either is commonly found with new conventionally built structures in the surrounding area. Otherwise the parking requirements shall be the same as those in the district in which it is located; and

The finished floor is a maximum of 24 inches above the exterior finish grade of the lot measured at the foundation.

There is an existing single-family dwelling unit on the site that cannot be occupied until repairs are completed, and a valid building permit has been issued to make all repairs required to make the dwelling unit habitable.

The occupied recreational vehicle is not placed within a required setback, with the exception of a designated driveway that conforms to the standards of the district in which the recreational vehicle is located.

Recreational vehicles shall be located in a designated area within the parcel as approved by the planning officer. Recreational vehicles shall be located so as to minimize their visibility from the public right-of-way or adjacent properties.

The mobile home shall be supplemental to an existing residential unit. Approval shall be given only upon finding that the proposal is consistent with the availability of adequate sewer and water facilities, a provision of vehicular access and off-street parking.

Not more than one such mobile home shall be permitted on any one parcel.

The dwelling unit to which the mobile home is accessory shall be occupied by persons who are related by blood or marriage to an occupant of the single-family home to which the mobile home is accessory.

An approved conditional use permit for the mobile home shall become invalid if the parcel on which it is located is sold or leased to persons not meeting the requirements of subsection (H)(3) of this section.

The mobile home shall be removed from the premises and the planning officer notified when the need to provide care no longer exists.

Applicants shall provide verification from a medical doctor certifying that the illness or infirmity is sufficiently serious to require personal care by someone living on the property. Verification shall be made on forms provided by the planning officer. It shall be the option of the planning officer to determine if medical verification is required for permit renewals.

Approval shall be for a period of one year and may be renewed each year by reaffirmation of the need to provide care and the payment of a renewal fee in the amount set by resolution of the city council.

Parking Requirements for New Development. New development shall comply with the off-street parking requirements identified in subsection C of this section.

Parking Requirements for Changes to Existing Development. Whenever a building is increased in size, whether by units or dimensions, or is moved from one lot to another, the following shall apply:

Changes in Use for Existing Buildings. The planning commission (or, for buildings existing on January 1, 1983, the planning officer) may waive or modify any of the provisions of this section, provided the following findings are made:

Existing Facilities.

Loading Spaces. Loading space, exclusive of driveways and/or corridors leading thereto, shall not be considered as supplying off-street parking space, nor shall anything in this section prevent the provision of parking space in excess of the amount specified.

Historic Buildings. As provided by HMC § 17.03.040, exceptions to the requirements of this section for historic buildings may be granted by the planning commission.

Recreational Vehicle Parking. Recreational vehicles shall be parked on areas at grade surfaced with an all-weather material, defined as concrete, asphalt, or minimum three-fourth-inch stone or gravel. The all-weather material shall be a minimum of four inches deep with weed barrier and sufficiently compacted so as to eliminate the unreasonable accumulation of dust, dirt, mud, or weeds and shall be sufficiently maintained so that it will drain and dispose of all surface water per the city's standard specification. A permit shall be obtained in accordance with HMC § 15.04.035 prior to construction of a recreational vehicle parking surface pursuant to this subsection. Recreational vehicles shall not discharge any litter, sewer effluent, or other matter except into sanitary facilities designed to dispose of such materials. An exception is the use of an unimproved surface for the temporary parking of operable recreational vehicles for temporary activities (e.g., carnivals, circuses, fairs, concerts, farmers' markets) being held in accordance with a city issued temporary activity or temporary parking permit. Any temporary parking must comply with the minimum vehicular parking requirements set forth in Table 17.03.060(A). This provision shall not apply to any unimproved surfaces owned or operated by another public entity, as defined in Government Code Section 811.2, within the city limits.

Minimum Parking Requirements.

Maximum Vehicular Parking.

Off-site parking facilities may be permitted with planning commission approval of a conditional use permit subject to the following conditions:

All off-street parking facilities provided under the terms of this section shall comply with the following minimum dimensions for off-street parking and maneuvering space:

The planning commission shall have the authority to establish and/or approve parking stall and maneuvering area dimensions for parking angles other than those specified herein.

When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement.

A walkway, if provided, shall be in addition to the minimum requirement for parking and maneuvering space herein required.

Where off-street parking facilities are provided in excess of the amounts herein specified, or when off-street parking facilities are provided, but not required by this section, the off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space herein specified.

Every parking area shall be paved and maintained so as to eliminate dust or mud. All parking areas shall be graded and drained to provide for the on-site disposal of all surface water where no city storm drains are available. In no case shall such drainage be allowed to cross sidewalks. Best management practices (BMPs) shall be incorporated to manage the water quality of runoff from parking lots.

Every parking area not separated by a fence from any street or alley property line upon which it abuts shall be provided with a suitable concrete curb or timber barrier not less than six inches in height located not less than two feet from such street or alley line. Such curb or barrier shall be securely installed and maintained. No such curb or barrier shall be required across any driveway or entrance to the parking area.

Every nonresidential parking area abutting property zoned for residential use shall be separated from such property by a solid wall, view-obstructing fence or hedge of not less than six feet, except within front setback areas where the fence shall be reduced to three and one-half feet.

The planning commission may grant a reduction in the total number of required parking spaces when the application of these standards and regulations to an existing parking area would result in a number of parking spaces less than that required in Table 17.03.060(A) or HMC § 17.03.060(J).

Parking areas shall be used for automobile parking only. Other activities, including but not limited sales, dead storage, repair work, dismantling or servicing of any kind, shall not be permitted within parking areas.

If lighting is provided it shall be arranged to reflect away from the residential area, also from any public street or highway.

Within required front yard setback areas vehicles shall be parked only in paved parking areas which meet the parking area development standards outlined in this subsection. Vehicles may be parked in nonpaved areas outside of the front setback with planning official determination that such a parking arrangement will not conflict with the purpose of this subsection.

Parking areas shall not be located in the front of buildings in downtown Hughson, as designated in the Hughson general plan as downtown commercial. Parking shall be located either to the side or to the rear of the building.

Parking lots in front yard areas shall be separated from the sidewalk by screen planting or as provided in landscaping regulations.

If desired, up to 20 percent of the parking spaces provided may be designated as compact car spaces measuring a minimum of seven feet by 13 feet. The small car spaces shall be identified by painting "compact" on the pavement of said spaces.

Handicapped Parking. Parking spaces shall be provided in all parking areas for use by handicapped persons only, as required by state law.

At least two trees shall be provided for every 10 parking spaces. The trees shall be planted in tree wells measuring at least six feet by six feet and shall be evenly dispersed throughout the parking lot.

At least 60 percent of the paved surface of a parking lot shall be shaded by tree canopies at high noon within 15 years after acquiring building permits for the parking lot. The trees to be planted to develop such a canopy shall be in accordance with HMC § 17.03.092 and the city's street tree plan. Plans submitted for development review shall show the estimated tree canopies after 15 years of growth and the total area in square feet of the area shaded by tree canopies. To determine the area shaded by canopies, the following method shall be used:

Exemptions. Properties located within zones that allow zero-lot-line buildings shall be exempt from these requirements.

All nonresidential uses and multiple-family residential uses shall provide at least two bicycle parking spaces, or one bicycle parking space for every 20 required motor vehicle parking spaces, whichever is greater.

In addition to any requirements in the city construction specifications, each bicycle parking space shall provide a securely anchored, stationary parking device that is adequate to lock and secure a six-foot-long bicycle.

All bicycle parking spaces shall be conveniently located to the buildings that they serve, and pedestrian walkways shall be provided between the bicycle parking spaces and the nearest building entrance.

For multi-family residential uses that are required to provide bicycle parking, all required bicycle parking spaces shall be located in permanently covered areas, either inside or outdoors, that are designed to protect the bicycle from rainfall.

On-Street Parking. In nonresidential districts where on-street parking is available, where the entirety of a marked, on-street parking space or bicycle parking space is adjacent to a particular site, the on-street parking space may be counted towards any off-street parking requirement for that site.

Shared Parking.

A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this zoning code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this chapter, a "person with a disability" is any person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.

A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.

A request for reasonable accommodation shall be submitted on an application form provided by the community development department or in the form of a letter to the director of community development department, and shall contain the following information:

If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by subsection (C)(1) of this section for concurrent review with the application for discretionary approval.

A request for reasonable accommodation shall be reviewed by the director of community development department or his/her designee, if no approval is sought other than the request for reasonable accommodation. The director or his/her designee shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the planning commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the planning commission in compliance with the applicable review procedure for the discretionary review.

Whether the housing in the request will be used by a person with a disability under the Acts;

Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;

Whether the requested reasonable accommodation would impose an undue financial, administrative or enforcement burden on the city;

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;

Potential impact on surrounding uses;

Physical attributes of the property and structures; and

Other reasonable accommodations that may provide an equivalent level of benefit.

Any person dissatisfied with any action of the director of the community development department pertaining to this chapter may appeal to the planning commission within 10 days after written notice of the director's decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the director of community development department and shall specify the reasons for the appeal and the grounds asserted for relief.

Any person dissatisfied with any action of the planning commission pertaining to this chapter may appeal to the city council within 10 days after the rendition of the decision of the planning commission. The appeal is taken by filing a written notice of appeal with the director of community development department and shall specify the reasons for the appeal and the grounds asserted for relief.

The city council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.

If an appeal is not filed within the time or in the manner prescribed in this section, the right to review of the action against which the complaint is made shall be deemed to have been waived.

After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least 10 days prior to the hearing.

The planning commission or city council shall review de novo, i.e., without reference to the conclusions or assumptions from the prior body, the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.

At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be provided to the appellant and the project applicant.

It is a goal of the city of Hughson general plan to work cooperatively with Stanislaus County to protect agricultural lands in and around Hughson. It is the policy of the city of Hughson to discourage the premature conversion of agricultural land to urban use, to direct growth away from areas established as prime farmland and/or under Williamson Act contracts, and to minimize conflicts between agriculture and urban uses. One purpose of this law is to reduce the loss of agricultural resources by limiting the circumstances under which agricultural operations may be deemed a nuisance.

It is also the intent of the city of Hughson to require new development adjacent to agricultural land to include deed restrictions recognizing the right to farm on neighboring parcels currently under agricultural production. A purpose of the notification requirement is to promote a good neighbor policy by informing prospective purchasers and tenants of nonagricultural land of the effects associated with living close to agricultural land, as defined in HMC § 17.01.090, and operations. Such concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations, as defined in HMC § 17.01.090, and be prepared to accept attendant conditions as the natural result of living in or near rural areas.

This section is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of state law relative to nuisances; rather it is only to be utilized in the interpretation and enforcement of the provisions of this code and city regulations.

To provide all affected property owners with constructive notice of the city of Hughson's right-to-farm policy, a right-to-farm notice shall be mailed to all property owners. The right-to-farm notice shall contain and be substantially in the form of the following:

For all discretionary approvals of parcel maps or final maps involving agricultural land, or real property located adjacent to agricultural land, the planning officer shall include as a condition of approval that the final recorded map shall contain the following statement:

All building permits for new residential construction or mobile home placement shall be accompanied by a right-to-farm notice in substantially the form provided in subsection (E)(1) of this section.

The city of Hughson encourages industry that is compatible with the policies in the general plan. It is a declared policy of the city of Hughson that new development be compatible with surrounding land uses. Industrial and other land uses, in particular residential land uses, may be difficult to harmonize and are often considered incompatible. It is the purpose of this section to minimize conflicts between industrial and other urban uses. Another purpose of this section is to reduce the loss of industry by limiting the circumstances under which industrial operations may be deemed a nuisance.

It is also the intent of the city of Hughson to require new development adjacent to industrial land, as defined in HMC § 17.01.090, to include deed restrictions recognizing the right to industry on neighboring parcels currently being used for industrial operations, as defined in HMC § 17.01.090. A purpose of the notification requirement is to promote a good neighbor policy by informing prospective purchasers and tenants of nonindustrial land of the effects associated with living close to industry. Such concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany industrial operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near industrial operations and be prepared to accept attendant conditions as the natural result of living in or near industrial areas.

This section is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Division 7 of the Water Code, or any other applicable provision of state law relative to nuisances; rather it is only to be utilized in the interpretation and enforcement of the provisions of this code and city regulations.

To provide all affected property owners with constructive notice of the city of Hughson's right-to-industry policy a right-to-industry notice shall be mailed to all owners of property. The right-to-industry notice shall contain and be substantially in the form of the following:

For all discretionary approvals of parcel maps or final maps involving industrial land, or real property located adjacent to industrial land, the planning officer shall include as a condition of approval that the final recorded map shall contain the following statement:

All building permits for new residential construction or mobile home placement shall be accompanied by a "right-to-industry notice" in substantially the form provided in subsection (E)(1) of this section.

"Accessory building" and "accessory structure" shall have the same meaning as the term "accessory building" as defined in HMC § 17.01.090(A) as follows: "a detached building located on the same lot with the principal (main) building, the use of which is normally incidental and entirely secondary to that of the principal (main) building. A detached building shall be one that does not have a common wall with the principal (main) building on the same lot."

Maximum Number of ADUs and JADUs Per Lot. Only one ADU and one JADU is permitted per lot.

Maximum ADU Size. The total square footage for a detached one bedroom/studio ADU shall not exceed 850 square feet. The total square footage for an ADU with two or more bedrooms shall not exceed 1,000 square feet.

Sale. An ADU or JADU shall not be sold separately from the primary dwelling.

Rental. An ADU or JADU may not be rented for a term of less than 30 days.

Owner-Occupancy. Unless otherwise amended by state law, the property owner must occupy either the primary unit or ADU if the ADU is approved before January 1, 2020, or after January 1, 2025. For the purposes of this section, occupancy shall consist of lodging in the applicable unit overnight for at least 183 nights per calendar year.

Permit. A building permit (in accordance with Chapter 15.04 HMC) must be obtained from the community development and building departments prior to the construction of or modification of an existing structure into an ADU or JADU.

Compliance with Zoning Requirements. All ADUs and JADUs in the city shall comply with all other zoning requirements imposed by the HMC, except as modified by this section or by state law.

Compliance with Building Requirements. Unless otherwise provided by this section or by state law, all ADUs and JADUs shall meet all city building requirements as described in HMC Title 15 and any other relevant codes in effect at the time of construction.

Fees. Any applicable impact and/or utility connection and capacity fees must be paid before a building permit is issued. These fees shall be determined by the city council and shall be approved and adjusted pursuant to the provisions of Chapters 13.04 and 13.08 HMC.

Historic Structures. ADUs associated with historic buildings or structures shall be subject to the guidelines contained in HMC § 17.03.040(G).

Deed Restrictions. Prior to receiving approval from the community development department, an applicant desiring to build an ADU or JADU must record a deed restriction on the proposed ADU or JADU that meets the requirements described in subsection K of this section.

Application Submission. Applications for an ADU and/or JADU shall be submitted to the community development department and shall be accompanied by all required fees, project plans (drawn to scale) depicting all on-site improvements, and the location of the primary residence and the proposed unit. Applications must be signed by the owner of the property. The project plans must include the location of existing trees and structures, architectural elevations showing the proposed unit and its relation to the primary residence, a description of building materials, landscaping, exterior finishes to be used, parking to be provided, and any other information required by the community development department to determine whether the proposed ADU or JADU conforms with the requirements of this section.

Ministerial Approval. On lots with an existing single-family or multifamily dwelling; provided, that all requirements of this section are met, the planning officer shall ministerially approve the application for an ADU or JADU within 60 days of receiving the completed application.

Density Exemption. The ADU shall be exempt from the calculation of density under the requirements of the relevant zoning district.

Setbacks. Attached ADUs must have side and rear setbacks of four feet minimum.

Lot Coverage. ADUs constructed within an existing primary unit shall comply with all building coverage and yard area requirements for the primary unit.

Exterior Access. An attached ADU must have an access door that is separate and independent from the primary unit.

Interior Access. Attached ADUs may maintain an interior connection to the primary unit provided there is a fire-rated door separating the units that is lockable on both sides.

Expansion. An attached ADU built within an existing primary unit may only be expanded if necessary to accommodate ingress and egress. Such an expansion must not exceed 150 square feet.

Height. An attached ADU shall not cause the residential building's height to exceed the lower of: (a) 25 feet; or (b) the maximum permitted height of the primary unit as set forth by the HMC, whichever is greater.

Design. The design of an attached ADU shall appear as an integral part of the primary dwelling and incorporate the same materials, colors, and style as the exterior of the primary dwelling, including roof materials and pitch, eaves, windows, accents, distinctive features, and character defining elements.

Utility Connections. An attached ADU is not required to have a separate utility connection unless it is constructed in conjunction with a newly constructed residential unit in a single-family home.

Side and Rear Setbacks. Detached ADUs that are not conversions of existing accessory buildings shall have side and rear setbacks of four feet minimum. No setbacks are required for detached ADUs constructed within an existing accessory building or in a new building constructed in the same location and to the same dimensions as an existing accessory building.

Front Setbacks. All detached ADUs shall be subject to the same front setback requirements applicable to the primary unit, except if said compliance would prohibit the construction of a detached ADU measuring 800 square feet that otherwise meets the requirements of this section and all other applicable state laws.

Lot Coverage. The total square footage of a detached ADU must not exceed the lot coverage requirements imposed by the HMC. However, if this requirement would otherwise prohibit the applicant from building a detached ADU of 800 square feet or greater, the applicant will be permitted to construct an 800-square-foot (or smaller) detached ADU that complies with the setback and height provisions of this subsection F.

Exterior Access. A detached ADU must have an access door that is separate and independent from the primary unit.

Expansion. A detached ADU built within an existing accessory building may only be expanded if necessary to accommodate ingress and egress. Such an expansion must not exceed 150 square feet.

Height. The height of a detached ADU shall not exceed: (a) 16 feet for lots with a single-family or multifamily dwelling; (b) 18 feet if the single-family or multifamily dwelling is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code; or (c) 18 feet if the multifamily dwelling has multiple stories.

Design. The design of a detached ADU shall be subordinate to the primary dwelling in terms of size and building footprint. The detached building shall exhibit residential character and complement the primary dwelling in terms of proportions, roof form, and basic architectural features. Exterior materials and colors shall match those existing on the primary residence.

Utility Connections. Subject to his or her discretion, the community development director may require a new or separate water and sewage connection to a detached ADU.

JADUs shall be created within the walls of a single-family residence, including attached garages.

JADUs shall not be constructed within accessory buildings or structures.

The maximum floor area for a JADU shall not exceed 500 square feet.

JADUs created in an attached garage are required to provide off-street covered replacement parking, as approved by the planning director. Other JADUs are not required to provide replacement parking spots.

All JADUs shall include, at minimum, an "efficiency kitchen," as defined in Section 65852.22 of the Government Code. A JADU may include separate sanitation facilities or share sanitation facilities with the primary unit.

All JADUs must have an exterior access door that is separate and independent of the primary unit.

A JADU within a primary residence and an ADU within a primary residence or an existing accessory structure if (a) the proposed ADU or JADU has an exterior door that is independent from the existing residence, and (b) the side and rear setbacks are sufficient for fire safety. Up to 150 square feet may be added but only to accommodate ingress and egress to and from the existing accessory building.

One new detached ADU up to 800 square feet with a maximum height of 16 feet and four-foot side and rear setbacks, which may be combined with a JADU in the primary residence.

Multiple ADUs (at least one, or up to 25 percent of the existing multifamily units, whichever is greater) within portions of existing multifamily dwellings that are not used as livable space.

Two ADUs detached from an existing multifamily dwelling, with a maximum height of 16 feet and side and rear setbacks of at least four feet.

One off-street parking space is required per ADU. Each required parking space must comply with the requirements set forth in HMC § 17.03.060, unless otherwise stated in this section. A parking space required for an ADU may be provided as tandem parking, including on an existing driveway or in a side or rear yard area, unless specific findings are made by the community development director that parking in setback areas or tandem parking is not feasible based on fire and safety conditions.

Exceptions. Notwithstanding the parking requirement in this subsection or the requirements of HMC § 17.03.060, no off-street parking is required if the ADU:

Detached ADUs Under 750 Square Feet. No impact fees shall be charged for ADUs less than 750 square feet in size. Connection and capacity fees for water and sewage connections for detached ADUs may be charged in proportion to their size relative to the square footage of the primary unit.

Detached ADUs of 750 Square Feet and Greater. Connection, capacity, and impact fees may be charged for detached ADUs of 750 square feet and larger. Impact fees imposed pursuant to this subsection shall be proportionate to the size of the unit relative to the square footage of the primary residence.

JADUs and Attached ADUs. No connection or capacity fees will be charged for ADUs or JADUs constructed within an existing primary unit. However, the city may impose connection and capacity fees upon attached ADUs constructed within a newly constructed single-family home.

School Fees. Any ADU greater than 500 square feet shall, pursuant to Section 17620 of the Education Code, pay school district impact fees as imposed by the Hughson Unified School District.

For ADUs.

For JADUs.

The deed restrictions described in this subsection shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner.

Sidewalks, curbs and gutters shall be required of all lot owners to whom a building permit is granted, except in the following cases:

Sidewalks, curbs, and gutters shall be constructed and maintained as described in Chapter 12.28 HMC and in accordance with plan lines established by the city of Hughson streets master plan.

To promote and enhance the character of residential neighborhoods and property values by prohibiting obtrusive and incompatible signs;

To limit visual clutter; and

To encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship, spacing, and location.

Official Signs. Official signs posted pursuant to and in the discharge of any governmental function by public officials in the performance of their duties (including traffic and street name signs, as well as notices, emblems, or other forms of identification and signs required by law).

Interior Signs. Signs located in the enclosed lobby or court of any building or group of buildings, which are not visible from or located within the public right-of-way.

Window Signs. The size of signs in windows shall not be restricted.

Informational Signs. Signs for the safety and convenience of the public such as "restrooms," "telephone," "danger," "impaired clearance," "no smoking," and other signs of a similar nature, up to two square feet per sign, unless a larger sign is otherwise required by state or federal law.

Nameplates, Street Addresses, and Building Directories. Street addresses and nameplates not exceeding two square feet in area for single-family or duplex structures and four square feet per sign for all other uses, and displaying only the name of the premises upon which it is displayed; the name of the owner or lessee of such premises; and/or the address of such premises. Buildings with more than five occupants may have building directories not to exceed nine square feet, affixed flat against the wall of a building, or as a ground or monument sign, which only show the name and/or address of the persons or entity occupying the building.

Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or which show names of buildings and dates of construction, provided the sign does not exceed four square feet in area.

Bulletin Boards. Bulletin boards not over 24 square feet in area and no higher than the lowest point of the roofline of the nearest structure on or off the property, for public or nonresidential noncommercial properties when the bulletin boards are located on the premises of such institutions.

Materials and Structural Components.

Lighting.

Location.

Area. The area of a sign shall be calculated as follows, and as shown in Figure 17.03.080.1:

Height. The height of a sign shall be measured from the ground level or grade at which the sign is placed to the highest point of the sign, including any decorative or supporting structures associated with the sign.

Vertical Clearance. All signs shall provide a minimum vertical clearance of 14 feet above vehicular circulation areas and eight feet above pedestrian circulation areas; provided, however, that awnings shall have a minimum vertical clearance of seven feet above pedestrian circulation areas.

Maintenance. All signs, together with all of their supporting structural elements, shall be kept in a state of good repair at all times. Failure to comply with this requirement shall be considered a violation of this section.

Awning Signs. Awning signs shall meet the requirements listed below and shall be as illustrated in HMC § 17.01.090:

Freestanding Signs. Freestanding signs shall meet the requirements below as illustrated in HMC § 17.01.090:

Monument Signs. Monument signs shall meet the requirements below, as shown in Figure 17.03.080.4 and shall be as illustrated in HMC § 17.01.090:

Projecting Signs. Projecting signs shall meet the requirements below and shall be as illustrated in HMC § 17.01.090:

Reader Boards. Reader boards, as defined in HMC § 17.01.090, shall meet the requirements below:

Wall Signs. Wall signs shall meet the requirements below and shall be as illustrated in HMC § 17.01.090.

Permanent Signs for Single-Family Homes in Residential Districts.

Permanent Signs for Multifamily Homes in Residential Districts. One attached, project identification ground or monument sign per street frontage is permitted, not to exceed 20 square feet per face. For projects with 30 or more dwelling units, additional ground or monument project identification signs may be permitted if warranted, at the discretion of the planning officer.

Permanent Signs for Retail and Commercial Districts. The following regulations apply to single-occupant buildings, or multiple-occupant buildings located on sites less than one acre in size. Shopping centers, single-occupant and multi-occupant commercial buildings located on sites more than one acre in size are described in subsection (E)(10) of this section.

Permanent Signs for Single-Occupant and Multi-Occupant Commercial and Industrial Buildings on Sites over One Acre in Size.

Permanent Signs for Industrial Uses. Awning, canopy and marquee signs are allowed and considered as attached signs. These signs may project over the public right-of-way, to be maintained a minimum of eight feet above the sidewalk and two feet from the face of the curb.

Portable or "A-Frame" Signs. Portable signs shall be allowed in nonresidential districts, subject to the following requirements:

Commercial Signs in Residential and Commercial Zones. Temporary commercial signs shall be allowed in residential and commercial zones subject to the following requirements:

Noncommercial Signs in Residential and Commercial Zones. Temporary noncommercial signs shall be allowed in residential and commercial zones subject to the following requirements:

Commercial Signs in Undeveloped Recorded Subdivisions. Temporary commercial signs in recorded subdivisions shall be allowed subject to the following requirements:

Grand Opening and Special Event Signs. Temporary signs which coincide with a grand opening and/or special event are permitted as long as the grand opening or special event does not exceed 30 calendar days. Signs displayed in conjunction with permits issued for temporary uses as described in HMC § 17.03.088 shall specify the number and area of signs and permit their use for the duration of the permit.

Commercial Signs in Commercial Building Sites Subject to Building Permit Requirement. On any commercial building site subject to HMC Title 15, one such sign not to exceed 40 square feet in area and eight feet in height is permitted per building site, located a minimum of 10 feet from the street right-of-way line. No sign shall be erected prior to the issuance of a building permit, and must be removed upon expiration of a building permit or occupancy of the completed structure.

Purpose. Sign programs are specifically intended to address the unique needs of certain uses and properties that include multiple uses on one site, or multiple signs for uses with special sign needs. Sign programs shall be used to achieve aesthetic compatibility between the signs within a project and provide flexibility in the number, size, location and type of signs.

Applicability. Sign programs are permitted, and may be required by the planning commission when issuing a conditional use permit or as a condition of development review, specifically for the following:

Modification of Standards. A sign program may modify any of the following standards of this section:

Design Requirements.

Review of Sign Programs. All sign programs shall be subject to development review, in accordance with the requirements of HMC § 17.04.020 and the requirements of this section. Development review of a sign program shall be limited to consideration of the following issues:

If the planning officer shall find that any sign which has been constructed or erected or is being maintained in violation of the provisions hereof, written notice shall be given of such conditions to the permittee or, in the event no valid permit exists, to the owner thereof. If the permittee fails to remove or alter the sign so as to comply with the standards herein set forth, within 30 days after such notice, such sign may be removed or altered to comply when so directed by the planning officer and such cost shall be at the expense of the permittee or the owner of the property upon which the sign is located.

Any sign found to be unsafe and an immediate peril to persons or property may be removed summarily and without notice when so directed by the planning officer. The cost of such removal shall be assessed against the owner of the sign removed.

Any sign erected upon public property in violation of the provisions hereof may be removed or destroyed when so directed by the planning officer.

The cost of removal or alteration of any sign and any expense incident thereto which by the terms of this section shall be paid by a permittee, sign owner, property owner or any other person, shall become a debt owing the city. The city may initiate civil action in its own name for collection of the debt.

Signs constituting a potential traffic hazard by being placed in such a manner as to obstruct free and clear vision of pedestrian or vehicular traffic, or signs which simulate in size, color, lettering or design any traffic sign or signal. Any sign erected, posted or displayed by any private person or entity, without authorization as provided in HMC Title 10, which purports to regulate or control parking on public streets or use of the public ways or streets, shall be immediately removed, and the erection, posting, or displaying of any such sign shall be a misdemeanor.

Signs within the public right-of-way, including those on street trees, utility poles, street signals, street lights, street name signs, or traffic warning signs, except signs permitted by the following:

Signs consisting of any moving, swinging, rotating, flashing, blinking, or otherwise animated components, with the exception of barber poles, clocks or thermometers and time-temperature signs.

Windblown devices and signs whose movement is designed to attract attention, such as pennants, flags, inflatable signs or balloons, inflatable animals or similar signs, with the exception of those specifically permitted or exempted by this section.

Vehicle signs or signs painted or affixed to vehicles which are parked on the premises for a period in excess of 24 hours shall be considered signs within the meaning of this section and shall be specifically prohibited except such signs as are normally displayed on business vehicles.

Portable signs or freestanding signs not permanently affixed, anchored, or secured to the ground or structure on the lot they occupy, unless specifically allowed by this section.

Obstructing signs or signs erected, constructed and maintained upon or over the roofline of any building.

Roof signs, or any signs erected, constructed and maintained upon or over the roofline of any building.

Any sign located on vacant or unoccupied property that was erected for a business which has since vacated the premises.

Signs that bear or contain obscene or indecent statements, words, or pictures that offend public morals or decency. Whether this provision is applicable in regard to a sign shall be determined by the planning officer. Any decision of the planning officer in regard to such signs may be appealed as provided in HMC § 17.04.004.

Obsolete Signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business it advertises is no longer on the premises. If the owner or lessee fails to remove the sign after the business has been discontinued, the planning officer shall issue the owner a citation. If the sign is not removed within 90 days after the citation has been issued, the sign shall be deemed in violation of this section and shall be removed as provided in subsection J of this section.

Allowances and Requirements for Conformance. Existing, nonconforming signs shall be allowed to remain in use, except as follows:

Exceptions.

Smoke shops are permitted in the C-2, C-3, and I districts subject to the issuance, existence and validity of a conditional use permit as provided for in HMC § 17.04.012 and full compliance with each and every condition thereof. Such conditional use permit shall be issued only if the applicant has submitted a site plan showing the location of the use and the following findings have been made:

In addition to any other penalty authorized by law or the Hughson Municipal Code, the business license and conditional use permit of any business that violates any provision of this section, the California Uniform Controlled Substances Act (including without limitation California Health and Safety Code Sections 11364 through 11376.5), as amended from time to time, or any other local, state or federal law or regulation, may be revoked pursuant to the procedure set forth in HMC § 17.04.012 and 17.04.004.

The following location restrictions apply to all smoke shops operating in the city:

The following operational requirements apply to all smoke shops operating in the city:

Smoke shops that are legally existing on the effective date of the ordinance codified in this section may continue to operate as legal nonconforming uses in accordance with HMC § 17.04.032 and shall not be required to obtain a conditional use permit. However, any change or expansion of the legal nonconforming use may require compliance with this chapter and a conditional use permit, as more particularly set forth in HMC § 17.04.032.

The establishment of a sensitive use or a sensitive use within 600 feet of a smoke shop use after said use commences legal operations shall render the smoke shop use a nonconforming use which may continue to operate at its existing location subject to HMC § 17.04.032.

To permit reasonable use by property owners of their property while protecting the rights of neighbors and others within the community from unsightly intrusion associated with telecommunications facilities; and

To provide specific regulations regarding telecommunications facilities, as allowed by federal law, to facilitate orderly and aesthetically pleasing development within the city.

All electrical and antenna wiring shall be placed underground or otherwise obscured from view.

All dishes shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches in height.

Satellite dishes that are not in use shall be removed within 30 days of the date of final use.

The city shall encourage ground-level installation of all satellite dishes.

The satellite dish shall be obscured from view of any public right-of-way to the extent possible. Any dish which cannot meet this requirement may nevertheless be permitted if the planning commission shall approve it.

The satellite dish shall be placed a minimum of five feet from any property line.

The satellite dish shall be securely mounted and anchored to the ground in accordance with the requirements of the manufacturer and the building code.

The satellite dish shall not be permitted in front yards or, in the case of corner lots, a side yard.

All satellite dishes to be installed in nonresidential zones shall be reviewed and approved by the planning commission under the provisions of a conditional use permit.

Satellite dishes shall be effectively screened by a fence, wall or dense screen hedge subject to the requirements of HMC § 17.03.028.

Location Requirements.

Design Requirements.

Height Requirements. Wireless telecommunications facilities shall be subject to the height limits of the district in which they are located, except for the exceptions listed in HMC § 17.03.020.

The facility is in compliance with all applicable state and federal laws; and

The design, location, and height is as unobtrusive as possible, while meeting the applicant's communications needs.

The use of a facility as a polling or voting place for an election conducted by the city or other government agency.

The conducting of a garage, patio, rummage or yard sale on a residential property, or a block sale held on several residential properties. In order to protect the character of residential zones and the peace, privacy, safety and general public welfare of persons within such zones, garage, yard or rummage sales may be conducted only as follows:

A temporary outdoor sale conducted adjacent to, and in conjunction with, an approved commercial use.

A car or vehicle wash for which compensation is collected; provided, that:

An on-site construction yard, construction office, scaffolding, material yard or debris container, in conjunction with an approved building permit, so long as all conditions associated with city permits are followed.

The use of an unimproved property in a nonresidential zoning district as a parking lot; provided, that the use continues no longer than 30 days in any one-year period.

A temporary emergency shelter that is needed to ameliorate the effects of a declared emergency or disaster; provided, that the shelter facilities are approved by the planning officer and fire marshal prior to use and no other emergency shelter is operated within 500 feet.

The following temporary uses and buildings are required to obtain an administrative permit as provided in HMC § 17.04.008:

Duration of Use. The length of time for temporary uses shall be as specified in this subsection or as required by the administrative permit. The planning officer may authorize a longer duration if it is determined that a longer duration would not adversely impact adjacent properties or the general public.

Temporary occupancy of a recreational vehicle in a residential zone, subject to the requirements listed in HMC § 17.03.052(G).

Mobile Homes as Supplemental Housing. Mobile homes as supplemental housing for persons suffering from serious illness or infirmity are subject to the requirements of HMC § 17.03.052(H).

Permission to Plant Required. No trees or shrubs shall be planted in any street tree area or other public place without permission of the planning officer.

Planting of Street Trees in New Development. Before any street improvements in any new subdivision of real property in the city are accepted by the city council, the subdivider shall pay to the city the total cost of planting all the required street trees or shall have the street trees planted to conform to the provisions of the official street tree plan. If payment for planting the street trees is made by the subdivider to the city, the city shall plant the trees at the proper time and conform to the official street tree plan. Watering and care of the trees thereafter shall be the responsibilities of the subdivider or the purchasers of the property.

Preservation of Existing Trees. The location, size, accurate driplines and species of existing trees shall be shown on a tree survey in the same scale as development plans submitted for development review. All trees proposed for removal shall be identified. If there is disturbance proposed within the dripline of a significant tree, a certified arborist's assessment and protection measures must be provided with the development application. If significant trees are proposed for removal on development plans, the applicant shall replace them with trees whose size, number, and planting location shall be determined by the planning officer before final occupancy is granted to any new residents. The size and age of the tree will determine how many new trees may be substituted for the removed tree but, at a minimum, three new trees will replace one tree removed. The ratio may be increased at the discretion of the planning officer.

Preservation of Orchard Trees. Where orchard trees are to be cut down, removed or relocated as part of new development, the planning commission or planning officer shall require the retention of selected orchard trees within the new development or subdivision that are representative of the land's agricultural heritage. For orchards in productive use for at least five years prior to the new development, a minimum of 10 percent of the existing orchard trees shall be preserved.

Protection of Trees During New Construction. For the purpose of safeguarding trees during construction the following conditions shall apply to all existing trees within a subdivision area:

In construction cases where trenching around trees is necessary, the pathway of the trench shall be dug making every reasonable effort to avoid the tree's dripline. In those cases where an alternative trenching route is not possible, tunneling under woody roots rather than cutting such roots shall be required to preserve roots two inches or greater in diameter. When roots must be cut, sharp saws shall be used to make clean, nonfrayed cuts, under the supervision of the director of public works.

Planting of Trees in New Development. The city council may require the planting of trees within public areas other than street tree areas that are part of new development or subdivision that appears before city council for approval.

Trees or shrubs on private property, which abut, overhang, or otherwise interfere with adjoining property, shall be maintained, trimmed and otherwise managed so as to avoid creating a private nuisance to adjoining property owners. Failure to maintain, trim, or otherwise manage trees or shrubs on private property, where such failure creates a private nuisance, shall be deemed to be a violation of this section, and the planning officer may then remove or trim the tree or shrub and assess the cost against the property.

Any tree required by the provisions of this section shall be maintained in good health. If any such tree should die within two years of completion of the development project, the property owner shall replace it with a similar approved tree.

Any person who violates any of the provisions of this section or any of the conditions of any permit issued hereunder is guilty of a misdemeanor.

Violation of this chapter resulting in unauthorized removal, destruction or disfigurement of trees, the responsible person may be liable for a civil penalty equal to the value of the removed, destroyed or disfigured tree as set forth in the current edition of The Guide for Plant Appraisal as published by the International Society of Arboriculture (ISA) or other approved method. The city attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties and associated costs for the city. Penalties can be met through a combination of replacement trees and/or in-lieu payments to the city, as approved by the planning officer.

Whenever any construction work is being performed contrary to the provisions of this section, including failure to protect or maintain trees on construction or demolition sites, the planning officer may issue a written notice to the responsible party to stop work on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation or danger, and no work shall be allowed until the violation or danger has been rectified and approved by the planning officer.

As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible;

Situated to ensure that the loading facility is screened from adjacent streets as much as possible;

Situated to ensure that loading and unloading takes place on premises and in no case within adjacent public rights-of-way or other traffic circulation areas on premises;

Situated to ensure that vehicular maneuvers occur on premises; and

Situated to avoid adverse impacts upon neighboring residential properties.