Lemoore City Zoning Code
CHAPTER 4
LAND USES
9-4A-1: PURPOSE:
The purpose of this article is to establish the system for classifying land uses within the city. This article defines the various land uses referred to elsewhere in this chapter. (Ord. 2013-05, 2-6-2014)
9-4A-2: CLASSIFICATION OF LAND USES:
Land uses listed in this article and throughout this title have been grouped into general categories on the basis of common function, product, or compatibility characteristics. These allowed use categories are called use classifications. Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may appropriately be within the classification. Each land use is described in article B, "Allowed Uses And Required Entitlements", of this chapter.
A. The following rules apply to use classifications:
1. Special Use Regulations: Additional use regulations for special land uses are listed in article D, "Special Use Standards", of this chapter.
2. Uses Not Listed: Land uses that are not listed in the zoning district tables are not allowed, except as otherwise provided for in this title.
3. Illegal Uses: No use that is illegal under local, state, or federal law shall be allowed in any zoning district within the city.
4. Specific Plan Zoning District: When a property is located within a specific plan zoning district, the allowed use provisions of that specific plan zoning district shall govern. If a specific plan zoning district refers back to, utilizes, or defers to one or more of the city's base zoning districts, the allowed use provisions in those base zoning districts shall apply. If there are any conflicts between a base zoning district and a specific plan zoning district, the specific plan zoning district shall prevail.
5. Overlay Zoning District: When a property is located within an overlay zoning district, the allowed use provisions of that overlay zoning district shall prevail. When an overlay zoning district is silent on allowed use provisions, it defers the allowed use provisions to the base zoning district. Only where there is a conflict do the overlay zoning district provisions prevail. See chapter 9, "Overlay Zoning Districts", of this title for more information.
6. Similar Uses: When a use is not specifically listed in this code the use may be permitted if the planning director determines that the use is substantially similar to other uses listed based on established criteria and required findings outlined in section 9-2B-7, "Similar Use Determination", of this title. (Ord. 2013-05, 2-6-2014)
9-4A-3: ALLOWED LAND USES:
Zoning district allowed uses and corresponding requirements for entitlements are listed in section 9-4B-2, table 9-4B-2, "Allowed Uses And Required Entitlements For Base Zoning Districts", of this chapter for all of the city's base zoning districts. Generally, a use is either allowed by right, allowed through issuance of a permit, or not permitted. In addition to the requirements for planning entitlements of this title, other permits may be required prior to establishment of the use (e.g., building permit or permits required by other agencies). The requirements for planning entitlements identified in section 9-4B-2, table 9-4B-2 of this chapter include:
A. Permitted (P): A land use shown with a "P" indicates that the land use is permitted by right in the designated zoning district, subject to compliance with all applicable provisions of this title (e.g., development standards) as well as state and federal law.
B. Administratively Permitted (A): A land use shown with an "A" indicates that the land use is permitted in the designated zoning district upon issuance of an administrative use permit from the designated approving authority, subject to compliance with all applicable provisions of this Zoning Code (e.g., development standards), as well as State and Federal law.
C. Conditional Permitted (C): A land use shown with a "C" indicates that the land use is permitted in the designated zoning district upon issuance of a conditional use permit from the designated approving authority, subject to compliance with all applicable provisions of this Zoning Code (e.g., development standards), as well as State and Federal law.
D. Not Permitted (N): A land use shown with an "N" in the table is not allowed in the applicable zoning district. Additionally, uses not shown in the table are not permitted, except as otherwise provided for in this title. (Ord. 2013-05, 2-6-2014)
9-4A-4: TEMPORARY USES:
On occasion, property will be used for an event, activity, or use on a short term basis. Such use is considered a temporary use. Temporary uses of property are not regulated through section 9-4B-2, table 9-4B-2, "Allowed Uses And Required Entitlements For Base Zoning Districts", of this chapter. Rather, the provisions of article C, "Temporary Uses", of this chapter provide the regulations for these uses, including development standards and time limits. (Ord. 2013-05, 2-6-2014)
9-4A-5: DESCRIPTION OF LAND USES:
This section provides a listing and definition of all the land uses referred to elsewhere in this chapter. The uses are organized alphabetically for ease of use. (Ord. 2013-05, 2-6-2014)
A. "A" Definitions:
ADULT DAY HEALTHCARE CENTER: A facility, as defined under Health and Safety Code section 1570.7, that provides nonmedical care and supervision for adult healthcare, including organized day program of therapeutic, social, and skilled nursing health activities and services to elderly persons or adults with disabilities with functional impairments, either physical or mental, for the purpose of restoring or maintaining optimal capacity for self-care. Programs offered are on a less than twenty four (24) hour basis. State law does not limit the City's ability to regulate these uses.
AGRICULTURAL PRODUCTS PROCESSING: The act of changing an agricultural crop after harvest from its natural state to the initial stage of processing in order to prepare it for market and for further processing at an off site location. Examples of this processing include nut hulling and shelling, bean cleaning, corn shelling and sorting, grape sorting and crushing, primary processing of fruits to juice and initial storage of the juice, without fermentation, and cleaning and packing of fruits. More comprehensive processing facilities (e.g., raw milk processed to cheese) are considered food and beverage manufacturing and, as such, are included under the definition of "manufacturing, minor".
AGRICULTURAL TOURISM: Establishments that cater to tourists and provide agricultural products either produced on the site or within the community. Such uses include, but are not limited to, wineries with tasting rooms and permanent roadside crop stands or fruit stands.
AIRPORT: A facility where aircraft such as airplanes can take off and land. An airport minimally consists of one runway but other common components are hangars and terminal buildings.
ALCOHOLIC BEVERAGE SALES, OFF SITE: The retail sale of beer, wine, and/or other alcoholic beverages for off premises consumption.
ALCOHOLIC BEVERAGE SALES, ON SITE: See definitions of bar/nightclub and restaurant.
AMBULANCE SERVICE: Emergency medical care and transportation, including incidental storage and maintenance of vehicles.
ANIMAL HUSBANDRY: Raising and breeding of animals or production of animal products. Typical uses include grazing, ranching, dairy farming, poultry farming, beekeeping, and enclosed fisheries, but exclude slaughterhouses and feedlot operations. This classification includes accessory agricultural buildings accessory to such uses. Animal sales, boarding, and grooming are defined separately under "animal sales and grooming". Keeping of animals is defined separately under "animal keeping".
ANIMAL KEEPING: The keeping of farm animals, including, but not limited to, cows, horses, goats, sheep, and fowl or poultry (except roosters). Does not include the keeping of common household pets, which are separately defined.
ANIMAL SALES AND GROOMING: Retail sales of domestic and exotic animals, bathing and trimming services, and boarding of said animals for a maximum period of seventy two (72) hours conducted entirely within an enclosed building with no outdoor use. Grooming as part of a veterinary facility is included under that use listing.
ART, ANTIQUE, COLLECTIBLE: Retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books. Stores selling handcrafted items that are produced on the site are defined separately as artisan shops.
ARTISAN SHOP: Retail stores selling art glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold.
ASSEMBLY USES: Any of the following uses:
1. Meeting facilities for organizations including facilities for business associations, civic, social, and fraternal organizations, labor unions and similar organizations, political organizations, professional membership organizations, and other membership organizations;
2. Churches and other religious institutions, including living quarters for ministers and staff, but excluding other establishments maintained by religious organizations such as educational institutions and daycare, which are separately regulated; and
3. Community centers and other multipurpose meeting and recreational facilities that include one or more meeting or multipurpose facilities, kitchens, and outdoor barbecue facilities available for use by various groups for meetings, parties, receptions, dances, etc.
AUTO AND LIGHT VEHICLE SALES: Retail establishments selling automobiles, light trucks and motorcycles. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. It does not include the sale of heavy trucks, large farm equipment (e.g., combines, tractors), recreation vehicles, and boats (see "heavy vehicle sales"), the sale of auto parts/accessories separate from a vehicle dealership (see "auto parts sales"), bicycle and moped sales (see "retail, general"), tire recapping establishments (see "vehicle services - major"), businesses dealing exclusively in used parts (see "recycling facility - scrap and dismantling"), or "fueling station", all of which are separately defined.
AUTO AND VEHICLE RENTAL: Retail establishments renting automobiles, trucks, vans, and large farm equipment (e.g., combines, tractors). This use listing includes the rental of recreation vehicles, motorcycles, and boats. May also include repair shops (for rental vehicles only) and the sales of parts and accessories, incidental to vehicle rental activities.
AUTO AND VEHICLE SALES, WHOLESALE: Wholesale establishments selling new and used vehicles and used vehicle parts. This use is normally developed as part of an auto wrecking, junkyard, or salvage yard. Conventional automobile dealerships are listed under auto and vehicle sales and rental.
AUTO AND VEHICLE STORAGE: Facilities for the storage of operative and inoperative vehicles for limited periods of time. Includes, but is not limited to, storage of towed vehicles, impound yards, and storage lots for automobiles, trucks, buses, and recreation vehicles. Does not include vehicle dismantling (see "auto vehicle dismantling") or retail sales (see "auto and vehicle sales").
AUTO PARTS SALES: Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see "vehicle services"). Does not include tire recapping establishments, which are found under "vehicle services - major" or businesses dealing exclusively in used parts, which are included under "auto and vehicle sales, wholesale".
AUTO VEHICLE DISMANTLING: Establishment for the dismantling of automobile vehicles, including the dismantling or wrecking of automobiles or other motor vehicles, and/or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. Retail sales are included under the definition of "auto and vehicle sales, wholesale". (Ord. 2013-05, 2-6-2014; amd. Ord. 2017-08, 6-20-2017)
B. "B" Definitions:
BANKS AND FINANCIAL SERVICES: Financial institutions such as banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment companies. Also includes automated teller machines (ATM).
BAR/NIGHTCLUB: Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g., music and/or dancing, comedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include the brewing of beer as part of a brewpub or microbrewery. Bars and nightclubs may include outdoor food and beverage areas consistent with the standards of this title and state regulations. This use specifically includes on site sales of alcohol.
BED AND BREAKFAST INN: Residential structures with one family in permanent residence with up to five (5) bedrooms rented for overnight lodging, where meals may be provided subject to applicable Health Department regulations. A bed and breakfast inn with more than five (5) guestrooms is considered a hotel or motel and is included under the definition of "hotel and motel".
BROADCASTING AND RECORDING STUDIO: Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus such as antennas and towers, which are under the definition of "wireless telecommunication facility".
BUILDING MATERIALS STORE/YARD: Retail establishments selling lumber, steel, and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, and fixtures. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready mix concrete operations. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "storage, warehouse" and "wholesaling and distribution". Hardware stores are listed in the definition of "retail, general", even if they sell some building materials.
BUS AND TRANSIT SHELTER: A small structure designed for the protection and convenience of waiting transit passengers and that has a roof and usually two (2) or three (3) sides.
BUSINESS SUPPORT SERVICES: Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to:
1. Equipment repair services (except vehicle repair, see "vehicle services");
2. Commercial art and design (production);
3. Computer related services (rental, repair);
4. Copying, quick printing, and blueprinting services (other than those defined as "printing and publishing");
5. Equipment rental businesses within buildings (rental yards are defined under "storage, yard");
6. Film processing laboratories;
7. Heavy equipment repair services where repair occurs on the client site;
8. Janitorial services;
9. Mail advertising services (reproduction and shipping);
10. Mailbox services and other heavy service business services;
11. Outdoor advertising services; and
12. Photocopying and photofinishing. (Ord. 2013-05, 2-6-2014)
C. "C" Definitions:
CALL CENTER: An office equipped to handle a large volume of calls, especially for taking orders or servicing customers.
CANNABIS: Shall have the same definition as in California Health and Safety Code section 11018, and title 4, chapter 8 of the Municipal Code as they now read or as may be amended.
CANNABIS COMMERCIAL CULTIVATION: A facility that cultivates cannabis or cannabis products as a commercial activity.
CANNABIS COMMERCIAL DISPENSARY: Any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to more than two (2) persons. This definition includes smoking lounge facilities as defined and regulated in title 4, chapter 8 of the Municipal Code.
CANNABIS COMMERCIAL DISTRIBUTION: The procurement, sale, and transport of cannabis and cannabis products between State licensees.
CANNABIS COMMERCIAL MANUFACTURING : Shall have the same definition as in the California Business and Professions Code section 26001(ag), and title 4 of the Municipal Code as they now read or as may be amended, and means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
CANNABIS COMMERCIAL TESTING: A laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: 1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; and 2) licensed by the State.
CAR WASHING AND DETAILING: Permanent, drive-through, self-service, and/or attended car washing establishments, including fully mechanized facilities and detailing services. Temporary car washes (e.g., fundraising activities generally conducted at a service station or other automotive related business, where volunteers wash vehicles by hand, and the duration of the event is limited to 1 day) are not part of this use classification.
CARD ROOM: A gambling establishment that offers card games for play by the public.
CARETAKER HOUSING: A permanent residence that is accessory to a site with a nonresidential primary use and that is needed for security, twenty four (24) hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site.
CEMETERY/MAUS OLEUM: Land used for the burial of the dead, and dedicated for cemetery purposes, including columbaria and mausoleums.
CHECK CASHING BUSINESS: An establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving a similar purpose. Also includes establishments primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks. This classification does not include a State or Federally chartered bank, savings association, credit union or similar financial institution (see "banks and financial services").
CHILD DAYCARE FACILITY: Facility that provides nonmedical care and supervision of minor children for periods of less than twenty four (24) hours for an individual child. These facilities include the following, all of which are required to be licensed by the State:
1. Child Daycare Center: Commercial or nonprofit child daycare facility operated outside of a home, typically able to accommodate fifteen (15) or morechildren, including infant centers, preschools, sick child centers, daycare centers, and school age daycare facilities. These may be operated in conjunction with a school or church facility, apartment complex, or as an independent land use. Also includes employer sponsored childcare centers.
2. Family Daycare Home, Large: A home that regularly provides care, protection, and supervision while the parents or guardians are away for seven (7) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside at the home. This description is consistent with section 1596.78 of the Health and Safety Code.
3. Family Daycare Home, Small: A home that regularly provides care, protection, and supervision while the parents or guardians are away for six (6) or fewer children, including children under the age of ten (10) years who reside at the home, or up to eight (8) children if the conditions of section 1597.44 of the Health and Safety Code are met. Per State law, small family daycare uses may not be regulated differently than single-family dwellings. This description is consistent with section 1596.78 of the Health and Safety Code.
CITY: The City of Lemoore.
COMMUNITY FOOD BANK: Any place where food is served or dispensed and the operation is conducted as a nonprofit, charitable operation, including mission food banks, soup kitchens, church organization food outlets, and charitable rehabilitation centers.
COMMUNITY GARDEN: A site used for growing plants for food, fiber, herbs, or flowers, which is shared and maintained by City residents or as part of a co-op.
CONSIGNMENT STORE: A retail store where goods are placed on "consignment", which is the act of placing goods in the hands of another, while still retaining ownership, until the goods are sold.
CONSTRUCTION YARD/STORAGE SHED: The temporary storage of materials and equipment, including the use of storage sheds, as part of a construction project. Construction yards/storage sheds are considered temporary uses regulated by article C, "Temporary Uses", of this chapter.
CONVENIENCE STORE: Easy access retail stores of five thousand (5,000) square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs. These stores may be part of a fueling station or an independent facility. Larger stores or stores oriented toward the daily shopping needs of residents are separately defined as "neighborhood market" and "grocery store/supermarket".
COTTAGE FOOD OPERATION: An enterprise at a private home where specific food products defined by the California Department of Public Health as "non-potentially hazardous" are prepared and/or packaged for sale to consumers.
CREMATORY: An establishment or furnace that cremates dead human bodies.
CROP PRODUCTION: Raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. This classification includes agricultural buildings accessory to such uses and roadside stands for display/sale of agricultural products grown on the premises. Excludes uses for which other garden, nursery, or landscape merchandise are stored and sold on the site.
CULTIVATE OR CULTIVATION: Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis/marijuana, as set out in California Business and Professions Code section 26001(l) as amended from time to time. (Ord. 2013-05, 2-6-2014; amd. Ord. 2016-01, 1-19-2016; Ord. 2019-03, 7-2-2019; Ord. 2023-10, 9-19-2023)
D. "D" Definitions:
DELIVERY: As defined in the California Business and Professions Code section 26001(p), as such section may be amended from time to time, and includes the commercial transfer of cannabis and cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform that enables qualified patients and caregivers to arrange for or facilitate the transfer.
DRIVE-IN AND DRIVE-THROUGH SALES AND SERVICE: Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast food restaurants, drive-through coffee, dairy products, photo stores, etc.
DWELLING, ACCESSORY UNIT (ADU): An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons with permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit may be an efficiency unit, as defined in Health and Safety Code Section 17958.1, and a manufactured home, as defined in Health and Safety Code Section 18007.
DWELLING, JUNIOR ACCESSORY UNIT (JADU): A dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence that includes a separate entrance from the main entrance to the single-family residence, separate sanitation facilities, and an efficiency kitchen consisting of a cooking facility with appliances, a food preparation counter, and storage cabinets of reasonable size in relation to the size of the unit.
DWELLING, MULTI-FAMILY: A building designed and intended for occupancy by three (3) or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., apartment, apartment house, townhouse, condominium).
DWELLING, SINGLE-FAMILY: A building designed exclusively for occupancy by one family on a single lot. This classification includes factory built, modular housing units constructed in compliance with the City adopted Building Code and mobilehomes/manufactured housing on permanent foundations1, and model homes for the first sale of homes within the subdivision.
DWELLING, TWO- FAMILY: An attached building (e.g., duplex, halfplex) designed for occupancy by two (2) families living independently of each other, where both dwellings are located on a single or adjacent lots. More than one (1) two-family dwelling may be located on a single lot consistent with the density provisions of the General Plan. Does not include second dwelling units, which are separately described as "dwelling, accessory unit". (Ord. 2013-05, 2-6-2014; amd. Ord. 2016-01, 1-19-2016; Ord. 2016-13, 11-1-2016; Ord. 2017-06, 5-16-2017; Ord. 2019-03, 7-2-2019; Ord. 2023-10, 9-19-2023)
E. "E" Definitions:
EMERGENCY SHELTER: Any facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or for specific populations of the homeless.
EMPLOYEE HOUSING: Consistent with Health and Safety Code section 17008, property used temporarily or seasonally (not more than 180 days in any calendar year) for the residential use of unrelated persons/families employed to perform agricultural or industrial labor either on or off site of agricultural activities. The accommodations may consist of any living quarters, dwelling, boarding house, tent (only temporary occupancy), bunkhouse (only temporary occupancy), mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations maintained in one or more buildings, or one or more sites, and the premises upon which they are situated, including area set aside for parking of mobilehomes or camping of employees by the employer. Employee housing may also involve permanent residency if the housing accommodation is a mobilehome, manufactured home, travel trailer, or recreational vehicle. Specifically, there are two (2) types of employee housing as follows:
1. Employee Housing, Large: Employee housing that serves more than six (6) employees and consists of no more than thirty-six (36) beds in group quarters or twelve (12) units or spaces designed for use by a single family or household.
2. Employee Housing, Small: Employee housing that serves six (6) or fewer employees.
ENTERTAINMENT AND ASSEMBLY EVENTS: The temporary gathering of people, either out of doors or within a structure, for entertainment or assembly events in a way that deviates or is in addition to the common use of the property on a day to day basis. Examples include, but are not limited to, carnivals, concerts, and fairs. Entertainment and assembly events are considered temporary uses regulated by article C, "Temporary Uses", of this chapter.
EQUESTRIAN FACILITY, COMMERCIAL: Commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals, and paddocks accessory and incidental to these uses.
EQUESTRIAN FACILITY, HOBBY: Stables, corrals, and paddocks used by the individual homeowners of corresponding property and their animals.
EQUIPMENT SALES AND RENTAL: Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental (e.g., construction equipment). (Ord. 2013-05, 2-6-2014)
F. "F" Definitions:
FAMILY: An individual or group of two (2) or more persons occupying a dwelling and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling and where the adult residents share expenses for food or rent. Family does not include institutional group living situations such as dormitories, fraternities, sororities, monasteries, convents, residential care facilities or military barracks, nor does it include such commercial group living arrangements as boardinghouses, lodging houses, and the like.
FARMERS' MARKET: The temporary sale of farm fresh produce and other goods. Farmers' markets are generally held out of doors in public spaces and are considered temporary uses regulated by article C, "Temporary Uses", of this chapter. For permanent uses, see "convenience store", "neighborhood market", or "grocery store/supermarket".
FREIGHT YARD/TRUCK TERMINAL: Transportation establishments furnishing services incidental to air, motor freight, and rail transportation including freight forwarding services, freight terminal facilities, joint terminal and service facilities, packing, crating, inspection, and weighing services, postal service bulk mailing distribution centers, transportation arrangement services, truck repair, truck terminals, trucking facilities including transfer and storage.
FUEL STORAGE AND DISTRIBUTION: A large scale facility where fuel (such as propane and gasoline) is stored and distributed without retail sales.
FUELING STATION: A retail business selling gasoline, diesel, or other motor vehicle fuels. Vehicle services which are incidental to fuel services are included under "vehicle services - minor". (Ord. 2013-05, 2-6-2014; amd. Ord. 2015-08, 1-5-2016)
G. "G" Definitions:
GARAGE/YARD SALE: A temporary sales event associated with a residential use. Garage/yard sales are considered temporary uses regulated by article C, "Temporary Uses", of this chapter.
GARDEN CENTER/PLANT NURSERY: Establishments providing for the cultivation and sale of trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and equipment.
GATED RESIDENTIAL COMMUNITY: Any single-family or multi- family development that is gated and restricts public access into the development.
GROCERY STORE/SUPERMARKET: A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These full service businesses do not typically have limited hours of operation.
GROUP RESIDENTIAL: Shared living quarters without separate kitchen and/or bathroom facilities for each room or unit. This classification includes residential hotels, dormitories, fraternities, sororities, convents, rectories, and private residential clubs but does not include living quarters shared exclusively by a family. This category includes "boarding houses", which are defined as a building other than a hotel or restaurant where meals or lodging or both meals and lodging are provided for compensation for four (4) or more persons.
GUESTHOUSE: A detached structure accessory to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities. (Ord. 2013-05, 2-6-2014)
H. "H" Definitions:
HEAVY VEHICLE SALES: Retail establishments selling heavy trucks, large farm equipment (e.g., combines, tractors), recreation vehicles, and boats. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. It does not include the sale of vehicle parts/accessories separate from a vehicle dealership (see "auto parts sales"), automobile, light trucks and motorcycle sales (see "auto and light vehicle sales"), bicycle and moped sales (see "retail, general"), tire recapping establishments (see "vehicle services - major"), businesses dealing exclusively in used parts (see "recycling facility - scrap and dismantling"), or "fueling station", all of which are separately defined.
HELIPORT: A facility, other than an emergency medical services (EMS) landing site as defined in the California Code of Regulations title 21 section 3527, for the landing and takeoff of one or more helicopters. Such facilities may include, but are not limited to, and are not required to have, the following: designated marked landing areas; storage structure(s) and/or tie downs; refueling facilities; and other support services. This use listing specifically includes agricultural heliports, public use heliports, heliports at hospitals, personal use heliports, and temporary helicopter landing sites, all as defined in California Code of Regulations title 21 section 3527.
HOME OCCUPATION: The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, accountants, financial advisors, architects, artists, attorneys, notaries, offices for construction businesses (without equipment or material storage), gardening service, and real estate sales.
HOOKAH PARLOR: Any facility or location whose business operation, whether as its primary use or as an accessory use, is denoted by the smoking of tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha, or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including, but not limited to, establishments known variously as hookah bars, hookah lounges, or hookah cafes. Hookah parlors are prohibited in all zoning districts.
HOTEL AND MOTEL: Facility with guestrooms or suites, provided without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guestrooms from an interior walkway and typically include a variety of services in addition to lodging, for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guestrooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. Hotels and motels that provide full kitchen facilities are listed under "group residential".
HOUSEHOLD PET: The keeping, primarily for a person's company, of birds, cats, dogs, chickens, or potbellied pigs. The definition also includes other small, caged animals that do not generate odor or noise that is noticeable at the site property line. The definition specifically does not include roosters. (Ord. 2013-05, 2-6-2014; amd. Ord. 2017-08, 6-20-2017)
I. "I" Definitions:
INDOOR AMUSEMENT/ENTERTAINMENT FACILITY: Establishments providing indoor amusement and entertainment services for a fee or admission charge, including dance halls and ballrooms, and electronic game arcades, as primary uses. Four (4) or more electronic games or coin operated amusements in any establishment, or a premises where fifty percent (50%) or more of the floor area is occupied by amusement devices, are considered an electronic game arcade; three (3) or less machines are not considered a land use separate from the primary use of the site.
INDOOR FITNESS AND SPORTS FACILITY: Predominantly participant sports and health activities conducted entirely within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, gymnastic studios, athletic clubs, and health clubs.
INTERIM AGRICULTURAL USE: The use of property for crop production or other agricultural use on a temporary basis until such time as it is economically viable to develop the property to the highest and best use as defined by the general plan. Interim agricultural uses are considered temporary uses regulated by article C, "Temporary Uses", of this chapter. These uses involve commercial agricultural operations, including aspects such as mechanized commercial equipment, and are different from community based operations described in community gardens.
J. "J" Definitions:
Reserved for future use.
K. "K" Definitions:
KENNEL: Facility providing for the boarding of animals as the primary use of the facility. May also include daytime boarding and activity for animals (e.g., "doggie daycare") and ancillary grooming facilities. A kennel as part of a veterinary facility is included under that use listing.
L. "L" Definitions:
LIBRARY/MUSEUM: Public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums.
LIVE-WORK FACILITY: A structure or portion of a structure: !DEFEND!
1. That combines a commercial or manufacturing activity allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household;
2. Where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and
3. Where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises. (Ord. 2013-05, 2-6-2014)
M. "M" Definitions:
MAINTENANCE AND REPAIR OF SMALL EQUIPMENT: Establishments providing on site repair and accessory sales of supplies for appliances, office machines, home electronic/mechanical equipment, bicycles, tools, or garden equipment, conducted entirely within an enclosed building. This classification does not include maintenance and repair of vehicles.
MANUFACTURED HOME: See definition of Dwelling, Single-Family.
MANUFACTURING, MAJOR: Manufacturing, fabrication, processing, and assembly of materials in a raw form. Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on site or on an adjacent site. Uses include, but are not limited to, batch plants, rendering plants, aggregate processing facilities, plastics and rubber products manufacturing.
MANUFACTURING, MINOR: Manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be noxious to persons conducting business on site or on an adjacent site. Uses include, but are not limited to, furniture manufacturing and cabinet shops, laundry and dry cleaning plants, metal products fabrication, and food and beverage manufacturing (e.g., raw milk processed to cheese).
MANUFACTURING, SMALL SCALE: Establishments manufacturing and/or assembling small products primarily by hand, including, but not limited to, jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.
MARIJUANA: Shall have the same definition as in California Health And Safety Code section 11018, and title 4, chapter 8 of the Municipal Code as they now read or as may be amended.
MASSAGE THERAPY: Establishment where customers can receive a massage. See specific use regulations in title 4, chapter 7, "Massage Regulations", of the Municipal Code.
MEDICAL MARIJUANA: Marijuana used for medical purposes in accordance with California Health and Safety Code section 11362.7 et seq., as may be amended.
MEDICAL SERVICES: Facilities that provide medical services as further defined as follows:
1. Extended Care: Residential facilities providing nursing and health related care as a primary use with inpatient beds, such as board and care homes, convalescent and rest homes, extended care facilities, and skilled nursing facilities. Long term personal care facilities that do not include medical treatment are included under "residential care homes" and "residential care facilities".
2. General: Facility primarily engaged in providing outpatient medical, mental health, surgical, and other personal health services, but which are separate from hospitals, including medical and dental laboratories, medical, dental and psychiatric offices, optometrist, outpatient care facilities, and other allied health services. Counseling services by other than medical doctors or psychiatrists are included under "office, business and professional".
3. Hospital: Hospitals and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment (with overnight stay capabilities), including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete healthcare, and may include on site accessory clinics and laboratories.
MOBILEHOME: See definition of dwelling, single-family.
MOBILEHOME PARK: Consistent with Government Code section 65852.7, any site that is planned and improved to accommodate two (2) or more mobilehomes used for residential purposes, or on which two (2) or more mobilehome lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobilehomes used for residential purposes.
MORTUARY/FUNERAL HOME: Funeral homes and parlors, where the deceased are prepared for burial or cremation and funeral services may be conducted. (Ord. 2013-05, 2-6-2014; amd. Ord. 2016-01, 1-19-2016; Ord. 2016-13, 11-1-2016; Ord. 2017-01, 2-7-2017; Ord. 2019-03, 7-2-2019)
N. "N" Definitions:
NEIGHBORHOOD MARKET: A pedestrian oriented grocery/specialty market store offering food products packaged for preparation and consumption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. Neighborhood markets are less than fifteen thousand (15,000) square feet in size and operate less than eighteen (18) hours per day. For larger stores, see "grocery store/supermarket". Neighborhood markets may include deli or beverage tasting facilities that are ancillary to the market/grocery portion of the use. (Ord. 2013-05, 2-6-2014)
O. "O" Definitions:
OFFICE, ACCESSORY: Offices that are incidental and accessory to another business or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use. The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed twenty five percent (25%) of the total tenant floor area.
OFFICE, BUSINESS AND PROFESSIONAL: This use listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., Post Office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see definition of medical services), temporary offices, or offices that are incidental and accessory to another business or sales activity that is the primary use (see definition of office, accessory). These facilities typically operate during normal business hours, Monday through Friday, seven o'clock (7:00) A.M. to six o'clock (6:00) P.M.
OUTDOOR COMMERCIAL BARBEQUE: An outdoor facility at an approved location for cooking food for commercial sale directly over hot coals, fire, or other method approved by the County Health Department.
OUTDOOR COMMERCIAL RECREATION: Facility for various outdoor participant sports and types of recreation where a fee is normally charged for use, including, but not limited to, amphitheaters, amusement and theme parks, golf courses, golf driving ranges, health and athletic club outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, racetracks, swim and tennis clubs, tennis courts, water slides, and zoo. (Ord. 2013-05, 2-6-2014; amd. Ord. 2017-06, 5-16-2017)
P. "P" Definitions:
PARK AND RIDE FACILITY: A designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.
PARK/PUBLIC PLAZA: Public parks including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. If privately owned and restricted to the public (e.g., require payment of fee), the same facilities are included under the definition of "outdoor commercial recreation".
PARKING FACILITY: A parking lot or parking structure used for parking motor vehicles where the facility is the primary use of the site. Parking structures and lots that are developed in conjunction with another primary use of the site to satisfy the on site parking requirements for the development are not included in this definition.
PAWNSHOP: Any room, store, building, or other place in which the business of pawnbrokering, or the business of lending money upon personal property, pawns or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted.
PERSONAL SERVICES: Establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops, clothing rental, day spas (excluding massage therapy), dry cleaning stores with limited on site cleaning (see definition of manufacturing, minor for larger operations), home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, and tanning salons.
PRIMARY CAREGIVER: Shall have the same definition as in California Health and Safety Code section 11362.7 et seq., as it now reads or as amended.
PRINTING AND PUBLISHING: Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include quick printing services or desktop publishing, which are included in "business support services".
PUBLIC SAFETY FACILITY: Facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim incarceration facilities.
Q. "Q" Definitions:
QUALIFIED PATIENT: Shall have the same definition as California Health and Safety Code section 11362.7 et seq., as it now reads or as amended. (Ord. 2013-05, 2-6-2014; amd. Ord. 2016-01, 1-19-2016)
R. "R" Definitions:
RECREATIONAL VEHICLE PARK: A site where one (1) or more lots are used, or are intended to be used, by campers with recreational vehicles or tent trailers. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve park patrons only. These facilities are not intended for long term stay or residency.
RECYCLING FACILITY - COLLECTION: A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than five hundred (500) square feet. This classification may include a mobile unit, kiosk type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. This also includes reverse vending machines, an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container's redemption value as determined by the state. As required under California Public Resources Code section 14500 et seq., a recycling collection facility shall be located within a one-half (1/2) mile radius of a grocery store (referred to as the convenience zone under section 14509.4).
RECYCLING FACILITY - PROCESSING: A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment or to an end user's specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Collection of recycling materials as the sole activity is included in the definition of "recycling facility - collection".
RECYCLING FACILITY - SCRAP AND DISMANTLING: Uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials. This use does not include landfills or other terminal waste disposal sites. Also see definition of Auto Vehicle Dismantling for related use for automobiles. These facilities may also be used for collection of recycling materials where the collection is incidental to the scrap and dismantling operation.
RESEARCH AND DEVELOPMENT: Indoor facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes, but is not limited to, chemical and biotechnology research and development. Does not include computer software companies (see definition of Office, Business And Professional), soils and other materials testing laboratories (see definition of Business Support Services), or medical laboratories (see definition of Medical Services: General).
RESIDENTIAL CARE FACILITY: Consistent with the definitions of state law1, a residential care facility is a facility that provides twenty four (24) hour nonmedical care for more than six (6) persons eighteen (18) years of age or older, or emancipated minors, with chronic, life threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California.
RESIDENTIAL CARE HOME: Consistent with the definitions of state law2, a residential care home is a home that provides twenty four (24) hour nonmedical care for six (6) or fewer persons eighteen (18) years of age or older, or emancipated minors, with chronic, life threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California. Per state law, these uses may not be regulated differently than single-family dwellings. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of "medical services: extended care".
RESOURCE PROTECTION AND RESTORATION: Activities and management of an area to preserve, re-create, and enhance natural resource such as fish and wildlife habitat, rare and endangered plants, vernal pools, erosion control, wetlands, and floodwater conveyance.
RESOURCE RELATED RECREATION: Facility related to passive recreation in open space areas including bicycle and pedestrian trails, picnic areas, parking areas, and interpretive centers.
RESTAURANT: A retail business selling food and beverages prepared and/or served on the site, for on or off premises consumption, from a permanent structure. Includes eating establishments where customers are served from a walk-up ordering counter for either on or off premises consumption and establishments where most customers are served food at tables for on premises consumption, but may include providing food for takeout. Also includes coffeehouses and accessory cafeterias as part of office and industrial uses. This use specifically includes on site sales of alcohol.
RETAIL, ACCESSORY: The retail sales of various products (including food service) in a store or similar facility that is located within a healthcare, hotel, office, or industrial complex. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on site. Such retail area shall not exceed twenty five percent (25%) of the total square footage for each tenant space.
RETAIL, GENERAL: The retail sales of merchandise not specifically listed under another use classification. This classification includes department stores; drugstores; furniture, furnishings, and appliance stores; dry goods; clothing stores; fabric and sewing supplies; home improvement supplies; florists (except that nurseries are separately defined); and businesses retailing goods such as the following: toys, hobby materials, handcrafted items, jewelry, cameras and electronic equipment, audio and video sales and rental, sporting goods, kitchen utensils, art supplies, and similar activities.
RETAIL, WAREHOUSE CLUB: Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees. (Ord. 2013-05, 2-6-2014)
S. "S" Definitions:
SCHOOL: A facility that provides for the education and/or training of individuals or groups as further defined as follows:
1. Academic - Private And Charter: Any privately owned and operated elementary school, middle school, secondary school, high school, or other institution providing academic instruction for students from kindergarten through twelfth grade. This listing also includes a private school operating under a charter from the local school district and not managed directly by the governing body of the public school district (e.g., school board).
2. Academic - Public: Public elementary schools, middle schools, secondary schools, high schools, and any other public school providing academic instruction for students from kindergarten through twelfth grade.
3. Colleges And Universities - Private: Any privately owned college or university, including medical schools, law schools, and other instruction of higher education, including dorms, offices, facility maintenance yards, and similar supportive functions.
4. Colleges And Universities - Public: Public community colleges, colleges, and universities, including dorms, offices, facility maintenance yards, and similar supportive functions.
5. Equipment/Machinery/Vehicle Training: Facilities and programs for training students in the repair and maintenance of various equipment, machinery, and vehicles which tend to have a more industrial nature to them. Examples include, but are not limited to, maintenance of business equipment and consumer products (e.g., computers and other electronic equipment, appliance repair, reupholstery and furniture repair), trade schools (e.g., metalwork/welding), and vehicle repair and maintenance (e.g., repair, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, motorcycles, trucks, recreational vehicles, boats, and other vehicles).
6. Specialized Education And Training/Studios: Specialty schools for instructing and training students in a variety of specialized programs, including, but not limited to, the following:
a. Computers and electronics training schools;
b. Drama schools;
c. Driver educational schools;
d. Language schools;
e. Music schools;
f. Professional, vocational, and trade schools of a nonindustrial nature (e.g., culinary, cosmetology, arts and media, accounting and finance, health and dental including nursing, legal, psychology, and technology); and
g. Studio style facilities including, but not limited to, dance/ballet, art, photography, yoga, martial arts (e.g., karate, kung fu, judo, tae kwon do, jujitsu), and fitness studios other than "indoor fitness and sports facilities".
SEASONAL SALE: The retail sale of goods related to seasonal holidays, including, but not limited to, Christmas tree sales, pumpkin sales, and fireworks stands.
SEMIPERMANENT MOBILE FOOD VEHICLE: Any vehicle as defined in section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind that parks for more than twenty (20) minutes daily for more than fourteen (14) days in one calendar year at one or more locations within the city. For the purposes of this title, a mobile food vehicle shall also include any trailer or wagon equipped and used as described in this definition and pulled by a vehicle. Excluded from this category are:
1. Any person engaged in vending conducted in connection with:
a. The operations of a state certified farmers' market,
city of Lemoore, such as an authorized street fair, or
c. An event at a sports complex, little league facility, school facility, or recreational facility if the vendor is in partnership with the organization conducting the event and is located on the site of the event; or
2. Any person not exceeding the time thresholds listed in the first sentence of this definition.
SEXUALLY ORIENTED BUSINESS: Any business that, for any form of consideration, as a regular and substantial portion of conduct, offers its patrons products, merchandise, services, or entertainment that, because of its sexually explicit nature, may, pursuant to state law or local regulatory authority, be offered only to persons over the age of eighteen (18) years. A regular and substantial portion of conduct shall mean that either: 1) fifteen percent (15%) or more of the business's gross revenue is derived from merchandise, services, or entertainment that is of a sexually explicit nature; or 2) fifteen percent (15%) or more of the floor space of the area of the building open to the public is used for the display of products, merchandise, services, or entertainment that is of a sexually explicit nature. Examples include, but are not limited to, the following:
1. Adult Bookstore: An establishment that has fifteen percent (15%) or more of its stock in books, magazines, periodicals, or other printed matter, or of photographs, films, motion pictures, videocassettes, slides, tapes, records, or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas as defined in this title.
2. Adult Cabaret: An establishment that, for any form of consideration, as a regular and substantial course of conduct presents live performances that are characterized by an emphasis upon specified sexual activities (as defined in this title) or feature any seminude person.
3. Adult Hotel/Motel: A hotel or motel or similar business establishment offering public accommodations for any form of consideration which: a) provides patrons with closed circuit television transmissions, films, computer generated images, motion pictures, videocassettes, slides, or other photographic reproductions fifteen percent (15%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas (as defined in this title); and b) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases, or lets any single room more than twice in a twenty four (24) hour period.
4. Adult Motion Picture Theater: An establishment that, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer generated images, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas as defined in this title.
5. Adult Retail Store: An establishment that, for any form of consideration, as a regular and substantial course of conduct (15 percent or more of the stock) offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise, or both.
SHORT-TERM RENTAL UNIT: Residential structure where all or a portion of the structure is rented for overnight lodging for a period of less than 30 days. A short-term rental unit or site that provides a meal as part of its service is considered a bed and breakfast inn and is included under the definition of "bed and breakfast inn".
SINGLE ROOM OCCUPANCY (SRO) FACILITY: A room or efficiency unit, as defined by Health And Safety Code section 17958.1, intended or designed to be used, or which is used, rented, or hired out, to be occupied, or which is occupied, as a primary residence, by guests. It is a multi-unit housing facility that typically consists of a single room and shared bath. It may also include a shared common kitchen and common activity area. SROs may be restricted to seniors or be available to persons of all ages. Dormitories are separately defined under "group residential".
SMOKE OR VAPE SHOP: An establishment that either devotes more than fifteen percent (15%) of its total floor area to smoking, vaping, drug, and/or tobacco paraphernalia, or devotes more than a ten foot by five foot (10' x 5') (2 feet in depth maximum) section of shelf space for display for sale of smoking, vaping, drug, and/or tobacco paraphernalia.
SOLAR POWER STATION: A facility that is the primary use of the site, where solar energy is collected and converted into electrical energy (e.g., solar farms).
STORAGE, PERSONAL STORAGE FACILITY: A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces, as well as ancillary RV and vehicle storage, and characterized by low parking demand.
STORAGE, WAREHOUSE: Facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or ministorage facilities offered for rent or lease to the general public (see definition of storage, personal storage facility) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see definition of wholesaling and distribution).
STORAGE, YARD: The storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
SUPPORTIVE HOUSING: Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on site or off site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
SWAP MEETS: The temporary gathering of people and secondhand goods for the sale or trade of those products, whether out of doors or within a structure. Swap meets are considered temporary uses regulated by article C of this chapter. (Ord. 2013-05, 2-6-2014; amd. Ord. 2015-08, 1-5-2016; Ord. 2017-06, 5-16-2017; Ord. 2023-10, 9-19-2023)
T. "T" Definitions:
TARGET POPULATION: Persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act1 and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
TATTOO PARLOR: Any establishment that engages in the business of tattooing including permanent makeup services.
TEMPORARY CONSTRUCTION OFFICE: An office established for purposes of a construction project, usually contained within a trailer or other mobile structure. Temporary construction offices are considered temporary uses regulated by article C, "Temporary Uses", of this chapter.
TEMPORARY SALES OFFICE: An office established for purposes of selling lots or homes as part of new residential subdivisions and located within the subdivision for which the sales are occurring. Temporary sales offices may be located within a trailer or other mobile structure or within a model home or other structure. Temporary sales offices are considered temporary uses regulated by article C, "Temporary Uses", of this chapter.
THEATER/ AUDITORIUM: Indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for live theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see definition of Outdoor Commercial Recreation.
THRIFT STORE: A retail establishment selling secondhand goods donated by members of the public.
TRANSIT FACILITY: Maintenance and service centers for the vehicles operated in a mass transportation system. Includes buses, taxis, railways, etc. Note that taxi operations are subject to police department review as identified in section 3-6A-6 of the municipal code.
TRANSIT STATION/ TERMINAL: Passenger stations for vehicular and rail mass transit systems.
TRANSITIONAL HOUSING: Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.
TRUCK STOP/ TRAVEL CENTER: A commercial facility that provides multiple services to travelers and truck drivers, such as fueling stations, restaurants, rest areas, convenience sales, vehicle parking, and/or shower and laundry facilities. (Ord. 2013-05, 2-6-2014; amd. Ord. 2015-08, 1-5-2016; Ord. 2016-04, 4-19-2016)
U. "U" Definitions:
UTILITY FACILITY AND INFRASTRUCTURE: Includes the following:
1. Fixed Base Structures And Facilities: Facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code section 53091: electrical substations and switching stations; natural gas regulating and distribution facilities; public water system wells, treatment plants, and storage; telephone switching facilities; and wastewater treatment plants, settling ponds, and disposal fields. These uses do not include office or customer service centers (classified in "offices") or equipment and material storage yards.
2. Transmission Lines And Pipelines: Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal, and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physical conduits.
V. "V" Definitions:
VEHICLE SERVICES - MAJOR: The repair, alteration, restoration, towing, painting, cleaning (e.g., self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats, farm equipment, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major repair and bodywork repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other bodywork, and painting services and may also include tire recapping establishments.
VEHICLE SERVICES - MINOR: Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick lube, smog check). Does not include repair shops that are part of a vehicle dealership on the same site (see definition of Auto And Vehicle Sales) or automobile dismantling yards, which are included under "recycling facility - scrap and dismantling".
VETERINARY FACILITY: Veterinary facility that is primarily enclosed, containing only enough cage arrangements as necessary to provide services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long term medical care. Grooming and boarding of animals is allowed only if accessory to the facility use.
W. "W" Definitions:
WHOLESALING AND DISTRIBUTION: Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers, and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
WIRELESS TELECOMMUNICATION FACILITY: Facility designed and/or used for the purpose of transmitting, receiving, or relaying voice and/or data signals from various wireless communication devices, including transmission tower, antenna, and/or other facility designed or used for that purpose. Wireless telecommunication facilities are divided into two (2) types as follows:
1. Wireless Telecommunication Facility - Major: A communication facility that:
a. Is a freestanding ground mounted facility; or
b. Is a structure or roof mounted facility that is more than ten feet (10') above the structure roofline; and
c. Is not specifically identified as a minor facility herein.
Examples include, but are not limited to, the following:
a. Wireless telecommunication towers (cellular towers);
b. Satellite earth station (SES) antennas that are more than two meters (2 m) in diameter; and
c. Parabolic antennas, direct broadcast satellite (DBS) antennas, and multipoint distribution service (MDS) antennas that are more than one meter (1 m) in diameter.
2. Wireless Telecommunication Facility - Minor: Any wireless communication facility that is either: a) operated exclusively as part of a public safety network, or b) specifically exempt from local regulation by state or federal law or rule (including, but not limited to, the telecommunications act of 1996 and 47 CFR section 1.4000). Examples include, but are not limited to, the following:
a. Amateur radio transmission facilities which comply with the standards of section 9-4D-15, "Wireless Telecommunication Facilities", of this chapter;
b. Satellite earth station (SES) antennas that are two meters (2 m) in diameter or less;
c. Parabolic antennas, direct broadcast satellite (DBS) antennas, and multipoint distribution service (MDS) antennas that are one meter (1 m) in diameter or less.
X. "X" Definitions: Reserved for future use.
Y. "Y" Definitions: Reserved for future use.
Z. "Z" Definitions: Reserved for future use.
(Ord. 2013-05, 2-6-2014; amd. Ord. 2024-07, 12-3-2024)
9-4B-1: PURPOSE:
The purpose of this article is to establish allowed land uses and requirements for planning entitlements for each of the city's base zoning districts. Allowed uses herein are consistent with and implement the city's general plan corresponding land use designations as shown in section 9-4B-2, table 9-4B-2, "Allowed Uses And Required Entitlements For Base Zoning Districts", of this article. (Ord. 2013-05, 2-6-2014)
9-4B-2: ALLOWED USES AND REQUIRED ENTITLEMENTS; BASE ZONING DISTRICTS:
A. Table 9-4B-2, “Allowed Uses And Required Entitlements For Base Zoning Districts”, of this section identifies allowed uses and corresponding requirements for land use permits and entitlements for all base zoning districts within the city of Lemoore. Definitions for the land uses listed herein (use classifications) are provided in section 9-4A-5, “Description Of Land Uses”, of this chapter. See additional use requirements in article D, “Special Use Standards”, of this chapter. Uses are organized into common categories as follows:
1. Residential uses;
2. Agricultural and animal related uses;
3. Recreation, resource preservation, open space, education, and public assembly uses;
4. Utility, transportation, public facility, and communication uses;
5. Retail, service, and office uses;
6. Automobile and vehicle uses; and
7. Industrial, manufacturing, and processing uses.
B. Zoning district names for the zoning district symbols used in the table are as follows:
1. Residential zoning districts:
a. AR = Agriculture and rural residential;
b. RVLD = Very low density residential;
c. RLD = Low density residential;
d. RN = Traditional neighborhood residential;
e. RLMD = Low-medium density residential;
f. RMD = Medium density residential;
g. RHD = High density residential.
2. Special purpose zoning districts:
a. W = Wetlands;
b. AG = Agricultural;
c. PR = Parks and recreation/ponding basin;
d. CF = Public services and community facilities.
3. Mixed use zoning districts:
a. DMX-1 = Downtown mixed use, core;
b. DMX-2 = Downtown mixed use, auto oriented;
c. DMX-3 = Downtown Mixed Use, Transitional;
d. MU = Mixed Use.
4. Office, Commercial, and Industrial Zoning Districts:
a. NC = Neighborhood Commercial;
b. RC = Regional Commercial;
c. PO = Professional Office;
d. ML = Light Industrial;
e. MH = Heavy Industrial.
C. Any land use shown with a “P” indicates that the land use is permitted by right; an “A” indicates that the land use is permitted in the designated zoning district upon issuance of an administrative use permit (pursuant to chapter 2, article B of this title); a “C” indicates that the land use is permitted in the designated zoning district upon issuance of a conditional use permit (pursuant to chapter 2, article B of this title); and an “N” indicates that the use is not allowed. Except as otherwise provided for in this title, uses not shown in the table are not permitted. (Ord. 2013-05, 2-6-2014)
P = Permitted by right
N = Not permitted
A = Administrative use permit required
C = Conditional use permit required
Land Use/ Zoning District | Residential Zoning Districts | Special Purpose Zoning Districts | Mixed Use Zoning Districts | Office, Commercial, And Industrial Zoning Districts | |||||||||||||||||
AR | RVL D | RLD | RN | RLM D | RM D | RHD | W | AG | PR | CF | DMX- 1 | DMX- 2 | DMX- 3 | MU | NC | RC | PO | ML | MH | ||
Land Use/ Zoning District | Residential Zoning Districts | Special Purpose Zoning Districts | Mixed Use Zoning Districts | Office, Commercial, And Industrial Zoning Districts | |||||||||||||||||
AR | RVL D | RLD | RN | RLM D | RM D | RHD | W | AG | PR | CF | DMX- 1 | DMX- 2 | DMX- 3 | MU | NC | RC | PO | ML | MH | ||
Residential uses: | |||||||||||||||||||||
Caretaker housing | C | P | P | P | P | P | P | C | N | C | C | P | P | P | P | C | C | P | P | P | |
Child daycare facility - family daycare home, large1 | N | A | A | A | A | A | A | N | N | N | N | A | A | A | A | N | N | N | N | N | |
Child daycare facility - family daycare home, small | N | P | P | P | P | P | P | N | N | N | N | P | P | P | P | N | N | N | N | N | |
Dwelling, multi-family | N | N | N | N | P | P | P | N | N | N | N | P2 | P | P | P | P27 | N | C | N | N | |
Dwelling, accessory unit3 | P | P | P | P | P | P | P | N | N | N | N | N | P | P | N | N | N | N | N | N | |
Dwelling, single-family | P | P | P | P | P | P | N | N | N | N | N | N | A | P | N | N | N | N | N | N | |
Dwelling, two-family | N | N | A | P | P | P | N | N | N | N | N | N | P | P | N | N | N | N | N | N | |
Dwelling, additional, meeting provisions of Government Code Section 66852.21 | P | P | P | P | P | N | N | N | N | N | N | N | N | P | N | N | N | N | N | N | |
Emergency shelter | N | N | N | N | N | N | N | N | N | N | P | N | N | N | N | N | N | N | C | N | |
Employee housing, large | P | C | N | N | N | N | N | N | P | N | N | N | N | N | N | N | N | N | N | N | |
Employee housing, small | P | P | P | P | P | P | N | N | P | N | N | N | P | P | N | N | N | N | N | N | |
Gated residential community | C | C | C | C | C | C | C | N | N | N | N | N | N | N | N | N | N | N | N | N | |
Group residential | N | N | N | N | N | P | P | N | N | N | C | P | P | P | P | N | N | N | N | N | |
Guesthouse | P | P | P | P | P | P | N | N | N | N | N | N | P | P | N | N | N | N | N | N | |
Live-work facility5 | N | N | N | N | N | N | A | N | N | N | N | A | A | A | A | A | N | N | N | N | |
Marijuana personal cultivation - personal recreational and medicinal use28 | P28 | P28 | P28 | P28 | P28 | P28 | P28 | N | N | N | N | N | N | N | N | N | N | N | N | N | |
Mobilehome park6 | N | C | C | C | C | A | A | N | N | N | N | N | N | N | N | N | N | N | N | N | |
Recreational vehicle park24 | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | N | C | N | |
Residential care facility25 | P | P | P | P | P | P | P | N | N | N | N | N | A | P | C | C | N | N | N | N | |
Residential care home | N | P | P | P | P | P | P | N | N | N | N | C | P | P | P | N | N | N | N | N | |
Single room occupancy (SRO) facility | N | N | N | N | N | N | P | N | N | N | N | C | C | C | N | N | N | N | N | N | |
Supportive housing | P | P | P | P | P | P | P | N | N | N | N | P | P | P | P | N | N | N | N | N | |
Transitional housing | P | P | P | P | P | P | P | N | N | N | N | P | P | P | P | N | N | N | N | N | |
Agricultural and animal related uses: | |||||||||||||||||||||
Agricultural tourism | P | N | N | N | N | N | N | N | N | N | P | N | C | C | N | N | N | N | P | P | |
Animal husbandry | C | N | N | N | N | N | N | N | P | N | N | N | N | N | N | N | N | N | C | C | |
Animal keeping | P | P | N | N | N | N | N | N | P | N | N | N | N | N | N | N | N | N | N | N | |
Animal sales and grooming | N | N | N | N | N | N | N | N | N | N | N | P | P | P | P | P | P | N | N | N | |
Crop production | P | C | A7 | N | N | N | N | N | P | N | N | N | N | N | N | N | N | N | A | A | |
Equestrian facility, commercial | P | N | N | N | N | N | N | N | N | P | N | N | N | N | N | N | N | N | N | N | |
Equestrian facility, hobby | C | P | N | N | N | N | N | N | N | C | C | N | N | N | N | N | N | N | N | N | |
Household pets: | |||||||||||||||||||||
4 or less | P | P | P | P | P | P | P | N | N | N | N | P | P | P | P | N | N | N | N | N | |
More than 4 | C | C | C | C | C | C | C | N | N | N | N | C | C | C | C | N | N | N | N | N | |
Kennel | P | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C8 | C8 | P | N | |
Veterinary facility | P | N | N | N | N | N | N | N | N | N | N | P | P | P | P | P | P | P | P | N | |
Recreation, resource preservation, open space, education, and public assembly uses: | |||||||||||||||||||||
Assembly uses | A | N | C | C | A | A | A | N | N | A | A | A | A | A | A | A | A | P | C | N | |
Cemetery/mausoleum | C | N | N | N | N | N | N | N | N | C | P | N | N | N | N | N | N | N | N | N | |
Community food bank | N | N | C26 | C26 | C26 | C26 | N | N | N | A | A | N | A | N | C | N | N | N | N | N | |
Community garden9 | A | A | A | A | A | A | A | N | N | A | A | A | A | A | N | N | N | A | N | N | |
Indoor amusement/entertainmen t facility10 | N | N | N | N | N | N | N | N | N | P | P | P | P | C | P | P | P | N | A | N | |
Indoor fitness and sports facility | N | N | N | N | N | N | N | N | N | P | P | P | P | C | P | P | P | C | A | N | |
Library/museum | N | N | N | N | N | N | N | N | N | P | P | P | P | P | C | N | C | P | C | N | |
Outdoor commercial barbeque | N | N | N | N | N | N | N | N | N | A | A | A | A | N | A | A | A | N | N | N | |
Outdoor commercial recreation | N | N | N | N | N | N | N | N | N | P | P | P11 | P11 | P11 | P11 | N | N | N | C | N | |
Park/public plaza | N | P | P | P | P | P | P | N | N | P | P | P | P | P | P | P | P | P | P | P | |
Resource protection and restoration | P | N | N | N | N | N | N | P | N | P | P | N | N | N | N | N | N | N | N | N | |
Resource related recreation | P | N | N | N | N | N | N | P | N | P | P | N | N | N | N | N | N | N | N | N | |
School, academic - private and charter | N | N | C | C | C | C | C | N | N | N | P | N | N | N | C | N | N | N | C | N | |
School, academic - public | P | P | P | P | P | P | P | P | N | P | P | P | P | P | P | P | P | P | P | P | |
School, colleges and universities - private | N | N | N | N | N | N | N | N | N | N | P | C11 | C11 | N | C | N | N | P | C | N | |
School, colleges and universities - public | P | P | P | P | P | P | P | P | N | P | P | P | P | P | P | P | P | P | P | P | |
School, equipment/machinery/ vehicle training | N | N | N | N | N | N | N | N | N | N | P | N | N | N | N | N | N | N | P | C | |
School, specialized education and training/studio | N | N | N | N | N | N | N | N | N | N | N | P | P | C | P | P | P | P | C | N | |
Theater/auditorium | N | N | N | N | N | N | N | N | N | P | P | P | C | C | P | P | P | N | N | N | |
Utility, transportation, public facility, and communication uses: | |||||||||||||||||||||
Airport | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | |
Ambulance service | N | N | C | N | N | N | N | N | N | N | N | N | N | N | N | N | P | P | P | N | |
Broadcasting and recording studio | N | N | N | N | N | N | N | N | N | N | N | P11 | P11 | C11 | C | C | P | P | P | N | |
Bus and transit shelter | P | P | P | P | P | P | P | P | N | P | P | P | P | P | P | P | P | P | P | P | |
Fuel storage and distribution | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | C | |
Heliport | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | C | C | C | |
Park and ride facility | N | N | N | N | N | N | N | N | N | P | P | P | P | N | P | P | P | P | P | P | |
Parking facility | N | N | N | N | N | N | N | N | N | N | N | P | P | C | P | P | P | P | P | P | |
Public safety facility | P | P | P | P | P | P | P | P | N | P | P | P | P | P | P | P | P | P | P | P | |
Solar power station | C | N | N | N | N | N | N | N | N | N | C | N | N | N | N | N | N | N | C | C | |
Transit facility | N | N | N | N | N | N | N | N | N | N | P | N | N | N | N | N | N | N | P | P | |
Transit station/terminal | N | N | N | N | N | N | N | N | N | N | P | P | N | N | P | P | P | C | P | P | |
Truck stop/travel center | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | N | C | C | |
Utility facility and infrastructure | P | P | P | P | P | P | P | P | N | P | P | N | N | N | P | P | P | P | P | P | |
Wireless telecommunication facility: | |||||||||||||||||||||
Major12 | N | N | N | N | N | N | N | N | N | C13 | C13 | C13 | C13 | N | C13 | C13 | C13 | N | C13 | C13 | |
Minor12 | P | P | P | P | P | P | P | P | N | P | P | P | P | P | P | P | P | P | P | P | |
Retail, service, and office uses: | |||||||||||||||||||||
Adult day healthcare center | N | N | N | N | N | N | C | N | N | N | N | N | C | C | C | C | C | P | N | N | |
Alcoholic beverage sales, off site14 | N | N | N | N | N | N | N | N | N | N | N | C | C | C | C | C | C | C | C | N | |
Alcoholic beverage sales, on site14 | See “bar/nightclub” and “restaurant” | ||||||||||||||||||||
Art, antique, collectible | N | N | N | N | N | N | N | N | N | N | N | P15 | P15 | P15 | P | P | P | N | N | N | |
Artisan shop | N | N | N | N | N | N | N | N | N | N | N | P15 | P15 | P15 | P | P | P | N | N | N | |
Banks and financial services | N | N | N | N | N | N | N | N | N | N | N | P15 | P15 | P15 | P | P | P | P | C | N | |
Bar/nightclub14 | N | N | N | N | N | N | N | N | N | N | N | C | C | N | C | C | C | N | N | N | |
Bed and breakfast inn | N | N | N | N | N | N | N | N | N | N | N | N | P | P | P | C | N | N | N | N | |
Building materials store/yard | N | N | N | N | N | N | N | N | N | N | N | P11,15 | P | N | P | P | P | N | P | N | |
Business support services | N | N | N | N | N | N | N | N | N | N | N | P15 | P15 | C | P | P | P | P | N | N | |
Call center | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | P | C | N | |
Cannabis commercial cultivation28 | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C28 | N | N | P28 | N | |
Cannabis commercial dispensary28 | N | N | N | N | N | N | N | N | N | N | N | P28 | P28 | N | P28 | P28 | P28 | N | P28 | N | |
Cannabis commercial manufacturing, distribution, and/or testing28 | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | P28 | N | |
Card room | N | N | N | N | N | N | N | N | N | N | N | C15 | C15 | N | N | N | C | N | N | N | |
Check cashing business | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | C | N | N | N | |
Child daycare facility - child daycare center25 | N | N | N | C | C | A | A | N | N | N | N | C | N | P | P | P | P | P | N | N | |
Consignment store | N | N | N | N | N | N | N | N | N | N | N | P15 | C15 | N | P | P | P | P | N | N | |
Convenience store | N | N | N | N | N | N | N | N | N | N | N | P15 | P15 | C15 | P | P | P | P | C | N | |
Crematory | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | N | C | P | |
Drive-in and drive-through sales and service16 | N | N | N | N | N | N | N | N | N | N | N | N | N | N | A | A | A | C | A | N | |
Equipment sales and rental | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | N | C | N | P | P | |
Garden center/plant nursery | N | N | N | N | N | N | N | N | N | N | N | P15 | P15 | N | A | P | P | N | A | N | |
Grocery store/supermarket | N | N | N | N | N | N | N | N | N | N | N | N | N | N | P | P | P | N | N | N | |
Hookah parlor | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | |
Hotel and motel | N | N | N | N | N | N | N | N | N | N | N | P | N | N | P | P | P | P | P | N | |
Maintenance and repair of small equipment | N | N | N | N | N | N | N | N | N | N | N | P15 | P15 | C15 | C | P | P | P | P | P | |
Massage therapy17 | N | N | N | N | N | N | N | N | N | N | N | A | N | N | A | A | A | N | N | N | |
Medical services, extended care | N | N | N | N | N | N | N | N | N | N | N | C | C | C | P | P | P | P | N | N | |
Medical services, general | N | N | N | N | N | N | N | N | N | N | N | P | P | P | P | P | P | P | N | N | |
Medical services, hospital25 | N | N | C | C | C | C | C | N | N | N | N | N | N | N | C | C | P | P | C | N | |
Mortuary/funeral home | N | N | N | N | N | N | N | N | N | N | N | C | C | C | C | P | P | P | N | N | |
Neighborhood market | N | N | N | N | N | N | N | N | N | N | N | A | A | N | P | P | P | N | N | N | |
Office, accessory | N | N | N | N | N | N | N | N | N | P | P | P | P | P | P | P | P | P | P | P | |
Office, business and professional | N | N | N | N | N | N | N | N | N | N | N | P | P | P | P | A | A | P | N | N | |
Pawnshop | N | N | N | N | N | N | N | N | N | N | N | C | C | N | N | P | P | N | N | N | |
Personal services | N | N | N | N | N | N | N | N | N | N | N | P | P | P | P | P | P | P | N | N | |
Restaurant | N | N | N | N | N | N | N | N | N | N | N | P | P | P | P | P | P | P | P | N | |
Retail, accessory | N | N | N | N | N | N | N | N | N | N | N | P | P | P | P | P | P | P | P | P | |
Retail, general | N | N | N | N | N | N | N | N | N | N | N | P11,15 | P11,15 | P11,15 | P18 | P18 | P | N | N | N | |
Retail, warehouse club | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | N | P | N | N | N | |
Semipermanent mobile food vehicle19 | N | N | N | N | N | N | N | N | N | N | N | N | N | N | A | A | A | N | A | N | |
Sexually oriented business20 | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | C | |
Short-term rental unit | P | P | P | P | P | P | P | N | N | N | N | C | P | P | C | C | C | C | N | N | |
Smoke shop | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | C | P | N | N | N | |
Tattoo parlor | N | N | N | N | N | N | N | N | N | N | N | P29 | P29 | N | P29 | P29 | P29 | P29 | N | N | |
Thrift store21 | N | N | N | N | N | N | N | N | N | N | N | C | C | N | A | A | A | N | N | N | |
Automobile and vehicle uses: | |||||||||||||||||||||
Auto and light vehicle sales | N | N | N | N | N | N | N | N | N | N | N | C | C | N | C | N | P | N | P | N | |
Auto and vehicle rental | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | C | C | C | P | P | |
Auto and vehicle sales, wholesale | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | P | P | |
Auto and vehicle storage | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | P | P | |
Auto parts sales | N | N | N | N | N | N | N | N | N | N | N | N | P11,15 | N | P | P | P | P | P | P | |
Auto vehicle dismantling | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | P | |
Car washing and detailing | N | N | N | N | N | N | N | N | N | N | N | N | P | N | C | C | P | N | P | P | |
Fueling station22 | N | N | N | N | N | N | N | N | N | N | N | N | C | N | C | C | C | C | C | C | |
Heavy vehicle sales | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | N | P | N | P | N | |
Vehicle services - major | N | N | N | N | N | N | N | N | N | N | N | N | C | N | C | N | N | N | P | P | |
Vehicle services - minor | N | N | N | N | N | N | N | N | N | N | N | N | C23 | N | C23 | C23 | C23 | N | P | C23 | |
Industrial, manufacturing, and processing uses: | |||||||||||||||||||||
Agricultural products processing | C | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | P | P | |
Freight yard/truck terminal | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | P | P | |
Manufacturing, major | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | P | |
Manufacturing, minor | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | P | P | |
Manufacturing, small scale | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | N | N | P23 | P | P | |
Printing and publishing | N | N | N | N | N | N | N | N | N | N | N | N | C11 | N | C | P | P | P | P | P | |
Recycling facility - collection | N | N | N | N | N | N | N | N | N | N | N | N | C | N | A | A | A | N | P | P | |
Recycling facility - processing | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | P | |
Recycling facility - scrap and dismantling | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | P | |
Research and development | N | N | N | N | N | N | N | N | N | N | N | N | N | N | C | N | N | P23 | P | P | |
Storage, personal storage facility | N | N | C30 | N | C30 | C30 | N | N | N | N | N | N | N | N | N | N | N | N | P30 | P30
| |
Storage, warehouse | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | P | P | |
Storage, yard | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | P | P | |
Wholesaling and distribution | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | N | P | P | |
Temporary uses | See article C, “Temporary Uses”, of this chapter | ||||||||||||||||||||
Nonconforming uses | See chapter 2, article C, “Nonconforming Uses, Structures, And Properties”, of this title | ||||||||||||||||||||
Notes:
1. See additional regulations for large family daycare homes in section 9-4D-7 of this chapter.
2. Only permitted on the first floor when located along an alley or side street; otherwise must be on an upper floor.
3. See additional regulations for accessory dwelling units in section 9-4D-12 of this chapter.
4. Reserved.
5. See additional regulations for live-work facilities in section 9-4D-8 of this chapter.
6. See additional regulations for mobilehome parks in section 9-4D-10 of this chapter.
7. Minimum lot size shall be 20,000 square feet.
8. All activities and storage shall be located within an enclosed structure(s).
9. See additional regulations for community gardens in section 9-4D-3 of this chapter.
10. See special permit requirements in title 3, chapter 4, article C of the Municipal Code.
11. Maximum tenant space shall be 10,000 square feet.
12. See additional regulations for wireless telecommunication facilities in section 9-4D-15 of this chapter.
13. Facilities less than 75 feet tall are permitted by right, except that site plan and architectural review is still required. Otherwise, a conditional use permit is required in addition to site plan and architectural review.
14. See additional regulations for alcoholic beverage sales in section 9-4D-2 of this chapter.
15. Use is permitted by right when located on the ground floor. Otherwise, a conditional use permit is required.
16. See additional regulations for drive-in and drive-through facilities in section 9-4D-4 of this chapter.
17. See additional regulations for massage therapy in section 9-4D-9 of this chapter. Additionally, see additional permit requirements in title 4, chapter 7 of the Municipal Code.
18. Maximum tenant space shall be 30,000 square feet; however, store size may be larger upon approval of an administrative use permit.
19. See additional regulations for semipermanent mobile food vendors in section 9-4D-13 of this chapter.
20. See additional regulations for sexually oriented businesses in section 9-4D-14 of this chapter.
21. See additional regulations for thrift stores in section 9-4D-16 of this chapter.
22. See additional regulations for fueling stations in section 9-4D-6 of this chapter.
23. Use is permitted by right when located more than 500 feet from a residential use or district.
24. See additional regulations for recreational vehicle parks in section 9-4D-11 of this chapter.
25. This “sensitive receptor” use shall not be located within:
a. 500 feet of a freeway, urban roads carrying 100,000 vehicles per day, or rural roads carrying 50,000 vehicles per day.
b. 1,000 feet of a distribution center (that accommodates more than 100 trucks a day, more than 40 trucks with operating transport refrigeration units [TRUs] a day, or where TRU operation exceeds 300 hours per week).
c. 300 feet of any dry cleaning operation that uses toxic chemicals. For operations with 2 or more machines, a minimum 500 feet shall be provided. For operations with 3 or more machines, a larger distance may be required based upon consultation with the Kings County Air District.
d. 300 feet of a “large gas station”, defined as a facility with a throughput of 3.6 million gallons or more per year.
26. If developed incidental to an existing charitable operation, this use is allowed subject to approval of an administrative use permit.
27. Permitted on second floors above retail and neighborhood serving office when ancillary in size and does not interfere with primary retail use.
28. Use is permitted as allowed by State law and as authorized in title 4, chapter 8 of the Municipal Code.
29. See additional regulations for tattoo parlors in section 9-4D-21 of this chapter.
30. See additional regulations for personal storage facilities in section 9-4D-22 of this chapter.
(Ord. 2019-03, 7-2-2019; amd. Ord. 2023-10, 9-19-2023; Ord. 2024-01, 6-18-2024)
9-4C-1: PURPOSE:
The purpose of this article is to establish development standards for temporary activities, such as special events and uses, to ensure the overall health, safety, and general welfare of the community is maintained. (Ord. 2016-04, 4-19-2016)
9-4C-2: PERMIT REQUIREMENTS AND EXEMPTIONS:
Uses of property (including land, buildings, and structures) and activities that are temporary in nature shall comply with the permit requirements described below. The process for application for and review and issuance of a temporary use permit shall be as described in section 9-2B-4, "Temporary Use Permit", of this title.
A. Temporary Uses Exempt From Permit Requirements: The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform to the listed development standards. Uses that fall outside of the categories defined shall be required to obtain a temporary use permit.
1. Car washes of a temporary nature (e.g., school fundraisers).
2. Construction yards, storage sheds, and construction offices (on site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project.
3. Emergency public health and safety facilities established by a public agency.
4. Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility.
5. Entertainment and assembly events as part of an allowed permanent use (e.g., race at a raceway).
6. Events held exclusively in City parks or City buildings.
7. Events held exclusively on school grounds and that are in conjunction with the school use.
8. Events held exclusively on church grounds and that are in conjunction with the church use.
9. Garage and yard sales held on private property and when occurring no more than three (3) consecutive days two (2) times per calendar year.
10. Outdoor promotional events and seasonal sales related to an existing business with temporary outdoor display and sales of merchandise and seasonal sales in conjunction with an established commercial business that holds a valid business license and is in compliance with the development standards of this title.
11. Seasonal sales involving fireworks, as these uses are permitted through existing State processes and City business license.
12. Storage containers not in conjunction with an approved construction project when:
a. Located on residential property for periods less than seventy two (72) hours, or
b. Located on nonresidential property for periods of no more than forty five (45) days. (Ord. 2017-08, 6-20-2017)
B. Temporary Use Permit Required: The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior to the commencement of the activity or use. Activities or uses that do not fall within the categories defined below, and are not otherwise exempted in subsection A of this section, shall comply with the use and development regulations and permit requirements that otherwise apply to the property.
1. Construction yards, storage sheds, and construction offices (off site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project.
2. Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and when not otherwise part of or consistent with a permitted use (e.g., race at a raceway).
3. Extension of nonconforming period as provided in subsection 9-2C-6C, "Extension Of Nonconforming Period", of this title.
4. Farmers' markets, as defined in this chapter.
5. Interim agricultural uses, as defined in this chapter.
6. Temporary sales, including swap meets, flea markets, rummage sales, and similar events. Temporary sales also includes temporary outdoor sales not in conjunction with an established commercial business on the site.
7. Seasonal sales as defined in this chapter (e.g., Halloween, Christmas), including temporary residence/security trailers, except when related to an existing business (see subsection A10 of this section).
8. Temporary sales offices as defined in this chapter.
9. Temporary land uses on unimproved or partially improved sites in a zoning district that allows that land use on a permanent basis.
10. Temporary community food banks.
11. Other temporary activities that the city determines are similar in nature and intensity to those identified above. (Ord. 2016-04, 4-19-2016)
9-4C-3: GENERAL DEVELOPMENT STANDARDS FOR TEMPORARY USES:
Standards for height, off street parking spaces, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. The planning director may waive requirements for long term improvements that exceed the duration of the temporary use, including, but not limited to, landscaping and paving of parking lots. (Ord. 2016-04, 4-19-2016)
9-4C-4: STANDARDS FOR SPECIFIC TEMPORARY USES:
The following standards shall apply to the specific temporary uses described below:
A. Construction Yard/Storage Shed And Temporary Construction Office: Any temporary use permit for a construction yard, storage shed, or temporary construction office shall expire upon completion of the construction project, or the expiration of the accompanying building permit or improvement permit authorizing construction, whichever occurs first.
B. Entertainment And Assembly Events: Entertainment and assembly events when not part of or consistent with a permitted use shall not be permitted for periods of longer than seven (7) consecutive days.
C. Extension Of Nonconforming Period: As provided in subsection 9-2C-6C, "Extension Of Nonconforming Period", of this title, the twelve (12) month nonconforming period for nonconforming uses provided in chapter 2, article C, "Nonconforming Uses, Structures, And Properties", of this title, may be extended upon issuance of a temporary use permit. All approved extensions shall comply with the following standards:
1. Public Improvements: The city may, as part of the approval of the extension of the nonconforming use period, require the completion of improvements to the adjacent public right of way consistent with the requirements of this title.
2. Time Period: The designated approving authority shall establish a maximum time period for the extension of the legal nonconforming use status. In no event shall the extension be longer than twenty four (24) months.
D. Farmers' Market: Farmers' markets shall not be held for more than two (2) consecutive days per week at the same location.
E. Garage/Yard Sale: Garage sales, yard sales, and similar activities shall not occur more than two (2) times per year, with no sale exceeding three (3) consecutive days.
F. Interim Agricultural Use: Interim agricultural uses, as defined in this chapter and of a commercial operation (e.g., using mechanized commercial equipment) shall only be allowed on vacant property a minimum of one thousand feet (1,000') from an existing residential use. No buildings or structures, other than wells, structures for conservation and drainage protection, and unpaved roads shall be permitted. Operation may include the use of commercial agricultural equipment. Access to the use shall be reviewed and approved by the public works director prior to issuance of the temporary use permit.
G. Seasonal Sale: Seasonal sales shall only be allowed on nonresidential property. The maximum period for seasonal sales shall be forty five (45) days per sale. No more than two (2) such activities shall be allowed for a property within a twelve (12) month period.
H. Swap Meet: Swap meets, flea markets, rummage sales, and similar activities shall only be allowed on nonresidential property or on vacant residentially zoned property that is a minimum of one thousand feet (1,000') from an existing residential use. The maximum period shall be for two (2) consecutive days per activity. No more than four (4) such activities shall be allowed for a property within a twelve (12) month period.
I. Temporary Sales Office: Temporary sales offices shall be solely for the sale of homes in the project within which they are located and may be kept until the project is sold out. (Ord. 2016-04, 4-19-2016)
9-4C-5: TEMPORARY IMPROVEMENTS TO PROPERTY:
A. Temporary Improvements Allowed: The city may, on a case by case basis, allow for the improvement to property at a level less than what is required by this title to support operations of the property on a limited term basis yet still ensure public health, safety, and general welfare. This allowance shall not be used to circumvent or deviate from the requirements for public improvements required at the time of subdivision of property as required by the subdivision map act and title 8, chapter 7, "Land Division", of the municipal code.
B. Permit Process And Requirements: Such approval shall be conducted through the temporary use permit process and the permit shall clearly identify what improvements are to be completed and what requirements are being set aside for a limited period of time, as well as the time period for which the permit is valid. The city shall only approve the permit if the improvements to be completed are those minimally necessary to ensure public health, safety, and welfare.
C. Requirements At Conclusion Of Temporary Period: At the conclusion of the period authorized by the permit, either the property shall be brought into compliance with the requirements of this title or use of the property shall cease. (Ord. 2016-04, 4-19-2016)
9-4D-1: PURPOSE:
A. The purpose of this article is to establish site planning, development, and/or operating standards for certain land uses. It is the City's intent in establishing these standards to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by applying special design requirements, regulating activities within the use, and establishing special setback and other development standards.
B. The regulations and standards contained within this article shall apply only to those uses specifically listed in the corresponding section and shall be in addition to any other development standards and regulations contained elsewhere within this title (e.g., lighting, landscaping, parking, signage). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with, the permit requirements of article B, "Allowed Uses And Required Entitlements", of this chapter. Where the special standards in this article conflict with the standards of the underlying base zoning district, the special standards in this article shall prevail. (Ord. 2013-05, 2-6-2014)
9-4D-2: ALCOHOLIC BEVERAGE SALES:
A. Purpose And Applicability: The purpose of these regulations is to regulate the location of commercial retail sales of alcoholic beverages for specific types of on site and off site consumption through the application of development standards to minimize the potential public health and safety effects on the community. These standards shall apply to the sale of alcoholic beverages for on site consumption when not associated with eating places (e.g., restaurants) and for off site consumption.
B. Allowed Use Regulations: The sale of alcoholic beverages for both on site and off site consumption shall only be permitted in compliance with the allowed use and permit requirements listed in article B, "Allowed Uses And Required Entitlements", of this chapter.
C. Special Application Materials: In addition to completing a permit application for a conditional use permit as required by this title, an application for a use permit for on site and off site sales of alcoholic beverage as regulated by this section shall also include the following information:
1. The distance to the nearest park;
2. The distance to the nearest school;
3. The distance to the nearest church; and
4. A listing of all existing sales of alcoholic beverages within one (1) mile of the proposed location.
D. Development Standards: Unless otherwise allowed through subsection E of this section, all sales of alcoholic beverages for on site or off site consumption as regulated by this section shall comply with the following development standards:
1. No establishment shall be within five hundred feet (500') of a church, school, or park;
2. There shall be no more than one establishment within any single shopping center;
3. No more than two (2) off site sales establishments shall be located within five hundred feet (500') of a major roadway intersection.
E. Deviations From Development Standards: Establishments selling alcoholic beverages for on site or off site consumption as regulated by this section may be allowed to deviate from the development standards listed in subsection D, "Development Standards", of this section if the approving authority makes all of the following findings:
1. The location of the use will not result in adverse impacts on park facilities, school facilities, existing religious land uses, and/or existing residential land uses.
2. The traffic increases associated with the use will not result in potential hazards to existing pedestrian and/or vehicular traffic.
3. The development conforms to all applicable provisions of this Zoning Code. (Ord. 2013-05, 2-6-2014)
9-4D-3: COMMUNITY GARDEN:
A. Purpose: The purpose of these regulations is to ensure that community gardens are operated and maintained in a manner compatible with surrounding (primarily residential) development. (Ord. 2013-05, 2-6-2014)
B. Development Standards: Community gardens shall comply with all of the following development standards:
1. Use: Community gardens are limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity. Medicinal and commercial cannabis operations are prohibited in community gardens. (Ord. 2019-03, 7-2-2019)
2. Animal Keeping: The keeping of livestock and animals is prohibited.
3. Setbacks: Accessory buildings and structures shall comply with the accessory structure setback requirements listed in section 9-4D-18, "Residential Accessory Structures", of this article. Crop areas must be set back at least three feet (3') from all property lines.
4. Height: Garden and farm related buildings and structures may not exceed twenty feet (20') in height.
5. Fencing: Fencing shall be provided around the site consistent with the standards of section 9-5B-5, "Fences And Walls", of this title.
6. Use Of Chemicals: The use of commercial grade pesticides as part of a community garden is prohibited.
7. Harvest Sales: A maximum of four (4) harvest sales shall be allowed annually from the garden site. (Ord. 2013-05, 2-6-2014)
9-4D-4: DRIVE-IN AND DRIVE-THROUGH FACILITIES:
A. Purpose: The purpose of this section is to regulate drive- through windows and remote tellers with development standards that address the mitigation of traffic, congestion, excessive pavement, pedestrian connections, litter, and noise.
B. Applicability: Development standards herein shall apply to all new facilities with drive-in and drive-through sales and services and will be reviewed in conjunction with the required conditional use permit and/or site plan and architectural review application.
C. Development And Design Standards: The following standards shall be the minimum requirements for all drive-in and drive- through facilities. Deviations to these provisions may be considered through the issuance of a site plan and architectural review permit.
1. Aisles: The minimum standards for drive-through aisles are as follows:
a. Width: Aisles shall have a twelve foot (12') minimum width on curves and an eleven foot (11') minimum width on straight sections.
b. Reservoir Space: Aisles shall provide at least one hundred eighty feet (180') of reservoir space for each facility, as measured from the service window to the entry point into the drive-up lane. Nonfood and/or nonbeverage businesses may reduce the stacking space to a minimum of sixty feet (60'). Exceptions may be granted by the designated approving authority when an applicant demonstrates that the required reservoir space is unnecessary.
c. Entrances And Exits: Aisle entrances and exits shall be at least one hundred fifty feet (150') from an intersection of public rights of way, measured at the closest intersecting curbs, and at least fifty feet (50') from the curb cut on an adjacent property. Exceptions may be granted by the designated approving authority when aisle pullout spaces are provided.
d. Separation: Aisles shall be separated from the site's ingress and egress routes or access to a parking space.
e. Passing Lane: Where two (2) drive-through service windows are provided, the aisle shall be designed with a passing lane to allow customers that complete their transaction at the first window to pass customers that are waiting at the second window.
2. Pedestrian Access And Crossings: Pedestrian access shall be provided from each abutting street to the primary entrance with a continuous, minimum four foot (4') wide sidewalk or delineated walkway. Generally, pedestrian walkways should not intersect the drive-through aisles, but where they do the walkways shall have clear visibility and shall be delineated by textured and colored paving and shall be clearly signed to alert vehicles in the drive-through aisles.
3. Parking: The placement of drive-up windows, remote tellers, and drive-through aisles shall not be considered as justification for reducing the number of parking spaces that are otherwise required.
4. Noise: Drive-up windows and their order stations shall be located such that impacts to sensitive receptors (neighbors) are minimized.
5. Drive-Through Service Windows: Drive-through windows shall be visible from a public way to ensure that all activity can be viewed from an adjacent street.
DRIVE-THROUGH FACILITIES
(Ord. 2013-05, 2-6-2014)
9-4D-5: HOME OCCUPATIONS:
A. Purpose And Applicability: The regulations contained in this section shall apply to home occupations to ensure the compatibility of the home occupations with the principal residential uses in order to protect the integrity and character of neighborhoods.
B. Approval Process: Prior to the establishment of a home occupation, the proprietor of a home occupation shall first obtain a home occupation permit and a business license from the city. The procedures for submittal, review, and approval of the home occupation permit shall be as described in chapter 2, article B, "Planning Permits And Entitlements", of this title. No business license shall be issued until a home occupation permit is first issued. Business licenses shall be reviewed and issued consistent with the provisions of title 3, "Business, License And Permit Regulations", of the municipal code.
C. Categories Of Home Occupations: As described in chapter 2, article B, "Planning Permits And Entitlements", of this title, there are two (2) types of home occupations permits - major and minor. Major permits are discretionary in nature and are reserved for those activities that may generate vehicular and pedestrian traffic and that may adversely impact residential neighborhoods. Minor permits are ministerial and are for those activities that have little or no impact on the neighborhood. Examples of each kind of activity are described below. The planning director shall have the authority to determine if a proposed activity is a major or minor activity, or is an activity prohibited as a home occupation.
1. Minor Home Occupation: Minor home occupations are home occupations that do not generate higher levels of traffic than that customarily found in a residential neighborhood, do not have customers visiting the home, and which do not have a noticeable appearance. Examples include, but are not limited to, the following types of occupations:
a. Art and craft work such as ceramics, flower arranging, jewelry making, painting, sculpting, and photography;
b. Electronic and other by mail commerce involving the storage and shipping of goods and products from the home; and
c. Office uses such as an office for a tax preparer, contractor, architect, attorney, consultant, counselor, engineer, insurance agent, planner, tutor, data and/or word processing, and real estate agent where no customers come to the home.
d. Cottage food operations that are established per California Government Code section 51035.
2. Major Home Occupation: Major home occupations are more intensive operations that may have a noticeable impact on surrounding residential land uses as a result of increased traffic (vehicular and pedestrian), that may have up to five (5) customers come to the home per day, and that send or receive goods beyond those customary for a residential neighborhood. Examples include, but are not limited to, the following types of occupations:
a. Furniture stripping and refurbishing;
b. Mobile clinics; and
c. Office uses such as an office for a contractor, architect, attorney, consultant, counselor, engineer, insurance agent, planner, tutor, data and/or word processing, and real estate agent where fewer than five (5) customers come to the home per day.
D. Activities Prohibited As Home Occupations: The following activities are specifically prohibited as home occupations:
1. Ambulance service;
2. Ammunition reloading, including custom reloading;
3. Boarding house, bed and breakfast, hotel, timeshare condominium;
4. Carpentry, cabinetmakers;
5. Ceramics (kiln of 6 cubic feet or more);
6. Firearms repair or sales;
7. Health salons, gyms, dance studios, aerobic exercise studios;
8. Massage therapy;
9. Medical, dental, chiropractic, or veterinary clinics (including boarding);
10. Mortician, hearse service;
11. Palm reading and fortune telling;
12. Private clubs;
13. Repair or reconditioning of boats or recreation vehicles;
14. Restaurants or taverns;
15. Retail sales from site (except direct distribution of artist's originals, food prepared at a cottage food operation, and electronic and mail order commerce);
16. Storage, repair, or reconditioning of major household appliances;
17. Storage, repair, or reconditioning of motorized vehicles or large equipment on site other than personal use;
18. Tattoo service;
19. Tow truck service; and
20. Welding service.
E. Performance Standards: The following standards shall apply to all minor home occupation permit applications. The standards may be modified by the approving authority for major home occupations.
1. Number Of Home Occupations: There is no limit on the number of home occupations at a residence provided that the performance standards identified in this section are met.
2. Employees: Off site employees or partners are not permitted. Only occupants of the home may work on site.
3. Habitable Floor Area: The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes. Not more than one hundred fifty (150) square feet or fifteen percent (15%) of the floor area of the dwelling, whichever is less, shall be used in the home occupation.
4. Off Site Effects: There shall be no mechanical equipment or operation used which creates or makes dust, odor, vibration, or other effects detectable at the property line. No process shall be used which is hazardous to public health, safety, morals, or welfare.
5. Sales:
a. On Site Sales: There shall be no products sold on the premises except artist's originals or products individually made to order on the premises.
b. Off Site Sales: Off site sales, including electronic and mail order commerce, shall be permitted.
6. Display: There shall be no display of products produced by occupants of the dwelling which are visible in any manner from the outside of the dwelling unit.
7. Traffic: The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district nor in any case require the parking of more than two (2) additional vehicles at any one time.
8. Vehicles: One truck or van, not more than three-quarters (3/4) ton capacity, may be kept on or adjacent to the premises associated with the home occupation. No campers or semitrailers incidental to the home occupation shall be kept on the premises.
9. Storage: There shall be no storage of material or supplies out of doors.
10. Exterior Appearance: There shall be no remodeling or construction of facilities especially for the home occupation which changes the external appearance of the neighborhood from a residential to a more commercial look when viewed from the front of the building.
11. Signs: Signs shall be allowed for the home occupation in accordance with chapter 5, article F, "Signage", of this title. (Ord. 2013-05, 2-6-2014)
12. Visitors And Customers: For minor home occupation permits, no visitors or customers shall be allowed. For major home occupation permits, visitors and customers shall not exceed those normally and reasonably occurring for a residence, including not more than five (5) a day, during the hours of eight o'clock (8:00) A.M. in the morning to seven o'clock (7:00) P.M. in the evening. (Ord. 2014-06, 10-21-2014)
13. Deliveries: Deliveries shall not exceed those normally and reasonably occurring for a residence. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles except for FedEx, UPS, or USPS type home pick ups and deliveries.
14. Hazardous Materials: Storage of hazardous materials is limited to below those thresholds as established by the fire department to not require any special permits or licenses.
15. Cottage Food Operation: Notwithstanding the foregoing standards, a cottage food operation may have one employee who does not live at the site, and may sell goods at the site.
F. Failure To Comply: Failure to comply with these standards may result in revocation of the home occupation permit and/or business license. (Ord. 2013-05, 2-6-2014)
9-4D-6: FUELING STATIONS:
A. Purpose And Intent: The purpose of this section is to establish requirements for the location and construction of new fueling stations. The intent of these provisions is to ensure that new fueling stations are compatible with surrounding uses and activities by mitigating associated problems with traffic, congestion, excessive pavement and lighting, litter, and hazardous materials.
B. Applicability: The regulations contained in this section shall apply to fueling stations as defined in section 9-4A-5, "Description Of Land Uses", of this chapter. The establishment of new fueling stations shall be consistent with the allowed use provisions of article B, "Allowed Uses And Required Entitlements", of this chapter and the standards contained within this section, as well as other development standards as required by this code.
C. Development And Design Standards: The following special standards apply to all new fueling stations and qualifying expansions/improvements to existing fueling stations:
1. Access Driveways: Driveways shall be no closer than one hundred fifty feet (150') from the nearest intersecting point of street right of way lines, or as otherwise determined by the public works director for traffic safety.
2. Structure Height: Structures shall observe the height limits of the underlying zoning district, except that canopies constructed over pump islands located outside the buildable area of the lot shall not exceed a maximum height of seventeen feet (17'). Deviations from these standards may be allowed in conjunction with site plan and architectural review. (Ord. 2013-05, 2-6-2014)
9-4D-7: LARGE FAMILY DAYCARE HOMES:
The regulations contained in this section shall apply to large family daycare homes as defined in article A, "Use Classification System", of this chapter. The establishment of new large family daycare homes shall be consistent with the allowed use provisions of article B, "Allowed Uses And Required Entitlements", of this chapter and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply.
A. Location: A large family daycare home facility shall not be located within one thousand feet (1,000') of an existing like facility.
B. Loading And Unloading Area: A safe off street area, a minimum of ten feet wide and twenty feet long (10' x 20'), shall be provided on the subject property for loading and unloading children from vehicles.
C. Hours Of Operation: The daycare home operation shall be restricted to the period of six o'clock (6:00) A.M. to seven o'clock (7:00) P.M.
D. Sound Levels: The applicant shall be responsible for maintaining low sound levels on the property. The exterior noise level produced by the operation, measured at the property line, shall not exceed sixty (60) dBA.
E. Parking: At least one off street parking space for employee(s) shall be provided in addition to the two (2) parking spaces required for the dwelling residents, if the employee is not a resident of the subject dwelling.
F. Occupancy Required: The proprietor of the daycare home shall be a resident of the home. (Ord. 2013-05, 2-6-2014)
9-4D-8: LIVE-WORK FACILITIES:
A. Purpose And Applicability: The regulations contained in this section shall apply to live-work facilities as defined in article A, "Use Classification System", of this chapter. The establishment of new live-work facilities shall be consistent with the allowed use provisions of article B, "Allowed Uses And Required Entitlements", of this chapter and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply.
B. Limitations On Use: The nonresidential component of a live- work facility shall be a use allowed within the applicable zoning district; however, the uses and activities described below shall be prohibited:
1. Any automobile and vehicle uses as listed in article B, "Allowed Uses And Required Entitlements", of this chapter.
2. Any industrial, manufacturing, and processing uses as listed in article B, "Allowed Uses And Required Entitlements", of this chapter.
3. Any activity which involves:
a. Storage of flammable liquids or hazardous materials beyond those normally associated with a residential use; or
b. Welding, machining, or any open flame work.
4. Any other activity or use, as determined by the city as incompatible with residential activities or have the possibility of affecting the health or safety of live-work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or that would be hazardous because of materials, processes, products, or wastes.
C. Density: Live-work units shall comply with the density regulations of the applicable zoning district.
D. Design Standards:
1. Floor Area Requirements: No more than fifty percent (50%) of the ground floor area shall be reserved for living space. Up to one hundred percent (100%) of the ground floor area may be dedicated to working space.
2. Separation And Access: Each live-work unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, or halls, and the access to each unit shall be clearly separate from other live-work facilities or other uses within the same structure.
3. Facilities To Accommodate Commercial Or Industrial Activities: A live-work facility shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.
4. Integration Of Living And Working Space: Areas within a live- work unit that are designated as living space shall be an integral part of the live-work unit and not separated (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or similar private space. Exceptions to this requirement may be allowed when the city adopted building code requires specific occupancy separation.
5. Parking: Each live-work facility shall comply with the parking standards of chapter 5, article E, "Off Street Parking And Loading", of this title.
E. Nonresident Employees: Up to two (2) persons who do not reside in the live-work unit may work in the unit at any one time. Additional employment may be permitted through issuance of an administrative use permit based on findings that the employment will not adversely affect traffic and parking conditions in the vicinity of the site.
F. Changes In Use: After approval, a live-work facility shall not be converted to entirely residential use, nor shall the ratio of living space to working space be changed, unless authorized through administrative use permit approval. As part of the approval of the administrative use permit, the designated approving authority must find that the exclusive residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants. (Ord. 2013-05, 2-6-2014)
9-4D-9: MASSAGE THERAPY:
A. Purpose And Intent: The purpose of this section is to establish regulations to allow massage therapy activity to occur. Regulations in this section are intended to reduce impacts to the degree so as to minimize any potential adverse effect such uses have on surrounding commercial or industrial uses.
B. Applicability: The regulations and standards contained in this section shall apply to the establishment of any "massage therapy" as defined by section 9-4A-5, "Description Of Land Uses", of this chapter in the city and shall be in addition to any other development standards and regulations contained elsewhere within this title. The establishment of any massage therapy use shall include the opening of such a business as a new business, the relocation of such a business, or the conversion of an existing business location to any massage therapy use.
C. Permit Requirements: Massage therapy establishments regulated by this section shall only be permitted in accordance with title 4, chapter 7, "Massage Establishments And Therapists", of the municipal code. (Ord. 2013-05, 2-6-2014)
9-4D-10: MOBILEHOME PARKS:
A. Purpose And Applicability: This section applies to mobilehome parks within the city. The purpose of this section is to regulate mobilehome parks in residential zoning districts consistent with state law 1 . The establishment of new mobilehome parks shall be consistent with the allowed use provisions of article B, "Allowed Uses And Required Entitlements", of this chapter and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Mobilehome parks are also subject to major site plan and architectural review.
B. Development Standards: All mobilehome parks shall comply with the development standards imposed by the state of California as provided in chapter 2 of title 25 of the California code of regulations. Additionally, all mobilehome parks shall comply with the following to the extent consistent with state law:
1. Park Area, Density, And Site Area:
a. The minimum area of a mobilehome park shall be five (5) acres. The first phase of mobilehome park development shall be not less than five (5) acres and shall include all required recreational and service amenities.
b. The maximum density shall be eight (8) mobilehome sites per gross acre.
c. Each mobilehome site shall be not less than three thousand (3,000) square feet in area, including pad, parking, private access, landscaping and private storage areas.
d. No mobilehome site shall be less than thirty feet (30') in width.
2. Clearances, Setbacks, And Yard Spaces: Mobilehome parks and the mobilehome sites within parks shall comply with the setback standards identified in table 9-4D-10-B-1 of this section. No mobilehome or incidental structure shall be located in any required yard space, except that tow bars may extend into such yard space.
Standard | Measurement |
Standard | Measurement |
Mobilehome park: | |
Front yard | 20 feet |
Interior side yard | 10 feet |
Street side yard | 10 feet |
Interior rear yard | 10 feet |
Street rear yard | 20 feet |
Mobilehome sites: | |
Front yard | 10 feet |
Side yard | 5 feet |
Rear yard | 10 feet |
3. Patios And Pads:
a. Each mobilehome site shall have a hard surfaced patio area of not less than two hundred (200) square feet. A permanent porch greater than twenty (20) square feet in area may be counted as part of the required patio area.
b. Each mobilehome site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base which, in combination, will be adequate to support the mobilehome on a level plane.
4. Parking:
a. Not less than one parking space shall be provided within each mobilehome site.
b. Not less than one guest parking space shall be provided for each mobilehome site at a location central to each four (4) contiguous mobilehome sites, provided that guest parking shall not be required for mobilehome sites along a collector street constructed to the width prescribed under subsection B5 of this section.
c. Parking shall be provided for central recreation buildings, park offices and other similar buildings at a ratio of one parking space for each four hundred (400) square feet of gross floor space.
d. Supplemental parking for pleasure boats, recreation vehicles and nonoccupied travel trailers shall be provided at a ratio of one parking space for each ten (10) mobilehome sites and shall be used only by mobilehome tenants. Said parking shall be clustered, easily accessible via interior drives and shall be screened from view by means of solid ornamental fence or wall and landscaping.
e. All parking areas and spaces shall be designed and constructed in accordance with the provisions of chapter 5, article E, "Off Street Parking And Loading", of this title.
5. Streets:
a. Entrance streets shall be located in alignment with or be offset from public street intersections by at least one hundred fifty feet (150').
b. Minor streets within the mobilehome park shall be a minimum of thirty feet (30') of paved width; collector streets shall be a minimum of thirty six feet (36') of paved width. Paving shall be AC type.
c. Streets shall be constructed to effect positive drainage; concrete curbs and gutters may be required by the city engineer; rolled concrete curbs and gutters or their equivalent are required as a minimum.
d. Parallel parking shall be permitted on both sides of a collector street and on only one side of a minor street. Such on street parking shall be in addition to off street parking requirements of this section.
6. Driveways, Street Signs, Lighting, Storm Drainage, Water And Sewer Systems: Driveways for individual mobilehome sites, street signs, interior street lighting, storm drainage facilities, and water and sewer systems shall be installed subject to approval of the city engineer.
7. Underground Utilities: All public utilities shall be installed underground, including electrical, telephone, street lighting cable, community television antenna connections, and ducts for cable television. A community television antenna with underground ducts and connections to each mobilehome site shall be provided.
8. Recreation Areas And Pedestrianways:
a. Common recreation area in an aggregate total equal to ten percent (10%) of the gross area of the mobilehome park shall be provided at a location or locations which are easily accessible and convenient to park residents.
b. Recreation areas shall be landscaped and maintained, with all landscaped areas to be irrigated by an underground sprinkler system.
c. Pedestrianways shall be provided throughout the mobilehome park, connecting all mobilehome sites with each other and with common recreation areas. Such pedestrianways shall be provided where possible at locations away from the interior street system to avoid conflict in pedestrian and vehicle traffic.
d. Common recreation areas shall not include yard areas, pedestrianways, management offices, laundry and tenant storage areas, and parking areas shall not be included.
9. Signs: No more than one identification sign shall be erected displaying the name of the mobilehome park. Such signs shall be located near the park entrance drive and shall not exceed forty (40) square feet in total readable surface area or ten feet (10') in height. Such sign shall be installed within the front yard area of the mobilehome park, parallel to the abutting street, with landscaping at its base. Additional directional and identification signs may be installed within the mobilehome park subject to the approval of the planning commission.
10. Landscaping And Screening: Mobilehome parks shall provide permanently maintained landscaped areas and site screening as follows:
a. A landscaped border along the entire street frontage yard area and along the rear yard if such yard is adjacent to a public street.
b. Ornamental screen wall or fencing, seven feet (7') in height, along all interior side property lines and along all rear property lines which do not abut a public street.
c. Ornamental screen wall or fencing seven feet (7') in height along street side yard and street front yard setback lines.
11. Other Facilities Required: Each mobilehome park shall provide the following additional facilities:
a. A laundry building for clothes washing and drying.
b. An outdoor drying yard for clothes drying screened from view from other areas of the mobilehome park by an ornamental screen fence or wall and landscaped area.
c. Trash enclosures at locales along the interior street system which are convenient to all residents and to municipal refuse trucks, integrated with guest parking areas.
12. Placement And Sales Of Mobilehomes:
a. At the time of placement on the site, all mobilehomes shall be fitted with appropriate skirts to obscure stands, pads, and undercarriage equipment.
b. Mobilehomes may be displayed and sold within a mobilehome park similar to the sale of mobilehomes within a residential subdivision; provided that such mobilehomes are not sold for delivery to any location other than within the park in which sold; provided further that all mobilehomes are placed on mobilehome sites and connected to all utility services. No more than four (4) mobilehomes shall be offered for sale at any one time, and advertising for such sale shall be limited to one nonilluminated sign not exceeding four (4) square feet in area on the site of each mobilehome offered for sale. (Ord. 2013-05, 2-6-2014)
9-4D-11: RECREATIONAL VEHICLE PARKS:
A. Purpose And Applicability: This section applies to recreational vehicle parks within the city as defined in this chapter. The purpose of these regulations is to provide appropriate space within recreational vehicle parks to ensure the public health and safety of occupants and users.
The regulations contained in this section shall apply to recreational vehicle parks as defined in section 9-4A-5, "Description Of Land Uses", of this chapter. The establishment of new recreational vehicle parks shall be consistent with the allowed use provisions of article B, "Allowed Uses And Required Entitlements", of this chapter and the standards contained within this section, as well as other development standards as required by this code.
B. Development Standards: New recreational vehicle parks shall comply with the development standards for mobilehome parks provided in section 9-4D-10, "Mobilehome Parks", of this article subject to the following exceptions:
1. The minimum area of a recreational vehicle park shall be two and one-half (21/2) gross acres; except that the park may be reduced to one acre if developed in conjunction with a motel or other permitted use within the RC zoning district.
2. The maximum density shall be fifteen (15) recreational vehicle sites per gross acre.
3. Each recreational vehicle site shall be not less than one thousand (1,000) square feet in area, nor less than twenty five feet (25') in width.
4. Each recreational vehicle site shall have a minimum front, side, and rear yard area of five feet (5') in width.
5. Each recreational vehicle site shall have a hard surfaced patio area of not less than one hundred (100) square feet.
6. Not less than one (1) guest parking space shall be provided for each ten (10) recreational vehicle sites.
7. No recreational vehicles shall be parked or displayed for the purposes of sale or rent within a recreational vehicle park.
8. No mobilehome shall be permitted within a recreational vehicle park except as required for occupancy by the park manager.
9. No recreational vehicle shall be allowed to be parked or stored on a public street more than seventy two (72) hours in any thirty (30) day period unless approval to do so has been first obtained from the Chief of Police pursuant to subsection 6-4-4H of the Municipal Code. (Ord. 2013-05, 2-6-2014)
9-4D-12: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:
A. Purpose and intent. This section is intended to meet the requirements of State law in providing for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) as required by and in compliance with Government Code Sections 65852.2 and 65852.22, as either may be amended from time to time. The standards established by this section shall be interpreted and applied consistent with the standards set forth in Government Code Sections 65852.2 and 65852.22. To the extent there is a conflict between the provisions of this section and the provisions of either Government Code Section 65852.2 or 65852.22, including as either may be amended, the applicable provision(s) of Government Code Sections 65852.2 and 65852.22 shall apply. The requirements and exceptions specified in Government Code Sections 65852.2 and 65852.22 shall apply to the construction of ADUs and JADUs pursuant to this section. This section is not intended to regulate multigenerational dwelling units, which are dwelling units that do not include a kitchen, contained entirely within the walls of a proposed or existing single-family residence where access is not restricted between areas of the residence.
B. Determinations. ADUs and JADUs are residential uses. ADUs and JADUs that comply with this section are considered accessory uses and accessory buildings and therefore do not exceed the allowable density for the lots upon which ADUs and JADUs are located. ADUs and JADUs that comply with this section are considered to be consistent with the general plan and zoning designations for the lot. ADUs and JADUs, and the availability to construct ADUs and JADUs, will be counted for purposes of identifying adequate sites for housing in the City’s housing element, as provided in Government Code Section 65583.1(a), and to reduce the City’s share of the regional housing need, as provided in Government Code Section 65583.1(d).
C. Unless otherwise stated in this section, the requirements and standards of this Title that apply to the lot and the primary dwelling shall apply to any ADU and/or JADU, including height, setback, and landscaping. All Fire and Building Code requirements that apply to detached dwellings and accessory structures generally shall apply to ADUs and JADUs.
D. Development Standards. ADUs, JADUs, tiny homes, and multi-generational housing units shall meet that applicable standards in Table 9-4D-12-A.
Requirement | ADU (including Cottage Home) | JADU | Tiny Home (type of ADU | Multi-generati onal housing unit (not an ADU or JADU |
Requirement | ADU (including Cottage Home) | JADU | Tiny Home (type of ADU | Multi-generati onal housing unit (not an ADU or JADU |
Zone districts where allowed: | All residential and mixed use zone districts | All residential and mixed use zone districts | All residential and mixed use zone districts | All residential and mixed use zone districts |
Lot types where allowed: | Lots with either single-family or multi-family dwelling (existing or proposed) | Lots with a single-family dwelling (existing or proposed) | Lots with a single-family dwelling (existing or proposed) | Lots with a single-family dwelling (existing or proposed) |
Number allowed on a single-family lot: | One (1) | One (1) in addition to one (1) ADU | See ADU | One (1) |
Attached to or detached from main dwelling: | Either attached or detached. Attached must have separate exterior entry. | Attached. Must have separate exterior entry. | Detached | Attached |
Number allowed on a multi-family lot: | Up to two (2) detached. If attached, up to 25% of the existing multi-family dwelling units | None | None | None |
Owner occupancy: | No requirements | Property must reside in either the main dwelling or the JADU | No requirements | No requirements |
Unit size: | At least 220 sq. ft. If detached, up to 1,200 sq. ft. If attached, up to 50% of the existing primary dwelling, or 1,200 sq. ft., whichever is greater. | At least 220 sq. ft. and not more than 500 sq. ft. | The first floor shall be at least 100 sq. ft. | No size requirement |
Building setbacks: | For attached ADUs, following main dwelling setbacks. For detached ADUs, 15 feet minimum setback from front property line and four (4) feet minimum setback from side and rear property lines. | Per main dwelling setback requirements . | 15 feet minimum setback from front property line and four (4) feet minimum setback from side and rear property lines. | Per main dwelling setback requirements |
Maximum height: | For detached ADUs, 16 feet. For attached ADUs, per main dwelling height requirements | Per main dwelling height requirements | 14 feet | Per main dwelling height requirements |
Separate kitchen required: | Yes | Yes | Yes | No |
Separate bathroom required: | Yes | No, but if no bathroom, there must be an interior entryway to the main dwelling | Yes | Yes |
Connection to water and sewer required: | Yes. May be shared with main dwelling, but not required. | Yes. May be shared with main dwelling, but not required. | Yes, if occupancy is intended to be for more than 72 hours | Yes |
Additional on-site parking required: | One (1) space unless an exception is made per Government Code 65852.2. The additional parking space may be tandem and within a building setback area if it is paved with a non-permeable surface. | No | No | No |
Fire sprinklers required: | Yes, if required for the main dwelling unit | Yes, if required for the main dwelling unit | No | Yes, if required for the main dwelling unit |
E. Building standards.
1. ADUs and JADUs must be architecturally compatible with the primary dwelling, having similar materials, colors, and style of construction. The design and size of ADUs and JADUs shall conform to all applicable standards of the building, health, and other codes adopted by the City.
2. Attached ADUs and JADUs shall be compatible with and made structurally a part of the primary dwelling (e.g., share a common wall with the primary dwelling, rely partially on the primary dwelling for structural support, or be attached to the primary dwelling).
3. Adequate provisions shall be made for the water and sewer service and drainage generated by the occupancy of the accessory dwelling unit as determined by the City Engineer. The ADU/JADU can either have shared or separate services for electric, gas, sewer, and water.
F. Connection, impact, and other fees.
1. Except as provided in Government Code Sections 65852.2 and 65852.22, ADUs and JADUs are subject to fees and assessments required by the Lemoore Municipal Code for new residential construction, including connection fees, and capacity charges. However, development impact fees shall not be assessed on ADUs or JADUs.
2. An inspection fee shall be assessed for any inspection to determine if an ADU or JADU complies with applicable building standards.
G. Permit approval. A permit must be obtained for the construction or installation of an ADU or JADU. An application, together with the required fee in compliance with the City’s fee schedule, shall be filed with the Department and accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for ADU/JADU applications. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to determine compliance with this section and ministerially approve a compliant application in accordance with (Gov. Code, 35852.2 subd. (a)(3) and (b).
If the permit application to create an ADU or a JADU is submitted with a permit application to construct a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single-family dwelling. The applicant may request a delay in the time available for the City to act on the application, as provided by State law.
H. Cottage home program standards. This subsection provides locational and general standards for the cottage home program which is allowed in the applicable residential areas, subject to the following criteria and standards. This subsection does not supplant the remainder of this section for ADU and JADU construction.
1. Cottage home. A cottage home is a type of ADU where pre-approved building plans are made available by the City and the ADU is constructed in compliance with the provided plans and this subsection. A cottage home shall count towards the limit on the number of ADUs permitted on a single lot.
2. Zone districts. A cottage home is allowed in zones that allow an ADU.
3. Application procedures. Applications for the cottage home program shall be filed with the Community Development Department.
4. Developmental standards. A cottage home shall be constructed in compliance with the following developmental standards:
a. Only one cottage home unit shall be created on a single-family parcel.
b. The cottage home shall be built using plans provided by the City.
c. Adequate provisions shall be made for the water and sewer service and drainage generated by the occupancy of the cottage home unit as determined by the City Engineer. The cottage home can have either shared or separate services for electric, gas, sewer, and water.
J. Tiny house standards. A tiny house may be approved for use as an accessory dwelling unit if the following requirements are met:
1. The tiny house meets all the requirements for an accessory dwelling unit.
2. The tiny house has at least 100 square feet of first floor interior living space and includes basic functional areas that support normal daily routines such as cooking, sleeping, and toiletry.
3. The tiny house is designed and built to look like a conventional building structure.
4. The tiny house is licensed and registered with the California Department of Motor Vehicles and meets ANSI 119.2 or 119.5 requirements.
5. The tiny house Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection and cannot (nor is it designed to) move under its own power.
6. The tiny house is no larger than allowed by California State Law for movement on public highways.
7. No mechanical equipment is located on the roof of the movable tiny house.
8. When sited on a lot for more than 72 hours at a location visible from the public street, the tiny house shall have skirting that covers the wheels and undercarriage and that extends to ground level.
9. When sited on a lot for more than 72 hours, water and sewer connections shall be made permanent prior to occupancy. Shut-off valves, meters, and regulators shall not be located beneath the tiny house. (Ord. 2023-10, 9- 19-2023)
9-4D-13: SEMIPERMANENT MOBILE FOOD VENDORS:
A. Purpose: The City finds that the vending of produce, prepared or prepackaged foods, goods, wares, and/or services at semipermanent locations on public streets, sidewalks, or alleys and on private property may, under certain circumstances, pose unsafe conditions and special dangers to the public health, safety, and welfare of the residents of the City. It is a purpose of this section to provide regulations and standards governing these types of vending operations to prevent safety, traffic, and health hazards, as well as to preserve the peace, safety, and welfare of the City and its residents and to prevent the unregulated proliferation of too many vendors near one (1) location, thus negatively impacting traffic and pedestrian safety.
B. Applicability: The provisions of this section shall apply to all semipermanent mobile food vendors as described in this chapter. This includes any vehicle as defined in section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind that parks for more than twenty (20) minutes daily for more than fourteen (14) days in one calendar year at one or more locations within the city.
The following are not subject to this section:
1. Any person engaged in vending conducted in connection with:
a. The operations of a state certified farmers' market;
b. An event authorized by a special event permit or other permit or entitlement issued by the city of Lemoore, such as an authorized street fair;
c. An event at a sports complex, little league facility, school facility, or recreational facility if the vendor is in partnership with the organization conducting the event and is located on the site of the event.
2. Any person not exceeding the time thresholds established in the description of a semipermanent mobile food vendor.
C. Development Standards: Semipermanent mobile food vendors shall comply with all of the following development standards:
1. The vehicle must be located on a private "developed site" (as defined in chapter 12 of this title) zoned neighborhood commercial (NC), regional commercial (RC), mixed use (MU), or light industrial (ML), subject to the following:
a. The owner(s) of the property shall give permission to use the site and required restroom facilities for food service workers within two hundred feet (200') of the vehicle and access to such must be available during the mobile vehicle's business hours. Portable toilets shall not be allowed.
b. Vendor shall not use or permit use of parking spaces on the site if doing so will adversely affect the on site parking available for the primary use of the site as determined by the city.
c. Vendor cannot interfere with or create hazards for vehicular or pedestrian access, aisles, circulation, driveways, or fire lanes and hydrants.
d. Tables, chairs, shade structures, and trash cans for patrons shall be maintained in a safe and clean manner at all times and removed nightly if used.
e. Hours of operation at an approved semipermanent location shall be no earlier than seven o'clock (7:00) A.M. and no later than ten o'clock (10:00) P.M., and the vehicle shall be moved each night to an area not open to public view.
f. Food products must be stored at a commissary approved by the Kings County health department.
g. Vendor shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.
h. There shall be no more than one other semipermanent mobile food vendor or permanently located vendor of produce, prepared, or prepackaged food located within 500 feet of the site, unless a conditional use permit is approved that allows two or more semipermanent mobile food vendors to operate together at the same time and on the same site.
2. Vendor shall obtain, display, and keep a current city of Lemoore business license and comply at all times with this section as well as title 3, chapter 5, "Food Handling", and title 6, chapter 4, "Stopping, Standing Or Parking", of the municipal code including section 6-4-10, "Peddlers And Vendors", of the municipal code, and all other applicable federal, state, and local laws and regulations.
3. Mobile food vehicle shall be entirely self-sufficient in regard to gas, water, and telecommunications. Should any utility hookups or connections to on site utilities be required, the vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations. Any cords or plugs used from the vehicle to electrical sources shall be appropriately covered or tied down so as to not cause trip hazards and may not be strung across parking lots.
4. All permits/licenses must be obtained, displayed, and kept current at all times and submitted with the administrative review application.
5. Applicants and the subject mobile food vehicles shall comply with all California retail food code provisions 1 , including more specifically, but not limited to, chapter 10, mobile food facilities, of such code and Health And Safety Code section 114250.1 regarding the availability of adequate toilet facilities for use by food service personnel within two hundred feet (200') of unit location.
6. Vendor shall display, in plain view and at all times, current permits and licenses in or on the mobile food vehicle.
7. Daily cleanup and disposal of waste products shall be done at an approved commissary with proof of such being provided when renewing the annual business license.
8. The vendor shall not discharge or allow discharge of items from any mobile food vehicle onto the sidewalk, gutter, storm inlets, or streets. The vendor shall not dispose or allow the disposal of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor. At least two (2) such vendor provided trash containers shall be available on site. Violation of this provision can lead to the suspension and/or revocation of the permit to do business pursuant to section 3-5-11 of the municipal code.
9. The vendor shall install and maintain signage in a visible location indicating that loitering is not permitted and that customers may only remain on the site to pick up and, if applicable, consume their orders. The vendor shall be responsible for ensuring that customers comply with this no loitering provision.
10. In approving an application for a semipermanent mobile food vehicle, the planning director shall impose on the vendor such conditions and requirements as may be necessary to ensure compliance with the standards, conditions, and requirements in this subsection and other provisions of this title. The first permit approved for an applicant at a certain location shall expire after one (1) year. Subsequent approvals by the same applicant at the same site may be approved for up to two (2) years.
(Ord. 2013-05, 2-6-2014; amd. Ord. 2025-02, 4-1-2025)
9-4D-14: SEXUALLY ORIENTED BUSINESSES:
A. Purpose And Intent: It is the purpose and intent of this section to regulate sexually oriented businesses, including the regulation of live nude and live seminude entertainment, in order to promote the health, safety, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The city council finds that among these secondary effects are increased incidents of unlawful conduct and disorderly behavior, generating a disproportionate demand for police responses; depreciated property values; vacancy problems; blighted conditions; and interference with neighbors' enjoyment of property due to debris, noise, vandalism, and depreciated property values. The city council in adopting this section takes legislative notice of the existence and content of the following studies that substantiate the adverse secondary effects of sexually oriented businesses: 1) Garden Grove, California, 1991; 2) city of Austin, Texas, May 1986; 3) city of Los Angeles, California, June 1977; 4) city of St. Paul, Minnesota, 1987, and supp., 1988; and 5) "Final Report Of The Attorney General's Commission On Pornography", 1986. The provisions of this section have neither the purpose nor the effect of imposing a limitation or restriction on the content of any nonobscene communicative materials, including nonobscene sexually oriented materials. Similarly, it is neither the intent nor the effect of this section to restrict or deny access by adults to nonobscene sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of nonobscene sexually oriented entertainment to their intended market. Neither is it the intent nor is it the effect of this section to condone or legitimize the distribution of obscene material or material harmful to minors.
B. Applicability:
1. This section shall apply to those activities described as sexually oriented businesses as described in section 9-4A-5, "Description Of Land Uses", of this chapter and further defined in this section including adult arcades, adult bookstores, adult cabarets, adult motels, adult theaters and motion picture theaters, adult novelty stores, and adult video stores.
2. The following definitions shall apply to this chapter:
EMPLOYEE: For purposes of a sexually oriented business, a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business.
ESTABLISHING: For purposes of a sexually oriented business, establishing shall mean and includes any of the following:
a. The opening or commencement of any business as a new business subsequent to the effective date hereof; or
b. The conversion of any existing business (whether or not a sexually oriented business) to a sexually oriented business, as defined in this chapter, subsequent to the effective date hereof; or
c. The addition of any sexually oriented business, as defined in this chapter, to any other existing sexually oriented business; or
d. The relocation of any sexually oriented business.
NUDE, NUDITY, OR STATE OF NUDITY: The appearance or showing of the human bare buttock, anus, male genitals, female genitals, areola or nipple of the female breast, pubic hair, or pubic region.
SEXUALLY ORIENTED MATERIALS: Any physical object or visual image, however stored, recorded, or manifested, that is offered for sale, rental, or viewing and that simulates, depicts, or describes specified anatomical areas or that is offered for sale or rental for use in specified sexual activities (other than condoms sold in conformity with laws otherwise applicable).
SIGNIFICANT OR SUBSTANTIAL PORTION: For purposes of a sexually oriented business, significant or substantial portion shall mean that fifteen percent (15%) or more of interior floor space or display space is devoted to depiction of specified sexual activities or sexually oriented materials, or that fifteen percent (15%) or more of actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of "sexually oriented materials", as defined in this section.
SPECIFIED ANATOMICAL AREA: Shall mean and includes any one or more of the following:
a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below the top of the areola; or
b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY: Shall mean and includes, without limitation, any of the following:
a. Fondling, including:
(1) The fondling or other intentional touching of one's own or another's human genitals, pubic region, pubic hair, perineum, anus, or female breast, whether the person so touched is nude, seminude, or clothed or covered; or
(2) The fondling or other intentional touching of the buttock of any nude or seminude person; or
b. Sex acts, normal or perverted, actual or simulated, whether the actor or actors is or are nude, seminude, or clothed or covered, including actual or simulated vaginal intercourse, anal intercourse, oral copulation, sodomy, oral-anal copulation, bestiality, flagellation or masochism or torture in the context of a sexual act, anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, or sapphism; or
c. Whether the actor is nude, seminude, or clothed or covered, acts of human masturbation, actual or simulated; animal masturbation, actual or simulated; erotic or lewd touching of an animal, actual or simulated; or human or animal ejaculation, actual or simulated; or
d. Human genitals in a state of sexual stimulation, arousal or tumescence discernible to any other person or male genitals in a discernibly turgid state, even if completely and opaquely covered; or
e. The display or showing of excretory, urinary, or female menstrual functions or vaginal or anal irrigation as part of or in connection with any of the activities set forth in subsections a through d of this definition; or
f. Dancing by one or more live persons in a manner that exposes to the view of any other person a specified anatomical area or that constitutes the public simulation by a clothed person of any specified sexual activity.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: An increase in the floor areas occupied by the business by more than fifteen percent (15%) as the floor areas existed on June 7, 1996.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Shall mean and includes any of the following:
a. The sale, lease, or sublease of the business; or
b. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
c. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by request or other operation of law upon the death of a person possessing the ownership or control.
C. Location Regulations:
1. Zoning: Sexually oriented uses shall only be established consistent with the allowed use and permit requirements of article B, "Allowed Uses And Required Entitlements", of this chapter.
2. Distance: Sexually oriented businesses are permitted subject to compliance with all of the following conditions:
a. Such use is located more than five hundred feet (500') from another sexually oriented business;
b. Such use is located more than five hundred feet (500') from any religious institution, school, regularly established boys' club or girls' club, or public building regularly frequented by children, public park, or public building;
c. Such use is located more than three hundred feet (300') from any residential zone.
d. No more than one sexually oriented business shall be located within a single building, or portion thereof.
3. Nonconforming Use Based Upon Distance Requirements: A sexually oriented business hereinafter lawfully established and operating as a conforming use is not rendered a nonconforming use by the location, subsequent to its establishment, of a religious institution, school, public park, or public building regularly frequented by children within three hundred feet (300') of the sexually oriented business.
D. Measurement Of Distance: For purposes of subsection C, "Location Regulations", of this section, the distance between any two (2) sexually oriented businesses or between a sexually oriented business and a religious institution, school, regularly established boys' or girls' club, public building regularly frequented by children, public park, public building, or residential zone shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point on the property line of the property on which the one sexually oriented business is located to the nearest point on the property line of the property on which the other sexually oriented business, or the religious institution, school, regularly established boys' club or girls' club, public building regularly frequented by children, public park, public building, or residential zone is located.
E. Development And Performance Standards: All sexually oriented businesses shall comply with the following development and performance standards:
1. Entrances:
a. A permitted use shall have a separate business entrance adjacent to the required parking area, and no other nonadult use shall be permitted in the same building when a sexually oriented business is operated.
b. The building entrance to a sexually oriented business shall be clearly and legibly posted by a notice indicating that minors (persons under 18 years of age) are excluded from entering the premises.
2. Exterior Improvements And Requirements:
a. Illumination: All off street parking areas and entrances to the premises of a sexually oriented business shall be illuminated from dusk until at least the closing hour 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. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually 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.
b. Sound: No loudspeakers or sound equipment shall be used in a sexually oriented business for the amplification of any sound to a level discernible by the public beyond the walls of the building in which such use is conducted.
3. Hours Of Operation:
a. It is unlawful and a person commits a misdemeanor if he, she, or it operates, permits, or causes to be operated a sexually oriented business, where that person operates or permits or causes such business to remain open for business, or permits or causes any employee to engage in a performance, to solicit a performance, to make a sale, to solicit a sale, to provide a service, or to solicit a service, between the hours of one o'clock (1:00) A.M. and nine o'clock (9:00) A.M. of any day.
b. It is unlawful and a person commits a misdemeanor if, working as an employee of a sexually oriented business, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of one o'clock (1:00) A.M. and nine o'clock (9:00) A.M. of any day.
4. Advertising Regulations:
a. It is unlawful and a person commits a misdemeanor if he, she, or it operates or causes to be operated a sexually oriented business and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.
b. It is unlawful and a person commits a misdemeanor if he, she, or it operates or causes to be operated a sexually oriented business and displays or otherwise exhibits the materials or performances of such sexually oriented business in any advertising. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.
5. Display Of Goods: Goods and products of a sexually oriented nature, regardless if the business meets the definition of a sexually oriented business, shall not be displayed in the front of the store where visible to passersby. Stores that are dedicated solely to the sale of sexually oriented products shall be designed such that these products are not immediately visible upon entering the store.
F. Regulations Pertaining To Exhibition Of Sexually Explicit Films Or Videos In Video Booths: A person who operates or causes to be operated a sexually oriented business, other than an adult motel which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, digital video disk, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
1. Upon application for a sexually oriented conditional use permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted to enter. A manager's station may not exceed thirty two (32) square feet of floor area, with no dimensions greater than eight feet (8'). The diagram shall also designate the place at which the conditional use permit, if granted, will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six inches (±6"). The city manager, or his or her designee, may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since the previously submitted diagram was prepared.
2. The application shall be sworn to be true and correct by the applicant.
3. No alteration in the configuration or location of a manager's station may be made without the prior approval of the city or its designee.
4. It is the duty of the owner or owners and the operator or operators of the premises to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.
5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video viewing capability. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
6. It shall be the duty of the owner or owners and the operator or operators, and it shall also be the duty of any agents and employees present on the premises, to ensure that the view area specified in subsection F5 of this section remains at all times unobstructed by any doors, walls, merchandise, display racks, or other materials and to ensure that no patron is permitted access to any area of the premises which has been designated in the application filed pursuant to subsection F1 of this section as an area in which patrons will not be permitted to enter.
7. No viewing room may be occupied by more than one person at any one time.
8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two (2) foot-candles as measured at the floor level.
9. It shall be the duty of the owner or owners and the operator or operators and it shall also be the duty of any agents and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.
G. Inspection:
1. The operator shall permit representatives of the code enforcement office, the county health department, and the fire department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or at any time it is open for business.
2. It is unlawful and a person who operates a sexually oriented business or his, her, or its agent or employee commits a misdemeanor if he, she, or it refuses to permit such lawful inspection of the premises at any time that it is occupied or at any time that it is open for business.
H. Violations And Defense To Prosecution:
1. Noncompliance With Section: A person commits a misdemeanor if he, she, or it operates, allows to be operated, or causes to be operated a sexually oriented business outside of the restrictions of this section.
2. Under Eighteen Years Of Age: It is unlawful and a person commits a misdemeanor if he, she, or it operates or causes to be operated a sexually oriented business, and knowingly or with reasonable cause to know, permits, suffers, or allows any one or more of the following to occur:
a. Admittance of any person under eighteen (18) years of age to the business premises; or
b. A person under eighteen (18) years of age to remain at the business premises; or
c. A person under eighteen (18) years of age to purchase goods or services at the business premises; or
d. A person who is under eighteen (18) years of age to work at the business premises as an employee.
3. Injunction And Criminal Remedies For Violation: A person who operates or causes to be operated a sexually oriented business in violation of this section shall be subject to injunctive and other remedies as provided by law. In addition, a violation may be prosecuted as a misdemeanor. Unless otherwise specified by law, a misdemeanor offense shall be punishable pursuant to section 19 of the California Penal Code.
4. Defense: It is a defense to prosecution under this section if a person appearing in a state of nudity does so in a modeling class operated in compliance with both of the following criteria:
a. That the class is operated either by a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation or by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; and
b. That the class is operated entirely within a structure:
(1) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(2) Where, in order to participate in a class a student is customarily required to enroll in advance of the class (though late registrations may be allowable by the institution offering the class); and
(3) Where no more than one nude model is on the premises at any one time.
I. Criminal Penalties And Additional Legal, Equitable And Injunctive Relief: In addition to whatever penalties are applicable under the California Penal Code, if any person fails or refuses to obey or comply with or violates any of the criminal provisions of this section, such person, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine established by resolution of the city council or by imprisonment not to exceed sixty (60) days in the Kings County Jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered a separate offense. Nothing herein contained shall prevent or restrict the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this section shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.
J. Immunity From Prosecution: The city and its designees, including the police department and all other departments, agencies, and other city officers, agents, and employees charged with enforcement of state and local laws and codes, shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this section. (Ord. 2013-05, 2-6-2014)
9-4D-15: WIRELESS TELECOMMUNICATION FACILITIES:
A. Purpose And Intent: This section establishes standards for placement of wireless telecommunications facilities within the city and regulates the installation of antennas and other wireless communication facilities consistent with federal law. This section is intended to promote and protect the public safety and public welfare of residents as well as containing regulations to minimize potential impacts of the installation of wireless communication facilities.
B. Applicability: Wireless communication facilities shall be subject to the following regulations in this section to the extent that such requirements: 1) do not unreasonably discriminate among providers of functionally equivalent services, or 2) do not have the effect of prohibiting personal wireless services, as defined by the telecommunications act of 1996.
C. Permit Requirements:
1. Wireless telecommunication facilities (major and minor, as defined in section 9-4A-5, "Description Of Land Uses", of this chapter) shall be subject to the permit requirements identified in article B, "Allowed Uses And Required Entitlements", of this chapter for the underlying zoning district. Regardless of any permit requirements listed in article B of this chapter, all wireless telecommunication facilities shall comply with the applicable development standards of this section and are subject to site plan and architectural review.
2. The establishment of collocation facilities for major wireless telecommunication facilities is not subject to conditional use permit approval, provided the facility satisfies all requirements set forth in Government Code section 65850.6. Such facilities are subject to zoning clearance.
D. Application Requirements: When a conditional use is required for a wireless telecommunication facility, the application shall include the following information, in addition to all other information required by the city for a conditional use permit or site plan and architectural review application:
1. Visual simulations showing what the proposed facility will look like from the surrounding area as viewed from residential properties and public rights of way.
2. Narrative description and map showing the coverage area and location of the provider's existing wireless communication facilities and the proposed coverage area of the specific site that is the subject of the application.
3. Description, site plan, and other illustrative materials showing the probable future phasing (and full build-out) for the addition of subsequent providers.
4. Technical information explaining the reasons that a permit is being sought (e.g., whether a new antenna is necessary to accommodate increased demand or to fill a "dead zone" in the provider's coverage area).
E. Development Standards:
1. Standards For Major Wireless Telecommunication Facilities: The following general development standards shall apply to all major wireless telecommunication facilities:
a. Major wireless telecommunication facilities shall be collocated with existing facilities, with other planned new facilities, and with other facilities such as water tanks, light standards, and other utility structures to the extent feasible.
b. The height limit for towers shall be seventy five feet (75'), except that a conditional use permit may be granted for additional height when the designated approving authority finds that reasonable alternatives do not exist to provide the necessary service.
c. Towers shall not be located in any required front or street side yard in any zoning district.
d. The setback distance from any abutting street right of way, residential property line, or public trail shall be equal to the height of the facility (tower and related equipment).
e. The minimum setback distance from nonresidential property lines shall be twenty percent (20%) of the height of the tower.
f. All wireless communication facilities shall comply with the noise standards of section 9-5B-2, "Noise, Odor, And Vibration Performance Standards", of this title.
g. Facilities shall have subdued colors and comprise nonreflective materials which blend with the materials and colors of the surrounding area or building.
h. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.
i. Towers and related equipment shall be unlit except as provided below:
(1) A manually operated or motion detector controlled light above the equipment shed door may be provided. Such light shall remain off except when personnel are present on site at night.
(2) The minimum tower lighting required under federal aviation administration regulation.
(3) Where tower lighting is required, such lighting shall be shielded or directed downward to the greatest extent possible to ensure that such light does not spill over onto abutting properties, especially residential zoning districts or uses.
j. Where appropriate, wireless communication facilities shall be installed in a manner that maintains and enhances existing landscaping on the site, including trees, foliage, and shrubs, whether or not utilized for screening. Additional landscaping shall be planted around the tower and related equipment to buffer abutting residential zoning districts or uses, and to buffer public trails.
k. The tower and related equipment shall not bear any signs or advertising devices other than certification, warning, or other required seals or signs.
2. Standards For Minor Wireless Telecommunication Facilities:
a. Ground mounted equipment shall be situated as close to the ground as feasible to reduce visual impact without compromising their function and all portions of the antenna shall be set back a minimum of five feet (5') from any property line. Ground mounted minor wireless telecommunication facilities shall be screened from view from the public right of way to a height of roughly seven feet (7').
b. Wall mounted equipment shall be flush mounted and painted or finished to match the building with concealed cables.
c. In commercial and office zoning districts, roof mounted equipment shall be screened from view of public rights of way by locating the antenna below the roofline, parapet wall, or other roof screen and by locating the equipment as far away as physically feasible and aesthetically desirable from the edge of the building.
d. Equipment shall have subdued colors and comprise nonreflective materials which blend with the materials and colors of the surrounding area or building.
e. The maximum height for ground mounted equipment shall be equal to the horizontal distance between the equipment and the nearest property line, or twenty five feet (25') above the maximum building height of the zone district, whichever is less.
3. Development Standards For Amateur Radio Antennas:
a. Height Limits: Amateur radio antennas in any zone district may extend to a maximum height of seventy five feet (75'), provided that the tower is equipped with a lowering device (motorized and/or mechanical) capable of lowering the antenna to the maximum height permitted in the zone district when not in operation.
b. Location Parameters: All antenna structures shall be located outside of required front and street side yard areas. Antenna structures shall also be set back a minimum distance of five feet (5') from interior property lines.
c. Tower Safety: All antennas shall be located within an enclosed fenced area or have a minimum five foot (5') high tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight feet (8'). (Ord. 2013-05, 2-6-2014)
9-4D-16: THRIFT STORES:
A. Purpose And Applicability: The purpose of these regulations is to limit the overconcentration of thrift stores within the city by applying minimum distance standards between thrift stores and ensuring compatibility with surrounding uses by requiring special standards for collection/receiving and refuse areas and requiring additional property maintenance.
The regulations contained in this section shall apply to new and qualifying expansion of existing thrift stores as defined in article A, "Use Classification System", of this chapter. The establishment of new thrift stores shall be consistent with the allowed use provisions of article B, "Allowed Uses And Required Entitlements", of this chapter and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply.
B. Location: Thrift stores shall not be located closer than five hundred feet (500') from another thrift store.
C. Development Standards: All new thrift stores shall observe all development standards of the underlying zoning district, except that they shall also comply with the following additional standards:
1. Enclosed Activities: All activities shall be completely enclosed within the building for the use.
2. Collection/Receiving Area: The collection area shall be located on the side or rear of the building. Adequate directional signage shall be provided from the main entrance to the use to direct individuals to the collection area. The collection area shall be noticed to prohibit depositing goods when the store is closed.
3. Property Maintenance: Management shall be responsible for the removal of litter from the subject property, adjacent property, and streets that results from the thrift store (with adjacent property owner consent). (Ord. 2013-05, 2-6-2014)
9-4D-17: OUTDOOR DISPLAY, SALES, AND STORAGE:
A. Purpose: The purpose of this section is to regulate permanent and temporary outdoor display, sales, and storage uses. The intent of these regulations is to encourage outdoor displays and activities that are compatible with associated and nearby uses and do not obstruct pedestrian or vehicle circulation or create an unsightly appearance of unrestricted clutter.
B. Permit Requirements And Exemptions: The following outdoor activities shall be subject to the permit requirements listed herein:
1. Permanent Outdoor Display And Sales: Permanent outdoor display and sales (excluding vending machines) shall require administrative site plan and architecture review approval prior to establishment. All related activities shall be developed and operated consistent with the standards of this section.
2. Temporary Outdoor Display And Sales: Temporary outdoor display and sales shall comply with the standards for temporary uses as provided in chapter 4, article C, "Temporary Uses", of this title and, if required, first obtain a temporary use permit. Temporary outdoor display and sales shall comply with the development standards listed in this section in addition to the requirements of chapter 4, article C of this title.
3. Permanent Outdoor Storage: Permanent outdoor storage is permitted as a specified land use (storage yards). If not part of the original development permit for the principal use, permanent outdoor storage may be permitted in mixed use, automotive and industrial, and public/quasi-public zoning districts subject to site plan and architectural review approval. In all cases, permanent outdoor storage shall be consistent with the development standards of this chapter.
4. Temporary Outdoor Storage: Temporary outdoor storage shall comply with the standards for temporary uses as provided in chapter 4, article C, "Temporary Uses", of this title and, if required, first obtain a temporary use permit. Temporary outdoor storage shall comply with the development standards listed in this section in addition to the requirements of chapter 4, article C of this title.
C. Development Standards: The following general development standards apply to all outdoor display, sales, and storage activities.
1. Location: Outdoor activities shall not be located within any public right of way (unless an encroachment permit has been issued), in required parking spaces, within designed vehicle drive aisles, or within required landscape planter areas. Outdoor activities shall also not disrupt or impede required pedestrian circulation paths.
2. Hours Of Operation: Except as otherwise provided, hours of operation for outdoor activities shall be consistent with those for the corresponding primary use.
3. Noise: Any noise generated by the outdoor activity shall be consistent with subsection 9-5B-2B, "Noise Standards", of this title.
D. Standards For Outdoor Display And Sales: The following development standards shall apply to all permanent and temporary outdoor display and sales activities and are in addition to those standards listed in subsection C, "Development Standards", of this section:
1. Associated With The Primary Use: All outdoor display and sales activities shall be associated with the primary use of the property. Only those goods and services associated with the primary use may be stored, sold, or displayed. All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such (e.g., seasonal sales as a temporary use requiring a temporary use permit).
2. Maximum Area: Unless otherwise approved in conjunction with development permits, the area used for permanent outdoor display and sales of materials shall not exceed ten percent (10%) of the gross floor area of the corresponding commercial building. When a permitted use, vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from the ten percent (10%) limitation, provided storage and display is limited to vehicles offered for sale or rental only.
3. Performance Standards: Vending machines and outdoor display and sales shall meet the following requirements:
a. Placement shall be adjacent to a building wall and under a roof overhang (if available).
b. Placement shall not reduce the width of a paved clear space for the passage of pedestrians to less than four feet (4'). Clear space shall be counted as that space exclusive of vehicle overhang as provided in subsection 9-5E-5B7 of this title.
c. Placement shall not be closer than five feet (5') to a fire department or utility connection (e.g., fire door, gas meter, electric meter).
d. No more than twenty percent (20%) or forty feet (40'), whichever is less, of the total facade may be occupied by all vending and display areas combined. Placement shall not have exposed conduits, piping, or overhead utility connections.
E. Standards For Outdoor Storage: The following development standards shall apply to all permanent and temporary outdoor storage activities and are in addition to those standards listed in subsection C, "Development Standards", of this section:
1. Location: Outdoor storage may not be located within any required front or street side yard for the underlying zoning district within which the activity is located. No pedestrian paths shall be obstructed. A paved clear space for the passage of pedestrians, no less than five feet (5') wide shall be maintained.
2. Windows: Outdoor storage areas shall not block the view from any windows.
3. Height Limitation: The height of stacked materials and goods shall be no greater than that of any building, wall, fence, or gate enclosing the storage area.
4. Screening Of Outdoor Storage: Outdoor storage (including all dumpsters, commercial items, commercial construction, or industrial related materials and equipment within commercial zones) shall be screened from any abutting right of way, trail, or property. Methods to achieve screening may include, but not be limited to, fences, walls, landscaping, or earthen berms. (Ord. 2013-05, 2-6-2014)
9-4D-18: RESIDENTIAL ACCESSORY STRUCTURES:
A. Purpose: The purpose of this section is to regulate certain types of residential accessory structures. These standards are intended to complement the requirements and standards of the city adopted building code and fire code with respect to accessory structures on residential property.
B. Permit Requirements And Exceptions: Generally, no special planning permit or entitlement shall be required for accessory structures that are consistent with the standards herein, except that zoning plan check shall be conducted in the event that a building permit is required.
C. Development Standards:
1. Development Standards For All Accessory Structures: The development standards in this section shall apply only to detached accessory structures. Primary structures, and any other feature attached to the primary structure (e.g., attached patio cover), are subject to the setback, height, and other requirements for the zoning district in which they are located.
a. Easements: No accessory structure shall be placed within an established easement.
b. Construction Phasing: Accessory structures may be constructed only in conjunction with or after construction of the primary building(s) on the site.
c. Ingress/Egress Into Back Yard: A minimum three foot (3') ingress/egress pathway into a back yard shall be maintained for fire access.
2. Development Standards By Type Of Accessory Structure: Table 9-4D-18-C1, "Development Standards For Residential Accessory Structures In Residential Zones", of this section establishes development standards based on the type of accessory structure as defined in this title.
Accessory Structure | Development Standard | ||||
Minimum Setback Distance From Property Line | |||||
Front | Street Side | Interior Side And Rear | Minimum Distance Between Structures | Maximum Height | |
Accessory Structure | Development Standard | ||||
Minimum Setback Distance From Property Line | |||||
Front | Street Side | Interior Side And Rear | Minimum Distance Between Structures | Maximum Height | |
Building, 120 sq. ft. or less: | |||||
8' tall or less | Same minimum as for primary structure | 10' | No minimum | No minimum | 8' |
Greater than 8' tall | 15' | 5' | 10' | 16' | |
Building, greater than 120 sq. ft.: | |||||
Fully enclosed | Same minimum as for primary structure | 15' | 5' | 10' | 16' |
Limited/no enclosure | 15' | 5' | 10' | 16' | |
Garden structure: | |||||
<8' tall | 12' | No minimum | No minimum | No minimum | 8' |
8' tall | 12' | 15' | 5' | 10' | 16' |
Carports: | |||||
Combustible and/or portable | Set back even with or behind the front of the house | Not permitted on the street side of a corner lot | 5' | 10' | Height of house primary structure |
Noncombustible and permanent | 4' behind the sidewalk and outside of public right of way and clear visibility area | 4' behind the sidewalk and outside of public right of way and clear visibility area | No minimum | 10' | Height of house main structure |
Pool/spa (built-in) | Same as for primary structure | 5' | 5' | 3' | Not applicable |
Deck | No minimum | No minimum | No minimum | No minimum | 2' |
Play equipment | Same as primary structure | 15' | 5' | No minimum | Same as for primary structure |
(Ord. 2013-05, 2-6-2014)
9-4D-19: MANUFACTURED HOMES:
The provisions of this section shall apply to all mobilehomes and manufactured homes not located in an approved mobilehome park:
A. No mobilehome or manufactured home shall be installed that was manufactured more than ten (10) years from the date of application for a building permit for installation.
B. All manufactured homes shall meet the following site or architectural standards:
1. Garages And Carports: A minimum of a one-car garage or carport shall be provided for every manufactured house. The parking requirements of chapter 5, article E of this Code shall also apply.
2. Minimum Width And Floor Area: The width and floor area of a manufactured housing unit shall be at least eighty percent (80%) of the average of other adjacent residences in the zone district in which it is located.
3. Roof Overhangs: All manufactured housing units and garages shall have a pitched roof with a minimum sixteen inch (16") roof overhang on each of the perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.
4. Roofing Materials: All manufactured housing units and garages and carports located on the lot shall have a roof constituted of asphalt composition, clay, tile, concrete or metal tile or panels, slate or built-up asphaltic-gravel materials.
5. Siding Materials: All manufactured housing units and garages located on the lot shall have similar exterior siding materials consisting of wood, masonry, concrete, stucco, Masonite, or metal lap. The exterior siding material shall extend to the ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.
6. Foundations: All manufactured housing units and garages and carports shall be placed on a permanent foundation which meets the applicable building code requirements and/or the provisions of section 18551 of the State Health and Safety Code such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.
7. Utility Connections: The mobilehome electrical, gas, water and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valves, meters and regulators shall not be located beneath the manufactured homes.
8. Deviations: The Community Development Department may approve deviations from one (1) or more of the standards of this subsection B based on a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.
C. Surrender Of Registration: Subsequent to applying for a building permit, and prior to the occupancy of a mobilehome or manufactured home on a permanent foundation, a certification of occupancy is to be issued by the Building Official pursuant to section 18551 of the State Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership, and certificate of registration issued by a State agency shall be surrendered back to the issuing State agency. Any mobile/manufactured home on a permanent foundation shall bear a State insignia or Federal label pursuant to section 18550 of the State Health and Safety Code. (Ord. 2017-06, 5-16-2017)
9-4D-20: SHOPPING CARTS:
A. Retail uses established after April 1, 2017, that provide shopping carts shall install and maintain disabling devices on all carts that prevent the use of the carts off the premises. This requirement shall be applicable in all zone districts, and shall be in addition to the requirements in title 4, chapter 5 of the Municipal Code.
B. A shopping cart shall be defined per section 4-5-2 of the Municipal Code. (Ord. 2017-06, 5-16-2017)
9-4D-21: TATTOO PARLORS:
A. Purpose: The purpose of this Section is to regulate the establishment and operation of tattoo parlors.
B. Applicability: The regulations contained in this section shall apply to tattoo parlors as defined in section 9-4A-5, “Description Of Land Uses”, of this chapter. The establishment of new tattoo parlors shall be consistent with the allowed use provisions of article B, “Allowed Uses And Required Entitlements”, of this chapter and the standards contained within this section, as well as other development standards as required by this code.
C. Development And Design Standards for tattoo parlors:
1. Tattoo parlors shall operate only between the hours of seven (7:00) a.m. and eleven (11:00) p.m.
2. Service of alcohol, marijuana based substances, or other controlled substance shall not be permitted in conjunction with a tattoo parlor use.
3. No new tattoo parlor use shall be located within five hundred feet (500') of another tattoo parlor, except that no separation is required in the DMX-1 and DMX-2 zones.
4. The entrance door and storefront window glazing shall be 75 percent (75%) clear and free of obstructions such as signs, window tinting, shelving, or racks.
5. “Specified anatomical areas” as defined in 9-4D-14 shall not be exposed in the publicly accessible areas of the business or viewable from the public right-of-way.
6. The operator of the approved use shall prevent loitering and loud noises around the subject site during and after the hours of business operation.
7. A sign stating, “No tattoo service will be provided for anyone under the age of 18,” shall be visible at all times on the door of the front entrance.
8. The applicant shall comply with all applicable State, County and City Health and Human Services regulations including, but not limited to the State Safe Body Art Act regarding the establishment and operation of businesses engaged in tattooing, body piercing, and permanent cosmetic application. (Ord. 2024-01, 6-18-2024)
9-4D-22: PERSONAL STORAGE FACILITIES:
A. Purpose: The purpose of this section is to regulate the establishment and operation of personal storage facilities, also known as mini-storages or self-storage facilities.
B. Applicability: Development standards in this section shall apply to all personal storage facilities. New personal storage facilities will be reviewed in conjunction with the required conditional use permit and/or site plan and architectural review application.
C. Maximum size: The maximum site area for personal storage facilities in the Low Density Residential Zone and the Low Medium Density Residential Zone shall be ten (10) acres. The maximum site area for personal storage facilities in the Medium Density Residential Zone shall be three (3) acres.
D. The following Development And Design Standards shall apply to all personal storage facilities:
1. Residential quarters for a manager or caretaker may be provided.
2. No business activity shall be conducted other than the rental of storage spaces.
a. No public sale of any item from a rental space or within a self-service storage facility.
b. The personal storage operator may conduct incidental retail sales of storage-related items, including, but not limited to, boxes, locks, and packing tape.
c. No construction, repair, servicing, renovating, painting or resurfacing of any motor vehicle, boat, trailer or other machine or implement including, but not limited to, furniture, toys, carpets, or similar equipment, objects, or materials.
d. No on-site commercial, business, professional, industrial, or recreational use or activity.
e. No use of rental units for human habitation.
3. All storage shall be located within fully enclosed structure(s) except as provided for in this section.
4. The site shall be completely enclosed by building walls or a solid masonry wall with landscaping, except for points of ingress and egress (including emergency fire access) which shall be gated. The gate(s) shall be maintained in good working order at all times and shall remain closed except when in use.
5. Buildings may be placed with zero setback from interior lot lines if the Planning Commission finds that the placement will not be detrimental to adjacent properties.
6. All on-site lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way in accordance with section 9-5B-4 Outdoor Lighting.
7. The site shall be paved, except for structures and landscaping.
8. Personal storage facilities may provide space for the outdoor storage of operable vehicles, boats, RV’s, and trailers, provided the following standards are met:
a. The storage of vehicles shall occur only within a designated area. The designated area shall be clearly delineated on the site.
b. The storage of vehicles shall not occur within building setbacks.
10. The storage of inoperative vehicles is prohibited.
11. The storage of flammable or otherwise hazardous materials is prohibited.
E. In addition to subsection D, the following Development And Design Standards shall apply to personal storage facilities in residential zones:
1. New personal storage facilities in residential zones shall not be located within one-half mile of an existing personal storage facility.
2. Storage facilities located within or adjacent to residential zones shall locate outdoor vehicle, boat, RV, and trailer storage areas at least thirty feet (30') from all property lines and shall be separated from all property lines by enclosed storage structures.
3. Exterior walls within or adjacent to residential zones that are visible from public rights of way shall be of a decorative design consistent with the following:
a. Walls shall have vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every one-hundred feet (100').
b. Walls shall include capstones (with limited overhang) of a coordinating color, material, and style as the rest of the wall.
c. Walls shall be of neutral color and shall be textured with stone, brick, stucco, or other similar surface finish.
d. Walls shall not be located inside of the required clear visibility area at the intersections of streets.
4. Building walls that are visible from public rights of way shall be articulated with one of the techniques illustrated in figure 9-5C-4-B2, “Techniques To Break Up Long Building Walls”, of section 9-5C-4 a minimum of every thirty feet (30').
5. New personal storage facilities proposed adjacent to existing residential uses shall be limited to a maximum seven-foot-high solid masonry wall or structure when constructed on property line.
6. Use of barbed wire for or on fencing is prohibited.
7. Personal storage facilities located within residential zones or adjacent to residential zones shall maintain a landscaped 20-foot front yard and a 15-foot street side yard in addition to areas described in section 9-5D1-2.
8. Personal storage facilities located within or adjacent to residential zones shall have hours of operation limited to 7:00 a.m. to 9:00 p.m., Monday through Saturday, and 9:00 a.m. to 9:00 p.m. on Sundays. (Ord. 2024-01, 6-18-2024)