Nonresidential zones are those other than the zones listed as residential zones in section 29.40.010 and overlay zones are listed in section 29.80.010.

(Ord. No. 1316, § 4.40.005, 6-7-76; Ord. No. 1344, 1-17-77)

In office, commercial and industrial zones (sections 29.60.010 and 29.70.010) no building, or portion of any building, designed, intended to be used for, or which has been used for, dwelling purposes shall be used for any nonresidential use unless architecture and site approval is obtained.

(Ord. No. 1316, § 4.40.010, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1375, 11-21-77; Ord. No. 1680, 3-17-86)

All business, services and processes shall be conducted entirely within completely enclosed buildings, except as provided in sections 29.50.025 and 29.50.030 and except for outdoor activities specifically authorized by a conditional use permit.

(Ord. No. 1316, § 4.40.020, 6-7-76; Ord. No. 1335, 10-4-76; Ord. No. 1363, 8-1-77)

(a)

Outdoor display of merchandise in nonresidential zones is allowed only:

(1)

During business hours of the business displaying the merchandise;

(2)

Immediately adjacent to the building the business occupies;

(3)

If the merchandise is not in any parking lot; and

(4)

If placement of the merchandise does not obstruct pedestrian movement and allows at least six (6) feet of pedestrian walkway between the display and any other obstruction. The six (6) feet may include adjacent available public right-of-way.

(b)

This section governs the display of merchandise on private property only. Display of merchandise on public property is regulated by other ordinance of the Town.

(Ord. No. 1316, § 4.40.030, 6-7-76; Ord. No. 1363, 8-1-77)

Editor's note— Ord. No. 1908, § V, adopted July 20, 1992, repealed former 29.50.030, relative to special sales events and outdoor display of merchandise, which derived from Ord. No. 1316, § 4.40.040, adopted June 7, 1976 and Ord. No. 1363, adopted Aug. 1, 1977.

This section applies only to businesses with current, valid Conditional Use Permits for vehicle sales.

(1)

Purpose and findings: The traditional methods for sales promotions for the sale of automobiles has included flags, pennants, balloons, outdoor entertainment, food booths and other carnival types of activities otherwise prohibited by this ordinance. Auto dealers unable to use these promotional devices are at a competitive disadvantage which threatens their ability to operate viable businesses. The Council finds that it is in the public's interest to have financially stable automobile sales and service businesses located within the Town to reduce the length of trips by Town residents desiring these services thereby contributing to high air quality.

(2)

Definitions:

a.

Auto dealer: The owner or operator of a business which has a current, valid conditional use permit allowing the sale of vehicles.

b.

Small promotion: An event sponsored by one (1) or more auto dealers lasting no longer than three (3) days.

c.

Large promotion: An event sponsored by two (2) or more auto dealers lasting no longer than seven (7) days.

(3)

Promotional event permit: The Planning Director may issue permits to auto dealers for promotional events as follows:

a.

For small promotions:

1.

No more than one (1) small promotion shall be permitted on any zoning plot in any calendar month. At least a four-day interval must separate small promotions.

2.

Applications for permit must be filed with the Town three (3) working days in advance of the event.

3.

The permit applicant shall describe and agree to perform a program to assure cleanup of any trash or debris in the vicinity of the event.

4.

The permit may allow a waiver of the provisions of section 29.10.115(1) regarding flags, pennants or balloons provided no helium is used, no metallic ballons are used, and that the applicant can demonstrate that adequate precautions will be taken to protect the public health and safety.

b.

For large promotions:

1.

No more than one (1) large promotion shall be permitted on any zoning plot in any calendar quarter. At least a thirty-day interval shall separate large promotions.

2.

Applications for permit must be filed with the Town a minimum of fourteen (14) calendar days in advance of the event.

3.

The permit applicant shall describe and agree to perform a program to assure cleanup of any trash or debris in the vicinity of the event.

4.

The permit may allow a waiver of the provisions of section 29.10.115(1) regarding flags, pennants or balloons provided that no helium is used, no metallic ballons are used, and the applicant can demonstrate that adequate precautions will be taken to protect the public health and safety.

5.

The permit may allow a waiver of the rules limiting the placement, size and/or height of signs to allow a cold air inflatable device provided that the applicant can demonstrate that adequate precautions will be taken to protect the public health and safety, provide insurance, and indemnify the Town against any liability for the duration of the event in an amount equal to the minimum amount specified by Council policy.

6.

The permit may allow a waiver of section 29.20.185 restricting outdoor entertainment provided that any amplified sound will not exceed the limits specified by the Town's Noise Ordinance.

7.

The permit may allow for the provision of food either by sale or gift provided that the applicant can show by a written document that all food service complies with all health department regulations.

(Ord. No. 1890, § I, 2-18-92; Ord. No. 1922, § I, 11-2-92; Ord. No. 2149, § I, 5-1-06)

Fencing is not permitted in required front yards or required yards abutting a street in any nonresidential zone, except walls or fences not over three (3) feet high may be erected to screen on-site parking spaces from the street.

(Ord. No. 1316, § 4.40.050, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1337, 11-1-76)

Temporary facilities for the seasonal sale of Christmas trees or pumpkins are permitted in nonresidential zones, provided that a temporary certificate of use and occupancy is obtained from the Planning Director. Temporary facilities for the seasonal sale of Christmas trees or pumpkins shall not be required to meet the development standards of the zone. The Planning Director, upon receipt of an application to establish a temporary facility for the sale of Christmas trees or pumpkins, may issue a temporary certificate of use and occupancy subject to the following conditions:

(1)

The temporary certificate of use and occupancy shall be limited to a maximum of sixty (60) days and shall expire at the expiration of sixty (60) days from its date of issuance.

(2)

All temporary electrical facilities, temporary toilet and plumbing facilities, and temporary shelters or structures shall be approved by the Building Department and the Fire Department.

(3)

All signs and outdoor advertising material shall be subject to the standards of sections 29.10.105 through 29.10.140 and their size and location shall be subject to approval by the Planning Director.

(4)

The area used as a temporary facility for the seasonal sale of Christmas trees or pumpkins shall be left in a clean and orderly manner with all structures, signs, and other material removed prior to the expiration of the maximum sixty-day time limit.

(5)

Adequate off-street parking shall be provided for the temporary facility.

(6)

The proposed temporary facility shall not unreasonably interfere with or be detrimental to the public health, safety, and welfare.

(Ord. No. 1316, § 4.40.060, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1363, 8-1-77)

When a conditional use permit is granted for outdoor storage, the area for storage must be suitably screened from adjoining property by a wall, dense evergreen hedge of trees or other screen planting, or by a solid fence not less than six (6) feet high. Materials shall not be stored in such a manner as to project above the wall, planting or fence. This section shall not apply to any zoning approval issued under division 1 of article VII of this chapter relating to the storage of hazardous materials.

(Ord. No. 1316, § 4.40.070, 6-7-76; Ord. No. 1349, 3-21-77; Ord. No. 1363, 8-1-77; Ord. No. 1630, 11-19-84)

Small recycling collection facilities and vending machines may be permitted outdoors subject to the approval of the Planning Director and shall be subject to the following conditions:

(1)

The facilities cannot be located in any manner so as to decrease the number of required on-site parking spaces.

(2)

Vending machines and reverse vending machines are to be located indoors whenever possible and not more than two (2) of these machines are permitted outdoors unless grouped together within a common enclosure.

(3)

A trash receptacle is to be located within five (5) feet of any facility.

(4)

The machines and facilities must be maintained on a scheduled basis so as to ensure their general upkeep and cleanliness.

(5)

If a facility is proposed for a vacant lot, the lot must provide proper traffic circulation consisting of an all weather surface, including one (1) on-site employee parking space, and an adequate drop-off area.

(6)

The facility must be located at least fifty (50) feet from any residence.

(7)

The facility must provide for pedestrian circulation.

(Ord. No. 1316, § 4.40.075, 6-7-76; Ord. No. 1737, § III, 11-2-87)

(a)

A porte cochere may be permitted over a driveway in a side yard, provided that it is not more than one (1) story high and twenty-four (24) feet long, with supporting columns a minimum of three (3) feet from the side lot line with a maximum eave length of twelve (12) inches, and is entirely open on at least three (3) sides, except for the necessary supporting columns and customary architectural features.

(b)

Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys or other similar architectural features may extend or project into a required side yard not more than twenty-four (24) inches and may extend or project into a required front or rear yard not more than thirty (30) inches.

(c)

Open, unenclosed stairways, or landing places, not covered by a roof or canopy, may extend or project into a required rear yard not more than four (4) feet.

(Ord. No. 1316, § 4.40.080, 6-7-76; Ord. No. 1349, 3-21-77; Ord. No. 1363, 8-1-77; Ord. No. 2149, § I, 5-1-06)

(a)

The objective of the floor area ratio (FAR) is to assist in determining whether the mass and scale of the project is compatible with the surrounding neighborhood. The FAR is a nominal limit, not a goal, and shall be used in conjunction with the residential development standards adopted by resolution.

(b)

The FAR applies to those lots developed or proposed to be developed with a single- or two-family dwelling in all nonresidential zones. The following standards shall be used to regulate new construction:

(1)

The allowable FAR for all structures, excluding garages, shall be determined by the formula:

where:

FAR is the floor area ratio.

A is the net lot area in thousands of square feet (for example, 7,500 square feet is written as 7.5).

(2)

The allowable FAR for a garage shall be determined by the formula:

where:

FAR is the floor area ratio.

A is the net lot area in thousands of square feet (for example, 7,500 square feet is written as 7.5).

(3)

Any lot containing less than five thousand (5,000) square feet or more than thirty thousand (30,000) square feet shall be exempt from the floor area ratio limitations.

(c)

The deciding body may allow a FAR in excess of the FAR derived by the formulas in subsections (b)(1) and (2) above if it makes the following findings:

(1)

The design theme, sense of scale, exterior materials and details of the proposed project are consistent with the provisions of:

a.

Any applicable landmark and historic preservation overlay zone;

b.

Any applicable specific plan;

c.

The adopted residential development standards; and

(2)

The lot coverage, setbacks and FAR of the proposed project is compatible with the development on surrounding lots.

(Ord. No. 1316, § 4.40.090, 6-7-76; Ord. No. 1789, § VIII, 5-15-89)