All projects that require the additional use of or new facilities for essential services (including, but not limited to, sanitary sewers, water lines, storm drains, fire hydrants, public streets, street lighting and similar services, such as police and fire facilities, schools and/or other capital facilities) shall obtain preliminary approval as required by the agency providing such service prior to issuance of a building permit, or final land use permit if no building permit is required.

The nonavailability of essential services may be grounds for denying permits for additional development until such services are available. During any period of threatened or actual shortage of essential services that are provided by the City, the City shall have the right to apportion its available capacity among consumers in such manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety. Such apportionment shall grant priority to housing with units affordable to lower income housing.

The City is not obligated to extend or supply essential services if capacity is not available, obligated or reserved. If capacity is available, the extension of services shall be made by, and at the cost of, the developer.

All service extensions shall be designed and installed in full conformance with City standards or the standards of the providing agency, as appropriate.

All service extensions shall be subject to review, permit and inspection as required by other policies or ordinances of the City or the service provider.

Minimum Standards. The following minimum design standards shall apply to all new residential development in the City:

Design Considerations. In considering the design plans for all nonresidential development and residential development, the following design considerations shall be evaluated:

Policy Statement. All sections of a lot not devoted to buildings, decks, patios, and similar improvements, sidewalks, lighting, signing, trash collection, parking, and/or driveway improvements shall be landscaped in accordance with the provisions of this title.

Water Conservation Encouraged. In order to encourage water conservation, nonvegetative (decorative gravel, bark, etc.) treatments, the planting of native or drought-tolerant landscape materials, and use of water-efficient irrigation systems are encouraged.

Location of Screening. Whenever any nonresidential use immediately abuts a residential zoning district, and is not separated by an alley, a solid nonliving screen shall be required along the mutual property line(s).

Protection from Vehicle Damage. Whenever required landscaping or screening is adjacent to parking areas or driveways, such landscaping or screening shall be protected by a concrete curb, wheel stop or other suitable type of barrier.

Solar Access. When trees are incorporated into an approved landscape plan, they shall be planted in such a manner so as to maximize the provision of sunlight to on-site and off-site windows and/or solar collectors.

Visual Obstructions. When placed within or immediately adjacent to a dedicated public right-of-way, no landscape or screening material shall be permitted to obstruct clear vision so as to create a potential traffic hazard.

Maintenance. Landscaping, fences and screening shall be maintained in accordance with Chapter 8.02 NCC.

Size of Trees. In order to achieve immediate effect, all trees which are planted on the street side(s) of a newly developed lot shall be transplanted from 15-gallon or larger size containers; or as prescribed by the Director of Public Works (in accordance with Chapter 11.04 NCC).

Inspection Prior to Occupancy. When a landscaping plan has been required, all landscaping shall be installed and inspected by a representative of the Public Works Department before any use or occupancy of a building or site.

With the exception of single-family detached and duplex residences, all outdoor storage facilities for fuel, raw materials, trash and/or waste products shall be enclosed by a four sided screened fence or wall, or combination thereof, so as to completely conceal such facilities from surrounding land uses.

All outside areas used for the storage of trash shall be constructed with a concrete floor and proper surface drainage.

Where associated with a commercial land use, such areas may also be required to provide a hot water hose bib, floor drain, and City standard grease trap to allow cleaning of the storage cans and trash area.

All waste products temporarily stored outdoors shall be placed within closed containers capable of preventing their transfer outside the enclosure area or off the site.

Trash enclosure facilities shall not be allowed in a required front yard unless there are no other reasonable alternatives and a proposal is approved by the Planning Director.

The minimum required size of a trash enclosure area shall be based on the nature of the proposed use or uses, and shall measure at least eight feet by 10 feet, unless an alternative design is approved by the Planning Director.

No property shall be maintained so as to allow an accumulation of trash, garbage or waste in excess of 100 cubic feet for a period of more than 10 days.

Purpose. To permit under certain specific circumstances exceptions to the requirements of this chapter.

Height Limits. In general, the height limitations established by this title shall not apply to:

Design. The Planning Commission may require appropriate design changes or that an architectural review application be submitted and approved for any of the height exceptions listed above.

Projections Into Required Setback Areas. The following shall be permitted to project into a required setback area:

Ground-Level Decks. An unenclosed ground-level deck may extend or project not closer than three feet from a side yard or rear yard property line, and not more than six feet into the required front yard setback area.

Gazebos. Gazebos and similar structures (such as solid patio shades) shall be considered accessory buildings and subject to the specific requirements contained elsewhere in this title.

Interpretation. The provisions of this section shall not be interpreted so as to alter any minimum front, rear or side yard setbacks as otherwise required by this title.

Manufactured housing, as defined by this title, shall be permitted within all residential zoning districts when the following findings can be made:

No building, whether now in use or formerly used for residential, commercial, or industrial purposes, shall be permitted to be physically moved from a lot within Newman, or from a lot outside the City, to a lot within the City, unless said building and its placement is on a legal lot of record and in compliance with all minimum requirements of the zoning district in which it is to be located.

Upon application for a certificate of occupancy to move a building, the Building Official shall refer said application to the Planning Director.

The Planning Director shall review the proposal for compliance with this title and shall recommend approval, conditional approval or denial of the certificate of occupancy application based on zoning requirements.

The Building Official shall be responsible for making an inspection of the building to be moved, and prepare a report concerning the integrity of such building and any improvements which will be required to be made.

The Building Official may deny a certificate of occupancy application if, in his opinion, the construction, age, or condition of the building to be moved raises doubts as to its structural integrity, or, if the proposed building to be moved is sufficiently heavy to cause damage to any street or pavement within the City.

Prior to recommending approval or conditional approval of a certificate of occupancy, the Planning Director shall determine that the moving of said building will have no detrimental effect on the living environment of the surrounding neighborhood from which the building is moved and to where the building is to be moved, or upon the property values in said neighborhoods. In making such a determination, the Planning Director may require review and approval of the architectural plans for said building by the Planning Commission.