This chapter shall be known as the "zoning ordinance of the city" and is adopted to preserve, protect, and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, the chapter is adopted to achieve the following objectives:

(1)

To provide a specific plan so as to achieve, progressively, the general arrangement of land uses depicted in the general plan.

(2)

To foster a wholesome, serviceable and attractive living environment, the beneficial development of areas which exhibit conflicting patterns of use, and the stability of existing land uses which conform with objectives and policies of the general plan.

(3)

To prevent excessive population densities and overcrowding of land with structures.

(4)

To promote a safe, effective traffic circulation system, the provision of adequate off-street parking and truck loading facilities, and the appropriate location of community facilities.

(5)

To protect and promote appropriately located commercial and industrial activities, in order to preserve and strengthen the city's economic base, protect and enhance real property values and the city's natural assets.

(6)

To ensure unimpeded development of such new urban expansion that is logical, desirable and in conformance with objectives and policies of the general plan.

(Code 1980, § 20-1.1; Ord. No. 84-08, A 1, § 101)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abut or abutting means contiguous or the same as adjoining.

Access or access way means the place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this chapter.

Accessory building means a building or structure which is subordinate to and the use of which is incidental to and detached from the main building, structure or use. An accessory building may be located on an adjacent lot.

Accessory dwelling unit means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. It shall include the following:

(1)

An efficiency unit, as defined in Health and Safety Code § 17958.1; and

(2)

A manufactured home, as defined in Health and Safety Code § 18007.

Accessory use means a use incidental and subordinate to the principal use established on the same lot.

Air space condominium means a freehold estate in which the space bounded by and contained within the interior surfaces of the perimeter walls, floors, ceilings, windows and doors of each separate unit, each of such space being defined as a "unit." Each unit includes both the portions of the building to be otherwise described and the airspace so encompassed, but the following are not part of a unit: bearing walls, columns, floors, roofs, foundations, reservoirs, tanks, pumps, and other central services, pipes, ducts, flues, conduits, wires and other utility installations wherever located, except the outlets thereof when located in the unit. The ownership also includes an undivided interest in common area. The common area includes all the area of an approved plan except the unit. (See Condominium.)

Airport means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.

Alley means a passage or way open to public travel which generally affords a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation.

Animal hospital means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-term boarding and shall be an accessory use to such hospital use.

Animal shelter oranimal care facility means a place where animals are boarded or held.

Apartment means a room or suite of two or more rooms with a single kitchen in a multiple-unit dwelling, occupied or suitable for occupancy as a residence for one family.

Approval authority means city staff or planning commission or city council.

Automobile dismantling orautomobile wrecking means the dismantling or wrecking of vehicles, including parts or components thereof, and the storage of dismantled or wrecked inoperative vehicles (including motor vehicles' wrecking yards).

Automobile, inoperative, means any vehicle which is unable to be moved under its own power, except a trailer, or has parts removed or damaged which would render it unmovable under its own power.

Automobile motor home, trailer orcamp trailer means any vehicle or structure used for living or sleeping purposes and equipped with wheels or other means to facilitate movement from place to place, and under 40 feet in length.

Automobile service station means an establishment providing gasoline, oil, and other additives, and performing minor repairs and other customary repairs for automobiles and light vehicles, but excluding painting, body work, steam cleaning and major repairs.

Basement means that portion of the building between the floor and ceiling which was more than 50 percent below the natural or finished grade of the exterior ground surface.

Block means the properties abutting one side of a street and lying between intersections or between an intersection and the end of a street.

Boardinghouse, bed and breakfast orlodginghouse means other than a hotel, motel, or dormitory where, for compensation for days, weeks or greater term, table and board is provided. Meals may be furnished to the lodgers and to no other persons.

Borrow pit means the same as quarry.

Breezeway means a roofed passageway, designed and used only to connect two or more otherwise separate buildings and permanently open along at least one of its sides.

Building means any structure having a roof supported by columns or by walls and intended for a shelter, housing or enclosure for persons, animals or property of any kind.

Building, accessory, means a detached building housing a permitted accessory use, located on the same parcel as the main building, provided that, if the same is attached to a main building by a common wall or roof, it shall be deemed to be a part of such main building.

Building facade means that portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves.

Building or structure height means the vertical distance from the average finished grade of the lot to the highest point of the building or structure.

Building line means a line which establishes setback from front, rear, and side property lines over which no portion of a building or structure shall encroach except the roof line, which roof line shall in no case extend over the property line.

Building, main, means a building within which is conducted the principal or main use on a parcel; where permissible use involves more than one structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on the parcel, as defined in this chapter, shall be construed as constituting a main or principal building.

Building site means:

(1)

The ground area of one parcel; or

(2)

The ground area of two or more parcels when used in combination with a building or group of buildings together with all open spaces as required by this chapter.

Business, retail, means any establishment wherein the retail sale of any article, substances, or commodity takes place.

Business, wholesale, means any establishment wherein the wholesaling of any article, substance or commodity takes place.

Camp, public, means land or premises used or intended to be used, let or rented for camping purposes.

Camper means a structure designed to be mounted upon or towed by a motor vehicle to provide facilities for temporary habitation or camping purposes. In no event shall a camper be used for human habitation outside of a recreational facility designed for such use.

Carport means a permanent roofed structure not completely closed by walls or doors and used for shelter or storage of vehicles owned or operated by occupants of the main building.

Carwash means any commercial automatic car wash, coin-operated, or two or more hand washing stalls having no fuel sales.

Cellar. See Basement.

Cemetery, human, means land used or intended to be used for human cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.

Cemetery, pet, means land used or intended to be used for pet cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.

Certificate of acceptance means a written statement indicating that the construction of a project conforms to the site plan approved. It may be unified in the certificate of occupancy.

Change in use (or intensity of use) means a discontinuance of an existing use and substitution thereof of a use of a different kind or class.

Child care center means a facility with an organized daytime program for the supervision and care of children, who are not related to the person operating such facility, licensed as such by the state.

Church means any building set apart for the purpose of worship.

Clinic or medical center means a place for group medical services not including overnight housing of patients.

Club or lodge means a nonprofit membership institution established for social, cultural, civic or similar purposes.

College means a school for vocational, technical or professional instruction.

Communication equipment building means a building housing operating electrical and mechanical equipment utilized in conducting a public utility communication operation.

Commercial office means a room or building where a particular kind of commercial business or services for others is transacted, including real estate, insurance, telegraph, utility, travel bureau, etc.

Commercial recreation means any place of amusement erected or maintained for amusement or entertainment purposes where the public or members are invited or allowed to attend or assemble, except city, county or state parks and recreation facilities. Although not intended to be specifically limited thereby, examples of commercial recreation are carnivals, side shows and circuses, wherein feats of horsemanship, trained animals, clowns, acrobats or trapeze performers or amusement devices, games or other forms of skill or amusement are exhibited, bowling alleys, golf courses or private tennis centers, billiards and pool halls, theaters, private stadiums and recreation areas. Commercial recreation does not include card rooms.

Community clubhouse means a building containing facilities for private or public neighborhood civic and social activities, when operated for and used by property owners in the vicinity, excluding any place where membership or use is on any other basis than residence in the neighborhood, or where the chief activity is one customarily carried on as a business.

Condominium means an estate of real property consisting of an undivided interest in common in a portion of a parcel of real property together with the separate interest in space in a residential, industrial or commercial building or such real property, such as a residential apartment, apartment house, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. (See Air space condominium.)

Conforming building means a building which wholly meets the requirements of the building code and zoning ordinance as they pertain to residential, commercial or industrial developments.

Convalescent home and rest home mean premises used for the housing of and caring for, the ambulatory, aged or infirm, and which premises require a license from the state or the county. The convalescent home usually does not have a physician residing on the premises and usually does not provide for surgery or other similar activities which are customarily provided in sanitariums or hospitals.

Court means an open space on a lot other than a yard or carport designed to be partially surrounded by dwellings.

Coverage means that percentage of a lot or building site which is covered or occupied by any building or aboveground structure regardless of whether such building or structure is intended for human occupancy, the remainder being open space.

Day care nursery or center means any premises for the providing of care for pre-elementary school age children during daytime hours, including parent cooperative nursery school, play groups for pre-school children, afterschool care for school children, providing such establishment is institutional in character and is licensed by the state or county and conducted in accordance with state requirements.

Dedication means the setting aside of land for some public use by an owner or developer and its acceptance by the city or affected agency.

Density means the number of units allowed to be built upon an acre of land or individual site.

District means land area as shown or described on the land use district maps which are an integral part of this title, and to which the regulations of this title apply. The term "district" shall have the same meaning as zone or zoning district.

Dormitory means a building used partially for sleeping and eating accommodation and where such facilities are related to educational or public institutions including religious institutions, fraternities or sororities.

Drive-in or drive-through restaurant means a restaurant which provides service directly to the motorist either for consumption upon the site or elsewhere, including establishments whose customers may serve themselves.

Dump means a place used for the disposal, abandonment, discarding, dumping, reduction, burial, incineration or by any other means, of any garbage, trash, refuse, waste material (other than hazardous materials as defined by the state).

Dwelling unit means one or more rooms, with facilities for living, sleeping, cooking and eating, designed for occupancy by one-family and shall include bachelor or efficiency units.

Dwelling, multiple, means a building, or portion thereof, designed for occupancy by two or more families living independently of each other with each dwelling unit provided with kitchen facilities.

Educational institutions means public and private institutions conducting regular academic instruction at primary, secondary or collegiate levels; and including graduate schools, universities, nonprofit research institutions. Such institutions must either:

(1)

Offer general academic instruction equivalent to the standards prescribed by the state board of education;

(2)

Confer degrees as a college or university of undergraduate or graduate standings;

(3)

Conduct research or religious instruction; or

(4)

Give religious instruction.

The term "educational institutions" does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.

Electrical transmission substation means an assembly of equipment which is part of a system for the transmission of electric power.

Emergency shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

Employee housing means housing as described, defined, and regulated by the Employee Housing Act, Health and Safety Code § 17000 et seq. Employee housing for up to six persons per dwelling is permitted in the R-1 (single-family residential) zone, and in the RM (multiple family residential) zones, subject to density standards of the particular zone. In the UR (urban reserve) zone, employee housing is permitted for up to 12 units or 36 beds.

Employee housing, temporary, means a temporary use of land for employee housing in service to the city or Naval Air Weapons Station China Lake.

Establishment means a business or professional firm, organization, or entity that is the sole occupant of all or a portion of the space on a site or in a building.

Family means one person living alone, or a group of two or more persons living together, whether or not related to each other by birth.

Fence means a physical barrier which includes, separately or in combination, wire mesh, steel mesh, chain link, louvered wood, stake, concrete material, and other similar materials. The term "fence" does not include plastic materials.

Festival, fair, orcarnival means a temporary public or commercial gathering where entertainment, food, crafts, etc., are offered for viewing or sale. Gatherings on public property under the sponsorship or control of the city or state are excluded.

Floor area or gross floor area means the entire floor area of a building. Said floor area includes not only the ground floor area but also any additional stories or basement of said building. All horizontal dimensions shall be taken from the exterior faces of walls, including enclosed porches.

Frontage means the property line of a site abutting on a street, other than one side line of a corner lot.

Garage means a fully enclosed accessory building or a portion of the principal building for the storage of passenger vehicles, boats or trailers owned by the persons, residents of the premises.

Garage, repair, means a structure, or portion thereof, for the minor or major commercial repair of automobiles and other vehicles as defined herein.

Garage, storage, means any structure used primarily for the storage of vehicles. This use is usually commercial in nature.

General plan means the projected growth plan for the city which includes a statement of development policies and includes a diagram and text setting forth objectives, principles and plan proposals, includes the various elements adopted by the city council.

Guest house (accessory living quarters) means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit.

Guest room means a room which is designed to be occupied by one or more guests for sleeping purposes and not rented or otherwise used as a separate dwelling unit.

Helipad means any helicopter landing areas in the heliport except the appurtenant facilities.

Heliport means any helicopter land area used, designed, or intended to be used for the receiving or discharge of passengers or cargo; also included are any appurtenant facilities for passengers, cargo or for the service or repair, shelter or storage of helicopters.

Hedge means a plant or series of plants, shrubs or other landscaping materials, so arranged as to form a physical barrier or enclosure.

Home occupation means any use or occupation conducted or carried on by the occupant of a dwelling, which is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof.

Hospital means an institution providing physical or mental health service, inpatient or overnight accommodations and medical and surgical care of the sick or injured.

Hotel means a building, or portion of a building, with access provided through a common entrance, lobby or hallway to six or more guest rooms, usually designed to be rented or hired out as temporary or overnight accommodations for guests, but, in some cases, contain permanent residents.

Junior accessory dwelling unit means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

Junkyard means any parcel, or use of any portion of any parcel, for the dismantling or wrecking of machinery, or for the storage or keeping of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk including scrap metal or other scrap materials, including any area of more than 200 square feet for the storage or keeping of junk, including scrap metals, used lumber, paper or other scrap materials, dismantling or selling of castoff or salvage materials of any sort.

Kennel means any lot or premises on which four or more dogs and/or cats, four months of age or older, are kept, boarded or trained with or without special buildings or runways.

Kitchen means any room or part of a room which is designed and/or used for cooking and the preparation of food.

Landscaped area means land set aside exclusively for shrubs, flowers, trees, and/or other landscaping material so as to enhance the natural beauty of any given area where landscaping is required.

Landscaping means the planting and/or placement and maintenance of a combination of suitable ornamental material and/or vegetation within the landscaped area. The design may include a combination of natural features such as rocks, stones, wood fences, walls, benches, and live plant material.

Laundromat, self-service laundry means any establishment for laundering which uses automatic washers and dryers or extractors where there is not pickup and delivery service and no steam or hand laundry of any type. Generally the machines are coin-operated.

Live/work use means a dwelling unit with a separate living space attached to a work space within the same structure. The work space and the living space must be occupied by the same tenant.

Loading space means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading. It shall have appropriate means of ingress and egress to a public street or alley.

Lot, site orparcel means:

(1)

Land occupied or to be occupied by a use, building or group of buildings, and accessory buildings together with such yards, open spaces, lot width, depth and area as are required by this title, and fronting upon a dedicated street;

(2)

A single parcel of land for which a legal description is filed or recorded or the boundaries of which are shown on a subdivision map or parcel map filed in accordance with the city's subdivision ordinance (chapter 105) and the State Subdivision Map Act;

(3)

Two or more abutting lots or parcels which when combined and used as though a single lot or parcel.

Lot or site area means the total of the lot area, measured in a horizontal plane, within the lot lines of a lot including easements but exclusive of streets, highways, roads and alleys.

Lot, corner, means a lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees.

Lot depth means the minimum horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

Lot, double frontage orthrough, means any interior lot having frontage on two parallel or approximately parallel streets. For the purpose of determining front yard requirements, each frontage from which access is permitted shall be deemed a front lot line.

Lot, flag, means a lot or parcel of land where the major portion of the lot area is removed from the street with access provided by a narrow portion of the lot which, when measured along the lot width on the street, is considerably less than the lot width requirements of the zoning district.

Lot, width, means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Lot line, front, shall mean:

(1)

In the case of an interior lot, a line separating the lot from the street.

(2)

In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.

Lot line, rear, means a lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular, or cone shaped lot, the rear lot line means a line not less than ten feet in length within the lot which is most parallel to the front lot line, at the maximum distance from the front lot line.

Lot line, side, means any lot line not a front lot line or a rear lot line.

Manager/caretaker residence unit means a dwelling unit for a person who is employed (compensation may be in the form of free housing), including an owner or manager to watch over and perform routine maintenance of a ranch, home, or business. The term "manager/caretaker residence unit" means one accessory structure or attached unit, used to accommodate persons who take charge of or care for the principal use of the lot upon which the dwelling is constructed. Said dwelling may contain one kitchen or cooking facility, living and sleeping quarters, and shall be limited in floor area to a maximum of 20 percent of the total floor area of the existing primary use not to exceed a total of 1,200 square feet of living area. A garage for residential purposes not exceeding 360 square feet may be attached to the structure.

Manufacturing means the making of goods and products by hand or machinery.

Marquee sign means a sign attached to a marquee.

Metal buildings means any building larger than 200 square feet in area if the exterior of the structure is comprised of 50 percent or more metallic building materials visible from the ground that have not been modified or augmented to emulate alternate building materials (stucco, wood siding, brick, etc.).

Mobilehome means a vehicle, other than a motor vehicle, designed and equipped to contain one or more dwelling units to be used with or without a permanent foundation and which is in excess of 12 feet in width and not less than 480 square feet.

Mobilehome access drive means a private thoroughfare which affords internal circulation for a mobilehome park.

Mobilehome park means any lot or parcel of land designed for, used or intended to be used for the placement of mobilehomes or modular homes for residential occupancy regardless of whether or not a charge is made for such accommodation, including recreation and accessory facilities serving the residents thereof.

Mobilehome space means a plot of ground within a mobilehome park, abutting one or more access drives, designed for the accommodation of one mobilehome.

Motel means one or more buildings containing guest rooms or dwelling units, with one or more such rooms or units having a separate entrance leading directly from the outside of the building or from an inner court or hallway. Such facilities are designed, used or intended to be used, rented or hired out for temporary or overnight accommodations for guests. The term "motel" includes auto court, motor lodge, tourist court and motor hotel.

Nonconforming use or structure means a use, building or structure that does not conform to all the regulations of the zone in which it is located but which was legally established, built or altered in compliance with the ordinances and codes in effect at the time said use, building or structure was established.

Nursing and convalescent home means a facility providing bed care, or chronic or convalescent care, for persons who, by reason of illness, physical infirmity, or age, are unable to properly care for themselves. A facility shall be deemed to be a nursing or convalescent home for the purpose of this chapter, notwithstanding the designation applied to the facility by its proprietors, or any federal, state or local regulatory agency, such as hospital or rest home, so long as the facility provides care as herein described, and does not qualify as a hospital, as defined in this section.

Off-street parking area means an open area other than alley or loading facility used for the temporary parking of motor vehicles and available for public use whether free, for compensation, or as an accommodation for tenants, clients or customers.

Outdoor advertising structure means any structure of any kind or character erected or maintained for outdoor advertising purposes upon which any advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced. (See also Billboard.)

Outdoor sales means the sale of items outside a building, where such items are visible from a public right-of-way or neighboring property.

Overlay zone means a zone applied in combination with other zone districts in order to impose additional restrictions or to allow greater variety than is possible with the underlying zone.

Parapet means a wall at the edge of the portion of the roof, of sufficient height behind which roof-top equipment, where provided, would be screened from public view of those at ground level and measured from a reasonable distance from the building walls.

Parking area, private, means an open area, other than a street, alley or access drive, used for parking of vehicles and restricted from general public use. Such areas shall have frontage on or access to a dedicated street or alley.

Parking area, public, means an open area, other than a private parking area, street, alley or access drive, used for the parking of vehicles and available for public use either free or for remuneration. Such areas shall have frontage or access to a dedicated public street or alley.

Parking district means a parking area maintained by a special district or city government.

Parking garage means a structure or building designed and maintained exclusively for the temporary parking or storage of motor vehicles and available for public use whether free, for compensation, or as an accommodation for tenants, clients or customers.

Parking space means an accessible space within a building, parking area or parking garage for the temporary parking or storage of one motor vehicle exclusive of streets, alleys, driveways, aisles and the area of egress or ingress and having public access to a public street or alley.

Pre-existing use means a use that may or may not be a nonconforming use.

Primary or principal use means the primary or predominant use of any lot, building or structure.

Processing means when used in reference to a commercial or industrial use, one or more acts or operations which have the effect of changing the form of a product or material, so as to render the same more saleable or usable.

Professional office means an office maintained and used as a place of business, conducted by persons engaged in the recognized professions, including, but not limited to, accountants, architects, attorneys, chiropractors, optometrists, physicians and surgeons, writers, musicians and artists.

Public utility service yard means an area for the storage of public utility vehicles and materials and office facilities for installation, maintenance and construction personnel.

Quarry or borrow pit means any place on a parcel of land where topsoil, subsoil, sand, gravel, rock, clay or similar material is removed by excavation.

Quasi-public means a building or use, other than a public building or use, which serves a recognized community function and is not operated for profit.

Recreation, commercial, means recreation facilities operated as a business and open to the general public for a fee. Public recreation facilities that charge a fee are not included.

Recreation, public, means publicly owned or operated recreation facilities that may or may not charge a fee.

Recreation vehicle means a trailer or self-propelled vehicle other than a mobilehome, as defined herein, intended for travel on a public highway and designed or arranged as a dwelling but not used for permanent habitation.

Residence means a building used, designed, or intended to be used as a home or dwelling place for one or more families.

Residential care home means a state authorized, certified or licensed family care home or foster home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children on a 24-hour basis.

Restaurant means a public eating place which is regularly and in a regular manner used and kept open for the serving of meals to guests for compensation.

Roadside stand or roadside business means the temporary use of the property for the display or sale of products, including sidewalk sales, parking lot sales, fireworks stands, Christmas tree sale lots or other sales or exhibits excluding those of a nonprofit nature.

Room means an unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways and service porches.

Sanitarium means the same as the term "hospital."

Screening means a continuous fence, supplemented with landscaping or a continuous wall, evergreen hedge, or combination thereof, that effectively screens the property which it encloses, and is at least six feet high and is broken only for access drives and walks.

Service station means a place maintained for the sale of gasoline, lubricant and/or vehicular equipment, and providing maintenance service, but excluding vehicle sales and repair, engine overhauling, body and fender shops, paint shops, garages, storage of vehicles, sales of goods not related to the use of the automobile, or other similar activities.

Setback line means a line over which no portion of a building or structure including covered porches shall encroach, except the roof lines, which in no case shall extend over the property line or into a public utility easement.

Sign means any name, identification, description, symbol, display, illustration, or device, including any structure, component parts and paint, in view of the general public and which directs attention to a product, place, activity, person, institution or business.

Single room occupancy unit (SRO) means a facility providing dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 400 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.

Site plan means a detailed plan of development or improvement which must be reviewed and approved by the city prior to the issuance of a building permit. The site plan shall show the manner in which the applicant proposes to make use of the property.

Stable, private, means an accessory building for the keeping of horses, mules, or burros, not kept for remuneration, hire or sale.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

Street means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property. The term "street" includes all major and secondary highways, traffic collector streets and local streets. A street may also be privately owned.

Street line means the boundary line between the street right-of-way and the abutting property.

Structural alteration means any changes in the supporting members of a building or structure such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters or changes in the exterior dimensions of the building.

Structure means anything constructed or erected on the ground, or which requires location on the ground, or is attached to something having a location on or in the ground, but not including fences or walls used as fences seven feet or less in height. The term "structure" does not include uncovered swimming pools or concrete slabs.

Structure, temporary, means a structure which is readily movable and used, or intended to be used, for a limited period.

Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist 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.

Supportive services include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

Target population means persons with low incomes who have one 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 Act (Welfare and Institutions Code division 4.5, commencing with section 4500) 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.

Trailer park or camp means any area or premises where space for house trailers is rented, held for rent or on which free occupancy or camping is permitted to house trailer owners or users, but not including automobile or trailer sales lots, on which unoccupied house trailers are parked for inspection and sale.

Transition zone means any area of mixed usage which is within a sphere of influence of commercial establishments.

Transitional housing means 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 months from the beginning of the assistance.

Use means the purpose for which land or a building or structure is designed, arranged or intended, or for which either land or a building is, or may be occupied, maintained, let or leased.

Use, permitted, means a standard use that is established for a zoning district and listed as a permitted land use. It is also the accepted purpose or use for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered, or enlarged, or for which either a site or structure is or may be occupied and maintained.

Use, conditional, means a deviation from the general standard established for a district, but essentially desirable in character to be compatible in some instances when located with permitted uses.

Wall means any structure or device forming a physical barrier, which is constructed so that it is opaque. The term "wall" includes concrete block walls, wood, or other materials that are solid and are so assembled as to form a barrier.

Yard means an open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this chapter, including a front yard, side yard, rear yard, or space between structures.

Yard, front, means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front lot line or planned street line in a line parallel or tangent thereto on the site.

Yard, rear, means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto on the site.

Yard, side, means a space extending from the front yard, or from the front line where no front yard is required by this chapter, to the rear yard, or rear lot line where no rear yard is required by this chapter between a side lot line and the side yard setback line.

Zero lot line means the provisions of this Code in which dwelling units may be placed on the side yard property lines in R-1, R-2, R-3 and R-4 residential districts, with a common wall between adjacent units or a single wall placed on the property line, provided there is a permanent easement on the adjacent parcel for maintenance of the zero lot line wall.

(Code 1980, § 20-1.2; Ord. No. 84-08, A 1, § 102; Ord. No. 89-16, § 3; Ord. No. 91-12, § 3; Ord. No. 92-10, § 4; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 13-03, § 4; Ord. No. 15-03, § 3; Ord. No. 20-03, § 2, 7-1-2020; Ord. No. 21-07, §§ 2, 3, 8-4-2021; Ord. No. 21-01, § 2, 2-3-2021; Ord. No. 24-05, § 2, 5-1-2024)

This chapter and the various parts, sections, subsections and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the chapter shall not be affected thereby. Whenever any condition or limitation is included in an order authorizing a planned unit development or any conditional use permit, variance, zoning compliance permit, certificate of occupancy, site plan approval or designation of a nonconformance, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this chapter and the requirements of some provision hereof, and to protect the public health, safety and welfare, and that the officer or body would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.

(Code 1980, § 20-1.3; Ord. No. 84-08, A 1, § 103)

Whenever regulations or restrictions imposed by this chapter are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule or regulation, the regulation, rules or restrictions which are more restrictive or which impose higher standards or requirements shall govern. Regardless of any other provision of this chapter, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation.

(Code 1980, § 20-1.4; Ord. No. 84-08, A 1, § 104)

Any administrative decision made under the provisions of this chapter shall be such that the result will not be contrary to the spirit and purpose of this chapter or injurious to the surrounding neighborhood or the community as a whole.

(Code 1980, § 20-1.5; Ord. No. 84-08, A 1, § 105)

No structure shall be constructed, erected, placed or maintained and no land uses commenced or continued within the city except as specifically or by necessary implication is authorized by this chapter. Conditional uses are allowed only on permit granted by the city. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized except as prohibited specifically or by necessary implication.

(Code 1980, § 20-1.6; Ord. No. 84-08, A 1, § 106)

(a)

Except as otherwise provided herein, land, building and premises in any district shall hereafter be used only in accordance with regulations herein established for that district. Every department and employee of the city authorized to issue permits or licenses affecting the use or occupancy of land or of a structure shall comply with the provisions of this chapter. Where any action or referral on an appeal as required by this chapter, no such permit or license shall be issued unless and until such an action has been taken and the time within which an appeal could have been taken has expired.

(b)

If any proposed structure, use or occupancy for which a permit or license is sought conforms with this chapter in all aspects, the application therefor may be approved as to zoning; otherwise it shall be denied.

(c)

Any permit or license hereafter issued contrary to the provisions of this chapter shall be void and of no effect.

(Code 1980, § 20-1.7; Ord. No. 84-08, A 1, § 107)

The provisions of this chapter shall be held to be minimum requirements. Except as specifically herein provided, it is not intended to repeal, abrogate, annul or in any way impair or interfere with any existing law or ordinance of the city, or any easement, covenant or other agreement between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height or bulk of buildings, or requires larger building site area, yards or open spaces than are imposed or required by any such other law, ordinance, easement, covenant or agreement, then the provisions of this chapter shall control.

(Code 1980, § 20-1.8; Ord. No. 84-08, A 1, § 108)

The provisions of this chapter, to the extent that they are substantially the same as those in prior effect relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. No substantial property right accrued, or action or proceeding commenced prior to the effective date of the ordinance from which this chapter is derived is affected by the provisions hereof, but all procedures hereafter taken shall conform to the provisions of this chapter.

(Code 1980, § 20-1.9; Ord. No. 84-08, A 1, § 109)

(a)

No building, or structure, or lot hereafter shall be used or occupied, and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the zone in which it is located and then only after securing all permits and licenses required by law and ordinance.

(b)

No building or structure hereafter shall be erected or altered to exceed the height, to accommodate or house a greater number of families or persons, to occupy a greater percentage of lot area, or to have narrower or smaller rear yards, front yards, or side yards than is specified herein for the zone in which such building or structure is located, except as provided.

(Code 1980, § 20-3.1; Ord. No. 84-08, A 3, § 301)

Any building or structure for which a building permit or other entitlement has been issued or granted prior to the effective date of the ordinance from which this chapter is derived may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commenced within 120 days after the issuance of said permits and diligently pursued towards completion.

(Code 1980, § 20-3.2; Ord. No. 84-08, A 3, § 302)

The existing uses of all buildings improved on premises not in conformity with the standards or requirements of the zone in which they are located, and which uses are lawfully existing may continue as nonconforming uses as hereinafter defined and subject to this section regulating such nonconforming uses.

(Code 1980, § 20-3.3; Ord. No. 84-08, A 3, § 303)

Uses that are not specifically listed by this chapter in the purpose or uses permitted or uses conditionally permitted sections of each article are specifically prohibited, except by the amendment of this chapter.

(Code 1980, § 20-3.4; Ord. No. 84-08, A 3, § 304)

(a)

Any uses of any sort that are in violation of any zoning regulations upon the effective date of the ordinance from which this chapter is derived and in violation of the provisions of this chapter shall not be deemed to have acquired the status of a nonconforming use by reason of the adoption of the ordinance from which this chapter is derived. The same shall be deemed to be a continued violation thereof.

(b)

Any variance or permit of any kind and any nonconforming use now existing pursuant to any zone classification repealed by this chapter shall continue under the applicable new zone classification as a nonconforming use, but shall not be extended, expanded or enlarged in any way whatsoever.

(Code 1980, § 20-3.5; Ord. No. 84-08, A 3, § 305)

Where any provisions of this chapter impose more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern; provided, however, that where a subdivision has been approved by the planning commission and/or the city council under the provision of the subdivision ordinance (chapter 105), then the approved standards for streets and highways, alleys, easements, blocks, lots, yards, pedestrian ways and access shall be considered as the requirement of the zoning ordinance (this chapter).

(Code 1980, § 20-3.6; Ord. No. 84-08, A 3, § 306)

Upon application or on its own initiative, the planning commission may add or delete a use to the list of permitted or conditional uses if the commission makes all of the following findings:

(1)

That the addition to or deletion from the list of permitted or conditional uses will further the purposes of the district in which the use is proposed to be added or deleted.

(2)

That the use has or has not the same basic characteristics as the uses permitted in the district and is not less restrictive.

(3)

That the use can or cannot be reasonably expected to conform with the required conditions prescribed for the district.

(4)

That the addition of a use will not be detrimental to the public health, safety or welfare.

(5)

That the addition of a use will not create more vehicular traffic than the volume normally created by any of the uses allowed in the district.

(6)

That the addition of a use will not adversely affect the character of any district in which it is proposed to be allowed.

(7)

That the use conforms with the general plan.

(8)

That the addition of a use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by any of the other uses allowed in the district.

(9)

That the addition of a use will not create any greater hazard of fire or explosion than the hazards normally created by any of the uses allowed in the districts. When a use has been added to a list of permitted or conditional uses in accordance with the procedure prescribed in this chapter, the use shall be deemed to be listed as a permitted or conditional use in the appropriate section and shall be added to the text of that section of this chapter when it is next published, with a notation of the date when the use was added to the list.

Any interested party may appeal the decision of the planning commission to the council. The appeal shall be made in writing within five working days of the planning commission's decision and shall be accompanied by a fee as set by council. Council may sustain, amend or disapprove the action of the planning commission.

(Code 1980, § 20-3.7; Ord. No. 84-08, A 3, § 307; Ord. No. 86-06, § 2)

Except where otherwise provided for in this chapter, every structure or building shall face or have frontage upon one of the following:

(1)

A dedicated and improved street;

(2)

An improved common parking lot approved by the city; or

(3)

Other permanent access at least 12 feet wide to a street by a public easement or passageway other than an alley.

(Code 1980, § 20-3.8; Ord. No. 84-08, A 3, § 308; Ord. No. 86-06, § 3)

No structure or part thereof shall be erected, reconstructed or structurally altered in excess of height limits hereafter designated for the zone in which such structure is located except as follows:

(1)

Farm buildings or structures, provided that these are not less than 50 feet from every lot line, church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, distribution and transmission towers, line and poles, chimneys, smoke stacks, flag poles, radio towers, masts and aerials, provided that they are safely erected and maintained.

(2)

Upon application for a conditional use permit, height limits may be increased for buildings to a height not exceeding 75 feet when set back an additional foot on all sides for each foot above that permitted.

(3)

An accessory building shall not exceed 16 feet in height; provided, however, that the vertical height from the grade to the plate line of a gable hip or gambrel roof shall not exceed 13 feet.

(Code 1980, § 20-3.9; Ord. No. 84-08, A 3, § 309)

The percent of the site area covered by structures shall be measured by dividing the number of square feet of horizontal area covered by structures, open or enclosed, by the total horizontal area within the property lines of the site.

(Code 1980, § 20-3.10; Ord. No. 84-08, A 3, § 310)

Unless otherwise provided, required yards shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site, provided that where a precise street plan has been adopted by the city council, required front yards shall be measured from the outside dimensions of the plan line. No provisions of this chapter shall be construed to permit a structure or use to extend beyond such line; and provided further that where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, required front yards shall be measured from a line representing the boundary of the additional width required for street purposes abutting the site.

(Code 1980, § 20-3.11; Ord. No. 84-08, A 3, § 311)

Residential yard requirements specified herein shall be subject to the following exceptions and modifications:

(1)

Unless otherwise provided, the width of one side yard may be reduced when authorized by the approval authority to not less than three feet, provided the sum of the widths of the two side yards is not less than the required minimum, and further provided the distance between proposed dwelling and another dwelling, existing or proposed, on an adjacent lot is not less than that required by the state building standards code.

(2)

Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of the sills, belt courses, cornices, buttresses, chimneys, ornamental features, rain gutters, eaves, balconies, and heating and cooling equipment; provided, however, that none of the projections shall project into a minimum side yard more than 36 inches, and into the required front or rear yard not more than six feet. No building or projection thereof may extend into a public easement or right-of-way. Further, no projection shall project to within 36 inches of a property line.

(3)

Except as limited for a particular zone, sunshade and patio covers which are open on at least three sides, except for roof supports, may be located in any portion of a required side or rear yard, other than a street side yard, provided they do not encroach into a utility easement. The dripline of the sunshade or patio shall not fall outside of the lot on which the structure is located. Further, no sunshade or patio cover which fails to conform to the fire resistance set forth in the state building standards code shall project to within 36 inches of a property line.

(4)

Except as limited for a particular zone, fences, walls, hedges, walks, driveways and retaining walls may occupy any required yard or other open spaces, unless necessary for public safety or as required by any law or regulation of the state or any agency thereof.

(5)

Open, unenclosed, uncovered metal fire escapes and depressed ramps or stairways may project into any required yard or space between buildings not more than four feet unless otherwise provided in this chapter.

(Code 1980, § 20-3.12; Ord. No. 84-08, A 3, § 312; Ord. No. 86-06, § 4)

A front yard, the distance of which is specified in the district, shall be provided on each frontage of a through lot, except where a waiver-of-access to one of the frontages applies.

(Code 1980, § 20-3.13; Ord. No. 84-08, A 3, § 313)

A landscaped area provided in compliance with the regulations prescribed in this chapter or as a condition of a use permit, site plan review or planned unit development shall be landscaped with materials suitable for screening or ornamenting the site, whichever is appropriate. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained to ensure compliance with the regulations requiring landscaped areas as stated under site plan review.

(Code 1980, § 20-3.14; Ord. No. 84-08, A 3, § 314)

The express enumeration and authorization in this chapter of a particular use, building or structure in a zone shall be deemed a prohibition of such buildings, structures or use in all zones of more restrictive classification.

(Code 1980, § 20-3.15; Ord. No. 84-08, A 3, § 315)

Except as otherwise provided in this section, a site having an area, frontage, width or depth less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the adoption of the ordinance from which this chapter is derived, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any permitted use listed for the district in which the site is located, but shall be subject to all other regulations for such district notwithstanding previous violations of the Subdivision Map Act.

(Code 1980, § 20-3.16; Ord. No. 84-08, A 3, § 316)

(a)

Purpose.

(1)

A nonconforming use is a use of a structure of land which was lawfully established and maintained prior to the adoption of the ordinance from which this chapter is derived but which does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement or their reestablishment after abandonment of six months or more and by prohibiting the alteration of the structures they occupy and their restoration after destruction to the extent of 75 percent or more.

(2)

A nonconforming structure is a structure which was lawfully erected prior to the adoption of the ordinance from which this chapter is derived but which, under this chapter, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located.

(3)

While permitting the use and maintenance of nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this chapter and by prohibiting their restoration after destruction to the extent of more than 75 percent.

(b)

Continuation and maintenance.

(1)

A use lawfully created and occupying a structure or a site on the effective date of the ordinance from which this chapter is derived or of amendments thereto which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, as provided in this section.

(2)

A structure lawfully created and occupying a site on the effective date of the ordinance from which this chapter is derived or of amendments thereto which does not conform with the standards of coverage, front yard, side yards, rear yard, or distances between structures prescribed in the regulations for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained as provided in this section.

(c)

Alterations and additions to nonconforming uses.

(1)

No structure, the use of which is nonconforming, shall be moved, altered or enlarged unless the moving, alteration or enlargement will result in the elimination of the nonconforming use.

(2)

No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged so as to permit the enlargement of the space occupied by the nonconforming use, and thereby increase the discrepancy.

(d)

Change of a legal nonconforming use. The legal nonconforming use of a structure or site may be changed to another nonconforming use provided that the change of use is approved by the planning commission in accordance with the following procedure:

(1)

Application for a change of use shall be made to the planning commission and shall include the following data:

a.

Name and address of the applicant;

b.

Statement that the applicant is the owner of the property or is the authorized agent of the owner;

c.

Address and legal description of the property;

d.

Statement of the precise nature of the existing or pre-existing legal nonconforming use and the proposed new nonconforming use and any other data pertaining to the findings prerequisite to the granting of an application.

The application with the appropriate fee as set by council shall be filed with the secretary of the planning commission. The secretary shall give notice to the applicant of the time and place when the application will be considered, and may give notice of the time to any other interested party.

(2)

The planning commission shall hold a public hearing on an application for a change in nonconforming use. Notice of the hearing shall be given in the manner prescribed by section 106-128.

(3)

The planning commission may grant an application for a change of use if, on the basis of the application and the evidence submitted, the commission makes the following findings:

a.

That the proposed use is classified in a more restricted category than the existing or pre-existing use.

b.

That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

1.

The planning commission may grant an application for a change of use for a limited time period or subject to such conditions as the commission may prescribe. The commission may deny an application for a change of use.

2.

An action of the planning commission granting an application for a change of nonconforming use shall become null and void 180 days following the date of action unless the use is established or unless a greater amount of time is authorized.

(e)

Abandonment of nonconforming use. Whenever a nonconforming use has been abandoned or discontinued for a continuous period of six months, or changed to a conforming use, the nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

(f)

Restoration of damaged structure. Whenever a nonconforming use or a nonconforming structure shall be destroyed by fire or other calamity, or by an act of God or by public enemy to the extent of less than 75 percent, the structure may be restored and the nonconforming use may be resumed, provided the restoration does not increase the nonconformity which existed prior to the damage that prevails; further, that restoration is started within six months and is diligently pursued to completion. The extent of damage to any structure shall be determined by the building official. Whenever a nonconforming use or a nonconforming structure shall be destroyed by fire or other calamity, or by an act of God or by public enemy to the extent of over 75 percent the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.

(g)

Appeal to city council. All appeals to the city council concerning decisions of the planning commission shall be made pursuant to section 106-134.

(Code 1980, § 20-3.17; Ord. No. 84-08, A 3, § 317)

Public utility distribution and transmission lines, both overhead and underground, shall be permitted in all districts without the necessity of first obtaining a use permit, provided that a permit is obtained from the department of public works prior to any new construction or installation of such facilities.

(Code 1980, § 20-3.18; Ord. No. 84-08, A 3, § 318)

The following regulations shall apply to the location of accessory buildings unless otherwise provided in this title:

(1)

Except in the case of accessory dwelling units approved pursuant to section 106-37 of this title, accessory buildings in residentially zoned areas shall be subject to the requirements of subsection a below. Square footage and heights exceeding those specified by this section may be allowed only when approved by the planning director and/or the public works director following the procedure described in subsection b below. Except for a detached garage, all other accessory buildings shall be located no closer to the front property line than the principal dwelling.

a.

Detached accessory buildings shall not exceed two-thirds of the square footage of the primary dwelling. The accessory building shall not exceed the height of the principal dwelling.

b.

Heights and square footages exceeding the maximums otherwise permitted by this section may be allowed if the director makes the following findings:

1.

The increased height or square footage will permit appropriate development on the property;

2.

The increased height or square footage is compatible with development in the vicinity; and

3.

The increased height or square footage will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.

(2)

No accessory buildings on the rear of a reverse corner shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear.

(3)

No accessory buildings or structures shall be located within a required front, side, or rear yard, except as provided for in this title.

(4)

Accessory buildings may be considered a part of the main building if connected by a common wall of not less than five feet in length, or if not more than 20 feet from the main building and connected thereto by a roof of not less than five feet in width.

(5)

One detached accessory building for use as a private garage may be permitted to occupy the required front yard of an interior lot in residential uses when the slope of the front half of such lot is greater than one foot rise or fall in the horizontal distance of four feet from the established street elevation at the front property line; provided, however, that no portion of any such building shall be less than five feet from the side or front property line of the lot, and further provided that no such building shall exceed 35 feet in height, and further provided that no portion of any such building shall encroach upon the required front or side yard setbacks.

(6)

Cargo containers are permitted "by right" as an accessory structure in the M-1, M-2, RSP, CI, UR, PA, and RA zones. Cargo containers require approval of a conditional use permit in the CN and CS zones. Cargo containers, where permitted, shall not be used for human occupancy. Signs shall not be permitted on, or attached to, cargo containers, except those required by law that contain public safety information for the container. Cargo containers, where permitted, shall not be stacked. Cargo containers shall also be temporarily permitted in any zone district in conjunction with an authorized construction project. Except for temporary cargo containers specifically authorized in conjunction with a construction project, cargo containers shall be painted a uniform earthen hue color (e.g. beige, tan, brown).

(7)

Except within approved mini-warehouse facilities, temporary, portable on-demand storage units (e.g. PODS) are permitted for up to 30 days in residential, mobile home park zoning districts and up to 90 days in the agricultural, and commercial zoning districts. Additional time may be authorized when the portable storage unit is necessary and related to authorized on-site construction or when approved in conjunction with the approval of a conditional use permit, as provided for in section 106-128. Signage on such units shall be limited to the name of the manufacturer and public safety information.

(Code 1980, § 20-3.19; Ord. No. 84-08, A 3, § 319; Ord. No. 86-06, § 5; Ord. No. 21-01, § 3, 2-3-2021; Ord. No. 24-02, § 2, 3-20-2024)

Upon the issuance of any building permit or when the site of any remodeling, addition to or construction of a new building front on or adjacent to a planned street or dedicated public street or highway, street sections, curbs, gutters and sidewalks shall be constructed to city standards. In addition, where offers of dedication for the planned public right-of-way have not taken place, such offers shall be made prior to issuance of the building permit. The city engineer may temporarily waive the construction of any portion of the above-mentioned improvements on the condition that the future construction of waived improvements is guaranteed by a lien agreement, cash or bond, or any other improvement security deemed sufficient by the city engineer.

(Code 1980, § 20-3.20; Ord. No. 84-08, A 3, § 320; Ord. No. 14-03, § 2)

In all commercial, office and industrial districts all heating and cooling equipment shall be screened from view by a parapet or other structural feature and designed to match the total structure.

(Code 1980, § 20-3.21; Ord. No. 84-08, A 3, § 321)

(a)

All applications shall be accompanied by the appropriate fee as set by the city council. Applications shall be processed and approved or denied by the planning department. The applicant for a home occupation permit shall attest to and acknowledge that they will not violate the following criteria:

(1)

The home occupation shall not involve the use of signs or accessory structures, other than those permitted in the R districts.

(2)

The residence address will not be used for advertising purposes of any kind, nor shall any other residence address be used for advertising purposes in connection with the home occupation.

(3)

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one vehicle not to exceed one ton gross capacity, owned by the operator of such home occupation. Home occupation materials including stock, wares, goods, samples or equipment, carried in or on the vehicle shall be concealed in such vehicle or within the main structure so as not to be visible from the street, sidewalk or alley when such vehicle is parked at such residence.

(4)

Retail sales at the residence and services performed at the residence for persons who have come to the residence for such services shall be limited to no more traffic than that normally occasioned by a residential use. Customers, clients, or prospective customers or clients may be invited to the residence for the purpose of purchasing or obtaining or considering the purchasing or obtaining of merchandise, wares, goods, equipment or service, subject to the above limitation.

(5)

No noise, pedestrian or vehicular traffic or activity which constitutes a nuisance or disturbance of the peace of any person shall be produced or made at the residence in connection with the home occupation.

(6)

In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use (either by color, materials or construction, lighting, signs, sounds or noises, vibrations, etc.).

(7)

Any stock, wares, goods, materials, samples, merchandise or equipment stored on the premises shall be entirely within the building and not visible from the street, sidewalk or alley and shall not interfere with the residential use or endanger any person.

(8)

No employees, salesmen or other help, including independent contractors, partners or joint ventures hired, engaged, or retained by the permittee, other than members of the immediate or resident family, shall perform any work at the premises or go to or upon the premises in conjunction with the home occupation.

(9)

Home occupation permits shall not be issued for the following businesses or for the following vocations:

a.

Reserved.

b.

Reserved.

c.

Any vocation or business involving machinery which cannot be stored or operated in the room allowed for use of the home occupation or concealed in the vehicle of not over one-ton capacity;

d.

Automotive, vehicular, or motorcycle repair or engine repair, body and fender repair and auto painting.

(10)

Barber or cosmetologist, one chair or booth only, limited to the following practices:

a.

Manicurist.

b.

Esthetician.

c.

Electrologist.

d.

Hair stylist or colorist.

(11)

Home occupations are intended to be small businesses or vocations with limited hours of operation. Whenever practical for the operation of any proposed use, a condition of approval shall prohibit operation of all or certain aspects of the use between 9:00 p.m. and 8:00 a.m.

(12)

Home occupation permits shall not be transferable to other individuals. The permittee shall notify the city in writing at least ten days before the home occupation permit is transferred to a new location. The permit shall be transferred when the home occupancy is relocated if the permittee provides the required notice and the planning director finds the occupation compatible with the new location.

(b)

The granting of such home occupations permit is conditioned on the faithful compliance with all the regulations set forth herein and does not relieve the permittee from complying with applicable state, county, and city laws for health and safety. The city council is empowered to revoke the home occupation permit upon reasonable notice to the permittee and upon a hearing, when the planning director reports any persistent violations of any such law or regulation.

(Code 1980, § 20-3.22; Ord. No. 84-08, A 3, § 322; Ord. No. 86-06, § 6; Ord. No. 20-04, § 3, 9-2-2020)

Fences, walls and hedges may be permitted as follows:

(1)

Fences and walls behind the front yard setback along the side and rear yard property lines not exceeding seven feet in height as measured from the average grade on either side of the fence. On street side fences, the height shall not be higher than seven feet above the top of curb.

(2)

On interior lots, the horizontal fencing line may be linearly tapered from behind the front yard setback line to the front yard property line provided that the fence is not higher than three feet, six inches above grade at the property line.

(3)

The cross-visibility area as defined elsewhere in this chapter shall not be violated by any structure, fence, wall, hedge or other material.

(4)

No fence, wall or hedge shall be installed or constructed above the height of three feet, six inches within any front or side setback adjacent to a street intersection except as provided below:

a.

The fence, wall or hedge along the side yard is located more than 25 feet from the projection of the front property line at the street intersection; or

b.

Such installation within the side yard is determined by the director of public works not to constitute a traffic hazard due to reduced visibility.

(Code 1980, § 20-3.23; Ord. No. 84-08, A 3, § 323)

Notwithstanding any other provisions of this Code, 50-foot-wide lots in the R-3 and R-4 zone districts may be approved within the area bounded on the north by Church Avenue, bounded on the west by Norma Street, bounded on the south by Upjohn Avenue, and bounded on the east by China Lake Boulevard, if a tentative map is approved for such development.

(Code 1980, § 20-3.24; Ord. No. 86-13, §§ 2, 3; Ord. No. 89-02, §§ 2, 3; Ord. No. 94-02, § 2)

No person shall undertake or conduct a commercial use except within a permanent structure unless the planning director determines that commercial use cannot be conducted within a permanent structure.

(Code 1980, § 20-3.25; Ord. No. 87-15, § 3)

(a)

A family daycare home means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home, as defined in Health and Safety Code § 1596.78, A family daycare home may be established in any residential zone, upon the conditions stated in this section.

(b)

A small family daycare home may be established in any residential zone if the home complies with the regulations set forth in the Health and Safety Code § 1597.30 et seq. As used herein, the term "small family daycare home" is a home which regularly provides family daycare protection and supervision for eight or fewer children and as set forth in Health and Safety Code § 1697.44, including children under ten years of age who reside in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians (other than the provider) are absent. A small family daycare home shall be considered a residential use of property for the purposes of this chapter.

(c)

A large family daycare home may be established in any residential zone if the home complies with the regulations set forth in Health and Safety Code § 1597.30. As used herein, the term "large family daycare home" is a home which regularly provides family daycare, protection and supervision for seven to 14 children and as set forth in Health and Safety Code § 1697.465, including children under ten years of age who reside in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians (other than the provider) are absent.

(d)

The provider shall comply with all generally applicable regulations pertaining to the type of residential zone the family daycare is situated. The provider shall also comply with all health and safety requirements of the state fire marshal and the local fire department.

(Code 1980, § 20-3.26; Ord. No. 89-15, § 3; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-08, §§ 2, 3, 12-15-2021)

(a)

A bed and breakfast inn serving tourists and visitors may be established with a conditional use permit in the R-2, R-3, R-4 and PO zones, upon the conditions stated in this section.

(b)

The building and the structure must be the primary residence of the owner or the manager of the bed and breakfast use.

(c)

Said use shall be located in a building of residential design having a minimum of 2,000 square feet of residential floor area.

(d)

No meals shall be served for commercial purposes to persons other than to registered guests and residents of the bed and breakfast inn. Meal prices are to be included in the price of the room.

(e)

The bed and breakfast inn shall be located on a collector or arterial street designed by the city general plan or within a transition zone.

(f)

Common areas to be provided for exclusive use of the guests must be at least 300 square feet (parlors, dining rooms and the like).

(g)

Where multi-use eating and drinking utensils are used, washing and sanitizing shall comply with either section 28559 or 28560 of the California Restaurant Act. A three-compartment metal sink with integral metal drainboards or a commercial dishwasher machine with chlorination and sterilizing capabilities with a two-compartment metal sink with integral metal drainboards shall be required.

(h)

The following standards shall apply to the establishment of bed and breakfast inns in the R-2, R-3, R-4 and PO zones:

(1)

On-site parking for the underlying residential use shall be provided in accordance with the provisions of article V of this chapter. In addition, one on-site parking space shall be provided for each guest room in excess of two. On-site parking shall be designed or located so as not to detract from the residential character of the buildings and structures of the bed and breakfast inn.

(2)

Signs for bed and breakfast inns shall be limited to four square feet of sign area attached directly to the residential building or structure, provided, in the PO zone, sign standards for the zone shall apply. The content of any such sign shall be limited to identifying not more than the name and address of the facility. No sign shall be internally or externally illuminated.

(3)

The actual number of guest rooms permitted in any location will be determined by the planning commission based on a relationship of the site to parking, access, character, size and scale of surrounding uses. The building or structure may not contain more than eight guest rooms, which may not be occupied by more than 16 guests.

(4)

In those areas where the existing building or structure is developed with or used for residential apartments, the unit may be converted upon application and approval by the planning commission.

(5)

No cooking facilities shall be permitted in any guest room.

(6)

No guest shall be permitted to rent accommodations or remain in occupancy for a period in excess of 28 days during any consecutive 30-day period.

(7)

Fire, safety and health requirements will be imposed by the city building department, the county fire department and the county health department. Minimum requirements for a bed and breakfast occupancy shall be the installation of approved smoke detectors in each lodging room, installation of three approved fire extinguishers in the structure and the inclusion of an evacuation plan posted in each room. Written approval must be received from these departments prior to the business becoming operational.

(8)

The county fire department and the county health department shall conduct an annual inspection of each bed and breakfast inn.

(9)

No additions to existing buildings which would increase the number of bed and breakfast rooms shall be allowed.

(i)

In approving a conditional use permit for a bed and breakfast inn located in the R-2, R-3, R-4 and PO zones, the planning commission must make the following findings:

(1)

The establishment of a bed and breakfast inn is consistent with the purpose of the general plan, including policies regarding the displacement of rental units in the housing stock;

(2)

The establishment of a bed and breakfast inn will not be detrimental to a building, structure or feature of significant aesthetic, cultural, architectural or engineering interest or value of a historical nature; and

(3)

The establishment of a bed and breakfast inn is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses.

These findings shall be in addition to those required for the approval of conditional use permits contained in section 106-131.

(j)

Any conditional use permit issued by the city for any bed and breakfast inn shall be subject to an express condition that said permit shall expire and said use shall terminate (unless a new conditional use permit is approved therefor) upon any transfer of ownership of said real property.

(k)

The permit shall terminate if any bed and breakfast inn is discontinued for a period of 12 months, regardless of any intent to resume operation.

(Code 1980, § 20-3.27; Ord. No. 91-12, § 9)

(a)

Purpose. The accessory dwelling unit or ADU (as defined in section 106-2) regulations set forth in this section are established to comply with the state standards and requirements set forth in Government Code § 65852.2 and all other applicable state laws. The following section is subject to the applicable preemptive limitations set forth in Government Code § 65852.2 unless stated otherwise.

The city shall ministerially, and without discretionary review or hearing, act on the application to create an ADU or a junior ADU within 60 days from the date the city receives a completed application if there is an existing single family or multifamily dwelling on the relevant lot. If the permit application to create an ADU or junior ADU is submitted with a permit application to create a new single-family dwelling on the relevant lot, the city may delay acting on the permit application for the ADU or junior ADU until the city acts on the permit application to create the new single family dwelling, however the permit application to create that ADU or junior ADU in this instance shall be considered ministerially. ADUs shall be permitted by the community development director or designee upon determining that the application meets all of the following requirements.

(b)

General requirements.

(1)

The ADU is allowed in any single-family or multi-family zone. Note: city must inquire regarding adequacy of water/sewer before designating this area (Government Code § 65852.2(a)(1)(A)) that has no more than one proposed or existing single family residence on the parcel.

(2)

The ADU may not be sold or conveyed separately from the primary residence, but may be rented with rental terms required to be longer than 30 consecutive calendar days.

(3)

If there is an existing primary dwelling, the floor area of an attached ADU shall not exceed 50 percent of the primary unit.

(4)

The total floor area for a detached ADU shall not exceed 1,200 square feet.

(5)

ADU construction shall be in compliance with the regulations and standards set forth in this chapter, including, but not limited to side and rear yard setbacks, building height, lot coverage and parking requirements. The ADU shall be constructed in accordance with the building code and other applicable codes.

(6)

The ADU may be metered separately from the main dwelling unit for gas, electricity, communications, water, and sewer services.

(7)

Fire sprinklers are required in the ADU when existing or required to be provided in the primary unit.

(c)

The conversion of a ADU shall comply with the following development standards:

(1)

No additional parking spaces are required for the space converted to an ADU.

(2)

No setback is required for an existing living area or accessory structure or a structure previously constructed in the same location and to the same dimensions as an existing structure that is converted to a portion of an ADU.

(d)

The construction of an ADU shall comply with the following development standards.

(1)

Detached units shall be located behind the rear face of the primary unit.

(2)

Construction of an ADU shall be allowed in designated historical districts; however, must not be visible from the public-right-of-way.

(3)

The unit shall not be more than 16 feet in height or more than the height of the primary residential unit, whichever is more. This measurement is taken from the lowest adjoining grade to the highest point of the structure.

(4)

The unit shall be set back a minimum of four feet from any interior side, street side, or rear lot line.

(5)

The unit shall maintain six feet separation to any other accessory building or main building on the same building site. The six-foot distance shall be measured from the closet points of the building walls or structure walls. Additionally, a minimum of four feet shall be maintained between eave overhangs, chimneys, bay windows or any other architectural feature.

(e)

Parking requirements.

(1)

One parking space (provided as uncovered, or tandem space on the existing driveway) is required per one bedroom or unit, whichever is less, except in any of the following circumstances:

a.

The ADU is located within one-half mile of public transit (measured by walking distance route).

b.

The ADU is located within an architecturally and historically significant historic district.

c.

The ADU is part of the existing primary residence or an existing accessory structure.

d.

When there is a car share vehicle located within one block of the ADU.

(f)

All converted and constructed ADUs shall conform to the following design standards:

(1)

The design, color, material, and texture of the roof shall be substantially the same as the main dwelling unit;

(2)

The color, material, and texture of all building walls shall be similar to and compatible with the main dwelling unit;

(3)

The architectural style shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of a single-family dwelling;

(4)

If attached to the garage, there shall be no direct access from the garage to the ADU;

(5)

All single-family residential development standards and design guidelines adopted by the city.

(g)

Notwithstanding as otherwise provided by this chapter, the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:

(1)

One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling with all of the following conditions met:

a.

The ADU or junior ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure not including an expansion beyond 150 square feet beyond the same physical dimensions as the existing accessory structure. Such expansion shall be limited to accommodating ingress and egress.

b.

The space has exterior access from the proposed or existing single-family dwelling.

c.

The side and rear setbacks are sufficient for fire and safety.

d.

The junior accessory dwelling unit complies with the requirements of Section 65852.22.

(2)

One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection (1) above. The accessory dwelling unit is subject to the following limitations:

a.

A total floor area limitation of not more than 1,200 square feet.

b.

A height limitation of 16 feet.

(3)

Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the number of multiple accessory dwelling units does not exceed 25 percent of the existing multifamily units (or one ADU if there are four or less multifamily dwelling units) and each unit otherwise complies with state building standards for dwellings.

(4)

Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.

(h)

The owner of any permitted senior housing unit may file an application to have such unit approved as an ADU pursuant to this section and eliminate the conditional use permit. The application shall be granted if the senior housing unit meets all of the requirements of this section.

(i)

Nothing contained within this section shall be construed to permit the creation or construction of additional ingress/egress access points for vehicular traffic.

(j)

The duty to act ministerially on an application may be tolled according to state law or by mutual agreement of the parties.

(k)

The city council may establish fees by resolution to recover costs incurred in the processing of ADU applications as set forth in this chapter and in accordance with Government Code § 66000 et seq.

(Ord. No. 21-01, § 4, 2-3-2021; Ord. No. 21-02, § 2, 4-7-2021)

Editor's note— Ord. No. 21-01, § 4, adopted February 3, 2021, added a new § 106-37, as set out above and later amended. Afterwards, Ord. No. 21-02, § 3, adopted April 7, 2021 renumbered the existing § 106-37 as 106-38.

(a)

Temporary employee housing may be established in any zoning district with a temporary employee housing permit issued by the city manager in accordance with this section.

(b)

Applications for temporary employee housing permits shall include written consent of the property owner, except for property owned by the city. Applications shall be accompanied by a fee set by city council. The city manager may promulgate policies, guidelines, and procedures that are consistent with this section, including describing the information to provide and items to submit with permit applications.

(c)

Applications shall be referred to relevant departments, including police, fire, public works, building, and finance for review and recommended conditions. Applications shall be referred to a city council committee for consideration and recommendation to the city manager.

(d)

Decisions by the city manager to grant or deny an application for a temporary employee housing permit shall be in the form of a written determination letter. The decision shall be supported by findings that the temporary employee housing will serve the needs of the city or Naval Air Weapons Station China Lake, and will be operated with adequate protection of the public health, safety, convenience and general welfare.

(e)

The temporary employee housing permit is temporary and shall specify the active time period. It shall require compliance with all state laws and permitting requirements, including, without limitation, the provisions of California Building Code § 3103 et seq. for temporary structures, and regulations of the state department of housing and community development.

(f)

The temporary employee housing permit may require a surety bond and liability insurance based on the proposed use and the nature of the property and surrounding properties.

(g)

Conditions of approval may provide for recovery of actual costs incurred for services provided by the city related to the use, to the extent permitted by law, including, without limitation, costs of law enforcement, traffic control, and cleanup. An advance deposit of the estimated amount of cost recovery may be required. The deposit, or any portion thereof, shall be forfeited to the city in order to recover costs incurred to enforce the conditions of the permit or the provisions of this section. All the city's costs that exceed the amount of the deposit shall constitute a civil debt due and owing to the city and recoverable in accordance with the law.

(h)

A violation of any provision of a temporary employee housing permit or of this section is punishable as a misdemeanor. The city may address violations by prosecution or administrative citation in accordance with this Code. Violators may be liable for penalties and for actual costs incurred by the city, including, without limitation, attorney fees and police services.

(i)

The city manager may amend the terms and conditions of the temporary employee housing permit at any time to protect the public health, safety, convenience or general welfare. Upon finding that the permitted use has become detrimental to the public health, safety or welfare, the city manager may revoke the permit. Appeals of all decisions of the city manager under this section shall be made in writing directly to the city council pursuant to the time and manner set forth in section 106-98 of this Code for appeals of decisions of the planning commission.

(Ord. No. 20-03, § 3, 7-1-2020; Ord. No. 21-01, § 4, 2-3-2021; Ord. No. 21-02, § 3, 4-7-2021)

Note— Formerly § 106-37, see editor's note for § 106-37.

(a)

Purpose.

(1)

The zoning clearance procedure is intended to ensure that a proposed use of land and/or existing building(s), or the minor alterations of land and building(s) within the city, meet the requirements of the zoning ordinance and, if applicable, the conditions of approval for a previously approved permit.

(b)

General provisions.

(1)

A zoning clearance shall be obtained prior to the initiation of a use of land and/or the construction of structures requiring a building permit when no discretionary review process is otherwise applicable to the proposed initiation of use or construction. Projects requiring a zoning clearance include but are not limited to establishment of a new use within an existing building in conjunction with obtaining a business license; individual custom homes on lots of record; and minor additions to residential structures or lots, including patio covers, pools/spas and detached accessory structures.

(2)

In no case shall a zoning clearance be issued for a use other than a use permitted within that zone district.

(c)

Application procedure.

(1)

A request for a zoning clearance shall be submitted on a form provided for that purpose by the planning department, along with the required fee as established by the city council.

(2)

The planning director may require additional information including but not limited to, parking summaries and a written description of use(s) prior to taking any action on a zoning clearance.

(3)

A zoning clearance shall be filed by the owner of the subject property or his or her authorized agent.

(d)

Review criteria.

(1)

Zoning clearance shall be approved provided that the proposed use of land or structures:

a.

Is permissible under the present zoning on the land and does not require additional land use entitlements such as a conditional use permit or site plan review;

b.

Is consistent with the policies and maps of the general plan;

c.

Complies with all applicable terms and conditions of any existing entitlement;

d.

Meets all applicable zoning ordinance requirements including, but not limited to, minimum structure design, development standards and setbacks, or has been deemed to be legally nonconforming with respect to these standards.

(2)

There are no violations of this Code existing on the subject property.

(e)

Modification or revocation by the planning director.

(1)

If the planning director determines that the use approved under the zoning clearance is not in compliance with the requirements of this section, the planning director shall notify the owner of the subject property or his or her authorized agent of the date for a hearing on the use's compliance with this section. Such notice shall be sent by certified mail and shall state that the planning director will be reviewing the zoning clearance for possible modification or revocation. It shall also state the date, time, and place of the hearing. The hearing shall be conducted, and notice given in accordance with RMC 106-212.

(2)

The planning director shall fully investigate the evidence and prepare a report regarding the reported violation of the zoning clearance requirements. A copy of the report shall be sent to the property owner or his or her authorized agent. upon conclusion of the hearing, the planning director shall make one of the following determinations and take such accompanying action:

a.

Find that the use is being conducted in an appropriate manner and that no action to modify or revoke the zoning clearance is necessary; or

b.

Find that the use is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or

c.

Find that the use is not being conducted in an appropriate manner and that the measures are not available to mitigate the impacts of the use. Upon making this determination, the planning director may revoke the zoning clearance approval and order the property owner or his or her authorized agent to cease and desist in the time specified by the director.

(f)

Effective period of zoning clearance approval.

(1)

A zoning clearance verifies that a specified use or structure is consistent with the zoning ordinance and applicable city ordinances and policies on the date of its issuance. Any change to the use or structure, or any change to the applicable ordinance provisions, may invalidate the zoning clearance.

(Ord. No. 22-02, § 2, 5-4-2022)