Ridgecrest City Zoning Code

ARTICLE IV

ZONING DISTRICT REGULATIONS2

Footnotes:

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State Law reference— Zones authorized, Government Code § 65851.

Sec. 106-308. - RSP Recreation, Schools and Public Use District.

(a)

Purpose and intent. This section applies to the RSP Recreation, Schools and Public Use District. This district is intended primarily for application to those areas of the city where it is necessary and desirable to provide permanent open space, governmental and special district facilities, which are necessary to safeguard the health, safety and welfare of the people, and to provide spaces for the location and preservation of public school, cultural, police, fire and other governmental facilities and recreation sites.

(b)

Permitted uses.

(1)

Recreation areas, civic centers, parks, parkways, playgrounds, golf courses, primary and secondary schools, colleges, cemeteries and fairgrounds and areas of scenic, historic and cultural values and any necessary buildings incidental thereto.

(2)

Flood control channels and drainage ditches, water and gas reservoir distribution and pumping stations, irrigation ditches, settling and water recharge basins.

(3)

Any city, county state and special district facilities not inconsistent with this section.

(4)

Open space for public health and safety, including areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, floodplains, watersheds, areas presenting high fire risk, areas required for the protection of water quality and water reservoirs, and the protection of residents from high noise areas.

(5)

Incidental and accessory structures and uses.

(c)

Conditional uses. Conditional uses may be added or deleted from time-to-time by the planning commission per section 106-16 and subject to the application for a conditional use permit per division 3 of article II of this chapter.

(d)

Site area. The minimum site area shall be 6,000 square feet unless the land was lawfully subdivided into a smaller area prior to the enactment of this chapter. In such case the existing lawfully divided lot shall suffice for minimum area.

(e)

Yard requirements, distance between structures, coverage, fences, walls and hedges. Yard requirements shall be determined by the planning commission during the site plan review process.

(f)

Site plan review. No permitted or conditional use shall be permitted on any site in this district until a site plan review has been completed in accordance with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-3.21, 20-4.1—20-4.6; Ord. No. 84-08, A 4, §§ 401—406)

Sec. 106-309. - CI Civic and Institutional District.

(a)

Purpose and intent. This section applies to the CI Civic and Institutional District. This district is intended to provide sites for offices and other facilities used by government, public utilities, and for public and private health and welfare facilities. Further, it is the intent of this district to encourage the location of such facilities in close proximity to each other. This district is not intended to include schools, either public or private.

(b)

Permitted uses.

(1)

Public and private charitable institutions, hospitals, sanitariums.

(2)

Public and quasi-public uses of an administrative, public service or cultural including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police, fire-stations and other public buildings, structures and facilities, public playgrounds, park and community centers.

(c)

(d)

(e)

Yard requirements, distance between structures, coverage, fences, walls and hedges. Yard requirements shall be determined by the planning commission during the site plan review process.

(f)

Site plan review. No use shall be permitted on any site in this district until a site plan review has been completed in accordance with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-4A.1—20-4A.6; Ord. No. 86-06, § 7)

Sec. 106-310. - UR Urban Reserve District.

(a)

Purpose and intent.

(1)

This section applies to the UR Urban Reserve District. This district is intended primarily for application to areas within urban limits of the general plan and which are designated by the general plan to be held in reserve for future urban expansion or which are in the vicinity of areas so designated, (i.e., rural density or estate density). Such areas are generally characterized by predominantly open uses of land and/or which, because of the lack of any clear trends for conversion to urban use, cannot be specifically zoned for urban use prior to the city's approval of definite proposals for urban development.

(2)

The application of this district will avoid problems associated with specific zoning of lands too far in advance of probable development, preserve the availability of lands required for future urban expansion, allow limited conversion of such lands to very low-density urban use, and assist in the prevention of premature development of land where the full range of municipal-type services is not available.

(3)

The rezoning of land with the UR district to other appropriate district classifications would be undertaken only at such time as evidence of substantial development is available through urban uses and the required infrastructure to serve those uses is available.

(b)

Permitted uses.

(1)

A one-family dwelling in areas designated by the general plan as rural residential or estate density.

(2)

The following uses are permitted:

Breeding, hatching, raising and fattening of poultry, fowl, birds, rabbits for domestic use, provided that such fowl or animal shall be limited in number to one per 2,000 square feet of site area.

Keeping of bovine animals and horses; provided, however, that there shall not be allowed on the premises more than one of any adult animal of the foregoing for each 40,000 square feet of site area.

The keeping of such fowl and animals shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen, coop, stable, barn or corral shall be kept or maintained within 50 feet of any dwelling or other building used for human habitation, or within 100 feet of the front lot line of the lot upon which it is located, or within 100 feet of any public park, school, hospital or similar institution.

There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes.

(c)

Conditional uses.

(1)

Boarding stables and riding stables of a commercial nature with no more than one adult animal for each 10,000 square feet of site.

(2)

Church and school uses.

(d)

Site area. The minimum site area shall be no less than 2½ gross acres.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage, width and depth. Each lot shall have not less than 300 feet of width/depth on a public or private street unless located on a knuckle or cul-de-sac. In this case, the front yard width scribed by the arc of the radius shall be no less than 200 feet.

(g)

Yard requirements. The front, rear, and side yard requirements for the main dwelling shall be no less than those specified in the R-1 district.

(h)

Site plan review. No conditional use shall be permitted on any site in this district unless the site plan review has been completed in accordance with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5.1—20-5.8; Ord. No. 84-08, A 5, §§ 501—508; Ord. No. 86-06, § 8; Ord. No. 86-26, § 1; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4)

Sec. 106-311. - PA Primary Agriculture District.

(a)

Purpose and intent. This section applies to the PA Primary Agriculture District. To provide living areas which combine certain advantages of both urban and rural location by limiting development to very low-density concentration of one-family dwellings and permitting a limited number of animals to be kept for pleasure, hobbies, and of a commercial nature. This district is intended primarily for application of land in natural and scenic areas to:

(1)

Permit the opportunity of developing rural size parcels which because of their size cannot be economically accommodated within urban areas;

(2)

Permit agricultural pursuits which may not be harmonious and compatible with urban areas; and

(3)

Ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect the safety and general welfare of people living on rural size parcels.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Keeping of bovine and equine animals; provided, however, that there shall not be allowed on the premises more than one of any adult animal of the foregoing for each 10,000 square feet of site area. The keeping of such fowl and animals shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen, coop, stable, barn or corral shall be kept or maintained within 50 feet of any dwelling or other building used for human habitation, or within 100 feet of the front lot line of the lot upon which it is located, or within 100 feet of any public park, school, hospital or similar institution. There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes.

One hog or pig per 10,000 square feet of area;

Three goats or three sheep or three similar livestock per 10,000 square feet of area;

24 chickens per 10,000 square feet of area;

Ten ducks or ten rabbits or ten similar livestock per 10,000 square feet of area;

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops;

Game preserves or refuges;

One stand for the sale of agricultural products grown on the premises.

(c)

Uses permitted with a use permit. All land uses that are existing upon adoption of the ordinance from which this section is derived are considered legal conforming uses and do not need to acquire a conditional use permit.

(1)

The raising, feeding, maintaining, and breeding of poultry, foul, rabbits, fur-bearing animals, and the like, for other than domestic purposes.

(2)

Commercial hog and pig farming.

(3)

Dairies.

(4)

Livestock feed yards, animal sale yards.

(5)

Kennels, veterinarians clinics for farm animals and livestock, but not for companion and exotic animals.

(6)

Public and private nonprofit elementary schools, junior high schools, and colleges.

(7)

Art, craft, music and dancing schools.

(8)

Business, professional and trade schools or colleges.

(9)

Churches, public playgrounds, parks, community centers, libraries, museums, and similar uses and buildings.

(10)

Public airports and private landing strips.

(11)

Cemeteries, mausoleums, columbariums, and crematoriums.

(12)

Public utility buildings and public service or utility uses (transmission and distribution lines excepted), including, but not limited to, reservoirs, storage tanks, pumping stations, telephone exchanges, power stations, transformer stations, service yards, and parking lots.

(13)

Commercial stables, riding academies and hunting clubs.

(14)

Commercial aquaculture.

(15)

Game preserves and refuges.

(16)

Retail plant nurseries (indoor or outdoor), fruit and produce stands, commercial wood yards, including wood splitting.

(17)

Commercial mushroom farming.

(18)

Wholesale nurseries and greenhouses for the indoor propagation and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, and similar crops.

(19)

Minor agricultural services which serve the immediate vicinity including blacksmithing, welding, small machinery repair, and the like.

(20)

Agricultural processing plants and facilities, including wineries, dehydrators, canneries and similar agricultural uses, including retail sales of agricultural products processed on the premises. Incidental activities such as fruit and vegetable packing, sizing, polishing, and the like, shall not be considered to be agricultural processing.

(21)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(22)

Guest houses.

(d)

Site area. The minimum site area shall be no less than five acres.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage. Each lot shall have not less than 300 feet of frontage on a public or private street.

(g)

Lot width. The minimum lot width of each lot shall be no less than 300 feet.

(h)

Lot depth. The minimum depth of each lot shall be no less than 600 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-5A.1—20-5A.10; Ord. No. 84-08, A 6, §§ 603, 609, 610; Ord. No. 87-19, § 1; Ord. No. 92-10, § 6)

Sec. 106-312. - RA Residential Agriculture District.

(a)

Purpose and intent. This section applies to the RA Residential Agriculture District. The residential agriculture district (RA) is hereby created. This district is intended to provide living areas combining certain advantages of both urban and rural location by limiting development to very low-density concentration of one-family dwellings and permitting a limited number of animals to be kept for pleasure, hobbies, and of a commercial nature. This district is intended primarily for application of land in natural and scenic areas to:

(1)

Permit the opportunity of developing rural size parcels which, because of their size, cannot be economically accommodated within urban areas;

(2)

Permit agricultural pursuits which may not be harmonious and compatible with urban areas; and

(3)

Ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect safety and general welfare of people living on rural size parcels.

(b)

Permitted uses. The following uses are permitted in the RA district:

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Keeping of bovine and equine animals, provided, however that there shall not be allowed on the premises more than one of any adult animal of the foregoing for each 10,000 square feet of site area. The keeping of such fowl and animals shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen, coop, stable, barn or corral shall be kept or maintained within 50 feet of any dwelling or other building used for human habitation, or within 100 feet of the front lot line of the lot upon which it is located, or within 100 feet of any public park, school, hospital or similar institution. There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes.

One hog or pig per 10,000 square feet of area;

Three goats or three sheep or three similar livestock per 10,000 square feet of area;

24 chickens per 10,000 square feet of area;

Ten ducks or ten rabbits or ten similar livestock per 10,000 square feet of area;

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops; or

Equine boarding stables subject to requirements of subsection (b)(3) of this section.

(4)

Home occupations.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(6)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Uses permitted with a conditional use permit. The following uses may be permitted in the RA district with a conditional use permit:

(1)

One stand for the sale of agricultural products grown on the premises.

(2)

The raising, feeding, maintaining, and breeding of poultry, foul, rabbits, fur-bearing animals, and the like, for other than domestic purposes with the exception of slaughtering.

(3)

Kennels and veterinarian clinics.

(4)

Public and private nonprofit elementary schools, junior high schools, and colleges.

(5)

Art, craft, music and dancing schools.

(6)

Churches, public playgrounds, parks, community centers, libraries, museums, and similar uses and buildings.

(7)

Cemeteries, mausoleums, columbariums, and crematoriums.

(8)

(9)

Equine riding academies.

(10)

Game preserves and refuges other than for migratory birds.

(11)

Wholesale nurseries and greenhouses for the indoor propagation and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, and similar crops.

(12)

Minor agricultural services which serve the immediate vicinity including blacksmithing, welding, small machinery repair, and the like.

(13)

Guest houses.

(d)

Dimensional minimums. The following minimum dimensions apply in the RA district:

(1)

Site area. The minimum gross site area shall be no less than 2½ acres.

(2)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(3)

Lot frontage. Each lot shall have not less than 220 feet of frontage on a public or private street unless located on a knuckle or cul-de-sac. In this case the front yard width as scribed by the radius arc shall be no less than 140 feet.

(4)

Lot width. The minimum lot width of each lot shall be no less than 220 feet except as otherwise provided.

(5)

Lot depth. The minimum depth of each lot shall be no less than 300 feet.

(6)

Site density. Not more than one dwelling unit shall be permitted on each site.

(7)

Yard requirements.

Front yard. The minimum front yard setback shall be 40 feet as measured from the front property line. On a cul-de-sac or knuckle lot the minimum front yard setback line shall be determined by scribing a straight line between two points located 40 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 30 feet.

Rear yard. The minimum rear yard shall be 20 feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside the lot line on which the accessory structure is installed.

Side yard. The minimum side yard setback on each side of a main building shall not be less than 20 feet on either side.

(e)

Site plan review. All uses in the RA district except a single-family dwelling and incidental residential uses shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5B.1—20-5B.5; Ord. No. 94-25, § 3; Ord. No. 94-05, §§ 3—6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 5, 2-3-2021)

Sec. 106-313. - CEH Country Estate District; 2½-acre minimum.

(a)

Purpose and intent.

(1)

This section applies to the CEH Country Estate District; 2½-acre minimum. This district is intended to provide living areas combining certain advantages of both urban and rural location by limiting development to very low density concentration of one-family dwelling and permitting a limited number of animals to be kept for pleasure or hobbies, free from activities of a commercial nature.

(2)

This district is intended primarily for application of land in natural and scenic areas to:

Permit the opportunity of developing rural size parcels which, because of their size, cannot be economically accommodated within urban areas;

Permit limited agricultural pursuits which may not be harmonious and compatible with urban areas; and

Ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect safety and general welfare of people living on rural size parcels.

(b)

Permitted uses. The following uses are permitted in the CEH district.

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Home occupations.

(4)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Uses permitted with a conditional use permit. The following uses may be permitted in CEH district with a conditional use permit.

(1)

Keeping of bovine and equine animals provided, however, that there shall not be allowed on the premises more than one of any adult animal of the foregoing for each 10,000 square feet of site area. The keeping of such fowl and animals shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen, coop, stable, barn or corral shall be kept or maintained within 50 feet of any dwelling or other building used for human habitation, or within 100 feet of the front lot line of the lot upon which it is located, or within 100 feet of any public park, school, hospital or similar institution. There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes.

One hog or pig per 10,000 square feet of area;

Three goats or three sheep or three similar livestock per 10,000 square feet of area;

24 chickens per 10,000 square feet of area;

Ten ducks or ten rabbits or ten similar livestock per 10,000 square feet of area; or

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops.

(2)

Public and quasi-public uses of an educational religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.

(3)

Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addicts or liquor addict cases.

(4)

Public uses of an administrative, recreational, public service or cultural type, including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

(5)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(6)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(d)

Dimensional minimums. The following minimums apply in the CEH district:

(1)

Site area. The minimum site area shall be no less than 2½ acres.

(2)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(3)

Lot frontage. Each lot shall have not less than 220 feet of frontage on a public or private street unless located on a knuckle or cul-de-sac. In this case, the front yard width as scribed by the radius arc shall be no less than 140 feet.

(4)

Lot width. The minimum lot width of each lot shall be no less than 220 feet except as provided in section 106-315(f).

(5)

Lot depth. The minimum depth of each lot shall be no less than 300 feet.

(6)

Site density. Not more than one dwelling unit shall be permitted on each site.

(7)

Yard requirements.

Side yard. The minimum side yard setback on each side of a main building shall not be less than 20 feet on either side.

(e)

Site plan review. All uses in the CEH district except a single-family dwelling and incidental residential uses shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5C.1—20-5C.5; Ord. No. 94-05, §§ 7—11; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 6, 2-3-2021)

Sec. 106-314. - CHA Country Estate District; one-acre minimum.

(a)

Purpose and intent.

(1)

This section applies to the CHA Country Estate District; one-acre minimum. The CHA district is hereby created. This district is intended to provide living areas combining certain advantages of both urban and rural location by limiting development to very low density concentration of one-family dwelling and permitting a limited number of animals to be kept for pleasure or hobbies, free from activities of a commercial nature.

(2)

This district is intended primarily for application of land in natural and scenic areas to:

Permit the opportunity of developing rural size parcels which because of their size cannot be economically accommodated within urban areas; and

To ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect safety and general welfare of people living on rural size parcels.

(b)

Permitted uses. The following uses are permitted in the CHA district:

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Home occupations.

(4)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Uses permitted with conditional uses. The following uses may be permitted in the CHA district with a conditional use permit:

(1)

Keeping of equine animals provided, however, that there shall not be allowed on the premises more than one of any adult animal of the foregoing for each 20,000 square feet of site area. The keeping of such animals shall conform to all other provisions of law governing same, and no animals, stable, barn or corral shall be kept or maintained within 50 feet of any dwelling or other building used for human habitation, or within 100 feet of the front lot line of the lot upon which it is located, or within 100 feet of any public park, school, hospital or similar institution.

(2)

(3)

(4)

(5)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(6)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(d)

Dimensional minimums.

(1)

Site area. The minimum site area shall be no less than one acre.

(2)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(3)

Lot frontage. Each lot shall have not less than 110 feet of frontage on a public or private street unless located on a knuckle or cul-de-sac. In this case, the front yard width as scribed by the radius arc shall be no less than 70 feet.

(4)

Lot width. The minimum lot width of each lot shall be no less than 110 feet except as provided in section 106-315(f).

(5)

Lot depth. The minimum depth of each lot shall be no less than 150 feet.

(6)

Site density. Not more than one dwelling unit shall be permitted on each site.

(7)

Yard requirements.

Front yard. The minimum front yard setback shall be 20 feet as measured from the front property line. On a cul-de-sac or knuckle lot the minimum front yard setback line shall be determined by scribing a straight line between two points located 20 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 15 feet.

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside the lot on which the accessory structure is installed.

Side yard. The minimum side yard setback on each side of a main building shall not be less than ten feet on either side.

(e)

Site plan review. All uses in the CHA district except a single-family dwelling and incidental residential uses shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5D.1—20-5D.5; Ord. No. 94-05, §§ 12—14; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 7, 2-3-2021)

Sec. 106-315. - E-1 Estate Density District.

(a)

Purpose and intent.

(1)

This section applies to the E-1 Estate Density District. The purpose of this district is to provide living areas which combine certain advantages of both urban and rural location by limiting development of very low-density concentration of one-family dwelling and permitting a limited number of animals to be kept for pleasure or hobbies, free from activities of a commercial nature.

(2)

This district is intended primarily for application of land in natural and scenic areas to:

Permit the opportunity of developing rural size parcels which because of their size cannot be economically accommodated within urban areas;

To permit limited agricultural pursuits which may not be harmonious and compatible with urban areas; and

To ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect the safety and general welfare of people living on rural size parcels.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Home occupations.

(4)

The keeping of domestic animals as regulated by section 106-310(b).

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

Public uses of an administrative, recreational, public service or cultural type, including city, county, state, or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(d)

Site area. The minimum site area shall be no less than 40,000 square feet.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

(g)

Lot width. The minimum lot width of each lot shall be no less than 110 feet except as provided in section 106-315(f).

(h)

Lot depth. The minimum depth of each lot shall be no less than 150 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-6.1—20-6.10; Ord. No. 84-08, A 6, §§ 601—610; Ord. No. 92-10, § 6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 8, 2-3-2021)

Sec. 106-316. - E-2 Estate District.

(a)

Purpose and intent. This section applies to the E-2 Estate District. The purpose of this district is to provide living areas within the city where development is limited to low density concentrations of one-family residential units and where regulations are designed to accomplish the following:

(1)

To promote and encourage a suitable environment for family life.

(2)

To provide space for community facilities needed to complement various styles of urban life.

(3)

To provide areas for institutions which require a residential environment.

(4)

To minimize traffic congestion and to avoid the overloading of utilities and public facilities designed to service only one-family residential uses in accordance with the density standards of the general plan.

(5)

To combine certain of the advantages of the urban and rural locations by permitted limited numbers of animals and fowl to be kept for pleasure or hobbies that do not involve commercial nature.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter:

(1)

Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.

(2)

Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, not including hospitals, sanitariums, rest homes or nursing homes, for mental or drug addict or liquor addict cases.

(3)

Public uses of an administrative, recreational, public service or cultural type including city, county libraries, museums, art galleries, police and fire stations and other public buildings, public playgrounds, parks and community centers.

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.

(d)

Site area. The minimum site area shall be 10,000 square feet.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage. Each lot shall have no less than 70 feet of frontage on a public street, unless located on a knuckle or cul-de-sac. In this case, the front yard width as scribed by the radius arc shall be no less than 50 feet.

(g)

Lot width. The minimum width of each lot shall be no less than 70 feet except as provided in this subsection.

(h)

Lot depth. The minimum depth of each lot shall be no less than 110 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-7.1—20-7.10; Ord. No. 84-08, A 7, §§ 702—710; Ord. No. 86-06, § 9; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 9, 2-3-2021)

Sec. 106-317. - E-3 Estate District.

(a)

Purpose and intent. This section applies to the E-3 Estate District. The purpose of this district is to provide living areas within the city where development is limited to low-density concentrations of one-family residential units and where regulations are designed to accomplish the following:

(1)

To promote and encourage a suitable environment for family life.

(2)

To provide space for community facilities needed to complement various styles of urban life.

(3)

To provide areas for institutions which require a residential environment.

(4)

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.

(d)

Site area. The minimum site area shall be 7,500 square feet.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage. Each site shall have no less than 60 feet of frontage on a public street except for those sites fronting on a cul-de-sac or knuckle which may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each lot shall be no less than 60 feet except as provided in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 110 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-7A.1—20-7A.10; Ord. No. 86-06, § 10; Ord. No. 92-10, § 6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 10, 2-3-2021)

Sec. 106-318. - R-1 Single-Family Residential District.

(a)

One-family dwelling district. This section shall apply in the R-1 Single-Family Residential District unless otherwise provided in this Code.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(6)

Employee housing for six or fewer employees.

(7)

Residential care homes for six or fewer

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Residential care homes for seven to 14 persons.

(d)

Building height. Building height shall not exceed 35 feet.

(e)

Site area. The minimum site area shall be 6,000 feet.

(f)

Lot frontages. Each site shall have no less than 60 feet of frontage on a public street, except for those sites fronting on a cul-de-sac or knuckle which may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Coverage. The maximum site area covered by structure, not including swimming pools, shall not exceed 60 percent.

(k)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be 20 feet unless located on a cul-de-sac or knuckle. In this case the minimum setback line shall be determined by scribing a straight line between two points located 20 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 15 feet.

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

Side yard. There shall be a side yard on each side of a main building of not less than five feet on one side and not less than ten feet on the other side subject to the following conditions and exceptions:

On a reversed corner lot, the street side yard shall not be less than one-half the required front yard of the adjoining key lot.

Where a lot contains a pedestrian easement, all structures shall have a minimum side yard of five feet from the edge of the easement.

Garages and carports taking direct access from the street shall provide a minimum of 20 feet of parking space between the structure and the front or street side property line. When adjacent to an alley, they shall be no less than 15 feet from centerline of said alley.

Any land lawfully subdivided prior to January 1, 1974 and having a lot frontage of less than 60 feet as specified in subsection (f) of this section shall not be required to comply with the requirement for a ten-foot side yard. In this case a five-foot side yard is the minimum requirement except as otherwise provided.

(Code 1980, §§ 20-8.1—20-8.12; Ord. No. 84-08, A 8, §§ 801—812; Ord. No. 86-06, §§ 11—13; Ord. No. 92-10, § 6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, §§ 11, 12, 2-3-2021; Ord. No. 24-05, § 3, 5-1-2024)

Sec. 106-319. - R-2 Low Density Multifamily Residential District.

(a)

Application. This section shall apply in the R-2 Low Density Multifamily Residential District unless otherwise provided in this Code.

(b)

Permitted uses.

(1)

Multifamily residential dwellings.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Home occupations.

(4)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(5)

Single-family dwellings.

(6)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, but not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addict or liquor addict cases.

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Bed and breakfast inns.

(d)

Site area. The minimum site area shall be 6,000 square feet.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot frontage. Each site shall have not less than 60 feet of frontage on a public street, except that sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. The minimum site area per dwelling unit shall be 3,000 square feet.

(j)

Coverage. The maximum site area covered by structures shall not exceed 60 percent.

(k)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be 20 feet as measured from the front property line, with no parking permitted in the setback except on driveways which shall accommodate no more than one automobile per dwelling unit nor occupy more than 75 percent of the setback area. On a cul-de-sac or knuckle lot, the minimum front yard setback line shall be determined by scribing a straight line between two points located 20 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 15 feet.

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

Side yard. The minimum side yard setback on each side of a main building shall not be less than five feet except that on the street side of corner lots there shall be a side yard of not less than ten feet.

(4)

Garages and carports. Garages and carports taking direct access from the street shall provide a minimum of 20 feet of parking space between the structure and the front or street side property line. When adjacent to an alley, they shall be no less than 15 feet from centerline of said alley.

(l)

Site plan review. All uses in the R-2 district except a single-family dwelling shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-9.1—20-9.12; Ord. No. 84-08, A 9, §§ 901—912; Ord. No. 86-06, §§ 14—16; Ord. No. 91-12, § 4; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 13, 2-3-2021)

Sec. 106-320. - R-3 Medium Density Multifamily Residential District.

(a)

Application. This section shall apply to the R-3 Medium Density Multifamily Residential District unless otherwise provided under this Code.

(b)

Permitted uses. The following uses may be permitted subject to the application for a site plan review pursuant to division 4 of article II of this chapter.

(1)

Multifamily residential dwellings.

(2)

A one-family dwelling.

(3)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(4)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(5)

Home occupations.

(6)

Accessory dwelling units subject to the requirements of section 106-37.

(7)

Emergency shelters.

(8)

Employee housing.

(9)

Residential care homes for six or fewer.

(10)

Single room occupancy.

(11)

Supportive housing.

(12)

Transitional housing.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Bed and breakfast inns.

(10)

Residential care homes for seven to 14 persons.

(d)

Site area. The minimum site area shall be 6,000 square feet.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot frontage. Each site shall have no less than 60 feet of frontage on a public street, except that those sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. The minimum site area per dwelling unit shall be 2,000 square feet.

(j)

Coverage. The maximum site area covered by structures shall not exceed 65 percent.

(k)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be 15 feet with no parking permitted in the setback except on driveways which shall accommodate no more than one automobile per dwelling unit nor occupy more than 75 percent of the setback area. On a cul-de-sac or knuckle lot, the minimum front yard setback line shall be determined by scribing a straight line between two points located 15 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 12 feet.

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

(4)

(l)

Site plan review. All uses in the R-3 district except single-family dwellings shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-10.1—20-10.12; Ord. No. 84-08, A 10, §§ 1001—1012; Ord. No. 86-06, §§ 17—19; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 15-03, § 4; Ord. No. 21-01, § 14, 2-3-2021; Ord. No. 24-05, § 4, 5-1-2024)

Sec. 106-321. - R-4 Medium Density Multifamily Residential District.

(a)

Application. This section shall apply to the R-4 Medium Density Multifamily Residential District unless otherwise provided in this Code.

(b)

Permitted uses. The following uses may be permitted subject to the application for a conditional use permit per division 4 of article II of this chapter.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure area both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(6)

Emergency shelters.

(7)

Employee housing.

(8)

Residential care homes for six or fewer.

(9)

Single room occupancy.

(10)

Supportive housing.

(11)

Transitional housing.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Bed and breakfast inns.

(10)

Residential care homes for seven to 14 persons.

(d)

Site area. The minimum site area shall be 6,000 square feet.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot frontage. Each site shall not have less than 60 feet of frontage on a public street, except that those sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum lot width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. The minimum site area per dwelling unit shall be 1,000 square feet.

(j)

Coverage. The maximum site area covered by structures shall not exceed 70 percent.

(k)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be ten feet with no parking permitted in the setback except on driveways, which shall accommodate no more than one automobile per dwelling unit nor occupy more than 75 percent of the setback area. On a cul-de-sac or knuckle lot, the minimum front yard setback line shall be determined by scribing a straight line between two points located ten feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than eight feet.

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

(4)

(l)

Site plan review. All uses in the R-4 district except single-family dwelling shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-11.1—20-11.12; Ord. No. 84-08, A 11, §§ 1101—1112; Ord. No. 86-06, §§ 20—22; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 15-03, §§ 5, 6; Ord. No. 21-01, § 15, 2-3-2021; Ord. No. 24-03, § 2, 3-20-2024; Ord. No. 24-05, § 5, 5-1-2024)

Sec. 106-322. - MH Mobilehome Parks District.

(a)

Purpose and intent.

(1)

This section applies to the MH Mobilehome Parks District. The purpose of this section is to provide for the inclusion of manufactured housing (mobilehomes) in mobilehome parks, as defined in Administrative Code title 25 and the Health and Safety Code; to be located within any residential district of the city upon the application and approval of a conditional use permit and site plan review pursuant to divisions 3 and 4 of article II of this chapter, respectively.

(2)

This article does not include those provisions of State of California law relating to the placement of mobilehomes in any residential district on permanent foundations, the standards for which are regulated outside the provisions of this section.

(b)

Site area. The minimum site area shall be not less than two gross acres. There shall also be no less than 2,500 square feet of area for each mobilehome space within the park.

(c)

Recreation area. In addition to the above site areas, a mobilehome park shall provide one or more recreation areas totaling not less than 5,000 square feet with the aggregate recreational area being no less than 200 square feet for each mobilehome space within the park, whichever is greater. Community recreational facilities located within a structure may be considered as part of the recreational public area requirements.

(d)

Park access. Mobilehome parks shall be designed so that each unit does not face a public street and shall not have direct access to such street. Vehicular access within the park and ingress/egress to the park shall be controlled by the provisions provided in the conditional use permit and site plan review process.

(e)

Accessory structures. No accessory structure for use by the occupants other than a carport, garden structure, storage building, sun or wind shelter shall be erected within a mobilehome space. No accessory structure shall be permitted to be placed or remain on any lot in a mobilehome park unless a mobilehome is first placed upon said lot.

(f)

Parking and internal circulation. Not less than two on-site parking spaces shall be provided for each mobilehome space and all internal streets shall be improved and paved so as to provide adequate turning radius and drainage; the design and specifications for such improvements to be subject to the approval of the city engineer. No less than one guest parking space for every five mobilehomes shall be provided and appropriately dispersed throughout the mobilehome park.

(Code 1980, §§ 20-12.1—20-12.6; Ord. No. 84-08, A 12, §§ 1201—1206)

Sec. 106-323. - RMH Residential Mobilehome District.

(a)

Purpose. This section applies to the RMH Residential Mobilehome District. The provisions of this section are intended to provide for single-family conventional mobilehomes to be placed on a lot and not necessarily required to be placed on permanent foundations.

(b)

Permitted uses.

(1)

Mobilehomes notwithstanding the provisions of subsection (f) of this section.

(2)

Any use permitted in the R-1 district with the exception of accessory dwelling units.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit as regulated by division 3 of article II of this chapter: any use listed as a conditional use in the R-1 district.

(d)

Site area, frontage, width, depth, and yards. The lot, site area, frontage, width, depth and yard requirements shall be no less than that provided in the R-1 district.

(e)

Density and coverage. Density and coverage shall be no less than that provided in the R-1 district.

(f)

Additional provisions. The following additional provisions shall apply:

(1)

Mobilehomes used as single-family dwellings shall be permitted only if the following criteria are met:

The provisions of section 106-29 shall apply.

Unless on a permanent foundation, the underneath area between ground level and the floor of the mobilehome shall be screened from view by an opaque skirt around the entire perimeter of the base of the mobilehome.

Appliances of any type other than home heating or cooling equipment shall not be installed outside the mobilehome or accessory structures.

(Code 1980, §§ 20-13.5, 20-13.6; Ord. No. 84-08, A 13, §§ 1301—1306; Ord. No. 21-01, § 16, 2-3-2021)

Sec. 106-324. - Dwellings in all residential zones.

Except as provided, dwellings, including mobilehomes, in any residential zones shall meet the requirements of the respective zone and the following:

(1)

Each single-family dwelling shall contain not less than 480 square feet of building area and shall be at least 12 feet wide. Multiple-story, single-family dwellings shall have a ground floor containing not less than 480 square feet.

(2)

All single-family dwellings located on a lot permitting conventional single-family dwellings shall have a continuous concrete perimeter foundation or support system sufficient to support all loads of the structure including wind and seismic loads and shall be at least six inches above ground and/or at least 12 inches above median curb height.

(3)

Each single-family dwelling and attached garage shall have a roof with a minimum pitch of no less than 3:12. Room additions which are physically constrained to a flatter slope shall have the maximum available slope consistent with the approved roofing. Roof eaves on mobilehomes shall not be less than 16 inches. The community development director may allow less roof pitch when necessary to accommodate a recognized architectural style.

(4)

The roof and siding shall be nonreflective and not produce glare. Roofing and siding shall also have the appearance of an approved architectural style as determined by the community development director.

(5)

Appliances of any type other than home heating or cooling equipment shall not be installed outside the dwelling unit or accessory structure.

(Code 1980, § 20-13A; Ord. No. 92-10, § 5)

Sec. 106-325. - PO Professional Office District.

(a)

Purpose. This section applies to the PO Professional Office District. The PO district is intended to provide opportunities for the location of professional offices in close relationship to one another inside or outside of the commercial districts, to provide adequate space to meet the needs of such offices by providing adequate off-street parking and loading space and to protect office uses from noise and other disturbances not conducive to an office atmosphere, and to encourage the full development of properties which lie in the transition area between residential and nonresidential districts and which cannot be included practically within residential districts.

(b)

Permitted uses.

(1)

Offices which deal primarily in professional services in which goods, wares, merchandise are not commercially created, sold or exchanged for the private market, including medical offices, hospitals, engineering, architectural planning and landscape consulting, law, accounting, bookkeeping, banking and brokerage offices, travel agencies, medical and dental laboratories and clinics, not including hospitals, sanitariums, rest homes or nursing homes for mental patients or drug or liquor addiction cases.

(2)

Local, state and federal government facilities that supply various services to the public at large; radio and television stations.

(3)

Prescription pharmacies in connection with medical office buildings, clinics or hospitals.

(4)

Public and private charitable institutions, but not including hospitals, sanitariums, rest homes or nursing homes for mental patients or drug or liquor addiction cases.

(5)

Research and development engineering firms whose scientific and/or engineering investigation leads to the manufacturing of new material or equipment including the making of prototypes, but not including the manufacture of such material or equipment.

(6)

Accessory structures located on the same site as a permitted use.

(c)

Conditional uses. The following uses may be permitted in accordance with the provisions of division 3 of article II of this chapter.

(1)

Churches, manses and other religious institutions.

(2)

Public uses of a cultural type including libraries, museums, art galleries and other similar structures and facilities.

(3)

Any use permitted in the R-1, R-2, R-3 and R-4 districts, and if granted shall meet the setback requirements of that district.

(4)

Mortuaries.

(5)

Electrical transmission and distribution substations, gas regulator stations, communication equipment and transmitting stations, public service pumping stations and/or elevated pressure tanks.

(6)

Health clubs.

(7)

Heliports and helipads.

(8)

Restaurants.

(9)

Metal buildings.

(10)

Bed and breakfast inns.

(d)

Building height. Building height shall not exceed 35 feet.

(e)

Site area and frontage. The minimum site area for the PO district shall be 10,000 square feet with no less than 80 feet of frontage on a dedicated and improved public street, except that the sites which front on a cul-de-sac or knuckle may have a frontage of not less than 70 feet.

(f)

Lot depth and width. The minimum depth of each site shall be no less than 100 feet. The minimum width of each lot shall be no less than 80 feet except as noted in subsection (e) of this section.

(g)

Lot coverage. The maximum area covered by structures shall be no more than 65 percent of the site area.

(h)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be 15 feet.

(2)

The minimum side and rear yards shall be as follows:

Where a lot abuts the side or rear yard of a lot in any R District, the side or rear yard shall be no less than ten feet for each story of the main structure.

The street side of a corner lot shall be five feet except that where a reverse corner lot rears upon a lot in any R district, the side yard on the street side shall not be less than 50 percent of the front yard required on the key lot.

In all other cases, a side or rear yard is not required provided there is an easement on the adjacent lot to allow maintenance along the zero lot line.

(3)

There are some areas of the city where there are physical and practical difficulties in providing a setback as required in subsections (h)(1) and (2) of this section. In such cases the planning commission may reduce the required setback to not less than the setback required on the adjoining parcels.

(4)

The ordinary projection of sills, belt courses, cornices, buttresses, ornamental features, rain gutters and eaves may extend up to 36 inches into a required yard. No building or projection thereof may extend into a utility easement or public right-of-way nor shall the dripline of any structure fall outside of the lot on which it is located.

(i)

Site plan review. All uses in the PO district except single-family dwellings shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-14.1—20-14.9; Ord. No. 84-08, A 14, §§ 1401—1409; Ord. No. 86-06, § 23; Ord. No. 86-36, § 1; Ord. No. 89-16, § 4; Ord. No. 91-12, § 7)

Sec. 106-326. - CN Neighborhood Commercial District.

(a)

Purpose. This section applies to the CN Neighborhood Commercial District. The CN district is intended primarily to provide the retail goods and services required to meet the needs of local residents of one or more neighborhoods with such business activities conducted entirely within an enclosed building except the accessory use of outside gasoline service in conjunction with a permitted use.

(b)

Permitted uses.

(1)

Any local retail business or service establishment such as grocery, fruit and vegetable stores, bakery, drugstore, barber and beauty shops, florists, laundromats, drive-thru dairies, clothes cleaning and dyeing, variety store, hardware stores, which supply services and commodities for residents of a neighborhood.

(2)

Restaurants, cafes and soda fountains, not including entertainment or dancing or sale of alcoholic beverages for consumption on the premises.

(3)

Business, professional (not research and development) and medical offices. Accessory structures and uses customarily appurtenant to the permitted use such as incidental storage facilities.

(c)

Conditional uses. The following uses may be permitted in accordance with the provisions of division 3 of article II of this chapter.

(1)

Sale of alcoholic beverages for consumption on premises in establishments where the primary function is the sale of food, such as a restaurant, pizza parlor, etc.

(2)

Drive-thru restaurants.

(3)

Public and quasi-public uses appropriate in a CN district.

(4)

Social halls, lodges, fraternal organizations, and clubs.

(5)

Gasoline pumps when in conjunction with mini-marts.

(6)

Metal buildings.

(d)

Site area and frontage. The minimum site area for the CN district shall be no less than 6,000 square feet with no less than 60 feet of frontage on a public street.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot depth. The minimum lot depth shall be no less than 100 feet.

(g)

Yard requirements.

(1)

The front yard setback shall be no less than ten feet.

(2)

The minimum side or rear yard setback shall be as follows:

Where a CN district lot abuts a side or rear yard of any R district, the side or rear yard shall be no less than ten feet.

In all other cases, a side or rear yard is not required provided there is a common wall or an easement on the adjacent lot to allow maintenance along the zero lot line.

(3)

There are some areas of the city where there are physical and practical difficulties in providing a setback as required in subsections (g)(2)a and b of this section. In such cases the planning commission may reduce the required setback to not less than the setback required on the adjoining parcels.

(4)

(h)

Site plan review. All uses in the CN district shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-15.1—20-15.8; Ord. No. 84-08, A 15, §§ 1501—1508; Ord. No. 86-06, § 25; Ord. No. 89-16, § 5)

Sec. 106-327. - CG General Commercial District.

(a)

Purpose.

(1)

This section applies to the CG General Commercial District. The CG district is intended primarily to serve as the central trading district of the city along major arterials. This zone provides the accommodations for the sales of commodities, performance of services, repair facilities, wholesale and retail distribution of goods and services that are conducted entirely indoors. Parking, auto sales, nurseries, service stations, mobilehome sales and large vehicular equipment such as used in farming, trucking and open storage which is completely screened from view by a block wall are excluded from the provisions of being conducted entirely indoors.

(2)

Additionally, one live/work or manager/caretaker dwelling unit per legal, conforming lot and attached to a permitted use as specified in section 106-326(b) may be permitted for upon ministerial site plan review in compliance with the provisions of this chapter.

(b)

Permitted uses. Any use permitted in the CN district and PO district plus the following:

(1)

Addressograph services;

(2)

Apparel stores;

(3)

Appliance stores;

(4)

Art and antique stores;

(5)

Art and craft schools and colleges;

(6)

Art galleries;

(7)

Art supply stores;

(8)

Auction rooms;

(9)

New and used automobile, motorcycle and boat sales rooms and service incidental thereto;

(10)

Automobile parts supply stores;

(11)

Automobile service stations;

(12)

Bakeries;

(13)

Banks;

(14)

Bars, cocktail lounges and nightclubs;

(15)

Bicycle shops;

(16)

Blueprint and photocopy shops;

(17)

Book stores and rental libraries;

(18)

Bowling alleys;

(19)

Bus depots and transit stations;

(20)

Business, professional and trade schools and colleges;

(21)

Camera shops, photographic supplies and photography studios;

(22)

Card rooms;

(23)

Car washes;

(24)

Catering shops;

(25)

Clothing and costume rental establishments;

(26)

Communications equipment buildings;

(27)

Confectionery and ice cream stores;

(28)

Department stores;

(29)

Dry goods stores;

(30)

Minor electrical and electronic equipment sales and service;

(31)

Escrow offices;

(32)

Farm equipment sales and services;

(33)

Financial institutions;

(34)

Florists;

(35)

Frozen food lockers;

(36)

Furniture stores;

(37)

Garden shops and nurseries;

(38)

Gift, novelty or souvenir shops;

(39)

Glass shops;

(40)

Grocery stores;

(41)

Gunsmith shops;

(42)

Gymnasiums and health clubs;

(43)

Hardware stores;

(44)

Health food stores;

(45)

Hobby stores;

(46)

Home furnishings;

(47)

Home improvement centers;

(48)

Hotels, motels and apartment hotels;

(49)

Ice cream and confectionery stores;

(50)

Interior decorating shops;

(51)

Jewelry stores;

(52)

Leather goods and luggage stores;

(53)

Lending agencies;

(54)

Linen supply services;

(55)

Live/work use;

(56)

Locksmith;

(57)

Manager/caretaker use;

(58)

Medical, dental and orthopedic clinics or laboratories;

(59)

Millinery shops;

(60)

Mobilehome sales;

(61)

Mortuaries;

(62)

Music and dance studios;

(63)

Office and business machine sales and services;

(64)

Paint and wallpaper stores;

(65)

Parcel delivery services;

(66)

Pawn shops;

(67)

Pet and bird stores;

(68)

Printing shops;

(69)

Public and private charitable institutions;

(70)

Radio and television broadcasting studios;

(71)

Restaurants, including drive-in restaurants, cafes, and outdoor cafes;

(72)

Scientific instrument stores;

(73)

Secretarial services;

(74)

Shoe stores, sales and repair;

(75)

Sign shops;

(76)

Small animal hospitals and veterinary offices with no outside animal runs;

(77)

Sporting goods stores, including incidental boat sales;

(78)

Sports arenas within buildings;

(79)

Stamp and coin stores;

(80)

Stationery stores;

(81)

Storage garages;

(82)

Tailor and dressmaking shops;

(83)

Telegraph offices;

(84)

Theaters and auditoriums;

(85)

Tire, battery and alignment services (not including large trucks);

(86)

Tobacco shops;

(87)

Travel bureaus;

(88)

Upholstery shops;

(89)

Variety stores.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

Automobile rental agencies.

(2)

Electrical transmission or distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations.

(3)

Churches and other religious institutions.

(4)

Amusement centers and arcades.

(5)

Lodges, social halls, fraternal organizations and clubs.

(6)

Adult entertainment business as regulated by chapter 9.

(7)

Cabinet shops.

(8)

Plumbing and sheet metal shops.

(9)

Heliports and helipads.

(10)

Schools and day care centers.

(11)

Mini-storage warehouse complexes.

(12)

Metal buildings.

(13)

Pest control businesses, provided the business does not include any on-site storage of pesticides and chemicals.

(d)

Site area and frontage.

(1)

The minimum site area for the CG district shall be no less than 10,000 square feet, with no less than 80 feet of frontage on an existing or planned secondary arterial and no less than 100 feet of frontage on an existing or planned primary arterial.

(2)

Minimum parcel size in a designated common parking area in the CG district. The minimum lot frontage for a common parking area shall be 100 feet, and the minimum parcel depth shall be 100 feet with a minimum area of 20,000 square feet. The minimum site area for a parcel of land in the CG district shall be 3,000 square feet with a minimum frontage of 60 feet and minimum lot depth of 100 feet with a designated common parking area.

(e)

Building height. Building height shall not exceed 60 feet.

(f)

Lot depth. The minimum lot depth shall be no less than 100 feet.

(g)

Yard requirements.

(1)

The minimum front yard shall be five feet except when a greater setback is found necessary during site plan review.

(2)

The minimum side or rear yards shall be as follows:

Where a general commercial lot abuts a side or rear yard of any R district, the side or rear yard shall be no less than ten feet.

In all other cases, a side or rear yard is not required.

(3)

There are some areas of the city where there are physical and practical difficulties in providing a five-foot setback as required in subsections (g)(2)a and b of this section. In such cases the planning commission may reduce the required setback to not less than the setback required on the adjoining parcels.

(4)

(h)

Site plan review. All uses in the CG district shall comply with division 4 of article II of this chapter.

(i)

Development guidelines for live/work or manager/caretaker units. Development of permitted residential uses (manager/caretaker live/work dwelling units shall enhance the diversity section and safety of mixed-use and built form through compatibly designed infill. Conversions and additions to establish live/work uses utilizing appropriate commercial amenities, building materials, and landscaping in a high-quality environment is the overall goal, and shall be developed as follows:

(1)

Dwelling units located above commercial uses on the main floor shall have access at grade which is separate from the commercial component.

(2)

A maximum of one manager/caretaker dwelling unit shall be located per legal parcel.

(3)

Two off-street parking spaces shall be required per live/work or manager/caretaker unit.

(4)

A maximum of 50 percent of the gross floor area with a maximum of 1,250 square feet of all commercial development on the parcel shall be devoted to a residential dwelling unit.

(5)

Residential uses in the General Commercial Zone shall consist of only a manager/caretaker or live/work type dwelling unit as defined in section 106-2.

(6)

A permanent commercial use as permitted in section 106-2 shall be established on a parcel prior to a permitted manager/caretaker dwelling unit being established. No residential use shall be established prior to establishment of a commercial use.

(7)

A manager/caretaker or live/work residence shall not be permitted in conjunction with conditionally permitted uses as specified in section 106-3. Further, for health, safety and general welfare purposes, manager/caretaker or live/work residence shall not be permitted within 300 feet where hazardous materials dispensed and shall not be located on parcels accommodate bars, cocktail lounges, nightclubs or adult oriented businesses.

(Code 1980, §§ 20-16.1—20-16.9; Ord. No. 84-08, A 16, §§ 1601—1608; Ord. No. 87-09, § 1; Ord. No. 86-06, §§ 26—28; Ord. No. 88-03, § 3; Ord. No. 89-16, § 6; Ord. No. 92-03, § 3; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4)

Sec. 106-328. - CS Service Commercial District.

(a)

Purpose. This section applies to the CS Service Commercial District. The purpose of this section is to provide for heavy commercial land uses along major arterial streets where a mixture of commercial/light industrial type activities has or is expected to occur. This designation accommodates those heavy commercial land uses generally not appropriate to the general commercial area. It is intended to attract both indoor commercial uses and some selected outdoor uses which are compatible with existing or future adjoining activities. It is further meant to serve in some cases as a buffer zone between more restrictive commercial, industrial and residential areas, and to screen residential areas from noises generated by the city's transportation corridors. It is intended that this district be used in appropriate locations along select major arterial streets such as West Inyokern Road and East Ridgecrest Boulevard in such a manner as to enhance the entrances to the city. All uses wherein the open storage of appropriate materials is required shall provide for the screening of such materials from the public view by an opaque fence of no less than six feet in height.

(b)

Permitted uses.

(1)

All uses permitted in the CG district;

(2)

Ambulance service;

(3)

Auto body and fender repair and painting;

(4)

Auto repairing, overhauling and rebuilding;

(5)

Bottling plants;

(6)

Building material yards;

(7)

Cabinet shops;

(8)

Carpenter shops;

(9)

Cold storage plants;

(10)

Columbariums and crematoriums;

(11)

Contractor storage yards;

(12)

Dairy product plants;

(13)

Drapery laundry and supply services;

(14)

Drive-in theaters;

(15)

Major electrical repair shops;

(16)

Equipment rental yards;

(17)

Exterminator shops;

(18)

Freight forwarding terminals;

(19)

Furniture warehouses and moving van services;

(20)

Heating, ventilation, and air conditioning shops;

(21)

Kennels and small animal boarding facilities located not closer than 500 feet from a more restrictive district unless conducted entirely indoors;

(22)

Lumber yards not including sawing or planing mills;

(23)

Machinery sales, rental and service;

(24)

Plumbing and sheet metal shops;

(25)

Research and development facilities;

(26)

Service stations primarily related to truck service and repair (truck terminals);

(27)

Small animal hospitals, clinics and veterinary offices;

(28)

Storage yards for commercial vehicles;

(29)

Taxidermists;

(30)

Tire sales in conjunction with retreading and recapping;

(31)

Mobilehome sales and services need not be screened by a solid fence;

(32)

Warehouses except for the storage of large amounts of fuel, flammable liquids, toxic material or explosives;

(33)

Welding shops.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter:

(1)

Auto recycling yards;

(2)

Automobile rental agencies;

(3)

Churches and other religious institutions;

(4)

Lodges, social halls, fraternal organizations and clubs;

(5)

Amusement centers and arcades;

(6)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks;

(7)

Junkyards;

(8)

Schools and day care centers;

(9)

Watchman's quarters.

(d)

Site area and frontage.

(1)

The minimum site area shall be no less than 20,000 square feet with no less than 80 feet of frontage on an existing or planned secondary arterial and no less than 100 feet of frontage on an existing or planned primary arterial.

(2)

Minimum parcel size in a designated common parking area in the CS district. The minimum lot frontage for a common parking area shall be 100 feet, and the minimum parcel depth shall be 100 feet with a minimum area of 20,000 square feet. The minimum site area for a parcel of land in the CS district shall be 3,000 square feet with a minimum frontage of 60 feet and minimum lot depth of 100 feet within a designated common parking area.

(e)

Building height. Building height shall not exceed 60 feet.

(f)

Lot depth. The minimum lot depth shall be no less than 200 feet.

(g)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be five feet except when a greater setback is found necessary during site plan review.

(2)

The minimum side and rear yards shall be as follows:

The street side of a corner lot shall be five feet except that where a service commercial lot abuts a side or rear yard of any R district, the side or rear yard shall be no less than ten feet.

Where a reverse corner lot rears upon a lot in any R district, the side yard on the street shall be no less than 50 percent of the front yard required on the key lot.

In all other cases, no side or rear yard is required.

(3)

There are some areas of the city where there are physical and practical difficulties in providing a five foot setback as required in subsections (g)(2)a and b of this section. In such cases the planning commission may reduce the required setback to not less than the setback required on the adjoining parcels.

(4)

(h)

Site plan review. All uses in the CS district shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-17.1—20-17.8; Ord. No. 84-08, A 17, §§ 1701—1708; Ord. No. 86-06, §§ 29—31; Ord. No. 87-09, § 2; Ord. No. 88-03, § 4)

Sec. 106-329. - M-1 Light Industrial District.

(a)

Purpose.

(1)

This section applies to the M-1 Light Industrial District. The purpose of this section is to encourage and achieve appropriately located limited and small scale industrial uses for the assembly, fabrication, manufacturing and processing of goods, retailing and administrative activities, wholesaling, storage, warehousing, limited food processing, research and development, company offices, repair of service-oriented facilities and truck and rail facilities.

(2)

The area designated for industrial uses on the general plan provide opportunities for certain types of industrial uses to concentrate in mutually beneficial relationships to each other. It also provides adequate land area to meet the needs of modern industrial development that does not intrude into other noncompatible urban uses.

(b)

Permitted uses.

(1)

All uses permitted in the CS district.

(2)

Any kind of manufacture, compounding, storing, warehousing, assembling, processing, sales and service or treatment of products other than that which produces or may tend to produce, use, cause, or otherwise emit fumes, odor, dust, smoke, involve toxic materials, gas, noise or vibration that are or may be detrimental to properties and uses in the neighborhood or to the health and welfare of the occupants thereof or the city in general. When, in the opinion of the planning director, a proposed use does not fit the above general description, the matter will be referred to the planning commission for interpretation.

(3)

Animal hospitals, kennels and veterinary service located no closer than 500 feet from a more restrictive district unless conducted entirely indoors.

(4)

Office and retail stores and watchman living quarters incidental to and on the same site as the main use.

(c)

Conditional uses. The following uses may be permitted pursuant to division 3 of article II of this chapter.

(1)

Any uses not listed as permitted uses above, provided that, on the basis of the use permit application and the evidence submitted, the city planning commission makes the following findings in addition to the findings prescribed under conditional use permits:

That consideration of all determinable characteristics of the use which is the subject of the application indicates that the use has the same essential characteristics as the uses listed as permitted with respect to methods of operation, type of process, materials, equipment, structures, storage and appearances.

If the use involves nuisance or hazardous characteristics, that the application include sufficient evidence to indicate that special devices, construction or site design are planned to eliminate the nuisance or hazardous characteristic normally attendant to operation of the use.

In order to make the necessary findings, the commission may require submission of technical reports by consultants or other evidence in addition to the date described in the conditional use permit. This date, if so required, will be the basis for granting or denying the application for a conditional use permit. The commission is required to make appropriate findings in granting or denying the conditional use permit.

(d)

Building height. Building height shall not exceed 60 feet.

(e)

Site area. The minimum site area shall not be less than 10,000 square feet.

(f)

Lot frontage. Each site shall have no less than 100 feet of frontage on a public street except those lots that front on a cul-de-sac or knuckle may have a frontage of not less than 70 feet.

(g)

Lot width. The minimum width shall be no less than 100 feet.

(h)

Lot depth. The minimum lot depth shall be 100 feet.

(i)

Coverage. The maximum site area covered by structures shall not exceed 75 percent.

(j)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be five feet.

(2)

The minimum side and rear yard abutting any residential or professional office district shall be ten feet.

(3)

The street side of a corner lot shall be five feet.

(4)

No minimum side or rear yard is required except as provided above and as may be require during site plan review.

(k)

Site plan review. All uses in the light industrial (M-1) district shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-18.1—20-18.11; Ord. No. 84-08, A 18, §§ 1801—1811; Ord. No. 86-06, § 32)

Sec. 106-330. - M-2 Heavy Industrial District.

(a)

Purpose. This section applies to the M-2 Heavy Industrial District. The purpose of this district is to provide an area in the city for normal operations of almost all industries that are heavier than those permitted in the M-1 district and basically not compatible with residential and commercial uses. It excludes (unless effective mitigation measures are in place) offensive or unhealthful uses that involve creation or emission of dust, gas, smoke, fumes or other air pollutants, noises, vibration, liquid or solid wastes, uses that created undue traffic congestion, radioactivity, glare, fire, explosive hazard or other conditions that can conceivably affect overall health and safety of the residents of the city.

(b)

Permitted uses.

(1)

All uses permitted in the M-1 district;

(2)

Ordnance and accessories manufacturing;

(3)

Textile mill production;

(4)

Lumber and wood production such as sawmills;

(5)

Paper and allied production such as paper mills;

(6)

Chemicals and allied production;

(7)

Petroleum refining and related industries; asphalt paving mixtures and blocks, felts and coatings;

(8)

Rubber and miscellaneous plastic production;

(9)

Processing leather and production of leather goods;

(10)

Stone, clay, and glass production;

(11)

Fabricated metal production; as in heavy metal stamping mills;

(12)

Transportation equipment manufacturing;

(13)

Motor vehicle wrecking and scrap metal yards provided the facility is enclosed by a solid wall not less than six feet high.

(c)

Conditional uses. The following uses may be permitted pursuant to division 3 of article II of this chapter.

(1)

All uses listed as conditional uses in the CS district and M-1 district.

(2)

The following uses and other uses which involve nuisances, dangers of fire of explosion or other hazards to health and safety require special consideration by the planning commission relating to public health, safety and welfare. The commission may require submission of reports by technical consultants or other evidence in addition to the date prescribed in division 3 of article II of this chapter. This data, if required, will be the basis for granting or denying the application for a conditional use permit.

Cement, lime, gypsum and plaster of Paris manufacture;

Charcoal, lampblack and fuel briquettes manufacture;

Chemical products manufacture, including acetylene, aniline dyes, ammonia, carbide, caustic soda cellulose, chlorine, cleaning and polishing preparation, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton and other materials, nitrates of an explosive nature, potash, pyroxlin, rayon yarn, and carbolic, hydrochloric, picric and sulphuric acids;

Coal, coke and tar products manufacture;

Dumps and slag piles;

Fertilizer manufacture;

Film manufacture;

Fish products processing and packaging;

Gas manufacture or storage;

Gelatin, glue size and tallow manufacture from animal or fish refuse;

Incineration or reduction of garbage, offal and dead animals;

Insecticides, fungicides, disinfectants and similar agricultural, industrial, and household chemical compounds manufacture;

Manure, peat and topsoil processing and storage;

Metal and metal ores reduction, refining, smelting and alloying;

Paint manufacture including enamel, lacquer, shellac, turpentine and varnish;

Rolling mills and drop forges;

Soap manufacture including fat rendering;

Steam plants;

Stock yards, stock feeding yards and slaughter houses;

Stone quarries, gravel pits, and stone mills;

Wood and bone distillation;

Wood pulp and fiber reduction and processing.

(d)

Building height. Building height shall not exceed 60 feet.

(e)

Site area. The minimum site area shall be one gross acre.

(f)

Lot frontage. Each site shall have no less than 100 feet of frontage on a public street except those that front on a cul-de-sac or knuckle may have a frontage of not less than 70 feet.

(g)

Lot width. The minimum lot width shall be no less than 100 feet.

(h)

Lot depth. The minimum lot depth shall be 300 feet.

(i)

Coverage. The maximum site area covered by structures shall not exceed 75 percent.

(j)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be five feet.

(2)

The minimum side and rear yard abutting any residential or PO district shall be ten feet.

(3)

The street side of a corner lot shall be five feet.

(4)

No minimum side or rear yard is required except as provided above and as may be required during site plan review.

(k)

Site plan review. All uses in the M-2 Heavy Industrial District shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-19.1—20-19.11; Ord. No. 84-08, A 19, §§ 1901—1911; Ord. No. 86-06, § 33)

Sec. 106-342. - Purpose and intent.

This division applies to the PUD Planned Unit Development Overlay District. This section is intended to allow diversification in the relationship of various land uses, buildings, structures, lot sizes, setbacks, open space and subsequent design. The planned unit development, hereinafter sometimes "PUD," provides an integrated development by offering the opportunity for cohesive design when flexible regulations are applied. It offers the opportunity to provide a more functional, aesthetically pleasing and harmonious living and working environment within the city which otherwise might not be possible by strict application and adherence to the other provisions of this Code. In all instances, however, the planned unit development shall conform in all respects with the general plan. A planned unit development normally consists of individually owned lots together with common areas (open space, recreation and sometimes street improvements), which are owned in common by the lot owners.

(Code 1980, § 20-23.1; Ord. No. 88-12, § 3)

Sec. 106-343. - Application and fee.

(a)

The following information shall be supplied by the applicant for a PUD:

(1)

A preliminary development plan, drawn to a reasonable scale on 24-inch by 36-inch standard sheets, which shall indicate:

The proposed use or uses of all land within the subject area and the conceptual architectural design of all typical buildings and structures proposed in the development.

A circulation plan for all vehicular or pedestrian ways.

Landscaping, parking, and recreation areas, and other proposed common or open space areas.

General indication of drainage and utility provisions to serve the development.

Location and type of all proposed and existing structures, and indicating the location of all known and proposed easements.

(2)

A statement of reasons for including, in part or whole, any commercial, office, or other nonresidential uses in the development.

(3)

A statement concerning any public or quasi-public, recreational and educational areas within the development, including anticipated financing, development and maintenance.

(4)

Approximate location and number of dwelling units.

(5)

A statement indicating how and why the proposed development conforms to the general plan.

(6)

A statement requesting the overlay signed by the owner (in fee) of the subject land and the owner of any option to purchase the property or any portion thereof, if any.

(7)

Preliminary title report or other proof of ownership.

(b)

The city may initiate a PUD for a specific parcel or area without providing development plans when the purpose of such zone change is determined to serve the best interests of the city.

(c)

The application shall be accompanied by a fee set by a resolution of the city council.

(Code 1980, § 20-23.2; Ord. No. 88-12, § 3)

Sec. 106-344. - Procedure.

(a)

The community development director shall review the application with the applicant and appropriate city departments to determine whether the proposal meets the requirements of this section. When the proposal satisfies the general requirements of this section, the community development director shall schedule the proposal for hearing by the commission.

(b)

The commission shall conduct a duly noticed public hearing to consider the proposal. The notice shall be given and the hearing shall be conducted in the same manner as notices are given and hearings are conducted for zone amendments.

(c)

If the commission approves a proposal, the council shall conduct a duly noticed public hearing to consider the proposal. The notice shall be given and the hearing shall be conducted in the same manner as notices are given and hearings are conducted for zone amendments. The decision of the council shall be final.

(Code 1980, § 20-23.3; Ord. No. 88-12, § 3)

Sec. 106-345. - Required findings.

In approving and adopting the PUD application, the commission and the council shall find the following:

(1)

The applicant intends to start construction within two years from the effective date of the PUD;

(2)

The proposed planned unit development is in compliance with the general plan;

(3)

In the case of residential, commercial, and/or office development, that such development will constitute an urban environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood and community;

(4)

The development of a harmonious, integrated plan justifies exceptions from the normal application of this Code;

(5)

The conditions placed upon this development are necessary to achieve the purpose and intent of this Code.

(Code 1980, § 20-23.4; Ord. No. 88-12, § 3)

Sec. 106-346. - PUD standards.

(a)

The final development plan for the PUD shall include the following minimum information:

(1)

A site plan showing location and general dimensions of all proposed streets, parking area, pedestrian ways, recreational and common use facilities, general landscaping features, and the locations, number of stories and number of dwelling units of proposed buildings.

(2)

Conceptual elevations or perspective drawings showing general architectural appearance of proposed buildings.

(3)

Preliminary plans of all proposed utilities, including, but not limited to, water, sewer, communications, power and natural gas.

(4)

Preliminary drainage plan providing engineering information to determine adequacy.

(5)

A general statement indicating planned phases and timing of implementation.

(6)

A general statement of proposed provisions for maintenance and operation of common facilities.

(b)

There is no minimum site area for a PUD.

(c)

A PUD shall include only those uses allowed as either permitted or conditional uses in the zoning district which the PUD overlays, subject to the following:

(1)

The number of dwelling units or commercial sites within the development does not exceed the number of dwelling units or commercial sites permitted by the underlying zoning;

(2)

The uses permitted by the PUD overlay are not more intensive than those permitted by the underlying zoning; and

(3)

Gross area may be used in determining the number of units per acre allowed under the PUD.

(d)

The minimum common open space, not including streets or parking, in a PUD shall be ten percent of the net site area used for industrial or commercial development, this area to be used for landscaping and walkways or 20 percent of the net site area used for multifamily residential or single-family condominium development, this area to be used for landscaping, walkways, and common recreational areas.

(e)

All roof-mounted heating and cooling equipment proposed for any commercial or industrial structure located within a PUD shall be screened from public view by a parapet or other structural feature designed to match other portions of the building.

(f)

Open area and density per dwelling unit shall be as shown on the final development plan for the PUD. The permitted number of dwelling units may be distributed without applying the regulations of the underlying zone or zones, provided the development shall conform with the requirements of the general plan.

(g)

All common areas, including open spaces, community recreation facilities, common walkways, parking areas, private streets, sidewalks, curbs and gutters and all improvements as required by chapter 105 which are not dedicated and accepted, may be constructed only upon provision for preservation and future maintenance in a manner acceptable to the city.

(h)

All areas outside the property lines between sidewalks and the property lines shall be maintained through maintenance districts or deed restrictions to guarantee the perpetual maintenance of right-of-way landscaping. All documents must be referred to the city attorney and the planning commission for approval of their sufficiency.

(Code 1980, § 20-23.5; Ord. No. 88-12, § 3; Ord. No. 06-06, § 2)

Sec. 106-347. - Latitude of regulations.

The commission may require in the development plan standards, regulations, limitations, conditions and restrictions more restrictive than those specified elsewhere in this Code and which are designed to protect and maintain property values and community, including and relating to, but not limited to, the following:

(1)

Height limitations on buildings and structures;

(2)

Percent coverage of land by buildings and structures;

(3)

Parking ratios and areas so expressed in relation to use or various portions of the property and/or building floor area;

(4)

The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets;

(5)

Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscaping plan;

(6)

Construction of fences, walls and floodlighting of an approved design;

(7)

Limitations upon the size, design, number, lighting and location of signs and advertising structures;

(8)

Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;

(9)

Location and size of off-street loading areas and docks;

(10)

Uses of buildings and structure by general classification, and specific designation;

(11)

Architectural design of buildings and structures;

(12)

Schedule of time or phasing for construction and establishment of the proposed buildings, structures or land uses or any stage of development thereof;

(13)

Requirement of performance bonds to ensure development as approved, if deemed necessary by the commission;

(14)

Submit private deed restrictions, as approved by the department of real estate, that are necessary to ensure the continued viability and maintenance of the proposed development.

(Code 1980, § 20-23.6; Ord. No. 88-12, § 3)

Sec. 106-348. - Development plan modification.

(a)

The final development plan may be modified only by submitting an application and following the same procedure as is required in the initial review.

(b)

The city engineer and director may authorize minor modifications to an approved PUD, provided the modification is in substantial compliance with the approved final development plan.

(Code 1980, § 20-23.7; Ord. No. 88-12, § 3)

Sec. 106-349. - Termination of the PUD.

The applicant shall commence construction no later than one year from the effective date of the PUD. If construction has not been commenced, the PUD shall become null and void and the land use classification shall revert to the designation in effect immediately before the PUD overlay. Extensions of time to commence construction may be granted by the commission with the approval of the council upon presentation of proof of substantial hardship that inhibits the commencement of the development. Any such extension shall not exceed two years.

(Code 1980, § 20-23.8; Ord. No. 88-12, § 3)

Ridgecrest City Zoning Code

ARTICLE IV

ZONING DISTRICT REGULATIONS2

Footnotes:

--- (2) ---

State Law reference— Zones authorized, Government Code § 65851.

Sec. 106-308. - RSP Recreation, Schools and Public Use District.

(a)

(b)

Permitted uses.

(1)

(2)

Flood control channels and drainage ditches, water and gas reservoir distribution and pumping stations, irrigation ditches, settling and water recharge basins.

(3)

Any city, county state and special district facilities not inconsistent with this section.

(4)

(5)

Incidental and accessory structures and uses.

(c)

(d)

(e)

Yard requirements, distance between structures, coverage, fences, walls and hedges. Yard requirements shall be determined by the planning commission during the site plan review process.

(f)

(Code 1980, §§ 20-3.21, 20-4.1—20-4.6; Ord. No. 84-08, A 4, §§ 401—406)

Sec. 106-309. - CI Civic and Institutional District.

(a)

(b)

Permitted uses.

(1)

Public and private charitable institutions, hospitals, sanitariums.

(2)

(c)

(d)

(e)

Yard requirements, distance between structures, coverage, fences, walls and hedges. Yard requirements shall be determined by the planning commission during the site plan review process.

(f)

Site plan review. No use shall be permitted on any site in this district until a site plan review has been completed in accordance with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-4A.1—20-4A.6; Ord. No. 86-06, § 7)

Sec. 106-310. - UR Urban Reserve District.

(a)

Purpose and intent.

(1)

(2)

(3)

(b)

Permitted uses.

(1)

A one-family dwelling in areas designated by the general plan as rural residential or estate density.

(2)

The following uses are permitted:

Breeding, hatching, raising and fattening of poultry, fowl, birds, rabbits for domestic use, provided that such fowl or animal shall be limited in number to one per 2,000 square feet of site area.

Keeping of bovine animals and horses; provided, however, that there shall not be allowed on the premises more than one of any adult animal of the foregoing for each 40,000 square feet of site area.

There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes.

(c)

Conditional uses.

(1)

Boarding stables and riding stables of a commercial nature with no more than one adult animal for each 10,000 square feet of site.

(2)

Church and school uses.

(d)

Site area. The minimum site area shall be no less than 2½ gross acres.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

(g)

Yard requirements. The front, rear, and side yard requirements for the main dwelling shall be no less than those specified in the R-1 district.

(h)

(Code 1980, §§ 20-5.1—20-5.8; Ord. No. 84-08, A 5, §§ 501—508; Ord. No. 86-06, § 8; Ord. No. 86-26, § 1; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4)

Sec. 106-311. - PA Primary Agriculture District.

(a)

(1)

Permit the opportunity of developing rural size parcels which because of their size cannot be economically accommodated within urban areas;

(2)

Permit agricultural pursuits which may not be harmonious and compatible with urban areas; and

(3)

Ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect the safety and general welfare of people living on rural size parcels.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

One hog or pig per 10,000 square feet of area;

Three goats or three sheep or three similar livestock per 10,000 square feet of area;

24 chickens per 10,000 square feet of area;

Ten ducks or ten rabbits or ten similar livestock per 10,000 square feet of area;

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops;

Game preserves or refuges;

One stand for the sale of agricultural products grown on the premises.

(c)

(1)

The raising, feeding, maintaining, and breeding of poultry, foul, rabbits, fur-bearing animals, and the like, for other than domestic purposes.

(2)

Commercial hog and pig farming.

(3)

Dairies.

(4)

Livestock feed yards, animal sale yards.

(5)

Kennels, veterinarians clinics for farm animals and livestock, but not for companion and exotic animals.

(6)

Public and private nonprofit elementary schools, junior high schools, and colleges.

(7)

Art, craft, music and dancing schools.

(8)

Business, professional and trade schools or colleges.

(9)

Churches, public playgrounds, parks, community centers, libraries, museums, and similar uses and buildings.

(10)

Public airports and private landing strips.

(11)

Cemeteries, mausoleums, columbariums, and crematoriums.

(12)

(13)

Commercial stables, riding academies and hunting clubs.

(14)

Commercial aquaculture.

(15)

Game preserves and refuges.

(16)

Retail plant nurseries (indoor or outdoor), fruit and produce stands, commercial wood yards, including wood splitting.

(17)

Commercial mushroom farming.

(18)

Wholesale nurseries and greenhouses for the indoor propagation and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, and similar crops.

(19)

Minor agricultural services which serve the immediate vicinity including blacksmithing, welding, small machinery repair, and the like.

(20)

(21)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(22)

Guest houses.

(d)

Site area. The minimum site area shall be no less than five acres.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage. Each lot shall have not less than 300 feet of frontage on a public or private street.

(g)

Lot width. The minimum lot width of each lot shall be no less than 300 feet.

(h)

Lot depth. The minimum depth of each lot shall be no less than 600 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-5A.1—20-5A.10; Ord. No. 84-08, A 6, §§ 603, 609, 610; Ord. No. 87-19, § 1; Ord. No. 92-10, § 6)

Sec. 106-312. - RA Residential Agriculture District.

(a)

(1)

Permit the opportunity of developing rural size parcels which, because of their size, cannot be economically accommodated within urban areas;

(2)

Permit agricultural pursuits which may not be harmonious and compatible with urban areas; and

(3)

Ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect safety and general welfare of people living on rural size parcels.

(b)

Permitted uses. The following uses are permitted in the RA district:

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

One hog or pig per 10,000 square feet of area;

Three goats or three sheep or three similar livestock per 10,000 square feet of area;

24 chickens per 10,000 square feet of area;

Ten ducks or ten rabbits or ten similar livestock per 10,000 square feet of area;

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops; or

Equine boarding stables subject to requirements of subsection (b)(3) of this section.

(4)

Home occupations.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(6)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Uses permitted with a conditional use permit. The following uses may be permitted in the RA district with a conditional use permit:

(1)

One stand for the sale of agricultural products grown on the premises.

(2)

The raising, feeding, maintaining, and breeding of poultry, foul, rabbits, fur-bearing animals, and the like, for other than domestic purposes with the exception of slaughtering.

(3)

Kennels and veterinarian clinics.

(4)

Public and private nonprofit elementary schools, junior high schools, and colleges.

(5)

Art, craft, music and dancing schools.

(6)

Churches, public playgrounds, parks, community centers, libraries, museums, and similar uses and buildings.

(7)

Cemeteries, mausoleums, columbariums, and crematoriums.

(8)

(9)

Equine riding academies.

(10)

Game preserves and refuges other than for migratory birds.

(11)

Wholesale nurseries and greenhouses for the indoor propagation and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, and similar crops.

(12)

Minor agricultural services which serve the immediate vicinity including blacksmithing, welding, small machinery repair, and the like.

(13)

Guest houses.

(d)

Dimensional minimums. The following minimum dimensions apply in the RA district:

(1)

Site area. The minimum gross site area shall be no less than 2½ acres.

(2)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(3)

(4)

Lot width. The minimum lot width of each lot shall be no less than 220 feet except as otherwise provided.

(5)

Lot depth. The minimum depth of each lot shall be no less than 300 feet.

(6)

Site density. Not more than one dwelling unit shall be permitted on each site.

(7)

Yard requirements.

Side yard. The minimum side yard setback on each side of a main building shall not be less than 20 feet on either side.

(e)

Site plan review. All uses in the RA district except a single-family dwelling and incidental residential uses shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5B.1—20-5B.5; Ord. No. 94-25, § 3; Ord. No. 94-05, §§ 3—6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 5, 2-3-2021)

Sec. 106-313. - CEH Country Estate District; 2½-acre minimum.

(a)

Purpose and intent.

(1)

(2)

This district is intended primarily for application of land in natural and scenic areas to:

Permit the opportunity of developing rural size parcels which, because of their size, cannot be economically accommodated within urban areas;

Permit limited agricultural pursuits which may not be harmonious and compatible with urban areas; and

Ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect safety and general welfare of people living on rural size parcels.

(b)

Permitted uses. The following uses are permitted in the CEH district.

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Home occupations.

(4)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Uses permitted with a conditional use permit. The following uses may be permitted in CEH district with a conditional use permit.

(1)

One hog or pig per 10,000 square feet of area;

Three goats or three sheep or three similar livestock per 10,000 square feet of area;

24 chickens per 10,000 square feet of area;

Ten ducks or ten rabbits or ten similar livestock per 10,000 square feet of area; or

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops.

(2)

(3)

(4)

(5)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(6)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(d)

Dimensional minimums. The following minimums apply in the CEH district:

(1)

Site area. The minimum site area shall be no less than 2½ acres.

(2)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(3)

(4)

Lot width. The minimum lot width of each lot shall be no less than 220 feet except as provided in section 106-315(f).

(5)

Lot depth. The minimum depth of each lot shall be no less than 300 feet.

(6)

Site density. Not more than one dwelling unit shall be permitted on each site.

(7)

Yard requirements.

Side yard. The minimum side yard setback on each side of a main building shall not be less than 20 feet on either side.

(e)

Site plan review. All uses in the CEH district except a single-family dwelling and incidental residential uses shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5C.1—20-5C.5; Ord. No. 94-05, §§ 7—11; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 6, 2-3-2021)

Sec. 106-314. - CHA Country Estate District; one-acre minimum.

(a)

Purpose and intent.

(1)

(2)

This district is intended primarily for application of land in natural and scenic areas to:

Permit the opportunity of developing rural size parcels which because of their size cannot be economically accommodated within urban areas; and

To ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect safety and general welfare of people living on rural size parcels.

(b)

Permitted uses. The following uses are permitted in the CHA district:

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Home occupations.

(4)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Uses permitted with conditional uses. The following uses may be permitted in the CHA district with a conditional use permit:

(1)

(2)

(3)

(4)

(5)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(6)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(d)

Dimensional minimums.

(1)

Site area. The minimum site area shall be no less than one acre.

(2)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(3)

(4)

Lot width. The minimum lot width of each lot shall be no less than 110 feet except as provided in section 106-315(f).

(5)

Lot depth. The minimum depth of each lot shall be no less than 150 feet.

(6)

Site density. Not more than one dwelling unit shall be permitted on each site.

(7)

Yard requirements.

Side yard. The minimum side yard setback on each side of a main building shall not be less than ten feet on either side.

(e)

Site plan review. All uses in the CHA district except a single-family dwelling and incidental residential uses shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5D.1—20-5D.5; Ord. No. 94-05, §§ 12—14; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 7, 2-3-2021)

Sec. 106-315. - E-1 Estate Density District.

(a)

Purpose and intent.

(1)

(2)

This district is intended primarily for application of land in natural and scenic areas to:

Permit the opportunity of developing rural size parcels which because of their size cannot be economically accommodated within urban areas;

To permit limited agricultural pursuits which may not be harmonious and compatible with urban areas; and

To ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect the safety and general welfare of people living on rural size parcels.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Home occupations.

(4)

The keeping of domestic animals as regulated by section 106-310(b).

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(d)

Site area. The minimum site area shall be no less than 40,000 square feet.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

(g)

Lot width. The minimum lot width of each lot shall be no less than 110 feet except as provided in section 106-315(f).

(h)

Lot depth. The minimum depth of each lot shall be no less than 150 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-6.1—20-6.10; Ord. No. 84-08, A 6, §§ 601—610; Ord. No. 92-10, § 6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 8, 2-3-2021)

Sec. 106-316. - E-2 Estate District.

(a)

(1)

To promote and encourage a suitable environment for family life.

(2)

To provide space for community facilities needed to complement various styles of urban life.

(3)

To provide areas for institutions which require a residential environment.

(4)

(5)

To combine certain of the advantages of the urban and rural locations by permitted limited numbers of animals and fowl to be kept for pleasure or hobbies that do not involve commercial nature.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter:

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.

(d)

Site area. The minimum site area shall be 10,000 square feet.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

(g)

Lot width. The minimum width of each lot shall be no less than 70 feet except as provided in this subsection.

(h)

Lot depth. The minimum depth of each lot shall be no less than 110 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-7.1—20-7.10; Ord. No. 84-08, A 7, §§ 702—710; Ord. No. 86-06, § 9; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 9, 2-3-2021)

Sec. 106-317. - E-3 Estate District.

(a)

(1)

To promote and encourage a suitable environment for family life.

(2)

To provide space for community facilities needed to complement various styles of urban life.

(3)

To provide areas for institutions which require a residential environment.

(4)

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.

(d)

Site area. The minimum site area shall be 7,500 square feet.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage. Each site shall have no less than 60 feet of frontage on a public street except for those sites fronting on a cul-de-sac or knuckle which may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each lot shall be no less than 60 feet except as provided in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 110 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-7A.1—20-7A.10; Ord. No. 86-06, § 10; Ord. No. 92-10, § 6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 10, 2-3-2021)

Sec. 106-318. - R-1 Single-Family Residential District.

(a)

One-family dwelling district. This section shall apply in the R-1 Single-Family Residential District unless otherwise provided in this Code.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(6)

Employee housing for six or fewer employees.

(7)

Residential care homes for six or fewer

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Residential care homes for seven to 14 persons.

(d)

Building height. Building height shall not exceed 35 feet.

(e)

Site area. The minimum site area shall be 6,000 feet.

(f)

Lot frontages. Each site shall have no less than 60 feet of frontage on a public street, except for those sites fronting on a cul-de-sac or knuckle which may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Coverage. The maximum site area covered by structure, not including swimming pools, shall not exceed 60 percent.

(k)

Yard requirements.

(1)

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

On a reversed corner lot, the street side yard shall not be less than one-half the required front yard of the adjoining key lot.

Where a lot contains a pedestrian easement, all structures shall have a minimum side yard of five feet from the edge of the easement.

Sec. 106-319. - R-2 Low Density Multifamily Residential District.

(a)

Application. This section shall apply in the R-2 Low Density Multifamily Residential District unless otherwise provided in this Code.

(b)

Permitted uses.

(1)

Multifamily residential dwellings.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Home occupations.

(4)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(5)

Single-family dwellings.

(6)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Bed and breakfast inns.

(d)

Site area. The minimum site area shall be 6,000 square feet.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot frontage. Each site shall have not less than 60 feet of frontage on a public street, except that sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. The minimum site area per dwelling unit shall be 3,000 square feet.

(j)

Coverage. The maximum site area covered by structures shall not exceed 60 percent.

(k)

Yard requirements.

(1)

(2)

(3)

(4)

(l)

Site plan review. All uses in the R-2 district except a single-family dwelling shall comply with the provisions of division 4 of article II of this chapter.

Sec. 106-320. - R-3 Medium Density Multifamily Residential District.

(a)

Application. This section shall apply to the R-3 Medium Density Multifamily Residential District unless otherwise provided under this Code.

(b)

Permitted uses. The following uses may be permitted subject to the application for a site plan review pursuant to division 4 of article II of this chapter.

(1)

Multifamily residential dwellings.

(2)

A one-family dwelling.

(3)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(4)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(5)

Home occupations.

(6)

Accessory dwelling units subject to the requirements of section 106-37.

(7)

Emergency shelters.

(8)

Employee housing.

(9)

Residential care homes for six or fewer.

(10)

Single room occupancy.

(11)

Supportive housing.

(12)

Transitional housing.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Bed and breakfast inns.

(10)

Residential care homes for seven to 14 persons.

(d)

Site area. The minimum site area shall be 6,000 square feet.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot frontage. Each site shall have no less than 60 feet of frontage on a public street, except that those sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. The minimum site area per dwelling unit shall be 2,000 square feet.

(j)

Coverage. The maximum site area covered by structures shall not exceed 65 percent.

(k)

Yard requirements.

(1)

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

(4)

(l)

Site plan review. All uses in the R-3 district except single-family dwellings shall comply with the provisions of division 4 of article II of this chapter.

Sec. 106-321. - R-4 Medium Density Multifamily Residential District.

(a)

Application. This section shall apply to the R-4 Medium Density Multifamily Residential District unless otherwise provided in this Code.

(b)

Permitted uses. The following uses may be permitted subject to the application for a conditional use permit per division 4 of article II of this chapter.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure area both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(6)

Emergency shelters.

(7)

Employee housing.

(8)

Residential care homes for six or fewer.

(9)

Single room occupancy.

(10)

Supportive housing.

(11)

Transitional housing.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Bed and breakfast inns.

(10)

Residential care homes for seven to 14 persons.

(d)

Site area. The minimum site area shall be 6,000 square feet.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot frontage. Each site shall not have less than 60 feet of frontage on a public street, except that those sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum lot width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. The minimum site area per dwelling unit shall be 1,000 square feet.

(j)

Coverage. The maximum site area covered by structures shall not exceed 70 percent.

(k)

Yard requirements.

(1)

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

(4)

(l)

Site plan review. All uses in the R-4 district except single-family dwelling shall comply with the provisions of division 4 of article II of this chapter.

Sec. 106-322. - MH Mobilehome Parks District.

(a)

Purpose and intent.

(1)

(2)

(b)

Site area. The minimum site area shall be not less than two gross acres. There shall also be no less than 2,500 square feet of area for each mobilehome space within the park.

(c)

(d)

(e)

(f)

(Code 1980, §§ 20-12.1—20-12.6; Ord. No. 84-08, A 12, §§ 1201—1206)

Sec. 106-323. - RMH Residential Mobilehome District.

(a)

(b)

Permitted uses.

(1)

Mobilehomes notwithstanding the provisions of subsection (f) of this section.

(2)

Any use permitted in the R-1 district with the exception of accessory dwelling units.

(c)

(d)

Site area, frontage, width, depth, and yards. The lot, site area, frontage, width, depth and yard requirements shall be no less than that provided in the R-1 district.

(e)

Density and coverage. Density and coverage shall be no less than that provided in the R-1 district.

(f)

Additional provisions. The following additional provisions shall apply:

(1)

Mobilehomes used as single-family dwellings shall be permitted only if the following criteria are met:

The provisions of section 106-29 shall apply.

Appliances of any type other than home heating or cooling equipment shall not be installed outside the mobilehome or accessory structures.

(Code 1980, §§ 20-13.5, 20-13.6; Ord. No. 84-08, A 13, §§ 1301—1306; Ord. No. 21-01, § 16, 2-3-2021)

Sec. 106-324. - Dwellings in all residential zones.

Except as provided, dwellings, including mobilehomes, in any residential zones shall meet the requirements of the respective zone and the following:

(1)

(2)

(3)

(4)

(5)

Appliances of any type other than home heating or cooling equipment shall not be installed outside the dwelling unit or accessory structure.

(Code 1980, § 20-13A; Ord. No. 92-10, § 5)

Sec. 106-325. - PO Professional Office District.

(a)

(b)

Permitted uses.

(1)

(2)

Local, state and federal government facilities that supply various services to the public at large; radio and television stations.

(3)

Prescription pharmacies in connection with medical office buildings, clinics or hospitals.

(4)

Public and private charitable institutions, but not including hospitals, sanitariums, rest homes or nursing homes for mental patients or drug or liquor addiction cases.

(5)

(6)

Accessory structures located on the same site as a permitted use.

(c)

Conditional uses. The following uses may be permitted in accordance with the provisions of division 3 of article II of this chapter.

(1)

Churches, manses and other religious institutions.

(2)

Public uses of a cultural type including libraries, museums, art galleries and other similar structures and facilities.

(3)

Any use permitted in the R-1, R-2, R-3 and R-4 districts, and if granted shall meet the setback requirements of that district.

(4)

Mortuaries.

(5)

Electrical transmission and distribution substations, gas regulator stations, communication equipment and transmitting stations, public service pumping stations and/or elevated pressure tanks.

(6)

Health clubs.

(7)

Heliports and helipads.

(8)

Restaurants.

(9)

Metal buildings.

(10)

Bed and breakfast inns.

(d)

Building height. Building height shall not exceed 35 feet.

(e)

(f)

Lot depth and width. The minimum depth of each site shall be no less than 100 feet. The minimum width of each lot shall be no less than 80 feet except as noted in subsection (e) of this section.

(g)

Lot coverage. The maximum area covered by structures shall be no more than 65 percent of the site area.

(h)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be 15 feet.

(2)

The minimum side and rear yards shall be as follows:

Where a lot abuts the side or rear yard of a lot in any R District, the side or rear yard shall be no less than ten feet for each story of the main structure.

In all other cases, a side or rear yard is not required provided there is an easement on the adjacent lot to allow maintenance along the zero lot line.

(3)

(4)

(i)

Site plan review. All uses in the PO district except single-family dwellings shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-14.1—20-14.9; Ord. No. 84-08, A 14, §§ 1401—1409; Ord. No. 86-06, § 23; Ord. No. 86-36, § 1; Ord. No. 89-16, § 4; Ord. No. 91-12, § 7)

Sec. 106-326. - CN Neighborhood Commercial District.

(a)

(b)

Permitted uses.

(1)

(2)

Restaurants, cafes and soda fountains, not including entertainment or dancing or sale of alcoholic beverages for consumption on the premises.

(3)

Business, professional (not research and development) and medical offices. Accessory structures and uses customarily appurtenant to the permitted use such as incidental storage facilities.

(c)

Conditional uses. The following uses may be permitted in accordance with the provisions of division 3 of article II of this chapter.

(1)

Sale of alcoholic beverages for consumption on premises in establishments where the primary function is the sale of food, such as a restaurant, pizza parlor, etc.

(2)

Drive-thru restaurants.

(3)

Public and quasi-public uses appropriate in a CN district.

(4)

Social halls, lodges, fraternal organizations, and clubs.

(5)

Gasoline pumps when in conjunction with mini-marts.

(6)

Metal buildings.

(d)

Site area and frontage. The minimum site area for the CN district shall be no less than 6,000 square feet with no less than 60 feet of frontage on a public street.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot depth. The minimum lot depth shall be no less than 100 feet.

(g)

Yard requirements.

(1)

The front yard setback shall be no less than ten feet.

(2)

The minimum side or rear yard setback shall be as follows:

Where a CN district lot abuts a side or rear yard of any R district, the side or rear yard shall be no less than ten feet.

In all other cases, a side or rear yard is not required provided there is a common wall or an easement on the adjacent lot to allow maintenance along the zero lot line.

(3)

(4)

(h)

Site plan review. All uses in the CN district shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-15.1—20-15.8; Ord. No. 84-08, A 15, §§ 1501—1508; Ord. No. 86-06, § 25; Ord. No. 89-16, § 5)

Sec. 106-327. - CG General Commercial District.

(a)

Purpose.

(1)

(2)

(b)

Permitted uses. Any use permitted in the CN district and PO district plus the following:

(1)

Addressograph services;

(2)

Apparel stores;

(3)

Appliance stores;

(4)

Art and antique stores;

(5)

Art and craft schools and colleges;

(6)

Art galleries;

(7)

Art supply stores;

(8)

Auction rooms;

(9)

New and used automobile, motorcycle and boat sales rooms and service incidental thereto;

(10)

Automobile parts supply stores;

(11)

Automobile service stations;

(12)

Bakeries;

(13)

Banks;

(14)

Bars, cocktail lounges and nightclubs;

(15)

Bicycle shops;

(16)

Blueprint and photocopy shops;

(17)

Book stores and rental libraries;

(18)

Bowling alleys;

(19)

Bus depots and transit stations;

(20)

Business, professional and trade schools and colleges;

(21)

Camera shops, photographic supplies and photography studios;

(22)

Card rooms;

(23)

Car washes;

(24)

Catering shops;

(25)

Clothing and costume rental establishments;

(26)

Communications equipment buildings;

(27)

Confectionery and ice cream stores;

(28)

Department stores;

(29)

Dry goods stores;

(30)

Minor electrical and electronic equipment sales and service;

(31)

Escrow offices;

(32)

Farm equipment sales and services;

(33)

Financial institutions;

(34)

Florists;

(35)

Frozen food lockers;

(36)

Furniture stores;

(37)

Garden shops and nurseries;

(38)

Gift, novelty or souvenir shops;

(39)

Glass shops;

(40)

Grocery stores;

(41)

Gunsmith shops;

(42)

Gymnasiums and health clubs;

(43)

Hardware stores;

(44)

Health food stores;

(45)

Hobby stores;

(46)

Home furnishings;

(47)

Home improvement centers;

(48)

Hotels, motels and apartment hotels;

(49)

Ice cream and confectionery stores;

(50)

Interior decorating shops;

(51)

Jewelry stores;

(52)

Leather goods and luggage stores;

(53)

Lending agencies;

(54)

Linen supply services;

(55)

Live/work use;

(56)

Locksmith;

(57)

Manager/caretaker use;

(58)

Medical, dental and orthopedic clinics or laboratories;

(59)

Millinery shops;

(60)

Mobilehome sales;

(61)

Mortuaries;

(62)

Music and dance studios;

(63)

Office and business machine sales and services;

(64)

Paint and wallpaper stores;

(65)

Parcel delivery services;

(66)

Pawn shops;

(67)

Pet and bird stores;

(68)

Printing shops;

(69)

Public and private charitable institutions;

(70)

Radio and television broadcasting studios;

(71)

Restaurants, including drive-in restaurants, cafes, and outdoor cafes;

(72)

Scientific instrument stores;

(73)

Secretarial services;

(74)

Shoe stores, sales and repair;

(75)

Sign shops;

(76)

Small animal hospitals and veterinary offices with no outside animal runs;

(77)

Sporting goods stores, including incidental boat sales;

(78)

Sports arenas within buildings;

(79)

Stamp and coin stores;

(80)

Stationery stores;

(81)

Storage garages;

(82)

Tailor and dressmaking shops;

(83)

Telegraph offices;

(84)

Theaters and auditoriums;

(85)

Tire, battery and alignment services (not including large trucks);

(86)

Tobacco shops;

(87)

Travel bureaus;

(88)

Upholstery shops;

(89)

Variety stores.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

Automobile rental agencies.

(2)

Electrical transmission or distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations.

(3)

Churches and other religious institutions.

(4)

Amusement centers and arcades.

(5)

Lodges, social halls, fraternal organizations and clubs.

(6)

Adult entertainment business as regulated by chapter 9.

(7)

Cabinet shops.

(8)

Plumbing and sheet metal shops.

(9)

Heliports and helipads.

(10)

Schools and day care centers.

(11)

Mini-storage warehouse complexes.

(12)

Metal buildings.

(13)

Pest control businesses, provided the business does not include any on-site storage of pesticides and chemicals.

(d)

Site area and frontage.

(1)

(2)

(e)

Building height. Building height shall not exceed 60 feet.

(f)

Lot depth. The minimum lot depth shall be no less than 100 feet.

(g)

Yard requirements.

(1)

The minimum front yard shall be five feet except when a greater setback is found necessary during site plan review.

(2)

The minimum side or rear yards shall be as follows:

Where a general commercial lot abuts a side or rear yard of any R district, the side or rear yard shall be no less than ten feet.

In all other cases, a side or rear yard is not required.

(3)

(4)

(h)

Site plan review. All uses in the CG district shall comply with division 4 of article II of this chapter.

(i)

(1)

Dwelling units located above commercial uses on the main floor shall have access at grade which is separate from the commercial component.

(2)

A maximum of one manager/caretaker dwelling unit shall be located per legal parcel.

(3)

Two off-street parking spaces shall be required per live/work or manager/caretaker unit.

(4)

A maximum of 50 percent of the gross floor area with a maximum of 1,250 square feet of all commercial development on the parcel shall be devoted to a residential dwelling unit.

(5)

Residential uses in the General Commercial Zone shall consist of only a manager/caretaker or live/work type dwelling unit as defined in section 106-2.

(6)

(7)

Sec. 106-328. - CS Service Commercial District.

(a)

(b)

Permitted uses.

(1)

All uses permitted in the CG district;

(2)

Ambulance service;

(3)

Auto body and fender repair and painting;

(4)

Auto repairing, overhauling and rebuilding;

(5)

Bottling plants;

(6)

Building material yards;

(7)

Cabinet shops;

(8)

Carpenter shops;

(9)

Cold storage plants;

(10)

Columbariums and crematoriums;

(11)

Contractor storage yards;

(12)

Dairy product plants;

(13)

Drapery laundry and supply services;

(14)

Drive-in theaters;

(15)

Major electrical repair shops;

(16)

Equipment rental yards;

(17)

Exterminator shops;

(18)

Freight forwarding terminals;

(19)

Furniture warehouses and moving van services;

(20)

Heating, ventilation, and air conditioning shops;

(21)

Kennels and small animal boarding facilities located not closer than 500 feet from a more restrictive district unless conducted entirely indoors;

(22)

Lumber yards not including sawing or planing mills;

(23)

Machinery sales, rental and service;

(24)

Plumbing and sheet metal shops;

(25)

Research and development facilities;

(26)

Service stations primarily related to truck service and repair (truck terminals);

(27)

Small animal hospitals, clinics and veterinary offices;

(28)

Storage yards for commercial vehicles;

(29)

Taxidermists;

(30)

Tire sales in conjunction with retreading and recapping;

(31)

Mobilehome sales and services need not be screened by a solid fence;

(32)

Warehouses except for the storage of large amounts of fuel, flammable liquids, toxic material or explosives;

(33)

Welding shops.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter:

(1)

Auto recycling yards;

(2)

Automobile rental agencies;

(3)

Churches and other religious institutions;

(4)

Lodges, social halls, fraternal organizations and clubs;

(5)

Amusement centers and arcades;

(6)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks;

(7)

Junkyards;

(8)

Schools and day care centers;

(9)

Watchman's quarters.

(d)

Site area and frontage.

(1)

(2)

(e)

Building height. Building height shall not exceed 60 feet.

(f)

Lot depth. The minimum lot depth shall be no less than 200 feet.

(g)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be five feet except when a greater setback is found necessary during site plan review.

(2)

The minimum side and rear yards shall be as follows:

The street side of a corner lot shall be five feet except that where a service commercial lot abuts a side or rear yard of any R district, the side or rear yard shall be no less than ten feet.

Where a reverse corner lot rears upon a lot in any R district, the side yard on the street shall be no less than 50 percent of the front yard required on the key lot.

In all other cases, no side or rear yard is required.

(3)

(4)

(h)

Site plan review. All uses in the CS district shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-17.1—20-17.8; Ord. No. 84-08, A 17, §§ 1701—1708; Ord. No. 86-06, §§ 29—31; Ord. No. 87-09, § 2; Ord. No. 88-03, § 4)

Sec. 106-329. - M-1 Light Industrial District.

(a)

Purpose.

(1)

(2)

(b)

Permitted uses.

(1)

All uses permitted in the CS district.

(2)

(3)

Animal hospitals, kennels and veterinary service located no closer than 500 feet from a more restrictive district unless conducted entirely indoors.

(4)

Office and retail stores and watchman living quarters incidental to and on the same site as the main use.

(c)

Conditional uses. The following uses may be permitted pursuant to division 3 of article II of this chapter.

(1)

(d)

Building height. Building height shall not exceed 60 feet.

(e)

Site area. The minimum site area shall not be less than 10,000 square feet.

(f)

Lot frontage. Each site shall have no less than 100 feet of frontage on a public street except those lots that front on a cul-de-sac or knuckle may have a frontage of not less than 70 feet.

(g)

Lot width. The minimum width shall be no less than 100 feet.

(h)

Lot depth. The minimum lot depth shall be 100 feet.

(i)

Coverage. The maximum site area covered by structures shall not exceed 75 percent.

(j)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be five feet.

(2)

The minimum side and rear yard abutting any residential or professional office district shall be ten feet.

(3)

The street side of a corner lot shall be five feet.

(4)

No minimum side or rear yard is required except as provided above and as may be require during site plan review.

(k)

Site plan review. All uses in the light industrial (M-1) district shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-18.1—20-18.11; Ord. No. 84-08, A 18, §§ 1801—1811; Ord. No. 86-06, § 32)

Sec. 106-330. - M-2 Heavy Industrial District.

(a)

(b)

Permitted uses.

(1)

All uses permitted in the M-1 district;

(2)

Ordnance and accessories manufacturing;

(3)

Textile mill production;

(4)

Lumber and wood production such as sawmills;

(5)

Paper and allied production such as paper mills;

(6)

Chemicals and allied production;

(7)

Petroleum refining and related industries; asphalt paving mixtures and blocks, felts and coatings;

(8)

Rubber and miscellaneous plastic production;

(9)

Processing leather and production of leather goods;

(10)

Stone, clay, and glass production;

(11)

Fabricated metal production; as in heavy metal stamping mills;

(12)

Transportation equipment manufacturing;

(13)

Motor vehicle wrecking and scrap metal yards provided the facility is enclosed by a solid wall not less than six feet high.

(c)

Conditional uses. The following uses may be permitted pursuant to division 3 of article II of this chapter.

(1)

All uses listed as conditional uses in the CS district and M-1 district.

(2)

Cement, lime, gypsum and plaster of Paris manufacture;

Charcoal, lampblack and fuel briquettes manufacture;

Coal, coke and tar products manufacture;

Dumps and slag piles;

Fertilizer manufacture;

Film manufacture;

Fish products processing and packaging;

Gas manufacture or storage;

Gelatin, glue size and tallow manufacture from animal or fish refuse;

Incineration or reduction of garbage, offal and dead animals;

Insecticides, fungicides, disinfectants and similar agricultural, industrial, and household chemical compounds manufacture;

Manure, peat and topsoil processing and storage;

Metal and metal ores reduction, refining, smelting and alloying;

Paint manufacture including enamel, lacquer, shellac, turpentine and varnish;

Rolling mills and drop forges;

Soap manufacture including fat rendering;

Steam plants;

Stock yards, stock feeding yards and slaughter houses;

Stone quarries, gravel pits, and stone mills;

Wood and bone distillation;

Wood pulp and fiber reduction and processing.

(d)

Building height. Building height shall not exceed 60 feet.

(e)

Site area. The minimum site area shall be one gross acre.

(f)

Lot frontage. Each site shall have no less than 100 feet of frontage on a public street except those that front on a cul-de-sac or knuckle may have a frontage of not less than 70 feet.

(g)

Lot width. The minimum lot width shall be no less than 100 feet.

(h)

Lot depth. The minimum lot depth shall be 300 feet.

(i)

Coverage. The maximum site area covered by structures shall not exceed 75 percent.

(j)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be five feet.

(2)

The minimum side and rear yard abutting any residential or PO district shall be ten feet.

(3)

The street side of a corner lot shall be five feet.

(4)

No minimum side or rear yard is required except as provided above and as may be required during site plan review.

(k)

Site plan review. All uses in the M-2 Heavy Industrial District shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-19.1—20-19.11; Ord. No. 84-08, A 19, §§ 1901—1911; Ord. No. 86-06, § 33)

Sec. 106-342. - Purpose and intent.

(Code 1980, § 20-23.1; Ord. No. 88-12, § 3)

Sec. 106-343. - Application and fee.

(a)

The following information shall be supplied by the applicant for a PUD:

(1)

A preliminary development plan, drawn to a reasonable scale on 24-inch by 36-inch standard sheets, which shall indicate:

The proposed use or uses of all land within the subject area and the conceptual architectural design of all typical buildings and structures proposed in the development.

A circulation plan for all vehicular or pedestrian ways.

Landscaping, parking, and recreation areas, and other proposed common or open space areas.

General indication of drainage and utility provisions to serve the development.

Location and type of all proposed and existing structures, and indicating the location of all known and proposed easements.

(2)

A statement of reasons for including, in part or whole, any commercial, office, or other nonresidential uses in the development.

(3)

A statement concerning any public or quasi-public, recreational and educational areas within the development, including anticipated financing, development and maintenance.

(4)

Approximate location and number of dwelling units.

(5)

A statement indicating how and why the proposed development conforms to the general plan.

(6)

A statement requesting the overlay signed by the owner (in fee) of the subject land and the owner of any option to purchase the property or any portion thereof, if any.

(7)

Preliminary title report or other proof of ownership.

(b)

The city may initiate a PUD for a specific parcel or area without providing development plans when the purpose of such zone change is determined to serve the best interests of the city.

(c)

The application shall be accompanied by a fee set by a resolution of the city council.

(Code 1980, § 20-23.2; Ord. No. 88-12, § 3)

Sec. 106-344. - Procedure.

(a)

(b)

(c)

(Code 1980, § 20-23.3; Ord. No. 88-12, § 3)

Sec. 106-345. - Required findings.

In approving and adopting the PUD application, the commission and the council shall find the following:

(1)

The applicant intends to start construction within two years from the effective date of the PUD;

(2)

The proposed planned unit development is in compliance with the general plan;

(3)

(4)

The development of a harmonious, integrated plan justifies exceptions from the normal application of this Code;

(5)

The conditions placed upon this development are necessary to achieve the purpose and intent of this Code.

(Code 1980, § 20-23.4; Ord. No. 88-12, § 3)

Sec. 106-346. - PUD standards.

(a)

The final development plan for the PUD shall include the following minimum information:

(1)

(2)

Conceptual elevations or perspective drawings showing general architectural appearance of proposed buildings.

(3)

Preliminary plans of all proposed utilities, including, but not limited to, water, sewer, communications, power and natural gas.

(4)

Preliminary drainage plan providing engineering information to determine adequacy.

(5)

A general statement indicating planned phases and timing of implementation.

(6)

A general statement of proposed provisions for maintenance and operation of common facilities.

(b)

There is no minimum site area for a PUD.

(c)

A PUD shall include only those uses allowed as either permitted or conditional uses in the zoning district which the PUD overlays, subject to the following:

(1)

The number of dwelling units or commercial sites within the development does not exceed the number of dwelling units or commercial sites permitted by the underlying zoning;

(2)

The uses permitted by the PUD overlay are not more intensive than those permitted by the underlying zoning; and

(3)

Gross area may be used in determining the number of units per acre allowed under the PUD.

(d)

(e)

(f)

(g)

(h)

(Code 1980, § 20-23.5; Ord. No. 88-12, § 3; Ord. No. 06-06, § 2)

Sec. 106-347. - Latitude of regulations.

(1)

Height limitations on buildings and structures;

(2)

Percent coverage of land by buildings and structures;

(3)

Parking ratios and areas so expressed in relation to use or various portions of the property and/or building floor area;

(4)

The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets;

(5)

Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscaping plan;

(6)

Construction of fences, walls and floodlighting of an approved design;

(7)

Limitations upon the size, design, number, lighting and location of signs and advertising structures;

(8)

Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;

(9)

Location and size of off-street loading areas and docks;

(10)

Uses of buildings and structure by general classification, and specific designation;

(11)

Architectural design of buildings and structures;

(12)

Schedule of time or phasing for construction and establishment of the proposed buildings, structures or land uses or any stage of development thereof;

(13)

Requirement of performance bonds to ensure development as approved, if deemed necessary by the commission;

(14)

Submit private deed restrictions, as approved by the department of real estate, that are necessary to ensure the continued viability and maintenance of the proposed development.

(Code 1980, § 20-23.6; Ord. No. 88-12, § 3)

Sec. 106-348. - Development plan modification.

(a)

The final development plan may be modified only by submitting an application and following the same procedure as is required in the initial review.

(b)

The city engineer and director may authorize minor modifications to an approved PUD, provided the modification is in substantial compliance with the approved final development plan.

(Code 1980, § 20-23.7; Ord. No. 88-12, § 3)

Sec. 106-349. - Termination of the PUD.

(Code 1980, § 20-23.8; Ord. No. 88-12, § 3)

Ridgecrest City Zoning Code

ARTICLE IV

ZONING DISTRICT REGULATIONS2

Footnotes:

--- (2) ---

State Law reference— Zones authorized, Government Code § 65851.

Sec. 106-308. - RSP Recreation, Schools and Public Use District.

(a)

(b)

Permitted uses.

(1)

(2)

Flood control channels and drainage ditches, water and gas reservoir distribution and pumping stations, irrigation ditches, settling and water recharge basins.

(3)

Any city, county state and special district facilities not inconsistent with this section.

(4)

(5)

Incidental and accessory structures and uses.

(c)

(d)

(e)

Yard requirements, distance between structures, coverage, fences, walls and hedges. Yard requirements shall be determined by the planning commission during the site plan review process.

(f)

(Code 1980, §§ 20-3.21, 20-4.1—20-4.6; Ord. No. 84-08, A 4, §§ 401—406)

Sec. 106-309. - CI Civic and Institutional District.

(a)

(b)

Permitted uses.

(1)

Public and private charitable institutions, hospitals, sanitariums.

(2)

(c)

(d)

(e)

Yard requirements, distance between structures, coverage, fences, walls and hedges. Yard requirements shall be determined by the planning commission during the site plan review process.

(f)

Site plan review. No use shall be permitted on any site in this district until a site plan review has been completed in accordance with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-4A.1—20-4A.6; Ord. No. 86-06, § 7)

Sec. 106-310. - UR Urban Reserve District.

(a)

Purpose and intent.

(1)

(2)

(3)

(b)

Permitted uses.

(1)

A one-family dwelling in areas designated by the general plan as rural residential or estate density.

(2)

The following uses are permitted:

Breeding, hatching, raising and fattening of poultry, fowl, birds, rabbits for domestic use, provided that such fowl or animal shall be limited in number to one per 2,000 square feet of site area.

Keeping of bovine animals and horses; provided, however, that there shall not be allowed on the premises more than one of any adult animal of the foregoing for each 40,000 square feet of site area.

There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes.

(c)

Conditional uses.

(1)

Boarding stables and riding stables of a commercial nature with no more than one adult animal for each 10,000 square feet of site.

(2)

Church and school uses.

(d)

Site area. The minimum site area shall be no less than 2½ gross acres.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

(g)

Yard requirements. The front, rear, and side yard requirements for the main dwelling shall be no less than those specified in the R-1 district.

(h)

(Code 1980, §§ 20-5.1—20-5.8; Ord. No. 84-08, A 5, §§ 501—508; Ord. No. 86-06, § 8; Ord. No. 86-26, § 1; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4)

Sec. 106-311. - PA Primary Agriculture District.

(a)

(1)

Permit the opportunity of developing rural size parcels which because of their size cannot be economically accommodated within urban areas;

(2)

Permit agricultural pursuits which may not be harmonious and compatible with urban areas; and

(3)

Ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect the safety and general welfare of people living on rural size parcels.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

One hog or pig per 10,000 square feet of area;

Three goats or three sheep or three similar livestock per 10,000 square feet of area;

24 chickens per 10,000 square feet of area;

Ten ducks or ten rabbits or ten similar livestock per 10,000 square feet of area;

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops;

Game preserves or refuges;

One stand for the sale of agricultural products grown on the premises.

(c)

(1)

The raising, feeding, maintaining, and breeding of poultry, foul, rabbits, fur-bearing animals, and the like, for other than domestic purposes.

(2)

Commercial hog and pig farming.

(3)

Dairies.

(4)

Livestock feed yards, animal sale yards.

(5)

Kennels, veterinarians clinics for farm animals and livestock, but not for companion and exotic animals.

(6)

Public and private nonprofit elementary schools, junior high schools, and colleges.

(7)

Art, craft, music and dancing schools.

(8)

Business, professional and trade schools or colleges.

(9)

Churches, public playgrounds, parks, community centers, libraries, museums, and similar uses and buildings.

(10)

Public airports and private landing strips.

(11)

Cemeteries, mausoleums, columbariums, and crematoriums.

(12)

(13)

Commercial stables, riding academies and hunting clubs.

(14)

Commercial aquaculture.

(15)

Game preserves and refuges.

(16)

Retail plant nurseries (indoor or outdoor), fruit and produce stands, commercial wood yards, including wood splitting.

(17)

Commercial mushroom farming.

(18)

Wholesale nurseries and greenhouses for the indoor propagation and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, and similar crops.

(19)

Minor agricultural services which serve the immediate vicinity including blacksmithing, welding, small machinery repair, and the like.

(20)

(21)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(22)

Guest houses.

(d)

Site area. The minimum site area shall be no less than five acres.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage. Each lot shall have not less than 300 feet of frontage on a public or private street.

(g)

Lot width. The minimum lot width of each lot shall be no less than 300 feet.

(h)

Lot depth. The minimum depth of each lot shall be no less than 600 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-5A.1—20-5A.10; Ord. No. 84-08, A 6, §§ 603, 609, 610; Ord. No. 87-19, § 1; Ord. No. 92-10, § 6)

Sec. 106-312. - RA Residential Agriculture District.

(a)

(1)

Permit the opportunity of developing rural size parcels which, because of their size, cannot be economically accommodated within urban areas;

(2)

Permit agricultural pursuits which may not be harmonious and compatible with urban areas; and

(3)

Ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect safety and general welfare of people living on rural size parcels.

(b)

Permitted uses. The following uses are permitted in the RA district:

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

One hog or pig per 10,000 square feet of area;

Three goats or three sheep or three similar livestock per 10,000 square feet of area;

24 chickens per 10,000 square feet of area;

Ten ducks or ten rabbits or ten similar livestock per 10,000 square feet of area;

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops; or

Equine boarding stables subject to requirements of subsection (b)(3) of this section.

(4)

Home occupations.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(6)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Uses permitted with a conditional use permit. The following uses may be permitted in the RA district with a conditional use permit:

(1)

One stand for the sale of agricultural products grown on the premises.

(2)

The raising, feeding, maintaining, and breeding of poultry, foul, rabbits, fur-bearing animals, and the like, for other than domestic purposes with the exception of slaughtering.

(3)

Kennels and veterinarian clinics.

(4)

Public and private nonprofit elementary schools, junior high schools, and colleges.

(5)

Art, craft, music and dancing schools.

(6)

Churches, public playgrounds, parks, community centers, libraries, museums, and similar uses and buildings.

(7)

Cemeteries, mausoleums, columbariums, and crematoriums.

(8)

(9)

Equine riding academies.

(10)

Game preserves and refuges other than for migratory birds.

(11)

Wholesale nurseries and greenhouses for the indoor propagation and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, and similar crops.

(12)

Minor agricultural services which serve the immediate vicinity including blacksmithing, welding, small machinery repair, and the like.

(13)

Guest houses.

(d)

Dimensional minimums. The following minimum dimensions apply in the RA district:

(1)

Site area. The minimum gross site area shall be no less than 2½ acres.

(2)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(3)

(4)

Lot width. The minimum lot width of each lot shall be no less than 220 feet except as otherwise provided.

(5)

Lot depth. The minimum depth of each lot shall be no less than 300 feet.

(6)

Site density. Not more than one dwelling unit shall be permitted on each site.

(7)

Yard requirements.

Side yard. The minimum side yard setback on each side of a main building shall not be less than 20 feet on either side.

(e)

Site plan review. All uses in the RA district except a single-family dwelling and incidental residential uses shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5B.1—20-5B.5; Ord. No. 94-25, § 3; Ord. No. 94-05, §§ 3—6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 5, 2-3-2021)

Sec. 106-313. - CEH Country Estate District; 2½-acre minimum.

(a)

Purpose and intent.

(1)

(2)

This district is intended primarily for application of land in natural and scenic areas to:

Permit the opportunity of developing rural size parcels which, because of their size, cannot be economically accommodated within urban areas;

Permit limited agricultural pursuits which may not be harmonious and compatible with urban areas; and

Ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect safety and general welfare of people living on rural size parcels.

(b)

Permitted uses. The following uses are permitted in the CEH district.

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Home occupations.

(4)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Uses permitted with a conditional use permit. The following uses may be permitted in CEH district with a conditional use permit.

(1)

One hog or pig per 10,000 square feet of area;

Three goats or three sheep or three similar livestock per 10,000 square feet of area;

24 chickens per 10,000 square feet of area;

Ten ducks or ten rabbits or ten similar livestock per 10,000 square feet of area; or

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops.

(2)

(3)

(4)

(5)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(6)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(d)

Dimensional minimums. The following minimums apply in the CEH district:

(1)

Site area. The minimum site area shall be no less than 2½ acres.

(2)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(3)

(4)

Lot width. The minimum lot width of each lot shall be no less than 220 feet except as provided in section 106-315(f).

(5)

Lot depth. The minimum depth of each lot shall be no less than 300 feet.

(6)

Site density. Not more than one dwelling unit shall be permitted on each site.

(7)

Yard requirements.

Side yard. The minimum side yard setback on each side of a main building shall not be less than 20 feet on either side.

(e)

Site plan review. All uses in the CEH district except a single-family dwelling and incidental residential uses shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5C.1—20-5C.5; Ord. No. 94-05, §§ 7—11; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 6, 2-3-2021)

Sec. 106-314. - CHA Country Estate District; one-acre minimum.

(a)

Purpose and intent.

(1)

(2)

This district is intended primarily for application of land in natural and scenic areas to:

Permit the opportunity of developing rural size parcels which because of their size cannot be economically accommodated within urban areas; and

To ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect safety and general welfare of people living on rural size parcels.

(b)

Permitted uses. The following uses are permitted in the CHA district:

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Home occupations.

(4)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Uses permitted with conditional uses. The following uses may be permitted in the CHA district with a conditional use permit:

(1)

(2)

(3)

(4)

(5)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(6)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(d)

Dimensional minimums.

(1)

Site area. The minimum site area shall be no less than one acre.

(2)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(3)

(4)

Lot width. The minimum lot width of each lot shall be no less than 110 feet except as provided in section 106-315(f).

(5)

Lot depth. The minimum depth of each lot shall be no less than 150 feet.

(6)

Site density. Not more than one dwelling unit shall be permitted on each site.

(7)

Yard requirements.

Side yard. The minimum side yard setback on each side of a main building shall not be less than ten feet on either side.

(e)

Site plan review. All uses in the CHA district except a single-family dwelling and incidental residential uses shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5D.1—20-5D.5; Ord. No. 94-05, §§ 12—14; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 7, 2-3-2021)

Sec. 106-315. - E-1 Estate Density District.

(a)

Purpose and intent.

(1)

(2)

This district is intended primarily for application of land in natural and scenic areas to:

Permit the opportunity of developing rural size parcels which because of their size cannot be economically accommodated within urban areas;

To permit limited agricultural pursuits which may not be harmonious and compatible with urban areas; and

To ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect the safety and general welfare of people living on rural size parcels.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Home occupations.

(4)

The keeping of domestic animals as regulated by section 106-310(b).

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(d)

Site area. The minimum site area shall be no less than 40,000 square feet.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

(g)

Lot width. The minimum lot width of each lot shall be no less than 110 feet except as provided in section 106-315(f).

(h)

Lot depth. The minimum depth of each lot shall be no less than 150 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-6.1—20-6.10; Ord. No. 84-08, A 6, §§ 601—610; Ord. No. 92-10, § 6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 8, 2-3-2021)

Sec. 106-316. - E-2 Estate District.

(a)

(1)

To promote and encourage a suitable environment for family life.

(2)

To provide space for community facilities needed to complement various styles of urban life.

(3)

To provide areas for institutions which require a residential environment.

(4)

(5)

To combine certain of the advantages of the urban and rural locations by permitted limited numbers of animals and fowl to be kept for pleasure or hobbies that do not involve commercial nature.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter:

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.

(d)

Site area. The minimum site area shall be 10,000 square feet.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

(g)

Lot width. The minimum width of each lot shall be no less than 70 feet except as provided in this subsection.

(h)

Lot depth. The minimum depth of each lot shall be no less than 110 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-7.1—20-7.10; Ord. No. 84-08, A 7, §§ 702—710; Ord. No. 86-06, § 9; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 9, 2-3-2021)

Sec. 106-317. - E-3 Estate District.

(a)

(1)

To promote and encourage a suitable environment for family life.

(2)

To provide space for community facilities needed to complement various styles of urban life.

(3)

To provide areas for institutions which require a residential environment.

(4)

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.

(d)

Site area. The minimum site area shall be 7,500 square feet.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage. Each site shall have no less than 60 feet of frontage on a public street except for those sites fronting on a cul-de-sac or knuckle which may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each lot shall be no less than 60 feet except as provided in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 110 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-7A.1—20-7A.10; Ord. No. 86-06, § 10; Ord. No. 92-10, § 6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 10, 2-3-2021)

Sec. 106-318. - R-1 Single-Family Residential District.

(a)

One-family dwelling district. This section shall apply in the R-1 Single-Family Residential District unless otherwise provided in this Code.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(6)

Employee housing for six or fewer employees.

(7)

Residential care homes for six or fewer

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Residential care homes for seven to 14 persons.

(d)

Building height. Building height shall not exceed 35 feet.

(e)

Site area. The minimum site area shall be 6,000 feet.

(f)

Lot frontages. Each site shall have no less than 60 feet of frontage on a public street, except for those sites fronting on a cul-de-sac or knuckle which may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Coverage. The maximum site area covered by structure, not including swimming pools, shall not exceed 60 percent.

(k)

Yard requirements.

(1)

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

On a reversed corner lot, the street side yard shall not be less than one-half the required front yard of the adjoining key lot.

Where a lot contains a pedestrian easement, all structures shall have a minimum side yard of five feet from the edge of the easement.

Sec. 106-319. - R-2 Low Density Multifamily Residential District.

(a)

Application. This section shall apply in the R-2 Low Density Multifamily Residential District unless otherwise provided in this Code.

(b)

Permitted uses.

(1)

Multifamily residential dwellings.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Home occupations.

(4)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(5)

Single-family dwellings.

(6)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Bed and breakfast inns.

(d)

Site area. The minimum site area shall be 6,000 square feet.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot frontage. Each site shall have not less than 60 feet of frontage on a public street, except that sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. The minimum site area per dwelling unit shall be 3,000 square feet.

(j)

Coverage. The maximum site area covered by structures shall not exceed 60 percent.

(k)

Yard requirements.

(1)

(2)

(3)

(4)

(l)

Site plan review. All uses in the R-2 district except a single-family dwelling shall comply with the provisions of division 4 of article II of this chapter.

Sec. 106-320. - R-3 Medium Density Multifamily Residential District.

(a)

Application. This section shall apply to the R-3 Medium Density Multifamily Residential District unless otherwise provided under this Code.

(b)

Permitted uses. The following uses may be permitted subject to the application for a site plan review pursuant to division 4 of article II of this chapter.

(1)

Multifamily residential dwellings.

(2)

A one-family dwelling.

(3)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(4)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(5)

Home occupations.

(6)

Accessory dwelling units subject to the requirements of section 106-37.

(7)

Emergency shelters.

(8)

Employee housing.

(9)

Residential care homes for six or fewer.

(10)

Single room occupancy.

(11)

Supportive housing.

(12)

Transitional housing.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Bed and breakfast inns.

(10)

Residential care homes for seven to 14 persons.

(d)

Site area. The minimum site area shall be 6,000 square feet.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot frontage. Each site shall have no less than 60 feet of frontage on a public street, except that those sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. The minimum site area per dwelling unit shall be 2,000 square feet.

(j)

Coverage. The maximum site area covered by structures shall not exceed 65 percent.

(k)

Yard requirements.

(1)

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

(4)

(l)

Site plan review. All uses in the R-3 district except single-family dwellings shall comply with the provisions of division 4 of article II of this chapter.

Sec. 106-321. - R-4 Medium Density Multifamily Residential District.

(a)

Application. This section shall apply to the R-4 Medium Density Multifamily Residential District unless otherwise provided in this Code.

(b)

Permitted uses. The following uses may be permitted subject to the application for a conditional use permit per division 4 of article II of this chapter.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure area both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(6)

Emergency shelters.

(7)

Employee housing.

(8)

Residential care homes for six or fewer.

(9)

Single room occupancy.

(10)

Supportive housing.

(11)

Transitional housing.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

(2)

(3)

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Bed and breakfast inns.

(10)

Residential care homes for seven to 14 persons.

(d)

Site area. The minimum site area shall be 6,000 square feet.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot frontage. Each site shall not have less than 60 feet of frontage on a public street, except that those sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum lot width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. The minimum site area per dwelling unit shall be 1,000 square feet.

(j)

Coverage. The maximum site area covered by structures shall not exceed 70 percent.

(k)

Yard requirements.

(1)

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

(4)

(l)

Site plan review. All uses in the R-4 district except single-family dwelling shall comply with the provisions of division 4 of article II of this chapter.

Sec. 106-322. - MH Mobilehome Parks District.

(a)

Purpose and intent.

(1)

(2)

(b)

Site area. The minimum site area shall be not less than two gross acres. There shall also be no less than 2,500 square feet of area for each mobilehome space within the park.

(c)

(d)

(e)

(f)

(Code 1980, §§ 20-12.1—20-12.6; Ord. No. 84-08, A 12, §§ 1201—1206)

Sec. 106-323. - RMH Residential Mobilehome District.

(a)

(b)

Permitted uses.

(1)

Mobilehomes notwithstanding the provisions of subsection (f) of this section.

(2)

Any use permitted in the R-1 district with the exception of accessory dwelling units.

(c)

(d)

Site area, frontage, width, depth, and yards. The lot, site area, frontage, width, depth and yard requirements shall be no less than that provided in the R-1 district.

(e)

Density and coverage. Density and coverage shall be no less than that provided in the R-1 district.

(f)

Additional provisions. The following additional provisions shall apply:

(1)

Mobilehomes used as single-family dwellings shall be permitted only if the following criteria are met:

The provisions of section 106-29 shall apply.

Appliances of any type other than home heating or cooling equipment shall not be installed outside the mobilehome or accessory structures.

(Code 1980, §§ 20-13.5, 20-13.6; Ord. No. 84-08, A 13, §§ 1301—1306; Ord. No. 21-01, § 16, 2-3-2021)

Sec. 106-324. - Dwellings in all residential zones.

Except as provided, dwellings, including mobilehomes, in any residential zones shall meet the requirements of the respective zone and the following:

(1)

(2)

(3)

(4)

(5)

Appliances of any type other than home heating or cooling equipment shall not be installed outside the dwelling unit or accessory structure.

(Code 1980, § 20-13A; Ord. No. 92-10, § 5)

Sec. 106-325. - PO Professional Office District.

(a)

(b)

Permitted uses.

(1)

(2)

Local, state and federal government facilities that supply various services to the public at large; radio and television stations.

(3)

Prescription pharmacies in connection with medical office buildings, clinics or hospitals.

(4)

Public and private charitable institutions, but not including hospitals, sanitariums, rest homes or nursing homes for mental patients or drug or liquor addiction cases.

(5)

(6)

Accessory structures located on the same site as a permitted use.

(c)

Conditional uses. The following uses may be permitted in accordance with the provisions of division 3 of article II of this chapter.

(1)

Churches, manses and other religious institutions.

(2)

Public uses of a cultural type including libraries, museums, art galleries and other similar structures and facilities.

(3)

Any use permitted in the R-1, R-2, R-3 and R-4 districts, and if granted shall meet the setback requirements of that district.

(4)

Mortuaries.

(5)

Electrical transmission and distribution substations, gas regulator stations, communication equipment and transmitting stations, public service pumping stations and/or elevated pressure tanks.

(6)

Health clubs.

(7)

Heliports and helipads.

(8)

Restaurants.

(9)

Metal buildings.

(10)

Bed and breakfast inns.

(d)

Building height. Building height shall not exceed 35 feet.

(e)

(f)

Lot depth and width. The minimum depth of each site shall be no less than 100 feet. The minimum width of each lot shall be no less than 80 feet except as noted in subsection (e) of this section.

(g)

Lot coverage. The maximum area covered by structures shall be no more than 65 percent of the site area.

(h)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be 15 feet.

(2)

The minimum side and rear yards shall be as follows:

Where a lot abuts the side or rear yard of a lot in any R District, the side or rear yard shall be no less than ten feet for each story of the main structure.

In all other cases, a side or rear yard is not required provided there is an easement on the adjacent lot to allow maintenance along the zero lot line.

(3)

(4)

(i)

Site plan review. All uses in the PO district except single-family dwellings shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-14.1—20-14.9; Ord. No. 84-08, A 14, §§ 1401—1409; Ord. No. 86-06, § 23; Ord. No. 86-36, § 1; Ord. No. 89-16, § 4; Ord. No. 91-12, § 7)

Sec. 106-326. - CN Neighborhood Commercial District.

(a)

(b)

Permitted uses.

(1)

(2)

Restaurants, cafes and soda fountains, not including entertainment or dancing or sale of alcoholic beverages for consumption on the premises.

(3)

Business, professional (not research and development) and medical offices. Accessory structures and uses customarily appurtenant to the permitted use such as incidental storage facilities.

(c)

Conditional uses. The following uses may be permitted in accordance with the provisions of division 3 of article II of this chapter.

(1)

Sale of alcoholic beverages for consumption on premises in establishments where the primary function is the sale of food, such as a restaurant, pizza parlor, etc.

(2)

Drive-thru restaurants.

(3)

Public and quasi-public uses appropriate in a CN district.

(4)

Social halls, lodges, fraternal organizations, and clubs.

(5)

Gasoline pumps when in conjunction with mini-marts.

(6)

Metal buildings.

(d)

Site area and frontage. The minimum site area for the CN district shall be no less than 6,000 square feet with no less than 60 feet of frontage on a public street.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot depth. The minimum lot depth shall be no less than 100 feet.

(g)

Yard requirements.

(1)

The front yard setback shall be no less than ten feet.

(2)

The minimum side or rear yard setback shall be as follows:

Where a CN district lot abuts a side or rear yard of any R district, the side or rear yard shall be no less than ten feet.

In all other cases, a side or rear yard is not required provided there is a common wall or an easement on the adjacent lot to allow maintenance along the zero lot line.

(3)

(4)

(h)

Site plan review. All uses in the CN district shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-15.1—20-15.8; Ord. No. 84-08, A 15, §§ 1501—1508; Ord. No. 86-06, § 25; Ord. No. 89-16, § 5)

Sec. 106-327. - CG General Commercial District.

(a)

Purpose.

(1)

(2)

(b)

Permitted uses. Any use permitted in the CN district and PO district plus the following:

(1)

Addressograph services;

(2)

Apparel stores;

(3)

Appliance stores;

(4)

Art and antique stores;

(5)

Art and craft schools and colleges;

(6)

Art galleries;

(7)

Art supply stores;

(8)

Auction rooms;

(9)

New and used automobile, motorcycle and boat sales rooms and service incidental thereto;

(10)

Automobile parts supply stores;

(11)

Automobile service stations;

(12)

Bakeries;

(13)

Banks;

(14)

Bars, cocktail lounges and nightclubs;

(15)

Bicycle shops;

(16)

Blueprint and photocopy shops;

(17)

Book stores and rental libraries;

(18)

Bowling alleys;

(19)

Bus depots and transit stations;

(20)

Business, professional and trade schools and colleges;

(21)

Camera shops, photographic supplies and photography studios;

(22)

Card rooms;

(23)

Car washes;

(24)

Catering shops;

(25)

Clothing and costume rental establishments;

(26)

Communications equipment buildings;

(27)

Confectionery and ice cream stores;

(28)

Department stores;

(29)

Dry goods stores;

(30)

Minor electrical and electronic equipment sales and service;

(31)

Escrow offices;

(32)

Farm equipment sales and services;

(33)

Financial institutions;

(34)

Florists;

(35)

Frozen food lockers;

(36)

Furniture stores;

(37)

Garden shops and nurseries;

(38)

Gift, novelty or souvenir shops;

(39)

Glass shops;

(40)

Grocery stores;

(41)

Gunsmith shops;

(42)

Gymnasiums and health clubs;

(43)

Hardware stores;

(44)

Health food stores;

(45)

Hobby stores;

(46)

Home furnishings;

(47)

Home improvement centers;

(48)

Hotels, motels and apartment hotels;

(49)

Ice cream and confectionery stores;

(50)

Interior decorating shops;

(51)

Jewelry stores;

(52)

Leather goods and luggage stores;

(53)

Lending agencies;

(54)

Linen supply services;

(55)

Live/work use;

(56)

Locksmith;

(57)

Manager/caretaker use;

(58)

Medical, dental and orthopedic clinics or laboratories;

(59)

Millinery shops;

(60)

Mobilehome sales;

(61)

Mortuaries;

(62)

Music and dance studios;

(63)

Office and business machine sales and services;

(64)

Paint and wallpaper stores;

(65)

Parcel delivery services;

(66)

Pawn shops;

(67)

Pet and bird stores;

(68)

Printing shops;

(69)

Public and private charitable institutions;

(70)

Radio and television broadcasting studios;

(71)

Restaurants, including drive-in restaurants, cafes, and outdoor cafes;

(72)

Scientific instrument stores;

(73)

Secretarial services;

(74)

Shoe stores, sales and repair;

(75)

Sign shops;

(76)

Small animal hospitals and veterinary offices with no outside animal runs;

(77)

Sporting goods stores, including incidental boat sales;

(78)

Sports arenas within buildings;

(79)

Stamp and coin stores;

(80)

Stationery stores;

(81)

Storage garages;

(82)

Tailor and dressmaking shops;

(83)

Telegraph offices;

(84)

Theaters and auditoriums;

(85)

Tire, battery and alignment services (not including large trucks);

(86)

Tobacco shops;

(87)

Travel bureaus;

(88)

Upholstery shops;

(89)

Variety stores.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

Automobile rental agencies.

(2)

Electrical transmission or distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations.

(3)

Churches and other religious institutions.

(4)

Amusement centers and arcades.

(5)

Lodges, social halls, fraternal organizations and clubs.

(6)

Adult entertainment business as regulated by chapter 9.

(7)

Cabinet shops.

(8)

Plumbing and sheet metal shops.

(9)

Heliports and helipads.

(10)

Schools and day care centers.

(11)

Mini-storage warehouse complexes.

(12)

Metal buildings.

(13)

Pest control businesses, provided the business does not include any on-site storage of pesticides and chemicals.

(d)

Site area and frontage.

(1)

(2)

(e)

Building height. Building height shall not exceed 60 feet.

(f)

Lot depth. The minimum lot depth shall be no less than 100 feet.

(g)

Yard requirements.

(1)

The minimum front yard shall be five feet except when a greater setback is found necessary during site plan review.

(2)

The minimum side or rear yards shall be as follows:

Where a general commercial lot abuts a side or rear yard of any R district, the side or rear yard shall be no less than ten feet.

In all other cases, a side or rear yard is not required.

(3)

(4)

(h)

Site plan review. All uses in the CG district shall comply with division 4 of article II of this chapter.

(i)

(1)

Dwelling units located above commercial uses on the main floor shall have access at grade which is separate from the commercial component.

(2)

A maximum of one manager/caretaker dwelling unit shall be located per legal parcel.

(3)

Two off-street parking spaces shall be required per live/work or manager/caretaker unit.

(4)

A maximum of 50 percent of the gross floor area with a maximum of 1,250 square feet of all commercial development on the parcel shall be devoted to a residential dwelling unit.

(5)

Residential uses in the General Commercial Zone shall consist of only a manager/caretaker or live/work type dwelling unit as defined in section 106-2.

(6)

(7)

Sec. 106-328. - CS Service Commercial District.

(a)

(b)

Permitted uses.

(1)

All uses permitted in the CG district;

(2)

Ambulance service;

(3)

Auto body and fender repair and painting;

(4)

Auto repairing, overhauling and rebuilding;

(5)

Bottling plants;

(6)

Building material yards;

(7)

Cabinet shops;

(8)

Carpenter shops;

(9)

Cold storage plants;

(10)

Columbariums and crematoriums;

(11)

Contractor storage yards;

(12)

Dairy product plants;

(13)

Drapery laundry and supply services;

(14)

Drive-in theaters;

(15)

Major electrical repair shops;

(16)

Equipment rental yards;

(17)

Exterminator shops;

(18)

Freight forwarding terminals;

(19)

Furniture warehouses and moving van services;

(20)

Heating, ventilation, and air conditioning shops;

(21)

Kennels and small animal boarding facilities located not closer than 500 feet from a more restrictive district unless conducted entirely indoors;

(22)

Lumber yards not including sawing or planing mills;

(23)

Machinery sales, rental and service;

(24)

Plumbing and sheet metal shops;

(25)

Research and development facilities;

(26)

Service stations primarily related to truck service and repair (truck terminals);

(27)

Small animal hospitals, clinics and veterinary offices;

(28)

Storage yards for commercial vehicles;

(29)

Taxidermists;

(30)

Tire sales in conjunction with retreading and recapping;

(31)

Mobilehome sales and services need not be screened by a solid fence;

(32)

Warehouses except for the storage of large amounts of fuel, flammable liquids, toxic material or explosives;

(33)

Welding shops.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter:

(1)

Auto recycling yards;

(2)

Automobile rental agencies;

(3)

Churches and other religious institutions;

(4)

Lodges, social halls, fraternal organizations and clubs;

(5)

Amusement centers and arcades;

(6)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks;

(7)

Junkyards;

(8)

Schools and day care centers;

(9)

Watchman's quarters.

(d)

Site area and frontage.

(1)

(2)

(e)

Building height. Building height shall not exceed 60 feet.

(f)

Lot depth. The minimum lot depth shall be no less than 200 feet.

(g)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be five feet except when a greater setback is found necessary during site plan review.

(2)

The minimum side and rear yards shall be as follows:

The street side of a corner lot shall be five feet except that where a service commercial lot abuts a side or rear yard of any R district, the side or rear yard shall be no less than ten feet.

Where a reverse corner lot rears upon a lot in any R district, the side yard on the street shall be no less than 50 percent of the front yard required on the key lot.

In all other cases, no side or rear yard is required.

(3)

(4)

(h)

Site plan review. All uses in the CS district shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-17.1—20-17.8; Ord. No. 84-08, A 17, §§ 1701—1708; Ord. No. 86-06, §§ 29—31; Ord. No. 87-09, § 2; Ord. No. 88-03, § 4)

Sec. 106-329. - M-1 Light Industrial District.

(a)

Purpose.

(1)

(2)

(b)

Permitted uses.

(1)

All uses permitted in the CS district.

(2)

(3)

Animal hospitals, kennels and veterinary service located no closer than 500 feet from a more restrictive district unless conducted entirely indoors.

(4)

Office and retail stores and watchman living quarters incidental to and on the same site as the main use.

(c)

Conditional uses. The following uses may be permitted pursuant to division 3 of article II of this chapter.

(1)

(d)

Building height. Building height shall not exceed 60 feet.

(e)

Site area. The minimum site area shall not be less than 10,000 square feet.

(f)

Lot frontage. Each site shall have no less than 100 feet of frontage on a public street except those lots that front on a cul-de-sac or knuckle may have a frontage of not less than 70 feet.

(g)

Lot width. The minimum width shall be no less than 100 feet.

(h)

Lot depth. The minimum lot depth shall be 100 feet.

(i)

Coverage. The maximum site area covered by structures shall not exceed 75 percent.

(j)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be five feet.

(2)

The minimum side and rear yard abutting any residential or professional office district shall be ten feet.

(3)

The street side of a corner lot shall be five feet.

(4)

No minimum side or rear yard is required except as provided above and as may be require during site plan review.

(k)

Site plan review. All uses in the light industrial (M-1) district shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-18.1—20-18.11; Ord. No. 84-08, A 18, §§ 1801—1811; Ord. No. 86-06, § 32)

Sec. 106-330. - M-2 Heavy Industrial District.

(a)

(b)

Permitted uses.

(1)

All uses permitted in the M-1 district;

(2)

Ordnance and accessories manufacturing;

(3)

Textile mill production;

(4)

Lumber and wood production such as sawmills;

(5)

Paper and allied production such as paper mills;

(6)

Chemicals and allied production;

(7)

Petroleum refining and related industries; asphalt paving mixtures and blocks, felts and coatings;

(8)

Rubber and miscellaneous plastic production;

(9)

Processing leather and production of leather goods;

(10)

Stone, clay, and glass production;

(11)

Fabricated metal production; as in heavy metal stamping mills;

(12)

Transportation equipment manufacturing;

(13)

Motor vehicle wrecking and scrap metal yards provided the facility is enclosed by a solid wall not less than six feet high.

(c)

Conditional uses. The following uses may be permitted pursuant to division 3 of article II of this chapter.

(1)

All uses listed as conditional uses in the CS district and M-1 district.

(2)

Cement, lime, gypsum and plaster of Paris manufacture;

Charcoal, lampblack and fuel briquettes manufacture;

Coal, coke and tar products manufacture;

Dumps and slag piles;

Fertilizer manufacture;

Film manufacture;

Fish products processing and packaging;

Gas manufacture or storage;

Gelatin, glue size and tallow manufacture from animal or fish refuse;

Incineration or reduction of garbage, offal and dead animals;

Insecticides, fungicides, disinfectants and similar agricultural, industrial, and household chemical compounds manufacture;

Manure, peat and topsoil processing and storage;

Metal and metal ores reduction, refining, smelting and alloying;

Paint manufacture including enamel, lacquer, shellac, turpentine and varnish;

Rolling mills and drop forges;

Soap manufacture including fat rendering;

Steam plants;

Stock yards, stock feeding yards and slaughter houses;

Stone quarries, gravel pits, and stone mills;

Wood and bone distillation;

Wood pulp and fiber reduction and processing.

(d)

Building height. Building height shall not exceed 60 feet.

(e)

Site area. The minimum site area shall be one gross acre.

(f)

Lot frontage. Each site shall have no less than 100 feet of frontage on a public street except those that front on a cul-de-sac or knuckle may have a frontage of not less than 70 feet.

(g)

Lot width. The minimum lot width shall be no less than 100 feet.

(h)

Lot depth. The minimum lot depth shall be 300 feet.

(i)

Coverage. The maximum site area covered by structures shall not exceed 75 percent.

(j)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be five feet.

(2)

The minimum side and rear yard abutting any residential or PO district shall be ten feet.

(3)

The street side of a corner lot shall be five feet.

(4)

No minimum side or rear yard is required except as provided above and as may be required during site plan review.

(k)

Site plan review. All uses in the M-2 Heavy Industrial District shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-19.1—20-19.11; Ord. No. 84-08, A 19, §§ 1901—1911; Ord. No. 86-06, § 33)

Sec. 106-342. - Purpose and intent.

(Code 1980, § 20-23.1; Ord. No. 88-12, § 3)

Sec. 106-343. - Application and fee.

(a)

The following information shall be supplied by the applicant for a PUD:

(1)

A preliminary development plan, drawn to a reasonable scale on 24-inch by 36-inch standard sheets, which shall indicate:

The proposed use or uses of all land within the subject area and the conceptual architectural design of all typical buildings and structures proposed in the development.

A circulation plan for all vehicular or pedestrian ways.

Landscaping, parking, and recreation areas, and other proposed common or open space areas.

General indication of drainage and utility provisions to serve the development.

Location and type of all proposed and existing structures, and indicating the location of all known and proposed easements.

(2)

A statement of reasons for including, in part or whole, any commercial, office, or other nonresidential uses in the development.

(3)

A statement concerning any public or quasi-public, recreational and educational areas within the development, including anticipated financing, development and maintenance.

(4)

Approximate location and number of dwelling units.

(5)

A statement indicating how and why the proposed development conforms to the general plan.

(6)

A statement requesting the overlay signed by the owner (in fee) of the subject land and the owner of any option to purchase the property or any portion thereof, if any.

(7)

Preliminary title report or other proof of ownership.

(b)

The city may initiate a PUD for a specific parcel or area without providing development plans when the purpose of such zone change is determined to serve the best interests of the city.

(c)

The application shall be accompanied by a fee set by a resolution of the city council.

(Code 1980, § 20-23.2; Ord. No. 88-12, § 3)

Sec. 106-344. - Procedure.

(a)

(b)

(c)

(Code 1980, § 20-23.3; Ord. No. 88-12, § 3)

Sec. 106-345. - Required findings.

In approving and adopting the PUD application, the commission and the council shall find the following:

(1)

The applicant intends to start construction within two years from the effective date of the PUD;

(2)

The proposed planned unit development is in compliance with the general plan;

(3)

(4)

The development of a harmonious, integrated plan justifies exceptions from the normal application of this Code;

(5)

The conditions placed upon this development are necessary to achieve the purpose and intent of this Code.

(Code 1980, § 20-23.4; Ord. No. 88-12, § 3)

Sec. 106-346. - PUD standards.

(a)

The final development plan for the PUD shall include the following minimum information:

(1)

(2)

Conceptual elevations or perspective drawings showing general architectural appearance of proposed buildings.

(3)

Preliminary plans of all proposed utilities, including, but not limited to, water, sewer, communications, power and natural gas.

(4)

Preliminary drainage plan providing engineering information to determine adequacy.

(5)

A general statement indicating planned phases and timing of implementation.

(6)

A general statement of proposed provisions for maintenance and operation of common facilities.

(b)

There is no minimum site area for a PUD.

(c)

A PUD shall include only those uses allowed as either permitted or conditional uses in the zoning district which the PUD overlays, subject to the following:

(1)

The number of dwelling units or commercial sites within the development does not exceed the number of dwelling units or commercial sites permitted by the underlying zoning;

(2)

The uses permitted by the PUD overlay are not more intensive than those permitted by the underlying zoning; and

(3)

Gross area may be used in determining the number of units per acre allowed under the PUD.

(d)

(e)

(f)

(g)

(h)

(Code 1980, § 20-23.5; Ord. No. 88-12, § 3; Ord. No. 06-06, § 2)

Sec. 106-347. - Latitude of regulations.

(1)

Height limitations on buildings and structures;

(2)

Percent coverage of land by buildings and structures;

(3)

Parking ratios and areas so expressed in relation to use or various portions of the property and/or building floor area;

(4)

The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets;

(5)

Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscaping plan;

(6)

Construction of fences, walls and floodlighting of an approved design;

(7)

Limitations upon the size, design, number, lighting and location of signs and advertising structures;

(8)

Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;

(9)

Location and size of off-street loading areas and docks;

(10)

Uses of buildings and structure by general classification, and specific designation;

(11)

Architectural design of buildings and structures;

(12)

Schedule of time or phasing for construction and establishment of the proposed buildings, structures or land uses or any stage of development thereof;

(13)

Requirement of performance bonds to ensure development as approved, if deemed necessary by the commission;

(14)

Submit private deed restrictions, as approved by the department of real estate, that are necessary to ensure the continued viability and maintenance of the proposed development.

(Code 1980, § 20-23.6; Ord. No. 88-12, § 3)

Sec. 106-348. - Development plan modification.

(a)

The final development plan may be modified only by submitting an application and following the same procedure as is required in the initial review.

(b)

The city engineer and director may authorize minor modifications to an approved PUD, provided the modification is in substantial compliance with the approved final development plan.

(Code 1980, § 20-23.7; Ord. No. 88-12, § 3)

Sec. 106-349. - Termination of the PUD.

(Code 1980, § 20-23.8; Ord. No. 88-12, § 3)