A1 (general agricultural) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230; Ord. No. NS-455, § 1, 6-20-60)

The following uses are permitted in the A1 district:

(a)

Farming, including all types of crop agriculture and horticulture, grazing, small animal farms, and similar types of farming, except:

(1)

Hog and commercial livestock feeding ranches; and

(2)

Farms operated publicly or privately for the disposal of garbage, sewage, rubbish or offal.

(b)

Parks, playgrounds and recreation buildings of a public or quasi-public character, golf courses, country clubs and other similar uses.

(c)

Accessory buildings, structures and uses.

(d)

Temporary stands for the sale of agricultural or farming products grown or produced on the premises shall be permitted as accessory uses upon the following conditions:

(1)

When placed for a period of more than ninety (90) days, plans shall be submitted to and approved by the planning commission;

(2)

The floor area of such stand shall not exceed one hundred (100) square feet;

(3)

The owner shall remove such stand at his own expense when not in use;

(4)

The stand shall not be located closer than twenty (20) feet from any public right-of-way.

(e)

One (1) one-family dwelling, detached guest home and employees' quarters, all of a permanent character; a density of one dwelling unit for each six thousand (6,000) square feet of lot area shall be permitted provided the lot has an area of one-half (½) acre or less.

(Code 1952, § 9230.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-635, § 2, 3-4-63; Ord. No. NS-988, § 1, 11-17-69; Ord. No. NS-1226, § 9, 10-7 -74; Ord. No. NS-1297, § 1, 2-17-76; Ord. No. NS-1352, § 1, 4-4-77; Ord. No. NS-1654, § 7,11-1-82; Ord. No. NS-1732, § 5, 6-25-84)

The following uses may be permitted in the A1 district subject to the issuance of a conditional use permit:

(a)

Public utility buildings and structures, including electric distribution and transmission substations.

(b)

Cemeteries, mausoleums and crematories.

(c)

Mining, quarrying and other earth extraction industries.

(d)

Commercial or public airports and landing fields.

(e)

Private airplane landing fields.

(f)

Commercial dairies having herds of more than five (5) head.

(g)

Commercial stables and riding academies.

(h)

Feed mills.

(i)

Packing plants for whole agricultural products.

(j)

Commercial egg production, candling and sales; commercial production of poultry, pigeons and other fowl. Commercial production of these products if produced, raised or fattened on the premises, provided that any poultry, pigeon or rabbit enclosure, slaughtering building or place, shall be at least fifty (50) feet from any existing dwelling or milk handling facility of a dairy;

(k)

Apiaries, upon the following conditions:

(1)

No occupied hives to be closer than one hundred fifty (150) feet to any street or highway right-of-way;

(2)

No occupied hives to be closer than four hundred (400) feet to any existing dwelling on the premises or the premises of another apiary;

(3)

No occupied hives to be closer than fifty (50) feet to any property lines common to other property lines other than property lines of another apiary.

(l)

Churches, public institutions, public and parochial schools and colleges and hospitals.

(m)

Trailer park or camp.

(n)

Kennels.

(Ord. No. NS-1732, § 6, 6-25-84)

No structure shall exceed thirty-five (35) feet in height.

(Code 1952, § 9230.2; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 1, 12-4-61)

There shall be a front yard of not less than twenty-five (25) feet.

(Code 1952, § 9230.3; Ord. No. NS-455, § 1, 6-20-60)

There shall be a side yard of not less than six (6) feet. On a corner lot the side yard on the street shall be not less than ten (10) feet.

(Code 1952, § 9230.4; Ord. No. NS-455, § 1, 6-20-60)

There shall be a rear yard of not less than twenty-five (25) feet.

(Code 1952, § 9230.5; Ord. No. NS-455, § 1, 6-20-60)

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.6; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3044, § 12, 6-20-23)

RE (residential-estate) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.20; Ord. No. NS-455, § 1, 6-20-60)

The following uses are permitted in the RE district:

(a)

One (1) one-family dwelling.

(b)

Private greenhouses and horticulture collections for domestic, noncommercial use, flower and vegetable gardens, fruit trees or any agricultural crops.

(c)

Accessory buildings.

(Code 1952, § 9230.21; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-635, § 3, 3-4-63; Ord. No. NS-1297, § 2, 2-17-76; Ord. No. NS-1732, § 7, 6-25-84)

The following uses may be permitted in the RE district subject to the issuance of a conditional use permit:

(a)

Churches and accessory church buildings.

(b)

Public grade schools, colleges and universities which may include: Dormitories, libraries, museums, university union buildings and art galleries when owned and operated by governmental agencies or the university.

(c)

Private schools and colleges except said private schools and colleges shall not include trade schools operated by governmental agencies or the university.

(d)

Parks and playgrounds not operated for commercial purposes.

(e)

Public utility buildings and structures including electric distribution and transmission substations.

(f)

Golf courses specifically excluding miniature and pitch and putt golf courses and driving ranges.

(Ord. No. NS-1732, § 8, 6-25-84)

No structure shall exceed thirty-five (35) feet in height.

(Code 1952, § 9230.22; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 2, 12-4-61)

There shall be a front yard of not less than twenty-five (25) feet.

(Code 1952, § 9230.23; Ord. No. NS-455, § 1, 6-20-60)

Each side yard shall be ten (10) per cent of the average lot width, provided, however, that the maximum side yard required under this provision need not exceed twenty (20) feet. On corner lots the side yard on the street side shall be not less than ten (10) feet.

(Code 1952, § 9230.24; Ord. No. NS-455, § 1, 6-20-60)

There shall be a rear yard of not less than twenty-five (25) feet.

(Code 1952, § 9230.25; Ord. No. NS-455, § 1, 6-20-60)

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.26; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3044, § 13, 6-20-23)

R1 (single-family residence) districts are specifically subject to the regulations contained in this division, except that nonresidential uses allowed pursuant to section 41-232.5 are subject to the design and development standards set forth in Division 12 of this article for the C1 (Community Commercial) district.

(Code 1952, § 9230.40; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 4, 4-1-91)

The following uses are permitted in the R1 district:

(a)

One (1) one-family dwelling with six (6) or fewer bedrooms.

(b)

Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop.

(c)

One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period of time not to exceed one (1) year.

(d)

Accessory buildings and structures, except as otherwise provided in section 41-232.5.

(e)

Reserved.

(f)

Adult day care facilities providing care to not more than six (6) adults.

(Code 1952, § 9230.41; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-635, § 4, 3-4-63; Ord. No. NS-988, § 2, 11-17-69; Ord. No. NS-1110, § 1, 3-20-72; Ord. No. NS-1230, § 1, 2-18-75; Ord. No. NS-1297, § 3, 2-17-76; Ord. No. NS-1719, § 1, 3-19-84; Ord. No. NS-1732, § 9, 6-25-84; Ord. No. NS-2111, § 5, 4-1-91; Ord. No. NS-2446, § 8, 9-18-00; Ord. No. NS-2710, § 14, 5-1-06; Ord. No. NS-3038, § 13, 2-7-23)

The following uses may be permitted in the R1 district subject to the issuance of a conditional use permit:

(a)

Churches and accessory church buildings.

(b)

Public schools, colleges and universities which may include on the campus: Dormitories, libraries, museums, university union buildings and art galleries, which are owned and operated by the university.

(c)

Private schools and colleges except said private schools and colleges shall not include trade schools or business colleges.

(d)

Public buildings and public utility buildings and structures, including electric distribution and transmission substations.

(e)

Golf courses, excluding miniature golf courses, pitch and putt courses and driving ranges.

(f)

Child care facilities caring for more than fourteen (14) children.

(g)

Neighborhood and community service centers.

(h)

Garages for more than four (4) vehicles.

(i)

Accessory buildings more than fifteen (15) feet in height or more than one (1) story.

(j)

Adult day care facilities ancillary to a church or school providing care to more than six (6) adults.

(k)

One (1) one-family dwelling with seven (7) or more bedrooms.

(Ord. No. NS-1732, § 10, 6-25-84; Ord. No. NS-2111, § 6, 4-1-91; Ord. No. NS-2446, § 9, 9-18-00; Ord. No. NS-2710, § 15, 5-1-06)

No primary structure shall exceed twenty-seven (27) feet nor two (2) stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure.

(Code 1952, § 9280.42; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-533, § 3, 12-4-61; Ord. No. NS-2111, § 7, 4-1-91)

The front yard shall be equal to the prevailing front yard setback of the block as described in subsection 41-603(b), but not less than twenty (20) feet.

(Code 1952, § 9230.43; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2710, § 16, 5-1-06)

(a)

Each side yard shall be not less than five (5) feet for each building.

(b)

On corner lots, the side yard on the street side shall be not less than ten (10) feet for each building.

(c)

The restrictions on nonconforming buildings set forth in article VI of this chapter shall not apply to buildings which are nonconforming solely for the reason that they do not have side yards satisfying the setback requirement set forth in subsection (a) and provided the side yards of such building are at least three (3) feet wide.

(Code 1952, § 9230.44; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 8, 4-1-91; Ord. No. NS-2710, § 17, 5-1-06)

There shall be a rear yard setback of not less than twenty (20) feet. This section shall not apply to permitted accessory dwelling units.

(Code 1952, § 9230.45; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 9, 4-1-91; Ord. No. NS-2710, § 18, 5-1-06; Ord. No. NS-2940, § 6, 4-3-18)

(a)

The minimum size of lots in the R1 district is six thousand (6,000) square feet.

(b)

The minimum street frontage of lots in the R1 district, measured from the back of the front yard setback, is fifty (50) feet.

(c)

Lots which have resulted from a legal subdivision but which do not meet the standards set in subsections (a) and (b) of this section may be developed with single-family dwellings, provided they have at least four thousand (4,000) square feet of area and at least forty (40) feet of street frontage.

(Code 1952, § 9230.46; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 10, 4-1-91)

No more than thirty-five (35) per cent of a lot in the R1 district shall be covered by structures.

(Ord. No. NS-2111, § 11, 4-1-91; Ord. No. NS-2710, § 19, 5-1-06)

Lots in the R1 district shall comply with the following standards:

(a)

Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks.

(b)

Side yards shall be completely landscaped, except a walkway or driveway may encroach into required side yard.

(c)

Driveways shall lead to a garage and not exceed the width of such garage or fifty (50) percent of the lot width at the street, whichever is less. There shall be no parking of vehicles in the front yard except in such driveways.

(d)

Garages facing the street shall occupy no more than fifty (50) percent of the lot width.

(e)

Porte-cocheres shall be architecturally integrated with the structure and may encroach up to the side property line located on a driveway that leads to the garage. A two-car garage must be provided prior to approval of a porte-cochere.

(1)

A porte-cochere shall not exceed twenty-five (25) feet in length.

(2)

Porte-cocheres shall comply with the setbacks established for the building it is attached to, except that the side yard setback may be reduced to three (3) feet. On corner lots the side yard setback on the street side shall be no less than ten (10) feet.

(f)

Accessory buildings shall not exceed thirty-five (35) percent of the required rear yard area. This subsection shall not apply to accessory dwelling units.

(g)

An accessory building shall be not less than five (5) feet from a main building.

(h)

Maximum square footage of accessory building shall not exceed fifty (50) percent of the main structure square footage. Required detached garages may exceed fifty (50) percent of the main structure square footage, but shall not exceed four hundred forty (440) square feet for a two-car garage, six hundred forty (640) square feet for a required three-car garage and eight hundred forty (840) square feet for a required four-car garage.

(Ord. No. NS-2111, § 12, 4-1-91; Ord. No. NS-2710, § 20, 5-1-06; Ord. No. NS-2986, § 5, 4-7-20)

In the R1 district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements:

(a)

Front yard:

(1)

One 24-inch box canopy tree.

(2)

All trees shall be double-staked.

(3)

Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting.

(4)

Turf or acceptable dry climate ground cover:

a.

Turf shall be drought tolerant variety and planted as sod or hydroseed.

b.

Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material.

(b)

Side yard: Corner lots shall require one (1) 15-gallon size tree for every thirty (30) linear feet of property abutting a street, plus six (6) five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards.

(c)

Project perimeter walls:

(1)

Flowering vines shall be secured to a decorative masonry wall or wood fence material.

(2)

The vines shall be five-gallon size and be planted at 20-foot intervals. They shall be secured to the walls with eye hooks and wire.

(3)

Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines.

(d)

Irrigation system:

(1)

All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips.

(2)

The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings.

(3)

All irrigation systems shall be equipped with a controller capable of dual or multiple station programming.

(e)

Screening:

(1)

All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure.

(2)

Any enclosed structure for utilities must not encroach into any required setback.

(f)

Maintenance: All plant material shall be maintained per section 41-609 of this chapter.

(g)

[Compliance with article XVI:] Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-2111, § 13, 4-1-91; Ord. No. NS-2801, § 3, 12-23-09)

R-2 (two-family residence) districts are specifically subject to the regulations contained in this division, except that one-family dwellings are subject to the design and development standards set forth in division 3 of this article, townhouses are subject to the design and development standards set forth in division 6 of this article, and uses allowed under section 41-247.5 are subject to the design and development standards set forth in this article.

(Code 1952, § 9230.60; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 15, 4-1-91; Ord. No. NS-2923, § 4, 9-16-17)

The following uses are permitted in the R2 district:

(a)

One-family dwellings.

(b)

Two-family dwellings.

(c)

Townhouses.

(d)

Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop.

(e)

One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which shall be used for a period of time not to exceed one (1) year.

(f)

Accessory structures.

(g)

Reserved.

(h)

Adult day care facilities providing care to not more than six (6) adults.

(Code 1952, § 9230.61; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-988, § 3, 11-17-69; Ord. No. NS-1230, § 2, 2-18-75; Ord. No. NS-1658, § 1, 11-15-82; Ord. No. NS-1732, § 11, 6-25-84; Ord. No. NS-1866, § 2, 9-15-86; Ord. No. NS-1935, § 2, 11-16-87; Ord. No. NS-2111, § 16, 4-1-91; Ord. No. NS-2446, § 10, 9-18-00; Ord. No. NS-3038, § 14, 2-7-23)

The following uses may be permitted in the R2 district subject to the issuance of a conditional use permit:

(a)

Any use which may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41-232.5 may likewise be permitted in the R2 district subject to a conditional use permit.

(b)

Residential care facilities (seven (7) or more occupants), which previously were permitted as care homes pursuant to a validly issued conditional use permit and subsequently lost the permitted use pursuant to the provisions of this Code.

(Ord. No. NS-1732, § 12, 6-25-84; Ord. No. NS-1866, § 3, 9-15-86; Ord. No. NS-1935, § 3, 11-16-87; Ord. No. NS-2409, § 2, 11-15-99; Ord. No. NS-3084, § 16, 9-16-25)

(a)

Lots containing only one (1) dwelling unit shall have an area of at least six thousand (6,000) square feet.

(b)

Lots containing two (2) or more dwelling units shall have an area of at least six thousand (6,000) square feet plus an additional three thousand (3,000) square feet for each dwelling unit on the lot in excess of one (1).

(Ord. No. NS-2111, § 17, 4-1-91)

(a)

Lots containing only one (1) dwelling unit shall have street frontage of at least fifty (50) feet.

(b)

Lots containing two (2) or more dwelling units shall have street frontage of at least seventy-five (75) feet.

(Ord. No. NS-2111, § 18, 4-1-91)

No primary structure shall exceed twenty-seven (27) feet nor two (2) stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure.

(Code 1952, § 9230.62; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 4, 12-4-61; Ord. No. NS-2111, § 19, 4-1-91)

No more than fifty (50) per cent of the lot shall be covered by structures.

(Ord. No. NS-2111, § 20, 4-1-91)

There shall be a front yard of not less than twenty (20) feet from the street. If there are two (2) single-family detached units on a site, the front yard of the rear unit adjacent to the rear yard of the front unit shall be not less than ten (10).

(Code 1952, § 9230.63; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 21, 4-1-91)

Each side yard shall be not less than five (5) feet for each building. On corner lots, the side yard on the street side shall be not less than ten (10) feet for each building. The restrictions on nonconforming buildings set forth in Article VI of this chapter shall not apply to buildings which are nonconforming solely for the reason that they do not have side yards meeting the standard set by this section, provided the side yards of such building are at least three (3) feet wide.

(Code 1952, § 9230.64; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1935, § 4, 11-16-87; Ord. No. NS-2111, § 22, 4-1-91)

There shall be a rear yard of not less than fifteen (15) feet for each dwelling unit. Such rear yard may be reduced to not less than ten (10) feet in width, provided that it has at least one thousand two hundred (1,200) square feet of open space area, exclusive of side yard areas.

(Code 1952, § 9230.65; Ord. No. NS-455, § 1, 6-20-66; Ord. No. NS-1935, § 5, 11-16-87; Ord. No. NS-2111, § 23, 4-1-91)

No more than two (2) dwelling units (other than townhouses) shall be attached together.

(Code 1952, § 9230.66; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1658, § 2, 11-15-82; Ord. No. NS-1756, § 1, 1-17-85; Ord. No. NS-1866, § 4, 9-15-86; Ord. No. NS-1935, § 6, 11-16-87; Ord. No. NS-2111, § 24, 4-1-91)

Lots in the R2 district shall comply with the following standards:

(a)

Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks.

(b)

Side yards shall be completely landscaped. Any walkway, driveway, or hardscape shall be in addition to the required side yard.

(c)

Driveways shall lead to a garage and not exceed the width of such garage or fifty (50) per cent of the lot width at the street, whichever is less. There shall be no parking of vehicles in the front yard except in such driveways.

(d)

Garages facing the street shall occupy no more than fifty (50) per cent of the lot width.

(e)

Porte cocheres shall be architecturally compatible with the structure and may encroach up to the side property line. A two-car garage must be provided prior to approval of a porte cochere.

(f)

Accessory structures shall not exceed thirty-five (35) per cent of the required rear yard area.

(g)

The primary entrance of at least one (1) dwelling unit must face the street to which the unit is oriented. When a unit is oriented to face a driveway, the primary entrance shall face that driveway.

(h)

Maximum square footage of accessory structures shall not exceed sixty-six (66) per cent of the main structure square footage.

(i)

Existing detached accessory structures, on exterior corner lots only, may be connected to the main structure, provided a minimum five-foot setback is maintained from any property line and a minimum of one thousand two hundred (1,200) square feet of open area is maintained in the rear yard.

(Ord. No. NS-1866, § 5, 9-15-86; Ord. No. NS-2111, § 25, 4-1-91)

(a)

The building separation between primary structures shall be at least fifteen (15) feet.

(b)

The building separation between primary and accessory structures shall be at least five (5) feet.

(Ord. No. NS-1866, § 6, 9-15-86; Ord. No. NS-2111, § 26, 4-1-91)

Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction.

(Ord. No. NS-1935, § 7, 11-16-87; Ord. No. NS-2111, § 27, 4-1-91)

In the R2 district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements:

(a)

Front yard:

(1)

One (1) 24-inch box canopy tree.

(2)

All trees shall be double-staked.

(3)

One (1) tree species for up to five (5) dwelling units and an additional tree species for each increment of five (5) units.

(4)

Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting.

(5)

Turf or acceptable dry climate ground cover:

a.

Turf shall be drought tolerant variety and planted as sod or hydroseed.

b.

Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material.

(b)

Side yard: Corner lots shall require one (1) 15-gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards.

(c)

Rear yard: A buffer shall be provided for privacy from adjoining property. A hedge or vines on a fence are satisfactory screens.

(d)

Project perimeter walls:

(1)

Flowering vines shall be secured to a decorative masonry wall or wood fence material.

(2)

The vines shall be five-gallon size and be planted at 20-foot intervals. They shall be secured to the walls with eye hooks and wire.

(3)

Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines.

(e)

Irrigation system:

(1)

All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips.

(2)

The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings.

(3)

All irrigation systems shall be equipped with a controller capable of dual or multiple station programming.

(f)

Screening:

(1)

All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure.

(2)

Any enclosed structure for utilities must not encroach into any required setback.

(g)

Maintenance: All plant material shall be maintained per section 41-609 of this chapter.

(h)

[Compliance with article XVI:] Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-1935, § 8, 11-16-87; Ord. No. NS-2111, § 28, 4-1-91; Ord. No. NS-2801, § 4, 12-23-09)

The purpose of this division is to regulate the development of land for multiple-family residential purposes in the city. It is the intent of this division to set forth standards for the development of superior quality multiple-family housing development in a setting which is sensitive to the impacts on adjacent properties. It is further the intent of this division to create housing development which will be of such utility and function that it will remain liveable and usable for an extended period of years. It is also the intent of this division to provide functional and nonmonotonous orientation of buildings with a maximum of usable open space around each.

(Ord. No. NS-2111, § 29, 4-1-91)

This division applies to developments which are used solely for residential purposes and uses incidental thereto and which include one (1) or more multifamily dwellings. It does not apply to buildings which are used partly for dwelling units and partly for commercial or office uses (other than sales or management activities pertaining to dwelling units on the same site). It does apply to single-family and two-family dwellings which are part of a development which includes multiple-family dwellings. One-family dwellings that are not part of a development which includes multiple-family dwellings shall be subject to the design and development standards set forth in Division 3 of this article. Two-family dwellings that are not part of a development which includes multiple-family dwellings shall be subject to the design and development standards set forth in Division 4 of this article. Townhouses are subject to the standards set forth in Division 6 of this article instead of those set forth in this division. Nonresidential uses shall be subject to the design and development standards set forth in Division 12 of this article.

(Ord. No. NS-2111, § 30, 4-1-91)

The following uses are permitted in the R3 district:

(a)

All uses permitted in the R2 district pursuant to section 41-247.

(b)

Multiple-family dwellings.

(Code 1952, § 9230.82; Ord. No. NS-959, § 2, 3-17-69; Ord. No. NS-1110, § 1, 3-20-72; Ord. No. NS-1230, § 3, 2-18-75; Ord. No. NS-1532, § 5, 6-16-80; Ord. No. NS-1732, § 13, 6-25-84; Ord. No. NS-2446, § 11, 9-18-00)

The following uses may be permitted in the R3 district subject to the issuance of a conditional use permit:

(a)

Any use which may be permitted in the R2 district subject to the issuance of a conditional use permit pursuant to Section 41-247.5.

(b)

Fraternity houses, residential care facilities (seven (7) or more occupants), and sorority houses.

(c)

Sanitariums and hospitals.

(Ord. No. NS-1732, § 14, 6-25-84; Ord. No. NS-3084, § 17, 9-16-25)

For purposes of this division, multiple-family dwelling developments are classified as follows:

Class I—Developments having a density of twenty-two (22) or less dwelling units per acre.

Class II—Developments having a density of more than twenty-two (22) dwelling units per acre but not more than thirty-five (35) dwelling units per acre.

Class III—Developments having a density of more than thirty-five (35) dwellings units per acre but not more than sixty (60) dwelling units per acre.

Class IV—Developments having a density of more than sixty (60) dwelling units per acre.

The density of a multiple-family dwelling development is determined by multiplying the number of dwelling units in the development by a fraction, the numerator of which is forty-three thousand five hundred sixty (43,560) square feet and the denominator of which is the number of square feet in the development site.

(Ord. No. NS-2111, § 31, 4-1-91)

The density of a multiple-family dwelling development, as determined pursuant to section 41-260, shall not exceed the density limit, if any, prescribed by the general plan of the city for the area of the city in which the development is located.

(Ord. No. NS-2111, § 32, 4-1-91)

(a)

The number of dwelling units in a multiple-family dwelling development having less than standard site size, as hereinafter defined, shall not exceed its site size limitation, as hereinafter defined. The definitions hereinafter set forth are for purposes of this section only.

(b)

Standard site size means:

(1)

For class I developments: Twelve thousand (12,000) square feet.

(2)

For class II developments: Twenty-one thousand seven hundred (21,700) square feet.

(3)

For class III developments: Forty-three thousand five hundred (43,500) square feet.

(4)

For class IV developments: Sixty-five thousand three hundred (65,300) square feet.

(c)

Conformance quotient means the number obtained by dividing the actual size of the development site, expressed in square feet, by its standard site size.

(d)

Base density means:

(1)

For class I developments: Fifteen (15) dwelling units per acre.

(2)

For class II developments: Twenty-two (22) dwelling units per acre.

(3)

For class III developments: Thirty-five (35) dwelling units per acre.

(4)

For class IV developments: Sixty (60) dwelling units per acre.

(e)

Potential additional density means:

(1)

For class I developments: Seven (7) dwelling units per acre.

(2)

For class II developments: Thirteen (13) dwelling units per acre.

(3)

For class III developments: Twenty-five (25) dwelling units per acre.

(4)

For class IV developments: Thirty (30) dwelling units per acre.

(f)

Actual additional density means the number of dwelling units per acre obtained by multiplying a development's potential additional density by its conformance quotient.

(g)

Allowable site size density means the number obtained by adding a development's actual additional density to its base density.

(h)

Site size limitation means the number of dwelling units obtained by multiplying a development's allowable site size density by a fraction, the numerator of which is the actual size of the development site, expressed in square feet, and the numerator of which is forty-five thousand five hundred sixty (45,560) square feet.

(Ord. No. NS-2111, § 33, 4-1-91)

The limitations of sections 41-261 and 41-262 may be exceeded as appropriate to allow a density bonus authorized or required by state law.

(Ord. No. NS-2111, § 34, 4-1-91)

The primary street frontage of any multiple-family dwelling development shall have an extension equal to or greater than the following:

(1)

Class I developments: Seventy-five (75) feet.

(2)

Class II developments: One hundred thirty-five (135) feet.

(3)

Class III developments: One hundred thirty-five (135) feet.

(4)

Class IV developments: Two hundred (200) feet.

(Ord. No. NS-2111, § 35, 4-1-91)

(a)

As used in sections 41-266 and 41-267, the term "absolute minimum setback" means the minimum required distance between any part of a building and any part of the nearest property line thereto. No part of any multiple-family dwelling shall encroach into any absolute minimum setback.

(b)

As used in sections 41-266 and 41-267, the term "minimum average setback" means the minimum required average distance between a face of a building and the property line nearest thereto. Private decks and balconies may encroach into a minimum average setback.

(c)

The front yard building setback requirements in sections 41-266 and 41-267 apply to all buildings within a multiple-family dwelling development, including accessory buildings such as garages, carports and recreational buildings. The rear and side yard building setback requirements in such sections apply only to buildings in which dwelling units are located; provided, however, that if an accessory building is located within a rear or side yard building setback area, the distance between such accessory building and the nearest dwelling unit building shall equal or exceed that building setback requirement.

(Ord. No. NS-2111, § 36, 4-1-91)

(a)

The front yard building setback requirements for class I developments are as follows:

(1)

The absolute minimum setback is twenty (20) feet.

(2)

If a building is more than ten (10) feet high but not more than twenty (20) feet high, its minimum average setback is twenty-five (25) feet.

(3)

If a building is more than twenty (20) feet high but not more than thirty (30) feet high, its minimum average setback is twenty-five (25) feet plus six (6) inches for each foot by which the building's height exceeds twenty (20) feet.

(4)

If a building is thirty (30) feet high or higher, its minimum average setback is thirty (30) feet.

(b)

The side yard building setback requirements for class I developments are as follows:

(1)

The absolute minimum setback is six (6) feet, except that, for any side yard facing on a street, the absolute minimum setback for the ground level story shall be ten (10) feet or the average depth of the front yards of residential buildings on such street in the vicinity of the development, whichever is greater.

(2)

If a building is more than ten (10) feet high but not more than twenty (20) feet high, its minimum average setback is eight (8) feet.

(3)

If a building is more than twenty (20) feet high but not more than twenty-eight (28) feet high, its minimum average setback is eight (8) feet plus six (6) inches for each foot by which the buildings height exceeds twenty (20) feet.

(4)

If a building is twenty-eight (28) feet high or higher, its minimum average setback is twelve (12) feet.

(c)

The rear yard absolute minimum setback is fifteen (15) feet.

(Ord. No. NS-2111, § 37, 4-1-91)

(a)

The front yard building setback requirements for class II developments are as follows:

(1)

The absolute minimum setback is fifteen (15) feet.

(2)

If a building is more than ten (10) feet high but not more than twenty (20) feet high, its minimum average setback is twenty (20) feet.

(3)

If a building is more than twenty (20) feet high but not more than forty (40) feet high, its minimum average setback is twenty (20) feet plus six (6) inches for each foot by which the building's height exceeds twenty (20) feet.

(4)

If a building is forty (40) feet high or higher, its minimum average setback is thirty (30) feet.

(b)

The rear and side yard setback requirements for class II developments are the same as those specified in section 41-266 for class I developments.

(Ord. No. NS-2111, § 38, 4-1-91)

(a)

The absolute minimum setbacks for buildings in class III or class IV developments and the minimum average setbacks for all such buildings which are not more than forty-five (45) feet high are the same as those specified in section 41-267 for class II developments.

(b)

The front yard minimum average setback for a building more than forty-five (45) feet high in a class III or class IV development is as follows:

(1)

If the building is less than sixty (60) feet high, the minimum average setback is thirty (30) feet plus six (6) inches for each foot by which the building's height exceeds fifty (50) feet.

(2)

If the building is sixty (60) feet high or higher, the minimum average setback is thirty-five (35) feet.

(c)

The side yard minimum average setback for a building more than forty-five (45) feet high in a class III or class IV development is as follows:

(1)

If the building is less than fifty (50) feet high, the minimum average setback is twenty-two and one-half (22½) feet plus six (6) inches for each foot by which the building's height exceeds forty-five (45) feet.

(2)

If the building is fifty (50) feet high or higher, the minimum average setback is twenty-five (25) feet.

(d)

The rear yard minimum average setback for a building more than forty-five (45) feet high in a class III or class IV development is as follows:

(1)

If the building is less than fifty (50) feet high, the minimum average setback is twenty-seven and one-half (27½) feet plus six (6) inches for each foot by which the building's height exceeds forty-five (45) feet.

(2)

If the building is fifty (50) feet high or higher, the minimum average setback is thirty (30) feet.

(Ord. No. NS-2111, § 39, 4-1-91)

(a)

Buildings in class I, class II or class III developments shall not exceed the following height limitations.

(1)

In class I developments: Thirty-five (35) feet.

(2)

In class II developments: Forty-five (45) feet.

(3)

In class III developments: Sixty (60) feet.

(b)

There is no height limitation on buildings in a class IV development.

(c)

Mechanical and other appurtenances to buildings may extend above the height limitations imposed by this section, subject to screening standards and height and size limitations adopted pursuant to section 41-272.06.

(d)

The filing with the city of development plans for any development including one (1) or more buildings more than three (3) stories high shall be accompanied by the filing of a shade and shadow analysis and diagram showing such building's impact on surrounding properties.

(Ord. No. NS-2111, § 40, 4-1-91)

(a)

Usable open space shall be provided at the rate of two hundred fifty (250) square feet of area for each residential unit. Such usable space shall be divided between (1) passive common open space and (2) active open space and (3) private open space, as follows:

(1)

Passive common open space:

a.

Passive common open space shall be provided at the rate of at least one hundred (100) square feet per residential unit, and there shall be at least one (1) area of passive common open space in each project that is at least seven hundred fifty (750) square feet in size and has minimum dimensions of twenty (20) feet in each direction.

b.

Passive common open space shall be undisturbed soil at natural grade and shall be a minimum of forty (40) per cent of the total open space required within the project.

c.

Passive common open space shall consist of ground level open space which s primarily sod-covered or landscaped and which may provide such amenities as barbecue grills and picnic furniture.

(2)

Active open space:

a.

There shall be at least one (1) area of active open space that is at least five hundred (500) square feet in size and has a minimum dimension of at least twenty (20) feet in each direction.

b.

Active open space shall be a minimum of forty (40) per cent of the total open space required within the project.

c.

Active open space shall consist of such amenities as swimming pools, jacuzzis and tennis courts. These facilities may only be used to satisfy the active open space requirement.

d.

An enclosed room for recreational purposes may be provided to satisfy the active open space requirements, subject to the following standards:

1.

A maximum of twenty (20) per cent of the total open space required within the project may be counted for recreational building space.

2.

Recreational building space shall consist of such amenities as recreation rooms, exercise facilities and saunas. Recreational building space may be constructed within a structure or at some point other than ground level.

3.

Recreational building space must be maintained in perpetuity within the project and shall not be converted to alternative uses other than a different recreational use.

(3)

Private open space:

a.

Private open space provided within an individual unit shall be no less than ninety (90) square feet and shall have a minimum dimension of six (6) feet in each direction.

b.

Only interior courtyards and interior balconies may be counted in satisfying this open space requirement.

c.

Exterior balconies that face a public street, alley or arterial street shall not be considered in satisfying this open space requirement.

(b)

The requirements of subsection (a) of this section are in addition to the building setback requirements of sections 41-265 through 41-268. That portion of the site which lies between a property line and the minimum building setback distance measured from such property line shall not be included in the determination of open space for purposes of such subsection.

(c)

For calculation purposes, the yard setback area which is contiguous to the passive common open space may be included in the total requirement of passive common open space for the project. Either the total side yard or the rear yard or the front yard (up to the footage equal to the rear yard) may be involved in those calculations. This area must be easily accessible to all units through public areas.

(d)

Class III and class IV developments are subject to the following additional requirements: Not more than sixty (60) per cent of the development site area shall be devoted to main or accessory buildings, covered or open parking areas, driveways and other nonopen space uses. The remaining parcel area shall be devoted to passive or active open space, including landscaped activity areas, game courts, swimming pools, putting greens, walkways and passive recreational uses, amenities or other features for the exclusive use of project residents and their guests.

(Ord. No. NS-2111, § 41, 4-1-91)

(a)

Any balcony or deck which is constructed as an appurtenance to a dwelling unit shall be not less than ninety (90) square feet in size and have dimensions of at least six (6) feet in each direction, and shall be screened from view from outside the building to up to the minimum height for a guardrail for such balcony or deck as established by the Uniform Building Code.

(b)

Courtyards and interior balconies may be counted in satisfying the private open space requirement. Exterior balconies that face a public street or arterial street shall not be considered in satisfying the private open space requirement.

(Ord. No. NS-2111, § 42, 4-1-91)

For each dwelling unit, there shall be a separate, enclosed, lockable storage space area reserved for the occupants of such dwelling unit. Such storage space may be located in the garage space allocated to such unit or elsewhere within the development, but may not be directly accessible from the dwelling unit. Such storage space shall be at least two hundred fifty (250) cubic feet in size and shall have minimum dimensions of four (4) feet by eight (8) feet.

(Ord. No. NS-2111, § 43, 4-1-91)

(a)

The gross floor area of each dwelling unit shall equal or exceed the following standards:

(1)

Bachelor units: Four hundred fifty (450) square feet.

(2)

One-bedroom units: Five hundred fifty (550) square feet.

(3)

Two-bedroom units: Seven hundred fifty (750) square feet.

(4)

Three-bedroom units: Nine hundred fifty (950) square feet.

(b)

The gross floor area of a dwelling unit shall be calculated exclusive of garages, carports, private balconies and/or private open space.

(Ord. No. NS-2111, § 44, 4-1-91)

Off-street parking shall be provided in accordance with Article XV of this chapter. All such parking spaces, except spaces for visitor parking, must be covered and screened from neighboring properties.

(Ord. No. NS-2111, § 45, 4-1-91)

(a)

All required setback areas, required open spaces around the perimeter of buildings, and the required parking areas, unless specified in the provisions of this district, shall be completely landscaped, except for vehicular and pedestrian accessways.

(b)

Prior to the issuance of any building permit for the construction of a multiple-family dwelling development, the developer shall submit to the city, and the planning division shall approve, a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council.

(c)

Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development.

(d)

Procedures for the approval and amendment of landscaping plans shall be established by the planning division.

(e)

Vehicular parking may not be located within any required landscaped area.

(f)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(g)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-2111, § 46, 4-1-91; Ord. No. NS-2801, § 5, 12-23-09)

For purposes of determining the minimum dwelling unit size pursuant to section 41-272.01 and the number of required off-street parking spaces required for a development pursuant to Article XV of this chapter, the planning division may determine that any area shown on the floor plan of a dwelling unit shall be deemed a bedroom even though not designated as such on such plan, provided such area exceeds eighty (80) square feet and is reasonably usable as a bedroom or is readily convertible to use as a bedroom by the construction of a single partition wall and/or an additional doorway.

(Ord. No. NS-2111, § 47, 4-1-91)

No site which has been developed as a multiple-family dwelling development shall thereafter be divided into two (2) or more parcels under separate ownership unless each parcel which would result from such division complies on its own with all the requirements of this division.

(Ord. No. NS-2111, § 48, 4-1-91)

(a)

The planning commission is authorized to adopt regulations supplementary to and consistent with the provisions of this division in order to clarify the general application of such provisions.

(b)

The planning commission is further authorized to set development objectives for individual proposed multiple-family dwelling developments. Such objectives shall be consistent with the provisions of this division and shall be for the purpose of clarifying the application of such provisions specifically to the proposed development and promoting the purposes of this division.

(c)

Development project plans approved pursuant to sections 41-668 through 41-674 for multiple-family dwelling developments shall be consistent with any and all regulations or development objectives established pursuant to this section which are applicable to such development, subject to the appeal process set forth in such sections.

(Ord. No. NS-2111, § 49, 4-1-91)

Townhouse developments are specifically subject to the regulations contained in this division.

(Ord. No. NS-2111, § 50, 4-1-91)

The minimum development site size shall be twelve thousand (12,000) square feet of contiguous land, with a minimum street frontage of one hundred (100) feet.

(Ord. No. NS-2111, § 50, 4-1-91)

The minimum lot area shall be three thousand (3,000) square feet per unit.

(Ord. No. NS-2111, § 50, 4-1-91)

Editor's note— Ord. No. NS-2710, § 21, adopted May 1, 2006, repealed § 41-276 in its entirety, which pertained to minimum street frontage, and derived from Ord. No. NS-2111, § 50, adopted April 1, 1991.

(a)

No primary structure shall exceed twenty-seven (27) feet or two (2) stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure.

(b)

Accessory structures shall not exceed fifteen (15) feet or one (1) story in height.

(Ord. No. NS-2111, § 50, 4-1-91)

No more than fifty (50) per cent of the lot shall be covered by structures.

(Ord. No. NS-2111, § 50, 4-1-91)

Each townhouse shall have a front yard of not less than twenty (20) feet.

(Ord. No. NS-2111, § 50, 4-1-91)

Each side yard of a townhouse shall be not less than ten (10) feet. Side yards which front on a local street shall be a minimum of ten (10) feet. Side yards that front on an arterial street shall be a minimum of fifteen (15) feet.

(Ord. No. NS-2111, § 50, 4-1-91)

Each townhouse shall have a rear yard of not less than fifteen (15) feet.

(Ord. No. NS-2111, § 50, 4-1-91)

Off-street parking shall be provided as follows:

(1)

Each unit shall have two (2) spaces in a garage.

(2)

Garages shall not face the street.

(3)

A garage shall have access directly into the townhouse or into the private yard area of the townhouse.

(4)

Two (2) guest spaces shall be provided for each townhouse.

(Ord. No. NS-2111, § 50, 4-1-91)

For a townhouse development, both private and common open space shall be provided within the project. Minimum open space requirements for townhouse developments are as follows:

(1)

Private open space:

(a)

Shall be a single private open space no less than two hundred fifty (250) square feet per unit, with a minimum dimension of ten (10) feet in each direction.

(b)

Shall be at the ground level.

(c)

Shall be accessible from the unit's kitchen, dining area, den, family and/or living room.

(2)

Common open space:

(a)

Shall be a single common open space equivalent to no less than two hundred fifty (250) square feet per unit, with a minimum of fifteen (15) feet in each direction.

(b)

Is in addition to yard areas. Front, side and rear yards may not be counted to satisfy this requirement.

(Ord. No. NS-2111, § 50, 4-1-91)

(a)

A fence plan for any townhouse development project shall be submitted for approval to the planning manager. The fence plan shall include, but is not limited to, the following:

(1)

The plan shall delineate and dimension the location, size and materials of all fences.

(2)

The plan shall provide elevations demonstrating the architectural compatibility of the proposed fences with the proposed project.

(3)

The plan shall include installation specifications ensuring long term quality of the proposed fencing.

(b)

Fences shall not be located within the required front yard setbacks or located within ten (10) feet of the side property line on any street oriented side yard.

(Ord. No. NS-2111, § 50, 4-1-91)

The building separation between primary structures shall be not less than twenty (20) feet.

(Ord. No. NS-2111, § 50, 4-1-91)

(a)

Each townhouse shall have a minimum of forty (40) per cent of the living area and be accessible from ground level.

(b)

A front door must face the street or a common area.

(c)

No exterior stairwells shall be permitted on units abutting street oriented yards.

(Ord. No. NS-2111, § 50, 4-1-91)

For each townhouse, there shall be a separate, enclosed, lockable storage space area reserved for the occupants of such townhouse. Such storage space may be located in the garage of the townhouse or elsewhere within the development, but may not be directly accessible from the townhouse. Such storage space shall be at least two hundred fifty (250) cubic feet in size and shall have minimum dimensions of four (4) feet by eight (8) feet.

(Ord. No. NS-2111, § 50, 4-1-91)

All yards shall be landscaped. Each townhouse shall meet the following minimum landscaping standards:

(a)

Front yard:

(1)

One (1) 24-inch box canopy tree.

(2)

All trees shall be double-staked.

(3)

Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting.

(4)

Turf or acceptable dry climate ground cover:

a.

Turf shall be drought tolerant variety and planted as sod or hydroseed.

b.

Ground cover shall be well-rooted cuttings from flats and planted as appropriate spacing for that particular plant material.

(5)

Root barriers shall be required on all trees.

(b)

Side yard: Corner lots shall have one (1) 15-gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards.

(c)

Project perimeter walls:

(1)

Flowering vines shall be secured to a decorative masonry wall or wood fence material.

(2)

The vines shall be five-gallon size and be planted at 20-foot intervals. They shall be secured to the walls with eye hooks and wire.

(3)

Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines.

(d)

Irrigation system:

(1)

All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips.

(2)

The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings.

(3)

All irrigation systems shall be equipped with a controller capable of dual or multiple station programming.

(e)

Screening:

(1)

All meters shall be appropriately screened from public view with trellis work and vines, a hedge type shrub or be incorporated into the residential structure.

(2)

Any enclosed structure for utilities must not encroach into the required setback.

(f)

Maintenance: All plant material shall be maintained per section 41-609 of this Code.

(g)

[Compliance with article XVI:] Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-2111, § 50, 4-1-91; Ord. No. NS-2801, § 6, 12-23-09)

R4 (suburban apartment) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.120; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

The R4 suburban apartment district is authorized to provide for garden apartment development, regulated so as to cover a minimum of ground area and provide a maximum of open space. This zone will provide most of the desirable residential characteristics found in single-family residence areas.

(Code 1952, § 9230.121; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

The following uses are permitted in the R4 district:

(a)

Bungalow courts.

(b)

Apartment houses.

(c)

One permanent resident manager's office devoted solely to the rental of the dwelling units on the same parcel provided said office and surrounding grounds retain a residential character.

(d)

Accessory buildings.

(Code 1952, § 9230.122; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61; Ord. No. NS-1230, § 5, 2-18-75; Ord. No. NS-1732, § 17, 6-25-84)

The following uses may be permitted in the R4 district subject to the issuance of a conditional use permit:

(a)

Any use that may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41-232.5.

(b)

Residential care facilities (seven (7) or more occupants).

(Ord. No. NS-1732, § 18, 6-25-84; Ord. No. NS-3084, § 18, 9-16-25)

Editor's note— Section 41-293, relative to the submittal of development plans and the detail to be shown thereon, was repealed by Ord. No. NS-1700, § 3, adopted Nov. 21, 1983. Said section was derived from Code 1952, § 9230.123; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-537, § 1, adopted Sept. 18, 1961.

(a)

Any development in this district shall be surrounded by a solid redwood or cedar fence or solid masonry wall or combination thereof, the height of which shall be in accordance with the provisions set forth in section 41-610 of this chapter. However, nothing herein shall require the construction of the aforementioned fence along any property line abutting a street, alley, or at driveway entrances and exits.

(b)

All required yards shall be landscaped and maintained in accordance with the approved landscape plan.

(c)

Compliance with section 34-48 of the subdivision regulations, requiring alleys to the rear of all lots used or intended to be used for the construction of multiple-family residential structures of four (4) or more units, shall not be required in the event of the subdivision of properties zoned R4 provided said subdivision is developed within the terms and intent of the R4 district.

(d)

Prior to the submission of development plans with the planning department, the owner or owner's engineer shall confer with the department of public works concerning the necessity for a runoff study based on a storm of a ten (10) year frequency, if said study is considered necessary by the director of the department of public works; it shall be filed with said department and shall show existing and proposed facilities and methods of draining the site and tributary areas without exceeding the capacity of any street, onsite or off-site. The plans shall be approved or conditionally approved and the minimum required improvements installed by the owner to assure adequate and reasonable drainage of the area to the satisfaction of the department of public works, prior to the issuance of a utility release by the building department for the development.

(e)

If any parcel zoned R4 is to be developed in accordance with the provisions set forth for this district and, said parcel abuts a street not improved to city standard, the owner shall dedicate the necessary street easement to the city and improve said street so as to be in accordance with the design standards and specifications of this Code of Ordinances prior to the issuance of a utility release by the building department.

(f)

All trash collection and garbage collection areas shall be surrounded on at least three (3) sides by a five (5) foot block wall with adequate access to and from these areas for trash and garbage collection vehicles.

(g)

Due to the complexity of garden apartment development it is illogical and impractical to define herein an exact pattern for the arrangement of group dwellings for a parcel involving two (2) or more main dwellings; however it is the intent of this district to provide a functional and non-monotonous orientation of buildings with a maximum of open space around each main building consisting of courts, parkways and patio areas all oriented so as to provide separation of vehicular traffic from play areas and recreational areas for children and adults. Further, in order to more clearly define the intent of this district there shall be on file in the office of the planning department illustrations entitled "Guides to Suburban Apartment Development." Said illustrations shall be approved by resolution by the planning commission and city council and shall show the desirable arrangement of buildings and open space, but are not designs which must be copied in order to secure approval of development plans as required by the provisions of the R4 district.

(h)

All off-street parking areas not under cover shall be screened from the view of surrounding residents or tenants of the project by shrubs and bushes the normal growth of which is not less than four (4) feet in height.

(i)

All points of vehicular access to and from off-street parking areas and driveways onto public rights-of-way shall be approved by the director of public works of the city. Wherever a private driveway enters onto said public right-of-way, a stop sign shall be erected and maintained at such exit point to insure reasonable traffic safety all in compliance with the standard sign sheet on file in the office of the department of public works of the city.

(j)

All driveways and off-street parking areas shall consist of two (2) inches of asphaltic concrete on four (4) inches of rock base or of materials and of a thickness approved by the director of public works which shall be of equivalent strength and life of said asphaltic concrete and rock base.

(k)

All interior streets and private drives shall be constructed to the standard set forth in this Code of Ordinances prior to the dedication of any such streets to the city. Streets not so constructed need not be accepted by the city.

(Code 1952, § 9230.124; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

Editor's note— Ord. No. NS-1700, § 3, enacted Nov. 21, 1983, repealed § 41-295, pertaining to approval of development plans by the planning director. Said section was derived from Code 1952, § 9230.125; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-537, § 1, adopted Sept. 18, 1961.

The height limit is:

(a)

None except as limited in subsection (b) hereinbelow.

(b)

When a lot in the R4 district is within one hundred and fifty (150) feet from property zoned A1, RE, or R1, on said R4 lot no main buildings shall exceed one (1) story and said one (1) story shall not exceed twenty (20) feet in height. Furthermore, when a lot in the R4 district is within three hundred (300) feet of property zoned A1, RE, or R1 on said R4 lot no main buildings shall exceed three (3) stories and said three (3) stories shall not exceed fifty (50) feet in height.

(Code 1952, § 9230.126; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61; Ord. No. NS-644, § 1, 4-1-63)

(a)

When any interior side property line of a lot in the R4 district abuts property in the A1, RE or R1 district, each dwelling shall have a required side yard along said side property line of not less than one (1) foot for each one (1) foot of building height of that particular dwelling.

(b)

When any interior side property line of a lot in the R4 district abuts property in the R4 district or any other district not set forth in subsection (a) of this section, there shall be a required side yard along that side property line of not less than four (4) feet regardless of the height of the dwelling on the lot.

(c)

When any interior side property line of a lot in the R4 district abuts a lot or lots having zone classifications of A1, RE, or R1 and any other district, subsection (a) of this section shall apply in the determination of the required side yard along that entire interior side property line.

(d)

On corner lots, the side yard on the street side shall be not less than ten (10) feet.

(Code 1952, § 9230.127; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

(a)

When any lot zoned R4 has a rear property line abutting property in the A1, RE or R1 district, each dwelling shall have a required rear yard of not less than one (1) foot for each foot of building height of that particular dwelling.

(b)

When any lot zoned R4 has a rear property line abutting a lot in any other district not set forth in subsection (a) of this section, there shall be a required rear yard of not less than ten (10) feet.

(c)

When any lot in the R4 district has a rear property line common to a property line of a lot or lots having zone classifications of A1, RE or R1 and any other district, subsection (a) of this section shall apply in the determination of the required rear yard along that entire rear property line.

(Code 1952, § 9230.128; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

The following uses shall be subject to the following minimum square feet of gross floor area per unit exclusive of garages, carports and unenclosed porches and patios:

(a)

Bachelor apartment: Four hundred fifty (450) square feet.

(b)

One-bedroom apartment: Six hundred fifty (650) square feet.

(c)

Two-bedroom apartment: Eight hundred (800) square feet.

Further, for each additional bedroom in excess of two (2) bedrooms in an apartment unit, there shall be an additional one hundred (100) square feet of gross floor area.

(Code 1952, § 9230.129; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

(a)

For any one (1) story, two (2) story, or three (3) story single-family dwelling, two-family dwelling, or multiple-family dwelling: Not less than one thousand five hundred (1,500) square feet of lot area per dwelling unit constructed therein.

(b)

For any four (4) or more story single-family, two-family, or multiple-family dwelling: Not less than five hundred (500) square feet of lot area per dwelling unit constructed therein.

(c)

Where an apartment development consists of more than one main building and said buildings vary in height, then subsections (a) and (b) set forth hereinabove shall be applied respectively for each main building depending on the height of each main building.

(d)

For the purpose of this section only, if the topmost story of any dwelling unit proposed to be constructed in the R4 district is used for the housing of any mechanical equipment, such as air-conditioning facilities and elevator mechanisms, but is void of any dwelling unit, then said topmost story shall not be declared a story as defined in section 41-153.

(Code 1952, § 9230.130; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

Not more than fifty (50) per cent of the total lot area shall be devoted to main and accessory building area, driveways, open or enclosed parking areas and covered patios. The remaining fifty (50) per cent of the total lot area shall be devoted to landscaping; lawn area: Noncommercial outdoor recreational facilities incidental to the residential development such as private swimming pools, putting greens and tennis courts; walkways; uncovered patio areas; fences and necessary fire-fighting equipment and installations as required in section 41-294, subsection (d) of this chapter; further, the open space required by this section shall be arranged and provided in such a manner that it is accessible and usable for the purpose intended herein. Said open space shall not be devoted to commercial agricultural pursuits or any other activity in conflict with the stated purpose of this section and district.

(Code 1952, § 9230.132; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter. However, of the off-street parking required by Article XV, at least one (1) parking space per unit shall be within a garage or carport. All additional parking stalls may be uncovered.

(Code 1952, § 9230.133; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61; Ord. No. NS-3044, § 14, 6-20-23)

(a)

Upon completion of a development of property in the R-4 district no portion of the property involved in said development shall be severed or sold unless said severed parcel and the development thereon comply with all provisions set forth for the R4 district. Further, the remaining parcel and development thereon shall also comply with said R4 district provisions. Nothing herein shall prohibit the sale of any one-family dwelling, two-family dwelling, multiple-family dwelling or any dwelling unit within a two-family or multiple-family dwelling provided all common open areas, required yard areas, recreational areas and similar areas constituting the required fifty (50) per cent open areas as set forth in section 41-301 are retained in trust or otherwise for the benefit of all tenants and owners of any interest of any of the structures on the original area developed as a unit. Further, prior to the issuance of a building permit or approval of the development plans as set forth in section 41-295, deed restriction prohibiting the alienation of all land areas not devoted to buildings shall be recorded in the office of the county recorder of the County of Orange, California. Said restriction shall include a statement that said deed restrictions shall be irrevocable for a period of not less than thirty (30) years. A copy of said deed restrictions shall be filed with the planning department prior to the issuance of a building permit to the owner of the original project.

(Code 1952, § 9230.134; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-537, § 1, 9-18-61)

P (professional) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.140; Ord. No. NS-455, § 1, 6-20-60)

The following uses are permitted in the P district:

(a)

Professional, business, and administrative offices where no merchandise is sold.

(b)

Banks, savings and loan offices, credit unions, and mortgage and finance companies.

(c)

Travel agencies.

(d)

Medical offices.

(e)

Art galleries, art and photography studios.

(f)

Museums and science centers.

(g)

Print and copy services.

(h)

Pharmacies, limited to the dispensing of goods and merchandise related to health care only, and excluding drive-through facilities.

(i)

Daycare centers.

(j)

Non-freestanding commercial and service uses which do not exceed ten (10) per cent of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding drive-through facilities, and commercial uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(k)

Freestanding restaurants, cafes, and eating establishments, excluding drive-through facilities and excluding any eating establishment specified in section 41-313.5.

(Code 1952, § 9230.141; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-635, § 5, 3-4-63; Ord. No. NS-1540, § 1, 9-2-80; Ord. No. NS-1732, § 19, 6-25-84; Ord. No. NS-1873, § 1, 12-1-86; Ord. No. NS-2035, § 1, 11-20-89; Ord. No. NS-2176, § 2, 9-21-92; Ord. No. NS-2296, § 1, 10-7-96; Ord. No. NS-2446, § 12, 9-18-00; Ord. No. NS-3035, § 7, 12-20-22; Ord. No. NS-3038, § 15, 2-7-23)

The following may be permitted in the P district, subject to the issuance of a conditional use permit:

a.

Convalescent hospitals, nursing homes, rest homes and extended care facilities.

b.

Hospitals.

c.

Trade and professional schools.

d.

Health clubs and gymnasiums.

e.

Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313.

f.

Ambulance and emergency medical response services.

g.

Non-freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area.

h.

Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

i.

Banquet facilities, subject to development and operational standards set forth in section 41-199.1.

j.

Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1.

k.

Adult day care facilities.

l.

Clubs, fraternities and lodges.

m.

Bail bond uses, subject to development and operation standards set forth in section 41-323.

n.

Churches and accessory church buildings.

o.

Parking lots and parking structures subject to compliance with the requirements of Section 41-324.

p.

Medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities.

(Ord. No. NS-1732, § 20, 6-25-84; Ord. No. NS-2035, § 2, 11-20-89; Ord. No. NS-2296, § 2, 10-7-96; Ord. No. NS-2445, § 4, 9-18-00; Ord. No. NS-2446, § 13, 9-18-00; Ord. No. NS-2473, § 4, 6-18-01; Ord. No. NS-2661, § 4, 9-20-04; Ord. No. NS-2938, § 3, 2-20-18; Ord. No. NS-2987, § 4, 4-21-20; Ord. No. NS-3035, § 8, 12-20-22; Ord. No. NS-3038, § 16, 2-7-23)

(a)

No structure shall exceed thirty-five (35) feet in height except as provided by section 41-602 for Height District II.

(b)

Notwithstanding the provisions of section 41-602(d), all structures shall not exceed three (3) stories or thirty-five (35) feet within one hundred forty (140) feet of property used or zoned for residential purposes.

(c)

Notwithstanding any other height provision of this chapter, all structures shall not exceed two (2) stories or twenty-five (25) feet in height within the rear fifty (50) per cent of a lot abutting on the rear property line of property zoned or used for residential purposes.

(Code 1952, § 9230.142; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-55 3, § 7, 12-4-61; Ord. No. NS-2035, § 3, 11-20-89)

(a)

Front. All structures shall maintain a fifteen-foot setback from the front property line.

(b)

Side.

(1)

All structures shall maintain a fifteen-foot setback from side property lines abutting a street.

(2)

All structures shall also maintain a five-foot setback from interior side property lines.

(3)

All stories above and exclusive of the second story or twenty-five (25) feet in height shall maintain an additional setback of not less than two (2) feet for each foot above the second story if the lot is abutting property used or zoned for residential purposes.

(c)

Rear. All structures shall maintain a fifty-foot rear setback if the lot abutting on the rear property line is a parcel used or zoned for residential purposes. In all other cases, all structures shall maintain a ten-foot rear setback.

(Code 1952, § 9230.143; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-903, § 1, 12-4-67; Ord. No. NS-2035, § 4, 11-20-89)

(a)

Front. There shall be a landscaped front yard area of not less than fifteen (15) feet.

(b)

Side. There shall be a landscaped side yard area of not less than five (5) feet. On corner lots, the landscaped side yard shall not be less than fifteen (15) feet.

(c)

Rear. There shall be a landscaped rear yard area of not less than ten (10) feet if the lot abutting on the rear property line is a parcel used or zoned for residential purposes. There shall be a landscaped rear yard of not less than five (5) feet in all other cases.

(d)

Vehicular parking may not be located within any required landscaped area.

(e)

Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council.

(f)

Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development.

(g)

Procedures for the approval and amendment of landscaping plans shall be established by the planning division.

(h)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(i)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Code 1952, § 9230.144; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1226, § 7, 10-7-74; Ord. No. NS-2035, § 5, 11-20-89; Ord. No. NS-2801, § 7, 12-23-09)

A landscaped area shall be provided around and abutting each building. The area of landscaping shall be equal to or greater than three (3) times the perimeter dimensions of the building but in no case shall be less than five (5) feet in width. The side yard landscaping abutting the building may be considered as part of this landscape requirement.

(Code 1952, § 9230.145; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2035, § 6, 11-20-89)

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.146; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3044, § 15, 6-20-23)

Interior parking lot landscaping shall be provided at a rate of one (1) planter for each ten (10) parking spaces. Landscape planter areas shall be provided with plant material per the commercial area landscape standards. The minimum dimension of each landscape planter shall be eight and one half (8.5) feet in width by eighteen (18) feet in length.

(Ord. No. NS-2035, § 7, 11-20-89)

One (1) square foot of landscaping and decorative pedestrian landscape in a plaza or around the perimeter of the parking structure shall be provided for every fifty (50) square feet of parking structure footprint area.

(Ord. No. NS-2035, § 8, 11-20-89)

Required setbacks and yards shall be reduced as necessary to allow existing one-and two-story residential buildings to be converted to a use permitted by this division. All other provisions of this division must be met by such conversions.

(Ord. No. NS-2035, § 9, 11-20-89)

A six-foot high minimum solid decorative masonry wall designed in the same manner as the proposed building shall be provided along the side and rear property lines. Notwithstanding, said wall shall not exceed forty-two (42) inches in height within twenty (20) feet of the property line abutting a street. If the site is abutting a nonresidential use, the wall height requirement may be reduced by the planning director.

(Ord. No. 2035, § 10, 11-20-89)

In addition to the provisions of this chapter, the following minimum development and operational standards apply to bail bond uses:

(a)

Bail bond uses shall only be conducted within a P zone that is located within two thousand (2,000) feet of a jail facility.

(b)

Bail bond uses shall not be located within one hundred fifty (150) feet from a R1, R2 or R3 zoned property.

(c)

Off-street parking shall be provided in the manner prescribed in article IV of this chapter for service uses.

(Ord. No. NS-2661, § 5, 9-20-04)

In addition to the provisions of this chapter, the following minimum development and operational standards apply to parking lot and parking structure uses:

(a)

Shall only be permitted on sites of no less than two (2) acres.

(b)

Shall not be permitted on sites that abut properties zoned or used for single-family residential.

(c)

Shall be designed to comply with the citywide design guidelines established by resolution of the city council.

(Ord. No. NS-2987, § 5, 4-21-20)

GC (government center) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.160; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2058, § 2, 5-7-90)

The purpose of the government center district is to provide for orderly governmental development, free of inconsistent uses.

(Code 1952, § 9230.161; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2058, § 3, 5-7-90)

The following uses are permitted in the GC district: government buildings, public utility facilities, flood-control structures, and uses accessory thereto.

(Code 1952, § 9230.162; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-667, § 1, 7-1-63; Ord. No. NS-707, § 1, 12-16-63; Ord. No. NS-1540, § 3, 9-2-80; Ord. No. NS-1732, § 23, 6-25-84; Ord. No. NS-2058, § 4, 5-7-90)

Editor's note— Ord. No. NS-1700, § 3, enacted Nov. 21, 1983, repealed § 41-344, relative to the submission of development plans and the architectural review thereof, derived from Code 1952, § 9230.163, and Ord. No. NS-455, § 1, adopted June 20, 1960.

Editor's note— Ord. No. NS-2058, § 5, adopted May 7, 1990, repealed former § 41-345, which pertained to yards, building height, off-street parking in the C3 district and derived from § 9230.164 of the city's 1952 Code as amended by Ord. No. NS-455, § 1, adopted June 20, 1960.

Editor's note— Ord. No. NS-1721, § 5, enacted April 2, 1984, repealed § 41-346, relative to sign regulations in CD districts. Said section was derived from Code 1952, § 9230.165, and Ord. No. NS-455, § 1, adopted June 20, 1960.

PD (planned development) suffixes are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.170; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-745, § 1, 8-3-64)

The R1 (single-family residence) district way be modified at the time the zoning is first established or by amendment by adding to the district designation PD, which shall make no alteration to the uses permitted under the regular district classification except as listed in section 41-354. Said designation is intended to provide for residential developments on large sites characterized by a physical environment commensurate with such contemporary site planning principles as:

(1)

Building integrated around open and recreational areas which are reserved for pedestrian use and serve as unifying elements.

(2)

The separation of vehicular and pedestrian traffic.

(3)

The placement of buildings in such a way as to create a variety of open areas or subareas, thereby eliminating corridor or barrackslike arrangements of buildings.

(4)

Recreational-leisure space sufficient to accommodate the needs of all the occupants.

(5)

The location and design of all buildings, structures, and open spaces in such a manner as to create a balanced and harmonious composition as a whole and in the relations of its several parts and features to each other.

(6)

The development of land in an efficient and orderly manner consistent with the established quality of the community.

Further, said PD suffix is intended to allow innovations in subdivision design intended to foster greater land utilization while increasing the desirability of each project developed under the PD suffix.

(Code 1952, § 9230.171; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-745, § 1, 8-3-64)

The following accessory uses are permitted only where they are integrated with and clearly incidental to a primary permitted use and where the sole purpose is to provide convenience to residents of the development rather than the general public:

(1)

Swimming pools.

(2)

Recreational buildings, structures, and areas.

(3)

Private parks.

(4)

Other normal accessory uses constituting an integral part of said planned development.

(Code 1952, § 9230.172; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-745, § 1, 8-3-64)

Any development of property within a PD modified district classification shall necessitate the filing of a conditional use permit. Said conditional use permit shall be approved, conditionally approved, or denied. No building permit shall be issued unless said conditional use permit is approved or conditionally approved. All development shall be in compliance with all conditions of approval prior to the issuance of a utility release by the building department.

(Code 1952, § 9230.173; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-745, § 1, 8-3-64)

There shall be not less than six thousand (6,000) square feet of land area per dwelling unit within a planned development, exclusive of primary streets shown on the streets and highways clement of the general plan of community development or amendment thereto.

(Code 1952, § 9230.174; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-745, § 1, 8-3-64)

Unless otherwise indicated in the conditions of approval of the approved conditional use permit for a planned development as set forth in section 41-355, the following standards shall be complied with. Said standards are necessary in order to assure adequate levels of light, air, and density of development, to maintain and enhance the locally recognized values of community appearance, to promote functional compatibility of uses, and to promote the safe and efficient circulation and separation of pedestrian and vehicular traffic. These standards are found to be inherent characteristics of planned developments and further found to be necessary for the preservation of the community health, safety, and general welfare:

(a)

Site area and dimension. The development site area shall be not less than three (3) acres and of such shape as to provide for interior vehicular circulation, central recreational-leisure area, efficient and orderly non-monotonous arrangement of buildings to achieve the living environment intended by this section.

(b)

Buildings and structural height limitations. None, except as set forth in the R1 district regulations.

(c)

Recreational-leisure areas. The following provisions are made for recreational and leisure facilities. These standards are found to be the minimum necessary to afford residences of such developments a desirable living environment consistent with the established quality of residential areas throughout the community:

(1)

Each planned development shall reserve and maintain a unified, usable open area or areas, exclusive of private patios, balconies and areas used primarily for pedestrian accessways, driveways, parking areas, garages and carports, equal to at least twelve hundred (1,200) square feet per each proposed dwelling unit. The purpose of such area is to provide for the recreational and leisure time activities of the residences. Said area or areas may include swimming pools, putting greens, court games and any other recreational-leisure facilities necessary to meet the requirements of the residences and their guests.

(2)

Each dwelling unit shall have an enclosed patio at least six hundred (600) square feet in area, of which the least dimension shall be fifteen (15) feet.

(3)

Recreational-leisure space shall be conveniently located and readily accessible to the users of such areas.

(d)

Minimum floor area of dwelling units. There shall be not less than one thousand (1,000) square feet of floor area per dwelling unit, excluding garages and patios.

(e)

Building setback requirements. The following building setbacks shall be provided in planned developments:

(1)

Wherever a site abuts a primary street there shall be provided a landscaped building setback area of twenty (20) feet. Staggered building setbacks may be provided. However, in no case shall the building setback be less than fifteen (15) feet and provided that for every foot of building frontage less than twenty (20) feet from the property line there shall be provided an equal amount of building frontage correspondingly greater than twenty (20) feet from the property line.

(2)

Along all site boundary lines not abutting a major, primary or secondary highway or local street or private vehicular accessway, there shall be a landscaped setback area of not less than ten (10) feet.

(3)

No buildings, structures, or vehicular parking shall be permitted within a required landscaped building setback area.

(4)

All required setback areas, with the exception of access drives and walks, shall be landscaped with lawn, trees, shrubs, or other plant materials and shall be permanently maintained in a neat and orderly manner as a condition to use. Fountains, ponds, sculpture, planters, and decorative screen-type walls, thirty (30) inches or less in height, where an integral part of a landscaping scheme comprised primarily of plant materials, are permitted.

(f)

Vehicular access. The design and location of vehicular accessways shall be subject to the following provisions:

(1)

All planned developments shall be served by public dedicated rights-of-way sufficient to provide adequate access, egress and circulation of pedestrian and vehicular traffic in conformance with city standards.

(2)

Private vehicular accessways may be permitted for planned developments on sites less than four (4) acres in size as of record on September 3, 1964, and where it is found that said accessways provide safe and convenient vehicular and pedestrian traffic consistent with city standards. Where private vehicular accessways are permitted they shall conform to the following minimum standards:

(i)

The minimum private vehicular accessway that shall be provided for any planned development shall be thirty (30) feet wide.

(ii)

Private vehicular accessways with planned parallel parking on both sides shall be a minimum of thirty-six (36) feet wide.

(iii)

Curbs, gutters and parkways shall be provided along both sides of the above private vehicular accessways.

(3)

All vehicular accessways shall be so located as to provide for the separation of vehicular and pedestrian traffic.

(4)

Appropriate street trees shall be provided along all parkways subject to the approval of the superintendent of parks.

(g)

Off-street parking requirements. The following parking requirements shall be met for all planned developments:

(1)

A minimum of two (2) covered spaces per single-family dwelling unit. The location of parking facilities shall be properly integrated with the dwelling units to be served and shall provide the occupants easy and convenient access to such spaces. Said facilities shall be properly screened from adjacent properties and from adjacent living and recreational-leisure areas.

(2)

A minimum of one-half (½) guest parking space per single-family dwelling unit, conveniently located.

(h)

Walls. In recognition of the unique and self-containing characteristics of planned development all such developments shall be enclosed by a solid masonry wall, redwood or cedar fence or combinations thereof, not less than six (6) feet in height, erected along and immediately adjacent to the property line abutting adjacent properties, except where a holding strip is permitted for the purpose of providing for the logical development of adjacent properties.

(i)

Standard refuse storage areas. Each trash and refuse storage area shall be screened from view of the residents of the property and neighboring properties by a solid masonry wall at least six (6) feet in height and shall be maintained for health and sanitation purposes.

(j)

Street dedications and improvements required. Anticipating that changes will occur in the local neighborhoods and the city generally due to the increase in vehicular traffic, increase in pedestrian traffic, increased noise, and other activities associated with the city's development and growth, the following dedications and improvements are deemed to be necessary to prevent congestion and other hazards related to the intensified use of the land and necessary for the preservation of the public health, safety, and general welfare. These requirements shall be met or complied with before any building shall be finally approved and accepted for use and occupancy:

(1)

All required public streets and alleys, both local and primary, which abut the subject property shall be dedicated to the city.

(2)

All street, highway, and alley improvements shall be installed and in good repair, or street improvement plans shall be required to be prepared to city standards and said improvements constructed. A faithful performance bond in a form approved by the city attorney and in an amount to be determined by the city engineer may be posted to guarantee the construction of the streets, which may include but not necessarily be limited to excavation, curbs, pavement, gutters, sidewalks, drainage facilities, or any other engineering requirements.

(3)

Necessary fire protection facilities shall be provided for in accordance with the requirements of the fire chief of the city.

(4)

The director of building safety and housing shall not grant final release of occupancy to any structure constructed upon any property covered by this ordinance until the city engineer has certified to the compliance of the conditions set forth in (1) and (2) above; and the fire chief has certified to the compliance of the conditions set forth in (3) above.

(Code 1952, § 9230.175; Ord. No. NS-455, § 1, 6-20-60 ; Ord. No. NS-745, § 1, 8-3-64)

(a)

The applicant for approval of a planned development shall be the owner, all of the owners of the site acting jointly, or an authorized agent.

(b)

Each prospective applicant is encouraged to confer with the planning department in connection with the preparation of a plan for a planned development prior to the submission of the conditional use permit application to the planning commission. The chief purpose of such a preapplication conference is to benefit the prospective applicant by providing information and clarification of requirements before such prospective applicant incurs any substantial expense in the preparation of plans.

(c)

(1)
Planned development proposed for division for sale into two (2) or more separately owned parcels shall require the filing of a subdivision map in accordance with the subdivision regulations (chapter 34 of this Code).

(2)

When a planned development is divided for sale or lease through the subdivision of said development, the minimum lot area, lot frontage and/or lot depth for subdivision purpose may be less than that required in the subdivision regulations. Such exceptions to the district regulations may be permitted where:

(i)

The individual units or groups of units and their patios are described as an individual lot in such a subdivision.

(ii)

All remaining areas are in common ownership, held in trust, or otherwise for the benefit of those persons residing in the planned development.

(3)

Prior to filing of a final subdivision map the following provisions shall be complied with:

(i)

Adequate and permanent ingress and access easement from a street to each dwelling unit shall be provided. The conveyance of such easements shall be approved as to form and content by the city attorney.

(ii)

Each recorded lot on which a residential unit can be placed shall have not less than thirty (30) feet of frontage on a common open space lot or parcel.

(iii)

Those lots or parcels which are to be utilized for common purposes shall be designated as "not a buildable lot or parcel" and shall be continuously and permanently maintained for the exclusive use and benefit of the occupants in the subdivisions. The manner in which this is to be accomplished shall be a part of the map and submitted in writing and be subject to approval by the city attorney.

(iv)

Those lots apparently designed for garage or parking space requirements for each buildable lot shall be designated with the same numeral as the building lot, with the addition of a letter. Such parking facilities shall be continuously maintained and reserved for parking. The manner in which this is to be accomplished shall be a part of the map, and submitted in writing and be subject to approval by the city attorney.

(Code 1952, §§ 9230, 9230.176; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-745, § 1, 8-3-64)

C1 (community commercial) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.180; Ord. No. NS-455, § 1, 6-20-60)

The following uses are permitted in the C1 district:

(a)

Retail and service uses.

(b)

Professional, business, and administrative offices.

(c)

Automobile parking lots and parking structures.

(d)

Automobile sales, but excluding truck, trailer, tractor and boat sales.

(e)

Churches and accessory church buildings.

(f)

Mortuaries.

(g)

Theaters.

(h)

Hospitals, clinics, and sanitariums.

(i)

Animal hospitals and veterinaries.

(j)

Plant nurseries.

(k)

Gymnasiums.

(l)

Golf courses, both regulation and miniature, and driving ranges.

(m)

Public utility structures, including electric distribution and transmission substations.

(n)

Restaurants, cafes, and eating establishments, other than those specified in Section 41-365.5.

(o)

Schools and studios operated for commercial or public purposes.

(p)

Daycare centers.

(q)

Service stations.

(r)

Automobile servicing.

(s)

Tattoo and/or body art establishments, subject to the development and operational standards set forth in Section 41-199.3.

(t)

Medical offices.

(Code 1952, § 9230.181; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-521, §§ 3, 4, 6-19-61; Ord. No. NS-635, § 6, 3-4-63; Ord. No. NS-1035, § 1, 9-8-70; Ord. No. NS-1036, § 2, 9-8-70; Ord. No. NS-1123, § 1, 7-17-72; Ord. No. NS-1507, § 1, 11-19-79; Ord. No. NS-1532, § 6, 6-16-80; Ord. No. NS-1540, § 4, 9-2-80; Ord. No. NS-1732, § 24, 6-25-84; Ord. No. NS-1937, § 1, 11-16-87; Ord. No. NS-2118, § 3, 3-18-91; Ord. No. NS-2446, § 14, 9-18-00; Ord. No. NS-2487, § 5, 2-4-02; Ord. No. NS-2513, § 7, 9-3-02; Ord. No. NS-2931, § 7, 11-21-17; Ord. No. NS-2977, § 4, 10-15-19; Ord. No. NS-3035, § 9, 12-20-22; Ord. No. NS-3038, § 17, 2-7-23)

The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit:

(a)

Clubs.

(b)

Outdoor and indoor recreational or entertainment uses other than those set forth in Section 41-365.

(c)

Hotels, motels, fraternity houses, residential care facilities (seven (7) or more occupants), and sorority houses.

(d)

Thrift shops, purchase and loan, pawn shops.

(e)

Eating establishments with drive-through window service.

(f)

Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

(g)

Laundromats, subject to the development and performance standards set forth in Section 41-199.

(h)

Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(i)

Check cashing facilities, as defined by Section 41-42.7.

(j)

Banquet facilities, subject to development and operational standards set forth in Section 41-199.1.

(k)

Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1.

(l)

Adult day care facilities.

(m)

Superstores.

(n)

Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in Section 41-199.3.

(o)

Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter.

(Ord. No. 1732, § 25, 6-25-84; Ord. No. NS-1861, § 2, 8-4-86; Ord. No. NS-1937, § 2, 11-6-87; Ord. No. NS-2213, § 1, 1-18-94; Ord. No. NS-2245, § 2, 3-6-95; Ord. No. NS-2276, § 1, 12-18-95; Ord. No. NS-2346, § 2, 3-16-98; Ord. No. NS-2412, § 3, 12-6-99; Ord. No. NS-2445, § 5, 9-18-00; Ord. No. 2446, § 15, 9-18-00; Ord. No. NS-2734, § 3, 2-5-07; Ord. No. NS-2931, § 8, 11-21-17; Ord. No. NS-3038, § 18, 2-7-23; Ord. No. NS-3084, § 19, 9-16-25)

(a)

All business activities in the C1 district shall be conducted and located within an enclosed building, except as otherwise provided in section 41-195, and except that the following business activities, to the extent permitted under section 41-365 and section 41-365.5, may be conducted outside of an enclosed building:

(1)

Plant nurseries.

(2)

Automobile sales and parking lots.

(3)

Recreational or entertainment uses.

(4)

Youth amusement rides.

(b)

Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business.

(c)

Public utility electric distribution and transmission substations shall be screened by a fence at least six (6) feet high, except as restricted by sections 36-45, 36-46, and 36-47 of this Code.

(d)

No sales shall be made directly from a building to persons on a public sidewalk, either through a window or similar opening or by means of any coin-operated device.

(e)

Service stations and automobile servicing: No automobile servicing within three hundred (300) feet of property used or zoned for residential purposes shall be conducted before 6:00 a.m. or after 10:00 p.m. on any day of the week.

(f)

Youth amusement rides shall comply with the following standards, deviation from which requires written approval by the planning manager:

(1)

No youth amusement ride shall be located on a required walkway or landscape area.

(2)

No youth amusement ride shall be located in a foyer leading to a store entry unless a minimum of six (6) feet of clearance remains.

(3)

No advertising is allowed on any youth amusement ride.

(4)

All youth amusement rides shall be maintained in a clean, attractive and sanitary condition.

(5)

No youth amusement ride shall be designed or located such as to create a safety hazard or interfere with reasonable pedestrian passage to adjacent businesses.

(6)

No more than two (2) youth amusement rides are allowed per street frontage or primary store entrance.

(7)

No more than three (3) youth amusement rides are allowed per building.

(8)

Any graffiti on a youth amusement ride shall be removed within twenty-four (24) hours.

(9)

Youth amusement rides shall be maintained in an operable condition at all times. Inoperable youth amusement rides shall be repaired or removed from the premises within forty-eight (48) hours.

(Code 1952, § 9320.182; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1708, § 3, 12-19-83; Ord. No. NS-1732, § 26, 6-25-84; Ord. No. NS-2118, § 4, 3-18-91; Ord. No. NS-2487, § 6, 2-4-02)

No structure shall exceed thirty-five (35) feet in height.

(Code 1952, § 9230.183; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 8, 12-4-61)

There shall be a front yard of not less than fifteen (15) feet.

(Code 1952, § 9230.184; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 2, 1-7-85; Ord. No. NS-1860, § 1, 9-15-86)

There are no side yard requirements, except that on corner lots the side yard adjacent to a street shall have a side yard of not less than fifteen (15) feet. However, no part of a building above the first fifteen (15) feet in height may be located within twenty (20) feet of the vertical plane of a side lot line if the lot is contiguous to residentially zoned or used property on such side.

(Code 1952, § 9230.185; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 3, 1-7-85; Ord. No. NS-1860, § 2, 9-15-86)

There is no rear yard requirement. However, no part of a building above the first fifteen (15) feet in height may be located within twenty (20) feet of the vertical plane of a rear lot line if the lot is contiguous to residentially zoned or used property on the rear.

(Code 1952, § 9230.186; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 4, 1-7-85)

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.187; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3044, § 11, 6-20-23)

(a)

A landscaped area not less than fifteen (15) feet wide shall be maintained along any property line to the extent it abuts a street, except at approved driveways.

(b)

A landscaped area not less than five (5) feet wide shall be maintained along any property line to the extent it serves to separate property zoned or used for residential purposes from any off-street parking area.

(c)

Vehicular parking may not be located within any required landscaped area.

(d)

Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council.

(e)

Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development.

(f)

Procedures for the approval and amendment of landscaping plans shall be established by the planning division.

(g)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(h)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-1860, § 3, 9-15-86; Ord. No. NS-2801, § 8, 12-23-09)

Each lot which is used for retail or service purposes in the C1 district shall have at least fifteen thousand (15,000) square feet of area and one hundred twenty (120) feet of street frontage.

(Ord. No. NS-1860, § 4, 9-15-86)

In addition to the provisions of this chapter, the following minimum standards apply to service stations and automobile servicing:

(1)

Driveways:

(a)

Sites with only one (1) street frontage shall have no more than two (2) driveways.

(b)

Sites with frontage on more than one (1) street are subject to the following requirements: For lots under forty thousand (40,000) square feet:

1.

There shall be no more than two (2) driveways on one (1) of the abutting streets.

2.

There shall be no more than one (1) driveway on all other abutting streets, except as otherwise approved by the zoning administrator based on a traffic analysis study.

(c)

Driveways shall not exceed thirty-five (35) feet in width when more than one (1) exists on a street frontage.

(d)

Traffic analysis studies supporting additional driveways shall consider on-site and off-site traffic circulation as well as intersection capacity, traffic counts and other pertinent data.

(2)

Landscaping: Landscaping shall be installed in accordance with the standards applicable to commercial development generally, subject to the following:

(a)

A five-foot landscaped yard shall be provided along the side and rear lot lines where such area is not occupied by a building or appurtenant structure.

(b)

On sites less than forty thousand (40,000) square feet in lot size, a reduction in landscaping may be granted by the zoning administrator as necessary for public safety or traffic circulation reasons.

(Ord. No. NS-2118, § 5, 3-18-91)

In addition to the provisions of this chapter, the following minimum standard applies to check cashing facilities:

(1)

Spacing.

a.

It shall be unlawful to hereafter establish any check cashing facility, as defined by section 41-42.7 of this Code, within one thousand (1,000) feet of another check cashing facility, measured from property line to property line.

(Ord. No. NS-2412, § 4, 12-6-99)

The C1-MD (Community Commercial-Museum) district is specifically subject to the regulations contained in this division. Such district is also subject to all regulations in this chapter which apply to property located in the C1 (Community Commercial) district, except that sections 41-365 and 41-365.5 shall not apply to the C1-MD district.

(Ord. No. NS-2299, § 1, 9-3-96)

The following uses are permitted in the C1-MD district:

(a)

Retail and service uses, other than those specified in section 41-375.2.

(b)

Professional, business, and administrative offices where no merchandise is sold.

(c)

Medical offices.

(d)

Theaters and cinemas.

(e)

Gymnasiums and health clubs.

(f)

Travel agencies, with no embarking or disembarking of passengers.

(g)

Art galleries and art and photography studios.

(h)

Museums and science centers.

(i)

Restaurants, cafes, and eating establishments other than those specified in section 41-375.2, excluding eating establishments with drive-thru window service.

(j)

Daycare centers.

(Ord. No. NS-2299, § 1, 9-3-96; Ord. No. NS-2446, § 16, 9-18-00; Ord. No. NS-3035, § 10, 12-20-22; Ord. No. NS-3038, § 19, 2-7-23)

The following uses may be permitted in the C1-MD district subject to the issuance of a conditional use permit:

(a)

Clubs.

(b)

Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-375.1.

(c)

Hotels.

(d)

Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

(e)

Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(f)

Banquet facilities, subject to development and operational standards set forth in section 41-199.1.

(g)

Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1.

(h)

Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter.

(Ord. No. NS-2299, § 1, 9-3-96; Ord. No. NS-2445, § 6, 9-18-00; Ord. No. NS-3038, § 20, 2-7-23)

C2 (general commercial) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.200; Ord. No. NS-455, § 1, 6-20-60)

The following uses are permitted in the C2 district.

(a)

All uses which are permitted in the C1 district pursuant to Section 41-365.

(b)

Automotive garages including body and fender repair, painting, and engine replacement.

(c)

Blueprinting, photo-engraving, including all types of reproduction processes.

(d)

Reserved.

(e)

Equipment rental yards.

(f)

Metal shops.

(g)

Tire recapping.

(h)

Wholesale establishments as follows:

(1)

Automotive equipment, including parts and supplies for machinery.

(2)

Drugs, chemicals and allied products excluding explosives and industrial chemicals.

(3)

Dry goods and apparel.

(4)

Food products.

(5)

Farm products.

(6)

Electrical and plumbing supplies.

(7)

Office equipment and supplies.

(i)

Truck, trailer, tractor and boat sales.

(j)

Research institutions and laboratories.

(k)

Adult entertainment businesses subject to compliance with the requirements of article XVII of this Chapter.

(Code 1952, § 9230.201; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-521, §§ 5, 6, 7, 6-19-61; Ord. No. NS-1035, § 2, 9-8-70; Ord. No. NS-1123, § 2, 7-17-72; Ord. No. NS-1225, § 2, 10-7-74; Ord. No. NS-1397, § 2, 1-3-78; Ord. No. NS-1438, § 1, 8-21-78; Ord. No. NS-1507, § 2, 11-19-79; Ord. No. NS-1732, § 27, 6-25-84; Ord. No. NS-2373, § 4, 12-7-98; Ord. No. NS-2513, § 8, 9-3-02; Ord. No. NS-2494, § 7, 4-15-02; Ord. No. NS-2812, § 3, 12-20-10; Ord. No. NS-2977, § 5, 10-15-19)

The following uses may be permitted in the C2 district subject to the issuance of a conditional use permit:

(a)

Any use which may be permitted subject to the issuance of a conditional use permit in the C1 district pursuant to section 41-365.5.

(b)

Open-air car washes.

(c)

Trailer parks and camps.

(d)

Thrift shops, food distribution centers, and counseling service establishments operated by nonprofit or government-subsidized organizations or by public agencies.

(e)

Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.

(f)

Superstores.

(g)

Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter.

(Ord. No. NS-1732, § 28, 6-25-84; Ord. No. NS-1939, § 4, 1-4-88; Ord. No. NS-2114, § 1, 3-4-91; Ord. No. NS-2734, § 4, 2-5-07; Ord. No. NS-3038, § 21, 2-7-23)

(a)

All business activities in the C2 district shall be conducted and located within an enclosed building, except as otherwise provided in section 41-195, and except that the following business activities, to the extent permitted under section 41-377 and section 41-377.5, may be conducted outside of an enclosed building:

(1)

Plant nurseries.

(2)

Automobile sales and parking lots.

(3)

Recreational or entertainment uses.

(4)

Equipment rental yards.

(5)

Truck, trailer, tractor and boat sales.

(6)

Open-air car washes.

(7)

Trailer parks and camps.

(b)

No sales shall be made directly from a building to persons on a public sidewalk, either through a window or similar opening or by means of a coin-operated device.

(c)

Service stations, automobile servicing, and automobile repair are subject to the following requirements:

(1)

No outdoor overnight vehicle storage is permitted except as permitted by section 41-613.2.

(2)

No auto repair or auto body activity within three hundred (300) feet of property zoned or used for residential purposes shall be conducted before 7:00 a.m. or after 9:00 p.m. on any day of the week.

(Code 1952, § 9230.202; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1708, § 4, 12-19-83; Ord. No. NS-1732, § 29, 6-25-84; Ord. No. NS-2114, § 2, 3-4-91; Ord. No. NS-2118, § 6, 3-18-91; Ord. No. NS-2812, § 4, 12-20-10)

No structure shall exceed thirty-five (35) feet in height.

(Code 1952, § 9230.203; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 9, 12-4-61)

Front yard requirements are the same as prescribed for the C1 district by section 41-368.

(Code 1952, § 9230.204; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 5, 1-7-85)

Side yard and building setback requirements are the same as prescribed for the C1 district by section 41-369.

(Code 1952, § 9230.205; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 6, 1-7-85)

Rear yard and building setback requirements are the same as prescribed for the C1 district by section 41-370.

(Code 1952, § 9230.206; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 7, 1-7-85)

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.207; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3044, § 16, 6-20-23)

Landscaping, lot size, and lot frontage requirements in the C2 district are the same as prescribed for the C1 district by sections 41-372 and 41-373.

(Ord. No. NS-1860, § 5, 9-15-86)

In addition to the commercial development standards, automobile repair uses are subject to the following:

(1)

A ten-foot minimum width planter shall be provided along the side or rear property line which abuts property zoned or used for residential purposes, except when such area is occupied by a building.

(2)

Driveways on corner lots shall not be located closer than five (5) feet from the corner radius.

(Ord. No. NS-2118, § 7, 3-18-91)

In addition to the provisions of this chapter for commercial uses, service stations and automobile servicing are subject to the requirements of section 41-374.

(Ord. No. NS-2118, § 8, 3-18-91)

Equipment rental yards shall comply with the following operational standards:

(a)

Any permitted equipment rental yard shall be operated in a fashion so as to have no detrimental effect on lawful adjacent uses by reason of refuse matter, noise, light, vibration, or lack of property maintenance of grounds or buildings.

(b)

A solid decorative masonry wall not less than eight (8) feet in height shall be built and maintained along any rear or side lot line abutting property that is used, zoned, or designated on the general plan for residential purposes.

(c)

Equipment, including stacked storage or displays, shall not exceed ten (10) feet in height when being stored or displayed on the site.

(d)

All parking, vehicle circulation, queuing, backing, and equipment loading must occur completely on-site.

(e)

Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m.

(f)

Equipment, including stacked storage or displays, shall be stored or displayed entirely on-site, pursuant to any applicable approved site plan, but shall not be stored or displayed:

(1)

In any setback, improved or not, required pursuant to sections 41-368, 41-369, and 41-370;

(2)

In any required parking spaces, driveways, or pedestrian walkways;

(3)

So as to obstruct sight distance or otherwise create hazards for vehicle or pedestrian traffic;

(4)

So as to disrupt the normal function of the site or its circulation;

(5)

On any public right-of-way.

(h)[(g)]

All trash and debris generated by the storage of building materials, such as sand or gravel, must be contained on site.

(Ord. No. NS-2812, § 5, 12-20-10)

Any use of real property existing on the effective date of the ordinance from which this section derives, which meets the definition of equipment rental yard as set forth in section 41-58 of this Code, but which was constructed, operated, and maintained in compliance with all regulations and design, development, and operational standards adopted by the city, shall be deemed a legal nonconforming use which may be continued until six (6) months after the effective date of the ordinance from which this section derives. On or before such date, all such nonconforming aspects of such use shall be terminated or brought into full compliance with the operational requirements set forth in section 41-387, with the exception of subsection (b).

(a)

Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an equipment rental yard for a continuous period of one (1) year shall result in a loss of legal nonconforming status of such use.

(b)

Amortization—Annexed property. Any equipment rental yard that was a legal use at the time of annexation of the property, but that does not conform to the regulations and design, shall be brought into compliance within one (1) year of the date of annexation.

(Ord. No. NS-2812, § 6, 12-20-10)

C4 (planned shopping center) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.240; Ord. No. NS-455, § 1, 6-20-60)

All uses permitted in the C1 district pursuant to section 41-365 are likewise permitted in the C4 district. In addition, adult entertainment businesses shall be permitted in the C4 district, subject to compliance with the requirements of article XVII of this chapter.

(Code 1952, § 9230.241; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1036, § 4, 9-8-70; Ord. No. NS-1071, § 2, 3-15-71; Ord. No. NS-1123, § 4, 7-17-72; Ord. No. NS-1507, § 4, 11-19-79; Ord. No. NS-1532, § 8, 6-16-80; Ord. No. NS-1540, § 6, 9-2-80; Ord. No. NS-1732, § 33, 6-25-84; Ord. No. NS-2373, § 5, 12-7-98)

The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit:

(a)

Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses.

(b)

Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.

(c)

Eating establishments with drive-through window service.

(d)

Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

(e)

Laundromats, subject to the development and performance standards set forth in Section 41-199.

(f)

Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(g)

Check cashing facilities, as defined by Section 41-42.7 of this Code.

(h)

Banquet facilities, subject to development and operational standards set forth in Section 41-199.1.

(i)

Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1.

(j)

Adult day care facilities.

(k)

Superstores.

(l)

Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter.

(Ord. No. NS-1732, § 34, 6-25-84; Ord. No. NS-1937, § 3, 11-16-87; Ord. No. NS-1939, § 5, 1-4-88; Ord. No. NS-1993, § 1, 1-3-89; Ord. No. NS-2213, § 2, 1-18-94; Ord. No. NS-2245, § 3, 3-6-95; Ord. No. NS-2276, § 3, 12-18-95; Ord. No. NS-2412, § 5, 12-6-99; Ord. No. NS-2445, § 9, 9-18-00; Ord. No. NS-2446, § 18, 9-18-00; Ord. No. NS-2734, § 5, 2-5-07; Ord. No. NS-3038, § 22, 2-7-23; Ord. No. NS-3084, § 20, 9-16-25)

(a)

All business activities in the C4 district shall be conducted or located within an enclosed building, except as otherwise provided in section 41-195, and except that the following business activities, to the extent permitted under sections 41-412 and 41-412.5 may be conducted outside of an enclosed building:

(1)

Newsstands.

(2)

Flower stands.

(3)

Plant nurseries.

(4)

Automobile sales and parking lots.

(5)

Recreational or entertainment uses.

(b)

There shall be no manufacturing, processing, compounding, assembling or treatment of any material or product other than that which is clearly incidental to a particular retail enterprise, and where such goods are sold on the premises.

(Code 1952, § 9230.242; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1700, § 4, 11-21-83; Ord. No. NS-1708, § 6, 12-19-83; Ord. No. NS-1732, § 35, 6-25-84)

No structure shall exceed thirty-five (35) feet in height.

(Code 1952, § 9230.243; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 11, 12-4-61)

Editor's note— Section 41-415, relative to minimum area for property classified C4, was repealed by Ord. No. NS-1732, § 36, enacted June 25, 1984. Said section was derived from Code 1952, § 9230.244, and Ord. No. NS-455, § 1, adopted June 20, 1960.

Yard, building setback, landscaping, lot size, and lot frontage requirements in the C4 district are the same as those prescribed for the C1 district by sections 41-368, 41-369, 41-370, 41-372, and 41-373.

(Code 1952, § 9230.245; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 8, 1-7-85; Ord. No. NS-1860, § 6, 9-15-86)

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.246; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3044, § 17, 6-20-23)

In addition to the provisions of this chapter for commercial uses, service stations and automobile servicing are subject to the requirements of 41-374, and automobile repair is subject to the requirements of 41-385.

(Ord. No. NS-2118, § 10, 3-18-91)

(a)

C5 (arterial commercial) districts are specifically subject to the regulations contained in this division.

(b)

No building permit shall be issued for the construction or enlargement of any building or structure in the C5 district until a site plan has been submitted to the zoning administrator pursuant to section 41-430 and approved by him as conforming to the requirements of this division.

(c)

After approval of a site plan for a lot in the C5 district pursuant to section 41-430, no person shall cause such lot to be developed or maintained in nonconformity with such approved site plan or any approved revision thereof.

(d)

Separately owned units of real property may be deemed a single lot for purposes of this division ff they are subject to conditions, covenants and restrictions and reciprocal easements of access which provide for unified responsibility for vehicle access and parking, landscaping, and signage.

(e)

Two-family dwellings permitted in the C5 district shall not be subject to the operational and design regulations set forth in sections 41-425 through 41-429. Such dwellings shall be subject to the standards set forth for such uses in the R2 (multiple-family residence) district.

(Ord. No. NS-1640, § 1, 7-19-82; Ord. No. NS-2629, § 2, 6-2-03)

The following uses are permitted in the C5 district:

(a)

Professional, business, and administrative offices.

(b)

Retail and service uses.

(c)

Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used.

(d)

Churches, chapels, mortuaries, and theaters.

(e)

Government buildings.

(f)

Restaurants and cafes, other than those specified in Section 41-424.5.

(g)

Schools and studios operated for commercial or public purposes.

(h)

Daycare centers.

(i)

The printing, publishing, and circulation of a newspaper, including plant and office.

(j)

Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street.

(k)

Gymnasiums and health clubs.

(l)

Medical offices.

(Ord. No. NS-1640, § 2, 7-19-82; Ord. No. NS-1732, § 37, 6-25-84; Ord. No. NS-2446, § 19, 9-18-00; Ord. No. NS-2513, § 10, 9-3-02; Ord. No. NS-2629, § 2, 6-2-03; Ord. No. NS-2819, § 2, 5-16-11; Ord. No. NS-2977, § 6, 10-15-19; Ord. No. NS-3035, § 11, 12-20-22; Ord. No. NS-3038, § 23, 2-7-23)

The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit:

(a)

Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses.

(b)

Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses.

(c)

Hospitals.

(d)

Public utility structures, including electric distribution and transmission substations.

(e)

Eating establishments with drive-through or walk-up window service.

(f)

Service stations and automobile servicing.

(g)

Car wash establishments, provided they are wholly enclosed.

(h)

Laundries.

(i)

Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.

(j)

Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

(k)

Laundromats, subject to the development and performance standards set forth in Section 41-199.

(l)

Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(m)

Banquet facilities, subject to development and operational standards set forth in Section 41-199.1.

(n)

Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1.

(o)

Adult day care facilities.

(p)

Superstores.

(q)

Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter.

(Ord. No. NS-1732, § 38, 6-25-84; Ord. No. NS-1939, § 6, 1-4-88; Ord. No. NS-2103, § 2, 12-17-90; Ord. No. NS-2176, § 3, 9-21-92; Ord. No. NS-2213, § 3, 1-18-94; Ord. No. NS-2245, § 4, 3-6-95; Ord. No. NS-2276, § 4, 12-18-95; Ord. No. NS-2445, § 10, 9-18-00; Ord. No. NS-2446, § 20, 9-18-00; Ord. No. NS-2734, § 6, 2-5-07; Ord. No. NS-3038, § 24, 2-7-23; Ord. No. NS-3084, § 21, 9-16-25)

(a)

All business activities shall be conducted or located within an enclosed building, except as otherwise provided in section 41-195.

(b)

Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business.

(Ord. No. NS-1640, § 3, 7-19-82; Ord. No. NS-1708, § 7, 12-19-83)

Where property within this district is to be used for professional or commercial purposes and has a lot line in common with any lot in a residential district there shall be erected a solid masonry wall not less than six (6) feet high along all such common lines. Where a wall of such height is prohibited by this chapter or any other ordinance the wall shall be the maximum allowable height. Further, where an alley separates the property in this district from property in a residential district said block wall shall be erected along the property line abutting the alley except at points of ingress/egress to the parking area.

(Ord. No. NS-1640, § 4, 7-19-82)

Yard, building setback, landscaping, lot size and lot frontage requirements in the C5 district are the same as those prescribed for the C1 district by sections 41-368, 41-369, 41-370, 41-372, and 41-373.

(Ord. No. NS-1640, § 5, 7-19-82; Ord. No. NS-1860, § 7, 9-15-86)

(a)

There shall be no more than one (1) vehicle entryway and one (1) vehicle exit way for each one hundred fifty (150) feet of street frontage of the lot. No such entryway or exit way shall be located within one hundred fifty (150) feet of any street intersection corner radius.

(b)

The design of vehicle accessways, driveways, and parking areas shall be safe and practical.

(Ord. No. NS-1640, § 6, 7-19-82)

Editor's note— Ord. No. NS-1721, § 5, enacted April 2, 1984, repealed § 41-429, pertaining to sign regulations in the C5 district. Said section was derived from Ord. No. NS-1640, § 7, adopted July 19, 1982.

Editor's note— Section 41-430, relative to site plan review, was repealed by Ord. No. NS-1700, § 3, enacted Nov. 21, 1983. Said section was derived from Ord. No. NS-1640, § 8, adopted July 19, 1982.

In addition to the provisions of this chapter for commercial uses, service stations and automobile servicing are subject to the requirements of section 41-374.

(Ord. No. NS-2118, § 11, 3-18-91)

CR (commercial residential) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.270; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-850, § 1, 6-20-66)

This district is intended to provide areas located adjacent to certain high capacity arterial streets and highways for planned developments integrating commercial and residential land uses. Site development standards and principles are designed to encourage greater convenience, efficiency, excellence of design, and visual appeal than is possible through usual strip development.

The following site planning principles, in accordance with community development policy, shall be incorporated in all developments approved for this district:

(a)

Uses shall be buffered from one another, in order to avoid nuisances.

(b)

Internal circulation shall separate different kinds of vehicular and pedestrian traffic and shall involve the least possible dissection of the site.

(c)

Access to and from the adjacent high capacity arterial streets and highways shall be limited, in order to insure efficient and safe vehicular circulation.

(d)

Adequate open spaces and landscaping shall be provided for all uses and shall be integrated with buildings and parking areas.

(e)

Buildings shall be located to create a variety of open spaces and to eliminate corridor or barrackslike effects.

(f)

A well-planned system of walks shall be developed for convenient access between dwelling units and to commercial or other uses developed on the site.

(g)

Walks, parking, and open spaces shall be provided with adequate lighting for safe and convenient night-time use.

(h)

Vehicular and pedestrian circulation routes shall have varied alignments and vistas.

(i)

Uncovered parking areas shall be distributed throughout the site in order to avoid monotonous stretches of parked cars or surface paving.

The above principles apply to the placement, shape, and interrelationship of buildings, spaces, and other site elements, and shall not be misconstrued to interfere with the architectural style or motifs of individual buildings.

(Code 1952, § 9320.271; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-850, § 1, 6-20-66)

Editor's note— Ord. No. NS-1700, § 3, adopted Nov. 21, 1983, repealed § 41-441, relative to submission of development plans, derived from Code 1952, § 9230.272; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-850, § 1. adopted June 20, 1966.

The following uses are permitted in the CR district:

(a)

Retail and service uses.

(b)

Professional offices.

(c)

One-family, two-family, and multiple-family dwellings.

(d)

Resident managers' offices devoted solely to the rental of dwelling units on the site, provided that said office and surrounding grounds shall retain a residential character if located within residential areas.

(e)

Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter.

(Code 1952, § 9230.273; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-850, § 1, 6-20-66; Ord. No. NS-1036, § 6, 9-8-70; Ord. No. NS-1123, § 6, 7-17-72; Ord. No. NS-1230, § 6, 2-18-75; Ord. No. NS-1507, § 6, 11-19-79; Ord. No. NS-1532, § 10, 6-16-80; Ord. No. NS-1540, § 8, 9-2-80; Ord. No. NS-1732, § 39, 6-25-84; Ord. No. NS-2373, § 6, 12-7-98)

The following uses may be permitted in the CR district subject to the issuance of a conditional use permit:

(a)

Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses.

(b)

Service stations, provided they are integrated into a larger development site and accessible only by limited access ways serving the larger site as a whole.

(c)

Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.

(d)

Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

(e)

Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(f)

Banquet facilities, subject to development and operational standards set forth in Section 41-199.1.

(g)

Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1.

(Ord. No. NS-1732, § 40, 6-25-84; Ord. No. NS-1992, § 1, 1-17-89; Ord. No. NS-2213, § 4, 1-18-94; Ord. No. NS-2276, § 5, 12-18-95; Ord. No. NS-2445, § 11, 9-18-00; Ord. No. NS-3084, § 22, 9-16-25)

(a)

Sites developed for exclusively commercial or professional use or exclusively residential use shall meet the following minimum site standards:

(1)

Minimum area: The minimum site area shall be three (3) acres.

(2)

Minimum dimensions:

(i)

The minimum site depth shall be three hundred (300) feet, providing that for each one thousand (1,000) square feet of ground floor building area above twenty thousand (20,000) square feet, there shall be provided an additional one (1) foot in depth.

(ii)

The minimum site width shall be no less than one-half (½) of the site depth.

(b)

Sites developed for mixed residential and commercial or professional uses shall meet the following minimum site standards:

(1)

Minimum area: The minimum site area shall be five (5) acres.

(2)

Minimum depth: The minimum site depth, measured at right angles from any arterial street or highway from which there will be primary vehicular access to the property, shall be six hundred (600) feet.

(3)

Minimum width: The minimum site width shall be three hundred (300) feet.

(Code 1952, § 9230.274; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-850, § 1, 6-20-66)

(a)

Minimum gross floor area. Dwelling units shall have the following minimum gross floor areas per unit, exclusive of garages, carports, balconies, patios, or open porches:

(1)

Bachelor apartment: Three hundred (300) square feet.

(2)

One-bedroom apartment: Five hundred (500) square feet.

(3)

Two (2) or more bedroom apartment: Seven hundred fifty (750) square feet.

(b)

Maximum building height. The maximum height of any building or structure used for any purpose permitted in this district shall be equivalent to one-third (⅓) the distance from any point on the building or structure perimeter at ground level to the nearest point of any land zoned for exclusively residential purposes.

(c)

Buffers.

(1)

At any point where a site area used for residential uses abuts land on or off the site used or zoned for commercial uses or vehicular ways or parking areas related to commercial uses, there shall be provided either a solid barrier six (6) feet in height of decorative noncombustible material or permanently maintained hedge, or an open space twenty-five (25) feet in width which shall not be used in the calculation of other required open spaces, yards or setbacks.

(2)

Buildings combining residential and commercial uses may be permitted if the design assures the privacy, amenities, and protection against nuisances provided for residential use buildings under the provisions of this district.

(d)

Setback and yard requirements.

(1)

Where a building site abuts any public right-of-way there shall be provided an open, landscaped setback at least ten (10) feet in depth, measured at right angles to the right-of-way line and extending the full length of such abutment. Where such a required yard abuts building, vehicular accessway, or parking areas used solely for commercial purposes, fifty (50) per cent of the required yard may be substituted in required parking area landscaping, provided that no such required yard shall be less than five (5) feet in depth.

(2)

Buildings shall be provided with the following open yards, of which the depths are to be measured perpendicular to the building walls:

(i)

Any building wall containing a main entrance shall have a yard having a minimum depth of ten (10) feet plus two (2) feet for each additional feet for each additional story in height above the first, plus one (1) foot for each fifteen (15) feet in length.

(ii)

Any building wall which contains windows opening into any habitable room or place of work, but does not contain a main entrance, shall have a yard having a minimum depth of six (6) feet plus one (1) foot for each additional story in height above the first, plus one (1) foot for each fifteen (15) feet in length.

(iii)

Any building wall which does not contain main entrances or windows opening into any habitable room or place of work or which is part of an accessory building shall have a yard having a minimum depth of five (5) feet.

(3)

The depth of required yards may be reduced fifty (50) per cent for any single-story building used solely for commercial purposes, if an equivalent area contiguous with the building is substituted in pedestrian mall or arcade landscaped entirely with decorative materials and plants, provided that no such building shall be closer than ten (10) feet to another building and no pedestrian accessway shall be less than six (6) feet.

(e)

Minimum distances between buildings. The minimum distances between buildings shall be as follows:

(1)

The minimum distance between parallel walls of two (2) main buildings or between (2) parallel facing walls of the same building shall be the sum of the yard depth requirements of both walls.

(2)

For obliquely aligned buildings, the required distance between two (2) main buildings may be decreased a maximum of five (5) feet at one end if increased an equal distance at the other end provided that the minimum distance in no case shall be less than ten (10) feet.

(3)

The distance between two (2) parallel main buildings facing each other for only a portion of their lengths may be reduced if the extent of their overlap does not exceed twenty (20) per cent of the length of either facing wall. The minimum distance between said buildings shall be equal to the full yard depth requirement of the longer facing wall plus three-fourths (¾) of the yard depth requirement of only the overlapping portion of the shorter facing wall.

(4)

Any pedestrian accessory shall have a minimum width of six (6) feet.

(5)

The requirements of (1) through (4) above shall apply whether the required spaces are open to the sky or covered.

(6)

Balconies and exterior stairways shall not project more than fifty (50) per cent of the depth of any required yard or setback.

(f)

Open space and recreational-leisure areas. There shall be provided a minimum of:

(1)

Three hundred fifty (350) square feet of usable recreational-leisure space for each dwelling unit. Portions of spaces required under the yard and minimum distance provisions of this section may be included in the calculation of recreational-leisure space to the extent that they are integrated with and usable as part of a larger recreational-leisure area.

(2)

Where private outdoor living areas are provided, the minimum recreational-leisure space requirement shall be reduced to three hundred (300) square feet per dwelling unit.

(i)

Minimum dimensions of such private outdoor living areas shall be as follows:

(.1)

When provided for ground floor or studio-type units, such areas shall have a minimum of two hundred (200) square feet, the least dimension of which shall be ten (10) feet.

(.2)

When provided for dwelling units wholly above the ground floor, such areas shall be provided as accessible balconies or decks, and shall have a minimum area of fifty (50) square feet, the least dimension of which shall be five (5) feet.

(ii)

Remaining required space not provided in private outdoor living areas shall be provided in common recreational-leisure areas.

(3)

Common recreational-leisure areas, which shall be conveniently located and readily accessible from all dwelling units located on the building site, may extend into the required yards, but shall be screened from adjacent arterial streets and highways, and may include swimming pools, putting greens, court game facilities, and any other recreational-leisure facilities necessary to meet the requirements of residents and their guests. Common recreational-leisure areas, with the exception of pedestrian accessways and paved recreational facilities, shall be landscaped with lawn, trees, shrubs, or other plant materials and shall be permanently maintained in a neat and orderly manner as a condition to use. Fountains, sculpture, planters and decorative screen-type walls, where an integral part of a landscaping scheme comprised primarily of plant materials, are permitted. Required recreational-leisure space shall in no case be used for parking automobiles or for commercial agriculture.

(4)

Fifty (50) per cent of required common recreational-leisure space for residential units may be included in the calculation of required yards and setbacks for commercial uses developed on the same site, providing the resulting spaces shall be part of an integrated whole contiguous with and convenient to the residential buildings served, shall be developed solely with plant and decorative materials, and shall not serve as primary commercial pedestrian routes or otherwise made unavailable for leisure purposes.

(g)

Coverage. The maximum coverage by main residential buildings and accessory residential buildings shall not exceed fifty (50) per cent of the residential site area. If the site is in residential use only, the residential site area is the total site minus the area of all vehicular rights-of-way and of all accessways which exceed one hundred (100) feet in length. If the site is also in use for commercial purposes, demarcation of residential site areas shall be shown on submitted plans for the purpose of calculating coverage, and any open spaces, setbacks, parking areas, and vehicular ways used to satisfy development requirements for commercial uses shall not be included in calculating the coverage of residential buildings. Recreation-leisure facilities shall not be counted as covered areas.

(h)

Off-street parking requirements.

(1)

Refer to section 41-617 for parking requirements for this district.

(2)

Parking facilities for residential units shall be completely separated from parking facilities and main internal circulatory routes used for commercial or professional uses. The site design shall discourage users of one use area from parking their cars in spaces serving other use areas. Each space for residential use shall be located within one hundred fifty (150) feet of the principal entrance to the building in which the dwelling unit served is located.

(3)

Spaces provided for residential guest parking shall be conveniently distributed in separate groupings having a maximum of five (5) spaces each.

(4)

All points of vehicular access to and from off-street parking areas and driveways onto public rights-of-way shall be approved by the director of public works. Wherever a private driveway enters onto said public right-of-way, a stop sign shall be erected and maintained at such exit point to insure reasonable traffic safety in compliance with the standard sign sheet on file in the office of the department of public works.

(i)

Landscaping.

(1)

All required setback areas, required open spaces around the perimeter of buildings, and the required parking landscaped areas, unless otherwise specified in the provisions of this district, shall be landscaped and maintained according to approved plans. Required setback areas abutting properties zoned for exclusively residential purposes shall be planted with one (1) tree to be provided for each fifteen (15) linear feet of abutment.

(2)

Landscaping shall consist of lawn, trees, shrubs, or other plant materials, and may include the following decorative elements where an integral part of a landscape scheme is comprised primarily of plant materials:

(i)

Fountains, ponds, sculptures and planters.

(ii)

Screen-type masonry walls forty-two (42) inches in height.

(iii)

Wrought iron or other types of open work metal fences, exclusive of chain link, provided that the component solid portions of a fence do not constitute more than twenty (20) per cent of the total surface area of its face. Such fences shall have a maximum of six (6) feet.

(3)

Two (2) per cent of the gross uncovered parking area for all uses shall be landscaped.

(4)

Vehicular parking may not be located within any required landscaped area.

(5)

Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council.

(6)

Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development.

(7)

Procedures for the approval and amendment of landscaping plans shall be established by the planning division.

(8)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(9)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(j)

Subdivision of property developed under the CR district. Upon completion of a development of property in the CR district, no portion of the property involved in said development shall be severed or sold unless said severed parcel and the development thereon complies with all provisions set forth for the CR district. Further, the remaining parcel and development thereon shall also comply with said CR district provisions. Nothing herein shall prohibit the sale of any dwelling or commercial units provided all common areas, required yard areas, common recreational areas, and similar areas required under the provisions of the CR district are retained in trust or otherwise for the benefit of all tenants and owners of any interest of any of the structures on the original area developed as a unit. Further, prior to the issuance of a building permit or approval of the development plans as set forth in section 41-441, deed restrictions prohibiting the alienation of all land areas not devoted to buildings shall be recorded in the office of the county recorder of the County of Orange, State of California. Said restrictions shall include a statement that said deed restrictions shall be irrevocable for a period of not less than thirty (30) years. A copy of said deed restrictions shall be filed with the planning department prior to the issuance of a building permit to the owner of the original project.

(k)

Dedication for public right-of-way. If a parcel zoned CR is to be developed in accordance with the provisions set forth for this district and said parcel abuts a street not improved to city standards, the owner shall dedicate the necessary street easement to the city and improve said street so as to be in accordance with the design standards and specifications of this Code of Ordinances prior to the issuance of utility release by the building department.

(l)

Trash collection areas. All trash and garbage collection areas shall be enclosed on at least three (3) sides by a five-foot block wall with adequate access to and from these areas for collection vehicles.

(Code 1952, § 9230.275; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-850, § 1, 6-20-66; Ord. No. NS-1721, § 2, 4-2-84; Ord. No. NS-2801, § 9, 12-23-09)

All retail and business uses in the CR district shall be conducted and located within an enclosed building, except as otherwise provided in section 41-195.

(Ord. No. NS-2114, § 3, 3-4-91)

M1 (light industrial) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.280; Ord. No. NS-455, § 1, 6-20-60)

The following uses are permitted in the M1 district:

(a)

The compounding, processing, or treatment of raw or previously treated materials into a finished or semi-finished product, excluding those uses specified in section 41-489.5.

(b)

The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5.

(c)

The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5.

(d)

The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5.

(e)

Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment.

(f)

Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure.

(g)

Machine shop or other metal working shops.

(h)

Warehousing.

(i)

Impound yards (storage only) with no office or dispatching operations.

(j)

Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises.

(k)

Eating establishments not specified in section 41-472.5.

(l)

Research laboratories that do not generate hazardous waste materials.

(m)

Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non-automotive related product sales.

(n)

Truck, boat and heavy equipment sales, rental, and service.

(o)

Movie, photography, musical or video production studios.

(p)

Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity.

(q)

Public utility structures.

(r)

Blueprinting, photoengraving, screen printing and other reproduction processes.

(s)

Wholesale nursery and plant storage.

(t)

Contractor's yard.

(u)

Automotive repair and service, including body and fender repair, painting, and engine replacement.

(v)

Home improvement warehouse store.

(w)

Sales of industrial products, supplies and equipment used for final product manufacture.

(x)

Lumberyard, including mill and sash work if conducted entirely within an enclosed building.

(y)

Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including:

(1)

Small collection facilities.

(2)

Large collection facilities.

(z)

Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter.

(aa)

Storage and distribution of hazardous materials.

(bb)

Passenger transportation services.

(cc)

Retail uses located on properties that front an arterial street, as defined in the city's circulation element.

(Code 1952, § 9230.281; Ord. No. NS-455, § 1, 6-20-60; Ord, No. NS-976, § 1, 8-18-69; Ord. No. NS-996, § 1, 12-15-69; Ord. No. NS-1035, § 5, 9-8-70; Ord. No. NS-1036, § 7, 9-8-70; Ord. No. NS-1080, § 3, 5-17-71; Ord. No. NS-1123, § 7, 7-17-72; Ord. No. NS-1275, § 2, 10-7-74; Ord. No. NS-1352, § 2, 4-4-77; Ord. No. NS-1507, § 7, 11-19-79; Ord. No. NS-1732, § 41, 6-25-84; Ord. No. NS-1748, § 1, 10-1-84; Ord. No. NS-1834, § 1, 2-3-86; Ord. No. NS-1934, § 1, 11-16-87; Ord. No. NS-2275, § 8, 12-18-95; Ord. No. NS-2306, § 1, 12-2-96; Ord. No. NS-2333, § 1, 10-6-97; Ord. No. NS-2373, § 7, 12-7-98; Ord. No. NS-2443, § 2, 9-18-00; Ord. No. NS-2470, § 5, 5-21-01; Ord. No. NS-2494, § 8, 4-15-02; Ord. No. NS-3004, § 4, 5-4-21; Ord. No. NS-3007, § 3, 7-6-21; Ord. No. NS-3038, § 25, 2-7-23)

The following uses are permitted when ancillary to any use permitted by section 41-472 or to any use permitted subject to a conditional use permit:

(1)

Administrative office use occupying up to thirty (30) per cent of the gross floor area;

(2)

Product sales or service uses occupying up to five (5) per cent of the gross floor area;

(3)

Daycare centers occupying up to thirty (30) per cent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) per cent of the gross floor area.

(4)

The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above-ground fixed storage tanks when properly screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons.

(5)

Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) per cent.

(Ord. No. NS-2275, § 9, 12-18-95; Ord. No. NS-2446, § 21, 9-18-00; Ord. No. NS-2442, § 3, 9-18-00; Ord. No. NS-2494, § 9, 4-15-02; Ord. No. NS-3038, § 26, 2-7-23)

The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit:

(a)

Principal industrial uses if occupying less than seventy (70) per cent of the gross floor area with the remainder of the floor area allocated to office use only, except as permitted in Section 41-472 (cc).

(b)

Storage of new or used buildings or houses.

(c)

Daycare centers other than as permitted by section 41-472.1.

(d)

Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops.

(e)

Kennels for the temporary care and lodging of dogs and other domesticated household animals.

(f)

Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use.

(g)

Eating establishments with drive-through window service.

(h)

Petroleum and gas storage.

(i)

Freight, bus and truck terminal.

(j)

Industrial medical clinics which offer medical services by referral only and do not offer overnight stays.

(k)

Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) per cent of the gross floor area.

(l)

Light processing facilities and heavy processing facilities.

(m)

Car wash facility.

(n)

Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1.

(o)

Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection.

(p)

Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection.

(q)

Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection.

(r)

Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection.

(s)

Indoor sport facility, subject to development and operational standards set forth in section 41-482.

(Ord. No. NS-1732, § 42, 6-25-84; Ord. No. NS-1834, § 2, 2-3-86; Ord. No. NS-1934, § 2, 11-16-87; Ord. No. NS-1979, § 1, 11-15-88; Ord. No. NS-2122, § 3, 4-15-91; Ord. No. NS-2275, § 10, 12-18-95; Ord. No. NS-2306, § 2, 12-2-96; Ord. No. NS-2316, § 1, 3-17-97; Ord. No. NS-2445, § 12, 9-18-00; Ord. No. NS-2446, § 22, 9-18-00; Ord. No. NS-2470, § 6, 5-21-01; Ord. No. NS-2494, § 10, 4-15-02; Ord. No. NS-2776, § 5, 9-2-08; Ord. No. NS-3004, § 5, 5-4-21; Ord. No. NS-3007, § 4, 7-6-21; Ord. No. NS-3038, § 27, 2-7-23)

(a)

Any activity permitted in this district shall be conducted in such a manner as not to have a detrimental effect on permitted adjacent uses by reason of refuse matter, noise, light, vibration, or lack of proper maintenance of grounds or buildings.

(b)

Outdoor storage of materials, products, equipment or vehicles, shall be screened by a solid fence or wall not less than eight (8) feet in height. Materials, products or equipment stored outdoors shall not be piled higher than the height of the fence or wall, nor encroach into required parking and landscape areas.

(c)

A solid wall or fence not less than eight (8) feet in height is required along any rear or side lot line abutting property which is either used, zoned, or designated on the General Plan for residential purposes.

(d)

Public utility electric distribution and transmission substations shall be enclosed within a solid wall or fence not less than eight (8) feet in height.

(e)

All major compounding, processing, packaging or assembly of articles of merchandise, treatment of products and vehicle maintenance and repair, shall be conducted within a completely enclosed building. In addition, service bays for ancillary vehicle maintenance and repair shall be completely screened from view from the public street.

(f)

All property shall be maintained in a safe, sanitary and attractive condition, including but not limited to structures, landscaping, parking area, walkways, and trash enclosures.

(g)

Loading areas shall not be visible from arterial streets or from streets adjacent to front yards. Loading areas facing other streets shall be screened with decorative walls of a material compatible with the building design and by bermed landscaping abutting such walls. Loading areas not facing a street shall be setback at least thirty-five (35) feet from the property line.

(h)

Railroad tracks are not allowed on any street side of a building. If railroad tracks and loading docks are located other than at the rear of a building area, the tracks and the loading dock shall be completely screened from view from any street.

(Code 1952, § 9230.282; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-635, § 8, 3-4-63; Ord. No. NS-1080, § 3, 5-17-71; Ord. No. NS-1708, § 8, 12-19-83; Ord. No. NS-1834, § 3, 2-3-86; Ord. No. NS-2275, § 11, 12-18-95; Ord. No. NS-2470, § 7, 5-21-01)

No structure shall exceed thirty-five (35) feet in height.

(Code 1952, § 9230.283; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 13, 12-4-61)

(a)

A yard is required along any lot line which abuts a public street which, except as provided in section 41-476 or section 41-476.5, shall be of an area not less than the length of such lot line in feet multiplied by:

(i)

Twenty (20) feet, if the street is designated in the general plan of the city as an arterial street; or

(ii)

Ten (10) feet, if the street is not so designated as an arterial street.

(b)

The yard required by paragraph (a) shall include a strip immediately adjacent to the street and shall be of a width not less than:

(i)

Ten (10) feet, if the street is designated in the general plan of the city as an arterial street; or

(ii)

Five (5) feet, if the street is not so designated as an arterial street.

(c)

The area of any one (1) vehicular driveway shall be considered part of the area of any yard required by paragraph (a) to the extent that:

(i)

The driveway is approximately perpendicular to the street; and

(ii)

The driveway does not exceed thirty (30) feet in width.

(d)

Except as provided in paragraph (c), any yard required by this section shall be landscaped. Signs are permitted in such yards provided they are in compliance with the Sign Ordinance of the City of Santa Ana.

(Code 1952, § 9230.284; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1301, § 1, 4-5-76; Ord. No. NS-2275, § 12, 12-18-95)

The minimum area requirement imposed on any lot by paragraph (a) of section 41-475 shall be reduced by one-half (½) if seventy-five (75) per cent of the lineal frontage of the side of the street on which the lot is located, measured to the next intersecting cross streets in each direction, has been developed in nonconformity with such requirements. Yard requirements shall be determined separately with respect to each street upon which the lot abuts.

(Code 1952, § 9230.285; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1301, § 2, 4-5-76)

Existing yard areas which exceed those required by paragraph (a) of section 41-475 shall be preserved if seventy-five (75) per cent of the lineal frontage of the side of the street on which the lot is located, measured to the next intersecting cross streets in each direction, has been developed in excess of such requirements. Yard requirements shall be determined separately with respect to each street upon which the lot abuts.

(Ord. No. NS-2275, § 13, 12-18-95)

Front yard:

(a)

One (1) 24-inch box canopy tree shall be provided for each twenty-five (25) linear feet of front yard (exclusive of driveways). Such trees may be placed in clusters.

(b)

Six (6) five-gallon size shrubs shall be provided per twenty-five (25) linear feet of front yard (exclusive of driveways). As an alternative, the use of three (3) five-gallon size shrubs and ten (10) one-gallon shrubs is acceptable provided the plant material adds color and variety to the design.

(c)

The front yard shall be planted in turf or acceptable dry climate ground cover. A ground cover is required in shrub areas and as accents in small pockets. Redwood header boards or similar barriers shall be placed between turf and other plant materials.

(d)

Berms in the front yard having more than a 4:1 slope shall be planted in ground cover. Turf is not acceptable.

(e)

When parkway trees are required by the city, they shall be integrated with the onsite landscape plan to ensure proper spacing and species selection.

(f)

A minimum five-foot wide landscape strip shall be planted and maintained where the off-street parking area abuts any public street, except at approved driveways.

Parking area:

(g)

In parking areas available to parking by the general public, a landscape planter shall be provided for every ten (10) parking spaces. Each planter shall have minimum dimensions of six (6) feet in width and eighteen (18) feet in length including concrete curbing. Each planter shall be bordered on two (2) sides minimum by parking area. The planter strips shall run parallel to the parking spaces and be consistently spaced throughout the parking area. Each planter shall require one (1) 15-gallon size tree, five (5) five-gallon shrubs plus ground cover.

(h)

In lots that are solely used by employees of the company, a landscape planter shall be provided for every five (5) consecutive parking spaces. Each planter shall have minimal dimension of four (4) feet by four (4) feet, including concrete curb. Each planter shall require one (1) 15-gallon size tree and a suitable ground cover or low growing shrubs. These planters may be located between parking spaces so as to maximize the amount of available space for parking. Planters may also be consistent with general parking landscape requirements. Each parking area shall be enclosed by perimeter planters abutting the lot or parking spaces, except for the driveways.

(i)

The choice of plant material shall be trees and/or shrubs, with a ground cover in keeping with the size and limitations of the area. Ground covers alone are not acceptable. A minimum of one (1) 15-gallon tree shall be provided for each ten (10) parking spaces, or portion thereof.

(j)

Parking areas shall be designed so that parked vehicles shall not encroach into landscape areas.

Buffer:

(k)

A landscaped planter of a width not less than ten (10) feet is required along any interior lot line to the extent such lot line abuts any property which is neither zoned for industrial uses, nor indicated on the general plan of the city as planned for industrial purposes.

General:

(l)

A plant list shall be shown on the required plot plan to obtain a building permit for the building for which the parking area is provided. The list shall include the botanical and common names of the plant to be used, the sizes to be planted, and the quantity of each. The plants shall be listed alphabetically and assigned key numbers to be used in locating the plants on the plan.

(m)

All required yards shall be landscaped and maintained at all times.

(n)

Redwood chips, decorative stone and other inorganic materials are not acceptable substitutes for ground cover or turf.

(o)

All trees in parking areas shall be placed in root barriers.

(p)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(q)

The landscaping shall be contained in planting areas that are enclosed by minimum six-inch high concrete curbs.

(r)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(s)

Compliance with all provisions of this section shall be required except for minor modifications approved by the planning division.

(t)

All appurtenances, such as transformers, backflow preventers, trash enclosures, signage, meters, and lights, shall be shown on landscape plans and screened with plant materials.

(Code 1952, § 9230.286; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1301, § 3, 4-5-76; Ord. No. NS-2275, § 14, 12-18-95; Ord. No. NS-2801, § 10, 12-23-09)

Off-street parking shall be provided in the manner prescribed in Article XV of this chapter.

(Code 1952, § 9230.287; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1301, § 4, 4-5-76; Ord. No. NS-2176, § 4, 9-21-92; Ord. No. NS-2275, § 15, 12-18-95; Ord. No. 2404, § 1, 9-20-99; Ord. No. NS-3044, § 18, 6-20-23)

Permanent quarters for a guard, custodian, or caretaker are permitted in the M1 district when incidental to a permitted primary use, subject to the following requirements:

(1)

Such quarters shall maintain the setback requirements set forth in sections 41-475, 41-476 and 41-477.

(2)

There shall be no more than one (1) such quarters on any one (1) lot.

(3)

The maximum floor area shall be limited to seven hundred fifty (750) square feet.

(4)

The floor area design shall be limited to one (1) bedroom, a kitchen, a living room and a bathroom.

(5)

The quarters shall be architecturally compatible with the structures used for the primary use on the lot.

(6)

Two (2) parking spaces shall be provided for the quarters, in addition to other required off-street parking on the lot.

Such parking spaces shall be located immediately adjacent to the quarters and reserved for the exclusive use thereof.

(Ord. No. NS-1936, § 1, 11-16-87)

In addition to the provisions of this chapter for commercial uses, service stations and automobile servicing are subject to the requirements of 41-374, and automobile repair is subject to the requirements of 41-385.

(Ord. No. NS-2118, § 12, 3-18-91)

Each lot within the M1 district shall have at least twelve thousand (12,000) square feet of area and one hundred (100) feet of street frontage.

(Ord. No. NS-2275, § 16, 12-18-95)

In addition to the provisions of this chapter, indoor sport facilities shall comply with the following development and operational standards:

(a)

All business activities shall by conducted and located within an enclosed structure.

(b)

Any outdoor storage of equipment or materials shall be fully screened by a decorative masonry block wall.

(c)

No indoor sport facility shall operate before 7:00 a.m. or after 10:00 p.m. on any day of the week.

(d)

Ancillary uses including: meeting rooms, snack bars and equipment rental or sales are permitted within an indoor sport facility provided that their gross floor area of the ancillary use does not exceed twenty (20) per cent of the total building area.

(e)

Ancillary uses shall operate in conjunction with the primary recreation use, and shall maintain the same or fewer hours of operation.

(Ord. No. NS-2776, § 6, 9-2-08)

Editor's note— Ord. No. NS-2275, § 17, adopted Dec. 18, 1995, repealed § 41-488, which pertained to applicability of the division and derived from Code 1952, § 9230.300, and Ord. No. NS-455, § 1, adopted June 20, 1960.

Property which is located in the M2 (Heavy Industrial) use district is subject to all the regulations applicable to property in the M1 district pursuant to Division 18 of this article.

(Ord. No. NS-1732, § 43, 6-25-84; Ord. No. NS-1936, § 2, 11-16-87; Ord. No. NS-1979, § 2, 11-15-88; Ord. No. NS-2114, § 4, 3-4-91; Ord. No. NS-2275, § 18, 12-18-95)

In addition to uses permitted subject to the issuance of a conditional use permit pursuant to sections 41-489 and 41-472.5, the following uses may be permitted in the M2 district subject to the issuance of a conditional use permit:

a.

Acid manufacturing.

b.

Junkyards, automobile wrecking yards and salvage yards, and impound yards.

c.

Cement, lime, gypsum or plaster of paris manufacture.

d.

Fertilizer manufacture.

e.

Gas or acetylene manufacture.

f.

Glue manufacture.

g.

Smelting of tin, copper, zinc or iron ores.

h.

Sites for the transfer, disposal or dumping of rubbish, garbage, trash, or refuse.

i.

Any facility where payment is offered for blood or plasma donations.

j.

Crematories.

k.

Hazardous waste treatment facilities.

l.

Recycling facilities in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253.

(Ord. No. NS-1732, § 44, 6-25-84; Ord. No. NS-2275, § 19, 12-18-95; Ord. No. NS-2333, § 2, 10-6-97; Ord. No. NS-2443, § 3, 9-18-00; Ord. No. NS-2646, § 3, 3-15-04; Ord. No. NS-2931, § 9, 11-21-17)

Editor's note— Ord. No. NS-2275, § 20, adopted Dec. 18, 1995, repealed § 41-490, which pertained to operational standards and derived from Code 1952, § 9230.302, and Ord. No. NS-455, § 1, adopted June 20, 1960.

Editor's note— Ord. No. NS-2275, § 20, adopted Dec. 18, 1995, repealed § 41-491, which pertained to building height and derived from Code 1952, § 9230.303; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-553, § 14, adopted Dec. 4, 1961.

Editor's note— Ord. No. NS-2275, § 20, adopted Dec. 18, 1995, repealed § 41-492, which pertained to yard and landscape requirements and derived from Code 1952, § 9230.304; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-1301, § 5, adopted April 5, 1976.

Editor's note— Ord. No. NS-2275, § 20, adopted Dec. 18, 1995, repealed § 41-493, which pertained to off-street parking and derived from Code 1952, § 9230.305; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-1301, § 6, adopted April 5, 1976.

Editor's note— Ord. No. NS-2275, § 20, adopted Dec. 18, 1995, repealed § 41-494, which pertained to service stations, automobile servicing, and automobile repair in the M2 district, and derived from Ord. No. NS-2118, § 13, adopted March 18, 1991.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-504, which pertained to applicability of regulations in the LM district and derived from Code 1952, § 9230.320; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-782, § 1, adopted Feb. 15, 1965.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-505, which pertained to the purpose of the LM district and derived from Code 1952, § 9230.320; Ord. No. NS-455, § 1, adopted June 20, 1960; Ord. No. NS-782, § 1, adopted Feb. 15, 1965; and Ord. No. NS-1970, § 1, adopted Aug. 1, 1988.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-506, which pertained to the uses permitted in the LM district and derived from Code 1952, § 9230.322; Ord. No. NS-455, § 1, adopted June 20, 1960; Ord. No. NS-782, § 1, adopted Feb. 15, 1965; Ord. No. NS-1036, § 9, adopted Sept. 8, 1970; Ord. No. NS-1123, § 9, adopted July 17, 1972; Ord. No. NS-1507, § 9, adopted Nov. 19, 1979; Ord. No. NS-1732, § 45, adopted June 25, 1984; and Ord. No. NS-1970, § 2, adopted Aug. 1, 1988.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-507, which pertained to operational standards in the LM district and derived from Code 1952, § 9230.323; Ord. No. NS-455, § 1, adopted June 20, 1960; Ord. No. NS-782, § 1, adopted Feb. 15, 1965; Ord. No. NS-1721, § 3, adopted Apr. 2, 1984; and Ord. No. NS-1970, § 3, adopted Aug. 1, 1988.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-508, which pertained to building height in the LM district and derived from Code 1952, § 9230.324; Ord. No. NS-455, § 1, adopted June 20, 1960; Ord. No. NS-782, § 1, adopted Feb. 15, 1965; and Ord. No. NS-1970, § 4, adopted Aug. 1, 1988.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-509, which pertained to building site area in the LM district and derived from Ord. No. NS-553, § 15, adopted Dec. 4, 1961; Ord. No. NS-782, § 1, adopted Feb. 15, 1965; and Ord. No. NS-1970, § 5, adopted Aug. 1, 1988.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-510, which pertained to required yards in the LM district and derived from Code 1952, § 9230.326; Ord. No. NS-455, § 1, adopted June 20, 1960; Ord. No. NS-782, § 1, adopted Feb. 15, 1965; and Ord. No. NS-1970, § 6, adopted Aug. 1, 1988.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-511, which pertained to off-street parking in the LM district and derived from Code 1952, § 9230.327; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-782, § 1, adopted Feb. 15, 1965.

Editor's note— Ord. No. NS-2353, § 1, adopted June 1, 1998, repealed the former § 41-512, which pertained to landscaping in the LM district and derived from Ord. No. NS-1970, § 7, adopted Aug. 1, 1988.

C-SM (South Main Street commercial district) district is specifically subject to the regulations contained in this division.

(Ord. No. NS-2420, § 2, 4-3-00)

The following uses are permitted in the C-SM district:

(a)

Retail and service uses.

(b)

Professional, business, and administrative offices.

(c)

Public parking lots and parking structures.

(d)

Animal hospitals and veterinarians.

(e)

Gymnasiums, health clubs, and martial arts studios.

(f)

Public utility structures, including electric distribution and transmission substations.

(g)

Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities.

(h)

Schools and studios operated for commercial or public purposes.

(i)

Daycare centers.

(j)

Art galleries, museums and exhibit halls.

(k)

Plant nurseries.

(l)

Theaters.

(m)

Furniture stores.

(n)

Youth amusement rides ancillary to grocery, general merchandise and department retail store uses.

(o)

Medical offices.

(Ord. No. NS-2420, § 2, 4-3-00; Ord. No. NS-2487, § 7, 2-4-02; Ord. No. NS-3035, § 12, 12-20-22; Ord. No. NS-3038, § 28, 2-7-23)

The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit:

(a)

Clubs, lodges and fraternal organizations.

(b)

Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in Section 41-521 of this chapter.

(c)

Hotels, motels, fraternity houses, residential care facilities (seven (7) or more occupants), and sorority houses.

(d)

Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses.

(e)

Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.

(f)

Laundromats.

(g)

Banquet facilities, subject to development and operational standards set forth in Section 41-199.1 of this chapter.

(h)

Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1 of this chapter.

(i)

Automobile repair and automobile servicing.

(j)

Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.

(k)

Churches and accessory church buildings.

(l)

Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter.

(Ord. No. NS-2420, § 2, 4-3-00; Ord. No. NS-2445, § 7, 9-18-00; Ord. No. 2730, § 2, 12-18-06; Ord. No. NS-2931, § 10, 11-21-17; Ord. No. NS-2938, § 4, 2-20-18; Ord. No. NS-3033, § 5, 12-20-22; Ord. No. NS-3038, § 29, 2-7-23; Ord. No. NS-3084, § 23, 9-16-25)

(a)

All business activities in the C-SM district shall be conducted and located within an enclosed building, except as otherwise provided in section 41-195, and except that the following business activities, to the extent permitted under section 41-365 and section 41-365.5, may be conducted outside of an enclosed building:

(1)

Plant nurseries.

(2)

Recreational or entertainment uses.

(3)

Youth amusement rides.

(b)

No outside storage. Any and all storage of goods and supplies shall be located inside the building and limited to products sold at retail on the premises or utilized in the course of business within the building.

(c)

Public utility electric distribution and transmission substations shall be screened by a fence at least six (6) feet high, except as restricted by sections 36-45, 36-46, and 36-47 of this Code.

(d)

Youth amusement rides shall comply with the standards in section 41-366 for C1 districts.

(Ord. No. NS-2420, § 2, 4-3-00; Ord. No. NS-2487, § 8, 2-4-02)

Automobile servicing and automobile repair are subject to the following requirements:

(1)

No outdoor overnight vehicle storage is permitted except as permitted by section 41-1302.

(2)

No auto repair or auto body activity within three hundred (300) feet of property zoned or used for residential purposes shall be conducted before 7:00 a.m. or after 9:00 p.m. on any day of the week.

(3)

Driveway access on through lots shall not be allowed onto streets primarily servicing property zoned or used for residential purposes.

(4)

Building elevations containing service or repair bays shall not face toward a public street or toward residential property if the elevations are within three hundred (300) feet of property zoned or used for residential purposes.

(5)

A six (6) foot high minimum masonry block wall shall be provided along side and rear property lines not abutting public streets. For properties where at least one C-SM zoned parcel is combined with at least one R2-B zoned parcel, a six (6) foot high minimum masonry block wall shall not be required along the property line between the C-SM and R2-B zoned parcels. Walls or fences excluding chain-link shall not exceed forty-two (42) inches high within fifteen (15) feet of public streets. If the site abuts a commercial development, the planning manager may reduce or delete the wall requirement. Flowering vines should be planted at intervals along the wall to discourage graffiti.

(6)

Exterior building elevations facing public streets shall be a minimum of fifty (50) per cent of the storefront in clear glass.

(7)

Security fencing, if provided in addition to the perimeter masonry wall, shall be of a decorative design compatible with the masonry wall. All gates and fencing shall remain free of signs or other advertisements. Gates shall remain open during business hours and shall satisfy public works agency requirements for vehicular stacking.

(8)

Auto repair buildings shall be designed in consideration of the context of the site and area. The design shall complement and be compatible with the predominant architectural theme of the area or of the integrated development site if the auto repair facility is within such a development.

(Ord. No. NS-2730, § 3, 12-18-06)

No structure shall exceed thirty-five (35) feet in height.

(Ord. No. NS-2420, § 2, 4-3-00)

There shall be no front yard building setback allowed except for developments which provide outdoor dining areas subject to the approval of guidelines established by resolution of the city council.

(Ord. No. NS-2420, § 2, 4-3-00)

There are no side yard requirements, except on corner lots with parking facing the side street, the side yard shall be not less than five (5) feet. Additionally, no part of a building above the first fifteen (15) feet in height may be located within twenty (20) feet of the vertical plane of a side lot line if the lot is contiguous to residentially zoned or used property on such side.

(Ord. No. NS-2420, § 2, 4-3-00)

There is no rear yard requirement, except that property abutting residentially zoned or used property shall have a rear yard landscape buffer of not less than five (5) feet where parking is provided. Additionally, no part of a building above the first fifteen (15) feet in height may be located within twenty (20) feet of the vertical plane of a rear lot line if the lot is contiguous to residentially zoned or used property on the rear.

(Ord. No. NS-2420, § 2, 4-3-00)

(a)

When no building is present on the site, a minimum five-foot landscaped area along the front property line shall be required for any proposed development.

(b)

A landscaped area not less than five (5) feet wide shall be maintained along any property line to the extent it serves to separate property zoned or used for residential purposes from any off-street parking area.

(c)

Vehicular parking may not be located within any required landscaped area.

(d)

Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council.

(e)

Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development.

(f)

Procedures for the approval and amendment of landscaping plans shall be established by the planning division.

(g)

All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape.

(h)

Landscaping shall be installed and maintained in compliance with article XVI of this chapter, pertaining to water conservation.

(Ord. No. NS-2420, § 2, 4-3-00; Ord. No. NS-2801, § 11, 12-23-09)

Each lot, which is used for commercial purposes in the C-SM district, shall have at least six thousand (6,000) square feet of area and fifty (50) feet of street frontage.

(Ord. No. NS-2420, § 2, 4-3-00)

Off-street parking shall be provided in the manner prescribed in article XV of this chapter, except that required parking for any C-SM zoned parcel may be granted by the zoning administrator administratively, to be located within five hundred (500) feet of the C-SM use it serves. For zoning administrator consideration, an application shall be submitted in writing to the city planning department upon forms provided by the department and shall include the following:

(1)

A full statement of the special circumstances and conditions relied upon as grounds for the request. The statement shall address at a minimum, how meeting the minimum parking requirements for the proposed C-SM use on-site as prescribed in article XV of this chapter, would result in severe and unreasonable hardship for the property owner.

(2)

Documentation indicating sufficient off-street parking exits in the form of a parking lot or parking structure within five hundred (500) feet of the site which meets the minimum requirements for the proposed C-SM use as prescribed in article XV of this chapter.

(3)

Documentation indicating that the structure in the C-SM zone, for which the request is made, is designed, intended and used for nonresidential purposes.

(Ord. No. NS-2420, § 2, 4-3-00)

(a)

No walls or fences are permitted in the front yard areas, provided however, walls or fences may be permitted in approved dining areas and parking lots subject to the approval of guidelines established by resolution of the city council.

(b)

A minimum six-feet high solid masonry wall shall be provided along any property line abutting property used, zoned or designated within the city's general plan for residential purposes.

(c)

Wrought iron or similar architecturally compatible fencing may be used in all other applications provided such fencing does not exceed forty-eight (48) inches high within fifteen (15) feet of the front property line.

(Ord. No. NS-2420, § 2, 4-3-00)

The following sign regulations and guidelines shall apply in the Commercial South Main Street District only. The provisions of this section shall be applied in conjunction with chapter 41, article XI, "On-Premise Signs" of this Code, provided however, in the event of a conflict between the provisions within this section and the remainder of the City of Santa Ana Sign Ordinance as outlined in chapter 41, article XI, "On-Premise Signs," the provisions of this section shall prevail.

The number and area of signs as outlined in this section are intended to be maximum standards and do not necessarily insure architectural compatibility. As a result, in addition to the enumerated standards within this section, consideration shall be given to a sign's relationship to the overall design of the subject property and its given surroundings.

A planned sign program, pursuant to sections 41-880 through section 41-884 of this chapter, shall be required for all buildings with more than two (2) tenants to ensure signage compatibility for the building. Planned sign programs must complement the architecture of the building or commercial complex and are subject to the same approval process and review as a sign permit.

(a)

Definitions. The terms used in this section shall be construed as defined herein. Unless specifically defined in this section, all other terms shall have the same meaning as set forth in chapter 41, article XI of this Code.

(1)

Main sign. The largest single permitted sign on the leasable tenant space.

(2)

Blade/arcade sign. A type of projecting sign which is attached to the building and protrudes over the sidewalk area.

(3)

Mimetic sign. A symbol or ornament which provides a direct reference to the product being sold or the type of business activity at a given location.

(b)

Scope.

(1)

This section applies to all signs and advertising displays in the South Main Street commercial district.

(2)

This section does not apply to signs and advertising displays of the following types and descriptions:

a.

Any billboard or other off-premise commercial advertising sign regulated by article XII of this chapter.

b.

Any sign located in the public right-of-way and installed or maintained by the public works agency of the city or by any other public entity having the legal authority to maintain the sign.

c.

Any sign located within a building or enclosed area and designed to be viewed primarily by persons inside of such building or enclosed area.

d.

Any sign on a vehicle or other mobile unit, unless such vehicle or mobile unit is parked or stationed near a business activity advertised or identified by the sign and for the primary purpose of attracting public attention to such business activity.

e.

Any temporary sign taped or otherwise affixed to a window in such a manner as to be easily removed, provided that the total area of such sign in any one (1) window does not exceed twenty-five (25) per cent of the area of each window.

f.

Non-freestanding incidental sign area not exceeding two (2) square feet in size per elevation and attached flush to a door, wall or window containing information on hours of operation, deliveries, credit cards accepted, or similar information.

g.

The changing of copy on an approved changeable copy sign, provided the copy identifies the business or service provided.

(c)

Additional regulations. No sign is permitted that:

(1)

Is an A-frame, sandwich board or other portable, temporary advertising display.

(2)

Is temporary or special event flags, banners, festoons, flag canopies or other displays, except as permitted by a special event sign permit.

(3)

Is a sculptured, molded or otherwise fabricated representational object used for the purpose of visually conveying business identification or product advertising, except as approved by a planned sign program.

(4)

Is an aerial or balloon type of sign.

(5)

Conflicts with standards established by resolution of the city council pertaining to the colors and materials of signs adopted for the purpose of promoting signage, which is visually attractive and harmonious with its surroundings.

(6)

Duplicates or repeats copy on the same sign.

(7)

Is a graphic of paint or other material on a building for the purpose of amplifying or directing attention to a sign, unless approved by the planning director.

(8)

Advertises or directs a use not being made on the premises where such sign is displayed or which identifies a product, activity, interest, service or entertainment not available on the premises where such sign is displayed. Any such sign shall be immediately removed at the time the use, product, activity, interest, service or entertainment is no longer made or available on the premises.

(d)

Main signs. Each leasable tenant space shall be limited to one (1) main sign from the following signage types. However, all businesses within the same building or complex of buildings shall use the same sign type.

All main signs must comply at a minimum, with the following general design criteria:

• All individual letter signs shall be installed to appear flush-mounted with no exposed raceways containing electrical transformers or components.

• All signs shall be for business identification containing the recognized trade name of the business only.

• No sign shall use mirrors reflecting a direct light source or utilize flashing, blinking or sequenced lights.

• Internally illuminated cabinet wall signs are strictly prohibited.

• The top of any main sign shall not be higher than the building on which it is located and in no event higher than twenty-eight (28) feet.

(1)

Projecting signs.

a.

Awning signs. Signs can be applied to awnings according to the following criteria:

(i)

Letters shall be a maximum of fourteen (14) inches and located on the front face or any valance element of the awning. The sign area shall not exceed twenty (20) per cent of the total awning area with a maximum area equal to one (1) square foot per linear foot of awning width.

(ii)

A logo may be incorporated into the sign, with additional sign area allowed, provided the total sign does not exceed thirty (30) per cent of the total awning area with a maximum of one and one-half (1½) square feet per linear foot of awning width.

(iii)

Letters and logos shall be sewn or silk-screened onto the awnings in an approved contrasting color.

(iv)

Each awning that is separated by a distance of at least eight (8) inches may contain an identical sign except that the size of the sign shall be determined by the width of each separate awning. The combination of such signs shall be deemed as one (1) sign for purposes of this section; provided however, the aggregate dimensions of the combination of signs shall comply with the criteria set forth in subsection (i) above.

(v)

No plastic awning signs shall be permitted.

(vi)

No internally illuminated awning signs shall be permitted.

b.

Blade/arcade signs. The following requirements will apply when blade or arcade signs are used:

(i)

The maximum volume allowed shall be nine (9) cubic/square feet. The sign shall not exceed three (3) feet in any one (1) direction. The volume/dimensions used to determine size shall not include the bracket or suspension structure.

(ii)

Acceptable materials include painted, polished and patina metal; painted and stained wood; glass; and inlaid stone.

(iii)

The lowest point of any blade/arcade sign must be eight (8) feet above any pedestrian walkway.

(iv)

The bracket design shall be integrally planned and detailed and shall be highly ornamental in nature. Brackets shall be consistent throughout their use on any particular building.

(v)

One (1) blade/arcade sign may be located at each customer entrance. Each sign must be identical and the combination of such signs shall be deemed as one for the purposes of this section; provided however, the aggregate dimensions of the combination of signs shall comply with the criteria set forth in subsection (i) above.

(vi)

Small scale "mimetic" blade/arcade signs (e.g. barber shop pole) are encouraged where appropriate architecturally in addition to one (1) blade/arcade sign. Final design approval is at the discretion of the planning manager. The combination of such signs shall be deemed as one for the purposes of this section.

(2)

Flush-mounted signs.

a.

Individual letter wall signs. The following criteria will apply when individual letters are used:

(i)

Individual letters shall not exceed fourteen (14) inches in height, with the first letter capitals at a maximum height of sixteen (16) inches.

(ii)

No more than one (1) wall sign shall be permitted for each primary elevation of a leasable tenant space.

(iii)

Signs using individual letters shall not exceed in length, two-thirds (⅔) of the overall length of the storefront.

(iv)

Signs shall not exceed a maximum of one (1) square foot per linear foot of the building frontage with a maximum of fifty (50) square feet.

b.

Permanent signs on glazing. Lettering and logos may be applied directly on glazed areas in accordance with the following requirements:

(i)

Signs on glazing shall be limited to the first floor of buildings.

(ii)

Letters are to be a maximum of ten (10) inches.

(iii)

The total area of the sign shall be no greater than forty (40) per cent of the total glazed area upon which it is applied or fifteen (15) square feet, whichever is smaller.

(iv)

Acceptable sign techniques are sandblasted or etched glass, professionally painted lettering, professionally or custom fabricated and applied vinyl, metal leaf and stained glass.

(v)

Each glazed area on either side of a customer entrance may contain an identical sign. The combination of such signs shall be deemed as one (1) for the purposes of this section.

c.

Exposed neon. Exposed neon signs may only be used in conjunction with food and entertainment uses. Where used, the following criteria must be met:

(i)

The use of exposed neon is limited to main signs only.

(ii)

Neon, fiber optics and other high-intensity signs, which exhibit glare and high contrast with their surroundings, are discouraged. Additional lighting may be required to adjust the ambient light background of the proposal.

(iii)

Signs shall not exceed the maximum area of one (1) square foot per linear foot of building frontage with a maximum of fifty (50) square feet.

d.

Plaque signs/fascia panel. The following requirements apply:

(i)

The length of the fascia panel/plaque shall be a maximum of two-thirds (⅔) of the overall storefront.

(ii)

The height of individual letters shall not exceed fourteen (14) inches, with the first letter capitals a maximum of sixteen (16) inches.

(iii)

The plaque/fascia panel design and finish shall be integrated with the storefront design.

(iv)

Individual letters shall not exceed seven (7) inches in depth from the face of the surface upon which they are mounted.

(v)

Acceptable materials include cast stone, wood and metal panels with individual metal and wood letters, neon and custom tile.

(vi)

Letters may be no closer than six (6) inches from the edge of the plaque/fascia panel.

(vii)

The fascia panel shall not exceed a maximum area of one (1) square foot per lineal foot of the building frontage with a maximum of fifty (50) square feet.

(e)

Freestanding signs. Freestanding signs shall be permitted in the South Main Street commercial district as follows:

(1)

Number. No more than one (1) freestanding sign shall be permitted on an integrated development site. A minimum of one hundred (100) feet of street frontage shall be required for a freestanding sign.

(2)

Location.

a.

No freestanding sign shall be permitted on any site which does not have street frontage.

b.

A freestanding sign shall be located only in a landscaped planter, with such planter not less than four (4) feet in any direction from the edge of the planter to the sign. The planning manager may reduce the amount of required landscaping for freestanding signs on sites with legal nonconforming landscaped setbacks. No sign shall obstruct or remove any required landscape materials.

c.

No freestanding sign shall be placed closer than twenty-five (25) feet to a side lot line.

d.

No freestanding sign for a commercial use shall be placed within fifty (50) feet of land used, zoned, or designated on the general plan for residential purposes on the same street frontage as the proposed sign.

e.

No freestanding sign shall be located in the triangular area(s) measured fifteen (15) feet by fifteen (15) feet where a driveway enters onto a street, or in any other area which may obstruct the vision of motorists so as to create a safety hazard. Additionally, all signs are subject to sections 36-45 to 36-47 of this Code regarding obstructions to vision at corner intersections.

(3)

Height and area. Freestanding signs shall not exceed five (5) feet in overall height from curb level unless otherwise stated in this section. The sign face area shall not exceed twelve (12) square feet.

(4)

Design.

a.

All signs shall be architecturally compatible with the development on which they are located. Materials and features present in the architecture of the development should be replicated in the design of the freestanding sign. Both solid base or pole base designs are allowed provided the design is architecturally compatible with the development. Final design approval is at the discretion of the planning manager.

b.

The copy area of a freestanding sign shall not exceed forty (40) per cent of the sign face.

c.

Freestanding signs shall be for the development name only, not to exceed a total of five (5) items of information.

d.

No sign shall use mirrors reflecting a direct light source or utilize flashing, blinking or sequenced lights. No sign shall utilize unshielded incandescent, fluorescent or other lighting, except neon.

(f)

Special event signs or displays. No person shall install or maintain or allow to be installed or maintained on property occupied by such person any special event sign or display, except in accordance with the following requirements.

(1)

The special event sign or display shall be installed and maintained in accordance with a permit issued by the zoning administrator, who may approve, approve with conditions, or deny such permit.

(2)

The special event sign or display shall not be maintained for more than fourteen (14) successive days, except that grand opening signs shall be permitted for a period not to exceed thirty (30) days. Further, sign permits for grand openings shall be permitted for a period not to exceed thirty (30) days from the date the certificate of occupancy of the business is issued.

(3)

No more than four (4) special event sign permits, including grand opening signs, shall be issued for each business with a valid certificate of occupancy during each calendar year.

(4)

Such special event sign or display shall include no more than banners and parking lot light pole flag displays and shall not include flag canopies, aerial signs or freestanding signs.

(5)

The special event banner sign shall not exceed thirty-six (36) square feet in area and shall not exceed eighteen (18) feet in length.

(Ord. No. NS-2420, § 2, 4-3-00)

PCD (planned community development) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.360; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

As part of the general plan of community development of the city, the purpose of this district is to encourage, preserve and improve the health, safety and general welfare of the people of the city by encouraging the use of contemporary land planning principles and coordinated community design.

The planned community development district is created in recognition of the economic and cultural advantages that will accrue to the residents of an integrated, planned community development of sufficient size to provide related areas for various housing types; retail and service activities; industrial operations; recreation, school, public facilities; and other uses of land. This district is designed for use where the area comprising such development project is under single ownership at the time of its classification of this district.

(Code 1952, § 9230,361; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

To be reclassified to the PCD district an area shall contain not less than five hundred (500) contiguous acres under single ownership or controlled by a single entity at the time of application and until the effective date of the ordinance approving the proposed general plan of development.

An area of less than five hundred (500) contiguous acres may be added to an existing PCD district provided said land is made a part of the original general plan of development in all respects prior to its incorporation into said district by way of amendment of the general plan of development as provided in section 41-540. "Contiguous" shall mean having a common boundary with or physically so located that in the opinion of the city council said additional area bears a significant relationship to the approved and adopted general plan of development.

(Code 1952, § 9230.362; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In addition to the procedure outlined in section 41-659 through section 41-667, there shall be provided by the applicant, prior to the acceptance of the petition for reclassification by the planning department, a general plan of development. Said general plan of development shall consist of maps, descriptive statements of objectives, principles and standards used in its formulation, and shall include the following components:

(1)

Land use component.

(2)

Circulation component.

(3)

Population component.

(4)

Subdivision design component.

(5)

Services and facilities component.

(6)

Construction order component.

The general plan of development may also include additional components.

(Code 1952, § 9230.363; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62; Ord. No. NS-2356, § 1, 7-6-98)

A land use component shall consist of a map or maps, setting forth the distribution, location and extent of the acres of land devoted to each category of land use proposed as part of the general plan of development. Such uses may include single-family residential, two (2) family residential, three (3) or more family residential, mixed types of residential; neighborhood retail shopping facilities, community retail shopping facilities, regional retail shopping facilities, office facilities, service facilities; wholesale or goods-distribution facilities; general types of industrial facilities; education, religious, recreation, public and semipublic facilities; or other categories of public or private uses of land. Said component shall also contain a descriptive statement of objectives, principles and standards used for its formulation.

(Code 1952, § 9230.364; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

A circulation component shall consist of a map or maps, setting forth the general location and extent of all transportation facilities proposed as part of the general plan of development. Such facilities may include major and local thoroughfares, transportation routes, terminals, heliports; and the delineation of such systems on the land; one-way street systems; grade separations; divided roads; left-turn lanes; subways; monorail routes; and such other matters as may be related to the provision for the circulation of traffic within the planned community related to the land use component. Said circulation component shall include a designation of proposed street widths. Said component shall also contain a descriptive statement of objectives, principles and standards used for its formulation.

(Code 1952, § 9230.365; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

A population component shall contain a descriptive statement of the standards of population density and building intensity for the various proposed land uses, including estimates of future population characteristics and change within the planned community correlated with the other components of the general plan of development. The supporting data shall include, but not be limited to, dwelling (housing) units per acre for the various residential uses proposed; and square footage by type for the various offices and retail facilities including sufficient data to calculate traffic generation, parking requirements, water consumption, sewerage needs and the necessary capacity of related utilities and services, traditionally rendered by public or private organizations for a population of such size, as is projected for the completed, planned community.

(Code 1952, § 9230.366; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

A subdivision design component shall contain a descriptive statement of the principles governing the proposed subdivision of land or air including lot design for various proposed land uses. This component shall be in sufficient detail so that it can serve as the basis for determining the conformity of any site plan to the general plan of development.

(Code 1952, § 9230.367; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

A services and facilities component shall contain a map or maps setting forth the general location and extent of any and all existing and proposed systems for sewerage, domestic water supply and distribution, refuse disposal, drainage, local utilities and any rights-of-way, easements, facilities and appurtenances necessary therefor. Said component shall also contain a descriptive statement setting forth objectives, principles and standards used for its formulation, as well as a detailed statement describing the proposed ownership, method of operation, and maintenance of each such service and facility.

(Code 1952, § 9230.368; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

A construction order component shall contain a map or maps setting forth the proposed chronological order of construction relating each proposed use and structure to the construction of the various services and facilities as may be required herein or as part of the general plan of development. Said component shall include estimated completion dates and shall specify the proposed order of request for utility release or other authority to occupy completed structures so as to provide a basis for determining the adequacy of the related services and facilities for each separate construction phase.

(Code 1952, § 9230.369; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

The general plan of development may include any additional components including, but not limited to, an economic feasibility study or an economic benefits analysis if either of such is considered necessary by the applicant or required by the planning commission or city council for the physical development of the project or to aid in evaluating the impact and effect on other existing or proposed facilities and services of the city; a recreation component; public buildings component providing consideration for administrative and public safety quarters; and any others required, depending upon the nature of the particular proposed development.

(Code 1952, § 9230.370; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

The general plan of development shall include supporting maps drawn to scale, diagrams, charts, descriptions, reports and explanation of methods utilized in its formulation.

(Code 1952, § 9230.371; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Prior to submission of a proposed general plan of development to the planning commission, the plan shall be referred to the department of public works, department of building safety, fire department, police department, recreation and parks department and library department. Each of said departments shall submit to the planning department a written evaluation and report concerning those aspects of the proposed plan which concern the particular department. Said reports shall be forwarded along with the plan to the planning commission and city council.

(Code 1952, § 9230.372; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Public notification of the hearing on the general plan of development shall be incorporated into the notice of proposed reclassification as required in sections 41-659 through 41-667. Specific mention of any proposed modification or amendment of any other ordinance of this city or section of this Code shall be included in said notice.

Action by the planning commission and city council on the request for reclassification may be concurrent with but shall not precede the adoption of the entire general plan of development. Said plan as presented may be approved, modified, conditionally approved or rejected in part or in entirety by the planning commission and the city council. The action of the planning commission on the request for reclassification and on the general plan of development shall be advisory only but shall include recommended conditions of approval of the general plan of development.

(Code 1952, § 9230,373; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Any amendment or substantial change of the adopted general plan of development shall proceed as prescribed in section 41-550.

(Code 1952, § 9230.374; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

To assure that any improvements specified as part of the general plan of development or as a necessary prerequisite to the utility release or authority to use or occupy any area or structure completed under the terms of said plan or each phase as outlined in the construction order component, or any agreements executed by the city council according to the provisions of this chapter, a corporate surety bond or cash bond must be furnished guaranteeing the faithful performance of the work or agreements and the payment of any costs to the city in a sum equal to the total as recommended by the department of public works and approved by the city council.

(Code 1952, § 9230.375; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Prior to certification of the site plans as required in section 41-555, the department of public works shall determine the amount of corporate surety bond or cash bond as required by section 41-552, and submit said amount to the city council for approval.

Said corporate surety bond or cash bond shall cover each separate facility or utility required as part of each phase of development as outlined in the approved construction order component of the general plan of development. Provided, however, part of the corporate surety bond, or cash bond amount may be released when any specific part of each phase is completed, upon recommendation of the department of public works and the approval of the city council.

(Code 1952, § 9230.376; Ord. No. NS-455, § 1, 6-2060; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— Ord. No. NS-1700, § 3, enacted Nov. 21, 1983, repealed §§ 41-554 and 41-555, relative to site plans. Said sections were derived from Code 1952, §§ 9230.377, 9230.378; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-599, § 1, adopted Aug. 20, 1962.

In the event of conflict between the provisions of this chapter and any provisions of chapters 27 or 34 of this Code; or conflict between a clearly specified detail of the adopted general plan of development and provisions of chapters 27 and 34 of this Code; or any combination of the above, then the provisions of the ordinance approving or adopting the general plan of development enacted by the city council shall govern if, and only if:

(1)

The notice of public hearing as required herein states the nature of the conflict, the identification of the Municipal Code section with which there is conflict, and the extent to which it is proposed to modify said section; and

(2)

The ordinance enacted by the city council approving or adopting the general plan of development makes specific reference to the extent to which any specific Municipal Code section is modified.

(Code 1952, § 9230.379; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In the event any real property in the adopted general plan of development is conveyed in total or in part after adoption of said general plan of development as long as the property remains zoned PCD, the buyers thereof shall be bound by the provisions of this chapter and the adopted general plan of development. However, nothing herein shall be construed to create nonconforming lots, building sites, buildings, or uses by virtue of any such conveyance of lot, building site, building or part of the development credited in conformance with said plan. Subsequent structural additions or alterations may be made provided the provisions of this chapter and other ordinances are adhered to, to the extent that said ordinances may apply.

(Code 1952, § 9230.380; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In the event the subdivision of all or part of the territory within the boundaries of the adopted and recorded general plan of development is proposed or required by law, the provisions of section 41-554 may be excluded as part of the site plan provided they are required by and submitted as part of the subdivision procedure as required by the subdivision regulations of this city, chapter 34 of this Code.

(Code 1952, § 9230.381; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Since developments of the scope allowed by this district were not contemplated prior to the passage of certain regulatory sections contained in this chapter and chapters 27 and 34 of this Code, the following specific deviations are allowed if specifically stated on the approved and adopted plan with reference to the conflicting Municipal Code section as provided for herein.

(Code 1952, § 9230.382; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In the event the city is, in the opinion of the city council, unable for any reason to provide speedy and direct connection to city domestic water facilities, an alternative facility may be approved by the city council provided an agreement is entered into between the owner of the alternative domestic water system and the city council assuring that its construction, operation and maintenance are to city standards.

(Code 1952, § 9230.382.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In the event the city is, in the opinion of the city council, unable for any reason to provide speedy and direct connection to the city sewerage system, an alternative system may be approved by the city council provided an agreement is entered into between the owner of the alternative sewerage system and the city council assuring its construction, operation and maintenance are to city standards.

(Code 1952, § 9230.382.2; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

The minimum width of streets may be less than sixty (60) feet, provided:

(1)

The proposed street width is clearly specified on the general plan of development.

(2)

Sufficient data is submitted as part of the required components of the general plan of development to determine that the proposed street width is sufficient to accommodate anticipated traffic volume.

(Code 1952, § 9230.382.3; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Whenever such intent does not contradict the provisions of this chapter or chapters 27 and 34 as they relate to the streets and highways element of the city's general plan of community development or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in this chapter, streets which are intended to be kept continuously closed to public travel or are at all times posted as private streets may be so shown upon a final map of subdivision, provided an agreement is entered into between the owner of said private streets and the city council assuring their construction, operation and maintenance are to city standards.

(Code 1952, § 9230.382.4; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

The length of cul-de-sac streets may exceed five hundred (500) feet, but in no case thirteen hundred (1,300) feet, provided:

(1)

Through property easements are provided to allow the looping of domestic water and sewer lines to the satisfaction of the director of public works; and

(2)

Through property easements to the nearest accessible street are provided sufficient for the movement of public safety vehicles on instant demand and such vehicular route is so maintained as to remain passable at all times.

(Code 1952, § 9230.382.5; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In the event certain land areas and buildings are provided within the planned community for private recreational use, the owner of such land and buildings shall enter into an agreement with the city council to assure the continued operation and maintenance to a predetermined reasonable standard.

(Code 1952, § 9230.383; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Any application for reclassification from the PCD district to any other district contained within this chapter or hereafter enacted shall be deemed and construed to be a proposed amendment to the adopted general plan of development. Said application shall be processed as prescribed in section 41-551.

(Code 1952, § 9230.384; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Unless otherwise prohibited by law within the city, any use of land or buildings which is clearly designated by type or category on the approved and adopted general plan of development and subsequently approved site plans, shall be permitted in the PCD district.

(Code 1952, § 9230.385; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62; Ord. No. NS-1036, § 10, 9-8-70; Ord. No. NS-1732, § 46, 6-25-84)

All property within the PCD district is declared to be in height district I.

(1)

No building or structure shall exceed thirty-five (35) feet in overall height on any lot or area designated for residential use in the adopted general plan of development.

(2)

On any lot or portion thereof or area, designated for professional, commercial, industrial, or other nonresidential land use in the adopted general plan of development, no building or structure shall exceed thirty-five (35) feet in height within one hundred forty (140) feet of property designated for residential land use on the adopted general plan of development.

(3)

Should paragraph (2) above be met, any lot or area designated for professional, commercial, industrial or other nonresidential land use in the adopted general plan of development may exceed thirty-five (35) feet in height provided such building or structure has four (4) lineal feet of setback for each one (1) foot of building height measured from subject building to any property or area designated for residential land use in the adopted general plan of development.

(4)

Should paragraphs (2) and (3) above be met, there shall be provided and maintained on the property in question a fifteen (15) foot landscaped strip along any abutting property line or area boundaries delimiting residential land use in the adopted general plan of development. Said fifteen (15) foot landscaped strip shall include not less than one (1) tree for every ten (10) lineal feet of landscaped strip and said tree shall be not less than ten (10) feet in height at time of planting; trees to be of any of the species as set forth in section 41-602.

(Code 1952, § 9230.386; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Required yards shall be measured from the nearest wall of the main building to the street line or alley line of said private travel way.

(Code 1952, § 9230.387; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

There shall be a front yard of not less than ten (10) feet on all residential lots or building sites.

(Code 1952, § 9230.388; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

There shall be a side yard of not less than ten (10) feet on all residential lots or building sites unless the main structure is constructed flush against a similar structure on an adjacent lot or site. On corner lots or building sites the side yard on the street side shall be not less than ten (10) feet; or there shall be a total combined side yard of not less than twenty (20) feet on each residential lot or building site allowing a minimum of zero (0) feet in one side yard. In no case shall there be less than a ten (10) foot side yard on the street side of a corner lot.

(Code 1952, § 9230.389; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

There shall be a rear yard of not less than ten (10) feet on all residential lots or building sites unless the required front yard is increased a distance equivalent to the same reduction in rear yard, thereby resulting in a possible zero (0) foot rear yard.

(Code 1952, § 9230.390; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In any area designated on the adopted general plan of development for combination residential and commercial uses on the same lot or building site, the front and side yards required for residential uses may be waived when such residential uses are erected above the ground floor of a building in which the ground floor is used exclusively for nonresidential purposes.

(Code 1952, § 9230.391; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

There are no yard requirements, except that there shall be a yard of not less than ten (10) feet on all street sides of all lots or building sites used for nonresidential purposes. Said required yards shall be landscaped and maintained.

(Code 1952, § 9230.392; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

The following maximum lot coverage shall be applied to multiple-family residential land use categories designated on the adopted general plan of development:

Not more than fifty (50) per cent of the total lot area shall be devoted to main and accessory building area, driveways, open or enclosed parking areas and covered patios. The remaining fifty (50) per cent of the total lot area shall be devoted to landscaping; lawn area; noncommercial outdoor recreational facilities incidental to the residential development, such as private swimming pools, putting greens and tennis courts; walkways, uncovered patio areas; fences and necessary fire-fighting equipment and installations; further, the open space required by this section shall be arranged and provided in such a manner that it is accessible and usable for the purpose intended herein. Said open space shall not be devoted to commercial agricultural pursuits or any other activity in conflict with the stated purpose of this district. For purposes of the calculations required by this section, private streets shall not be included in total lot or building site area.

(Code 1952, § 9230.393; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

All uses of property designated on the approved and recorded general plan of development or subsequently approved site plans shall be operated and conducted in full compliance with the operational standards section of the most restrictive commercial or industrial district in which said specific use is permitted by article III of this chapter.

(Code 1952, § 9230.394; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— The text must be read in conjunction with the division heading.

Off-street parking and loading shall be provided in the manner and number prescribed by article XV of this chapter. However, of the off-street parking required by article XV, not less than one (1) parking space per dwelling unit shall be a covered parking stall; that is, said stall shall be in a carport or garage.

(Code 1952, § 9230.395; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62; Ord. No. NS-3044, § 19, 6-20-23)

Editor's note— The text must be read in conjunction with the division heading.

Editor's note— Ord. No. NS-1721, § 5, enacted April 2, 1984, repealed § 41-578, relative to signs in PCD districts. Said section was derived from Code 1952, § 9230.396; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-599, § 1, adopted Aug. 20, 1962.

Accessory buildings to be constructed on any lot or building site in any area designated on the adopted general plan of development for residential development shall comply with section 41-603.

(Code 1952, § 9230.397; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— The text must be read in conjunction with the division heading.

The following uses shall be subject to the following minimum square feet of gross floor area per dwellings unit, exclusive of garages, carports and unenclosed porches and patios:

(1)

Bachelor apartment: Four hundred and fifty (450) square feet.

(2)

One-bedroom apartment: Six hundred and fifty (650) square feet.

(3)

Two or more bedroom apartment: Eight hundred (800) square feet and one hundred (100) square feet for each bedroom in excess of two (2).

(Code 1952, § 9230.398; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— The text must be read in conjunction with the division heading.

Whenever a question arises concerning the interpretation of any section of this district it shall be the duty of the planning director to ascertain all facts concerning said question and forward all data to the planning commission for a recommendation and then to the city council for a determination.

(Code 1952, § 9230.399; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— The text must be read in conjunction with the division heading.

O (open space land) districts are specifically subject to the regulations contained in this division.

(Ord. No. NS-998, § 1, 2-2-70; Ord. No. NS-1191, § 1, 11-19-73)

The purpose of the O District is to provide for permanent open spaces in the city.

(Ord. No. NS-998, § 1, 2-2-70; Ord. No. NS-1191, § 1, 11-19-73)

The following uses are permitted in the O District:

(a)

Open-air recreational and entertainment uses, including bike or bridle trails, and buildings and uses accessory thereto.

(b)

Government buildings, school buildings and facilities, public utility facilities, quasi-public and service facilities, flood-control structures, and uses accessory thereto.

(Ord. No. NS-998, § 1, 2-2-70; Ord. No. NS-1191, § 1, 11-19-73; Ord. No. NS-1732, § 48, 6-25-84; Ord. No. NS-2058, § 6, 5-7-90)

The following uses may be permitted in the O district subject to the issuance of a conditional use permit:

(a)

Community gardens operated by a non-profit organizations.

(b)

Production greenhouses and nurseries with no retail sales.

(c)

Interpretive centers.

(Ord. No. NS-2511, § 3, 9-3-02)

Editor's note— Ord. No. NS-2058, § 7, adopted May 7, 1990, repealed former § 41-585, which pertained to uses prohibited in the O District and derived from Ord. No. NS-998, § 1, adopted Feb. 2, 1970, and Ord. No. NS-1191, § 1, adopted Nov. 19, 1973.

There is no limitation on building height.

(Ord. No. NS-998, § 1, 2-2-70; Ord. No. NS-1191, § 1, 11-19-73)

There are no yard requirements.

(Ord. No. NS-998, § 1, 2-2-70; Ord. No. NS-1191, § 1, 11-19-73)

PRD (planned residential development) suffixes are specifically subject to the regulations contained in this division.

(Ord. No. NS-1112, § 1, 4-3-72)

The RE (residential-estate), R1 (single-family residence), R2 (multiple-family residence), R3 (medium-density multiple-family residence), R3H (high-density multiple-family residence), R4 (suburban apartment), CR (commercial-residential), and P (professional) Districts may be modified at the time the zoning is first established or by amendment by adding to the district designation "PRD." The intent and purpose of the Planned Residential Development District is to allow a development planned and designed as a unit to produce an environment of stable, desirable character not out of harmony with its surrounding neighborhood and which meets standards of density, open space, light and air, pedestrian and vehicular access, and traffic circulation no greater than the regulations to which the "PRD" suffix is combined.

(Ord. No. NS-1112, § 1, 4-3-72)

Any development, use or division of property within a PRD modified district classification, even though such development, use or division of said property may conform to the base zone to which the PRD modified district may be suffixed, requires the filing and approval of a conditional use permit.

(Ord. No. NS-1112, § 1, 4-3-72; Ord. No. NS-1186, § 3, 10-1-73; Ord. No. NS-1228, § 1, 2-18-75; Ord. No. NS-1700, § 5, 11-21-83)

Due to the complexity of planned residential developments, it is illogical and impractical to define herein an exact pattern for the arrangement of group dwellings for a parcel involving two (2) or more main dwellings; however, it is the intent of this district to provide a functional and nonmonotonous orientation of buildings with a maximum of open space around each main building consisting of courts, parkways, and patio areas, all oriented so as to provide separation of vehicular traffic from play areas and recreational area[s] for children and adults.

Further, in order to more clearly define the intent of this district, there shall be on file in the office of the planning department illustrations entitled "Guides to Planned Residential Development." Said illustrations shall be approved by resolution by the planning commission and city council and shall show the desirable arrangement of buildings and open space, but are not designs which must be copied in order to secure approval of development plans as required by the provisions of the Planned Residential Development District. The following contemporary site design standards of principles are designed to provide assistance to the applicant:

(a)

The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships and shall conform in all respects to all adopted plans of all governmental agencies for the area in which the proposed development is located.

(b)

The plan shall provide for adequate open space, circulation, off-street parking and pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated, oriented and related to the landscape features of the site.

(c)

The proposed development shall be compatible with the general plan of land used and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood and community.

(d)

The internal street system shall not be a dominant feature in the overall design, rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.

(e)

Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the dwelling units and shall be well related to any common open space provided.

(f)

Architectural harmony within the development and within the neighborhood and community shall be obtained so far as is practicable.

(g)

The number of dwelling units shall be as indicated by the base district.

(h)

No more than fifty (50) per cent of the total lot area shall be devoted to main and accessory building area, driveways, open or enclosed parking areas and covered patios. The remaining fifty (50) per cent of the total lot area shall be devoted to landscaping; lawn area; noncommercial outdoor recreational facilities incidental to the residential developments such as private swimming pools; putting greens and tennis courts; walkways; uncovered patio areas; fences; and necessary fire-fighting equipment and installations. Further, the open space required by this section shall be arranged and provided in such a manner that it is accessible and usable for the purpose intended herein. Said open space shall not be devoted to commercial agricultural pursuits or any other activity in conflict with the stated purpose of this section and district.

(i)

Only television and radio antennas which are located indoors or which are designed to serve all the occupants of the development shall be permitted.

(j)

All usable open space not occupied by recreational facilities shall be densely landscaped and provided with a permanent underground irrigation system.

(k)

All streets, alleys, walkways, and parking areas within the development which are not dedicated to public use shall be improved in accordance with improvement standards established by the department of public works and to widths as determined by section 34-165 relating to private street standards for planned residential development. Provisions acceptable to the city shall be made for the preservation and maintenance of all such streets, alleys, walkways and parking areas. All streets within a planned residential development shall provide adequate vehicular circulation for the development and for the area in which it is located. The vehicular circulation and the pedestrian circulation within a planned residential development shall be separated. A partial waiver of this requirement may be granted by the planning commission if it is determined that such partial waiver will not be inconsistent with adequate standards of pedestrian and vehicular circulation for the development and for the area in which it is located.

(l)

The maximum building height and number of stories permitted shall not exceed the building height and number of stories permitted in the base district. However, the planning commission shall have the right to limit the number of stories in any or all of the buildings in a planned development, the base district regulations notwithstanding, when it finds that existing or proposed developments on adjacent properties, or properties across a street or alley, would be adversely affected unless such a limitation were imposed.

(m)

Off-street parking shall be provided for each such development in compliance with section 41-617(b) and with the following additional requirements:

(1)

A one-vehicle garage shall be provided for each bachelor or one-bedroom unit. A two-vehicle garage shall be provided for each dwelling unit having two (2) or more bedrooms. Carports may be provided in lieu of garages if twenty-five (25) per cent or more of the total dwelling units are provided either for sale or lease as "affordable" units, as defined in the housing element of the general plan.

(2)

Guest parking spaces may be uncovered and shall be so located as to be accessible to visitors and guests.

(3)

The required parking spaces, garages or carports, or any portions thereof, may be grouped when it is determined by the planning commission that such grouping and the location thereof will be accessible and useful in connection with the proposed dwelling units in the development.

(n)

The site in question for a planned residential development must be large enough to effectively carry out the intent and purposes of the planned residential development as stated in this division.

(o)

When a planned residential development is to be divided for sale, lease or financing through the subdivision of said development, the provisions of section 34-57(1), Subdivisions, may be waived. A letter requesting waiver of the requirements of section 34-57(1) shall accompany the conditional use permit application and shall include a statement or supporting reason for said waiver request. Said waiver may only be granted in conjunction with the approval of the conditional use permit being applied for.

(Ord. No. NS-1112, § 1, 4-3-72; Ord. No. NS-1124, § 2, 8-21-72; Ord. No. NS-1674, § 3, 3-21-83; Ord. No. NS-1832, § 2, 2-3-86)

The provisions of this division shall apply to all property within a district which has been designated as SP (Specific Development) and for which a specific plan has been adopted by ordinance. The provisions in such a specific plan shall control the use and development of property in the SP district to the same extent as if set forth in full in this division. The provisions of this chapter which apply to the use and development of property generally in the city shall apply to property in the SP district except to the extent otherwise provided in the applicable specific plan.

(Ord. No. NS-2137, § 1, 7-1-91)

The purpose of the SP district is to provide for the orderly implementation of adopted specific plans.

(Ord. No. NS-2137, § 1, 7-1-91)

No use of property is permitted in the SP district except those uses stated in the applicable specific plan to be permitted uses or uses subject to the issuance of a conditional use permit. No use of property which is required to have a conditional use permit by the applicable specific plan is permitted in the SP district in the absence of such conditional use permit.

(Ord. No. NS-2137, § 1, 7-1-91)

The development of property in the SP district shall comply with all applicable development standards set forth in the applicable specific plan.

(Ord. No. NS-2137, § 1, 7-1-91)

No activity shall be conducted in the SP district in a manner which violates any applicable provision of the applicable specific plan.

(Ord. No. NS-2137, § 1, 7-1-91)

The regulations contained in this division shall apply to all property within a district where the district symbol is combined with the "SD" (Specific Development) suffix and to all property within the "SD" (Specific Development) District, when applied as a separate district. In all cases where a plan in an SD District has been approved the "SD" symbol shall be followed by a number to designate the Specific Development plan number (e.g., SD-1) and the development that shall be permitted subject to the provisions of the approved specific development plan and the regulations of this chapter.

(Ord. No. NS-1200, § 1, 3-18-74)

The Specific Development District and suffix is authorized and established for the purpose of protecting and promoting the public health, safety and general welfare of the city and its residents by:

(1)

Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of property, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and development of adjacent and nearby properties.

(2)

Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate use and value thereof be determined and protected.

(3)

Providing a method whereby specific development plans are to be based on the general plan as well as other regulations, programs, and legislation as may in the judgment of the city be required for the systematic execution of the general plan.

(4)

Recognizing the interdependence of land values and aesthetics and providing a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and encouraging excellence of property development, compatible with the general plan for, and character of, the city, with due regard for the public and private interests involved.

(5)

Insuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces.

(Ord. No. NS-1200, § 1, 3-18-74)

When the "SD" symbol is applied as a suffix in combination with the district symbol, the specific development regulations are intended to apply only to those uses which are permitted in the zoning district to which the suffix is combined. In any case where the development standards of the specific development plan differ from the regulations of the base zone the specific development plan shall apply.

(Ord. No. NS-1200, § 1, 3-18-74)

Any use or development of property within an "SD" District where the "SD" symbol is not combined with another district shall be in compliance with the ordinance adopting the specific development plan for such property.

(Ord. No. NS-1200, § 1, 3-18-74; Ord. No. NS-1356, § 1, 4-18-77)

(a)

Any application for a permit for a building or structure in the SD district shall be accompanied or preceded by the filing with the director of planning of a specific development plan which shall be one (1) of either of the following types:

(1)

A plan consisting of architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and in addition, such other plans, drawings or information as may be determined by the director of planning to be necessary to fully evaluate any requirement for a building permit;

(2)

A plan consisting of standards and regulations pertaining to the following:

(i)

The height, location, and bulk of buildings:

(ii)

The location, arrangement and configuration of open space and building setback;

(iii)

The location and design of off-street parking areas;

(iv)

The number, size, and location of all signs;

(v)

Such other regulations and standards as may be necessary to accomplish the purposes and intent of this division or to insure the proper execution of the general plan.

(b)

Upon receipt of a specific development plan by the director of planning, the same shall be referred to the planning division for review and recommendations. The planning division shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the neighborhood and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the neighborhood.

(Ord. No. NS-1200, § 1, 3-18-74; Ord. No. NS-1356, § 2, 4-18-77; Ord. No. NS-2923, § 5, 9-16-17)

No permit for a building or structure shall be issued for any property subject to the provisions of this division until the following requirements have been met:

(a)

If the property is within a zoning district classification combined with an SD suffix, the applicant must obtain for said property a conditional use permit permitting use of the property in accordance with a specific development plan. Said conditional use permit shall be approved, conditionally approved, or denied in accordance with the provisions of article V. All development shall be in compliance with all conditions of approval prior to issuance of a utility release by the director of building.

(b)

If the property is within an SD district, the specific development plan must be adopted by ordinance of the city. Such ordinance, in addition to adopting the specific development plan, shall specify the uses permitted on such property, together with any restrictions or conditions pertaining to such uses.

(Ord. No. NS-1200, § 1, 3-18-74; Ord. No. NS-1356, § 3, 4-18-77; Ord. No. NS-2923, § 5, 9-16-17)

(a)

The specific development plan shall be submitted in the form required by the director of planning and shall be accompanied by a filing fee in such amount as the city council shall from time to time determine by resolution, except that all governmental agencies are exempted from the fee requirement.

(b)

Upon the filing of a specific development plan, the director of planning shall set the plan for public hearing at a regular or adjourned meeting of the planning commission, which is to be held not less than ten (10) days nor more than forty-five (45) days following completion of all requirements of applicable environmental quality laws, ordinances, rules and regulations.

(c)

The director of planning shall give or cause to be given notice of the time and place of such hearing by mailing notices at least five (5) days prior to the date of such hearing to the owners of all property within three hundred (300) feet of the boundaries of the property, as shown on the latest available tax roll. The names and addresses of such owners shall be provided by the applicant at the time the plan is filed.

(d)

Upon the date set for hearing the planning commission may hear or continue the matter. If a date for the continued hearing is announced in open meeting, no further notice thereof need be given.

(Ord. No. NS-1200, § 1, 3-18-74; Ord. No. NS-1356, § 4, 4-18-77)

No parcel subject to the provisions of this division may be divided or in any way reduced in area, except for land area acquired by a public agency, without first having received:

(a)

Preparation of specific development standards and regulations for said parcel pursuant to section 41-593.6; or

(b)

Approval by the planning commission of a proposed specific development plan for said parcel.

(Ord. No. NS-1200, § 1, 3-18-74)

The specific development plan shall not be deemed valid until all of the conditions as approved by the zoning administrator, planning commission, or city council have been complied with and released by the planning manager. The specific development plan approved in accordance with the procedures and considerations as provided in this division shall automatically become void after one (1) year from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the specific development plan. However, at the initial hearing of the zoning administrator, planning commission or city council may provide, by appropriate conditional approval, for extensions of time beyond the two-year period. Furthermore, the city council by may, by resolutions, extend the date on which a specific development plan becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void.

(Ord. No. NS-2803, § 10, 6-21-10)

All property within a district with an MO (Military Operations) district classification shall be used exclusively for the military operations of the armed forces of the United States of America.

(Ord. No. NS-1208, § 1, 4-15-74)

The regulations contained in this division shall apply to all property within a district where the district symbol is combined with the "OZ" (overlay zone) suffix and to all property within the "OZ" (overlay zone) district, when applied as a separate district. In all cases where a plan in an overlay zone district has been approved the "OZ" symbol shall be followed by a number to designate the overlay zone number (e.g., OZ1) and the development that shall be permitted subject to the provisions of the approved overlay zone development plan and the regulations of this chapter.

(Ord. No. NS-2739, § 3, 4-2-07)

The provisions of this division provide alternative standards and regulations to the underlying zoning district, where important site, environmental, safety, compatibility or design issues require additional flexibility. The overlay zone district and suffix is authorized and established for the purpose of protecting and promoting the public health, safety and general welfare of the city and its residents by:

(a)

Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of property, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and development of adjacent and nearby properties.

(b)

Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate mix of uses and value thereof be determined and protected.

(c)

Providing a method whereby overlay zone development plans are to be based on the general plan as well as other regulations, programs, and legislation as may in the judgment of the city be required for the systematic execution of the general plan.

(d)

Recognizing the interdependence of land values and aesthetics and providing a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and encouraging excellence of property development, compatible with the general plan for, and character of, the city, with due regard for the public and private interests involved.

(e)

Ensuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces.

(Ord. No. NS-2739, § 3, 4-2-07)

When the "OZ" symbol is applied as a suffix in combination with the district symbol, the overlay zone regulations are intended to apply only to those proposed uses which are permitted or conditionally permitted in the overlay zone to which the suffix is combined. In any case where the development project does not choose to adhere to the overlay zone, the standards and regulations of the underlying zoning district shall apply.

(Ord. No. NS-2739, § 3, 4-2-07; Ord. No. NS-2803, § 11, 6-21-10)

Any matter which cannot be resolved solely by reference to the adopted overlay zone ordinance shall be governed by the provisions of this chapter.

(Ord. No. NS-2739, § 3, 4-2-07)

(a)

Any application for a permit for a building or structure in any district combined with the OZ suffix shall be accompanied or preceded by the filing with the planning manager of the overlay zone site plan as described in subparagraph (1) below. Any application for a permit for a building or structure in the OZ district shall be accompanied or preceded by the filing with the planning manager of an overlay zone site plan which shall be one of either of the following types:

(1)

A plan consisting of architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and in addition, such other plans, drawings or information as may be determined by the planning manager to be necessary to fully evaluate any requirement for a building permit;

(2)

A plan consisting of standards and regulations pertaining to the following:

(i)

The height, location, and bulk of buildings:

(ii)

The location, arrangement and configuration of open space and building setback;

(iii)

The location and design of off-street parking areas;

(iv)

The number, size, and location of all signs;

(v)

Such other regulations and standards as may be necessary to accomplish the purposes and intent of this division or to insure the proper execution of the general plan.

(b)

Upon receipt of an overlay zone site plan by the planning manager, the same shall be referred to the planning commission for review and recommendations. The planning commission shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the neighborhood and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the neighborhood.

(Ord. No. NS-2739, § 3, 4-2-07)

No permit for a building or structure shall be issued for any property subject to the provisions of this division until the following requirements have been met:

(a)

If the property is within a zoning district classification combined with an OZ suffix and the applicant wants to apply the overlay zone, the applicant must obtain for said property an overlay zone site plan review permitting use of the property in accordance with an overlay zone plan.

(1)

Said site plan review permit shall be approved, conditionally approved, or denied by the planning commission in accordance with the provisions of article V of this chapter applicable to a conditional use permit.

(2)

After the city council has completed the review of the written finding of fact of the planning commission pursuant to section 41-642, the property shall be subject to the standards and regulations of the overlay zone and any overlay zone site plan review conditions of approval.

(3)

All development shall be in compliance with all conditions of approval prior to issuance of a utility release by the executive director of the planning and building agency.

(4)

Upon the issuance of the utility release or the certificate of occupancy, whichever comes first, the executive director of planning and building shall amend the sectional district map to reflect the overlay zone as the sole zone on the property.

(b)

If the property is within an OZ district, the overlay zone plan must be adopted by ordinance of the city. Such ordinance, in addition to adopting the overlay zone site plan, shall specify the uses permitted on such property, together with any restrictions or conditions pertaining to such uses.

(c)

If an overlay zone site plan of the type specified in subparagraph (2) of section 41-595.3(a) as consisting of standards and regulations is approved, the applicant must thereafter prepare plans and drawings as specified in paragraph (1) of said section in conformity with such overlay zone plan and obtain approval thereof by resolution of the planning commission after review and recommendations by the planning manager. No building permit or utility release shall be issued except for development in accordance with such approved plans and drawings.

(Ord. No. NS-2739, § 3, 4-2-07; Ord. No. NS-2803, § 12, 6-21-10)

(a)

The overlay zone site plan shall be submitted in the form required by the planning manager and shall be accompanied by a filing fee in such amount as the city council shall from time to time determine by resolution, except that all governmental agencies are exempted from the fee requirement.

(b)

The planning manager shall give or cause to be given notice of the time and place of such hearing by mailing notices at least ten (10) days prior to the date of such hearing to the owners of all property within three hundred (300) feet of the boundaries of the property, as shown on the latest available tax roll. The names and addresses of such owners shall be provided by the applicant at the time the plan is filed.

(c)

Upon the date set for hearing the planning commission may hear or continue the matter. If a date for the continued hearing is announced in open meeting, no further notice thereof need be given.

(Ord. No. NS-2739, § 3, 4-2-07)