The district regulations contained in this chapter shall be subject to the provisions and exceptions contained in this article.

(Code 1952, § 9240; Ord. No. NS-455, § 1, 6-20-60)

(a)

Every main building or group of buildings shall be located and maintained on a "lot" as defined herein.

(b)

The following accessory uses, in addition to those hereinabove mentioned, shall be permitted in any district, provided that such accessory uses do not alter the character of the premises in respect to their use for the purpose permitted in such respective district:

(1)

The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions permitted in the respective districts.

(2)

Recreation, refreshment and service buildings in parks, playgrounds and golf courses.

(c)

If any use is for any reason omitted from those specified as permissible in any district, or if ambiguity arises concerning the approximate classification of a particular use within the meaning and intent of this chapter, it shall be the duty of the planning director to ascertain all pertinent facts concerning such use and determine into which district such use shall be classified. The planning department shall file with the clerk of the council, the director of building and safety and the zoning administrator, a copy of the facts which indicate into which district a particular use should be classified. Such decision may be appealed to the planning commission whose decision may be appealed to the city council.

(Code 1952, § 9241; Ord. No. NS-455, § 1, 6-20-60)

(a)

There are established separate and distinct height districts I and II in which are contained special provisions allowing structures to exceed the maximum height permitted in the applicable land use districts.

(b)

Unless otherwise designated on the appropriate sectional district maps, all land within or subsequently annexed or incorporated into the city is declared to be in height district I.

(c)

All lots within height district I shall be subject to the following height exceptions and regulations:

(1)

On any lot or portion of a lot in the A1, RE, R1, R2, R3, R3H and R4 districts, no structure shall exceed the height therein specified.

(2)

On any lot or portion of a lot in the P, C1, C2, C4, C5, CR, M1, M2, LM, CM, O, and GC districts:

(i)

No structure shall exceed thirty-five (35) feet in height within one hundred forty (140) feet of any property used or zoned for residential purposes.

(ii)

Any structure on a lot or portion of a lot contiguous to or separated by a street, alley, flood-control channel or ditch, pedestrian walkway, or railroad right-of-way from property used or zoned for residential purposes may exceed thirty-five (35) feet in height, provided that no part of said structure, exclusive of the first thirty-five (35) feet of height from street grade, intercepts a plane that rises one (1) foot in every four (4) lineal feet drawn from the nearest point of each property in the aforementioned districts toward the interior of the building site whereon it is proposed to erect a structure in excess of thirty-five (35) feet in height.

Further, there shall be provided and maintained along all such property lines or zone boundary lines mentioned hereinabove a fifteen-foot landscaped strip. When said landscaped strip is contiguous to or is separated from a property used or zoned for residential purposes by any of the aforementioned ways other than a street, said landscaping shall include not less than one (1) tree for every ten (10) lineal feet of said landscaped strip. Said trees shall be twenty-four-inch box size at time of planting.

(iii)

In addition to (i) and (ii) above, each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from one (1) or the other or from both side property lines not less than a combined total distance equal to one-half (½) of the overall height of the structure, signs included. Further, each part of the structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from the front or back or from both the front and the back property lines not less than a combined total distance equal to one-half (½) of the overall height of the structure, signs included.

(d)

All lots within height district II shall be subject to the following height exceptions and regulations:

(1)

Any structure may exceed thirty-five (35) feet in height if both of the following provisions are complied with:

(i)

Each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from one (1) or the other or from both side property lines not less than a combined total distance equal to one-half (½) of the overall height of the structure, signs included.

(ii)

Each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from the front or the back or from both the front and the back property lines not less than a combined total distance equal to one-half (½) of the overall height of the structure, signs included.

(e)

On any lot or portion of a lot not used or zoned for residential purposes, towers, including radio and television antennas, gables, spires, scenery lofts, cupolas, water tanks, silos, covering not more than ten (10) per cent of the ground area of the buildings at the base thereof, artificial windbreaks, windmills and similar structures, and necessary mechanical appurtenances may be built and used to a greater height than the limit established for the district in which such structures are located, provided, however, that no structure in excess of the allowable building height shall be used for sleeping or eating quarters, or for any commercial purpose other than such as may be incidental to the permitted use of the main building. On any lot or portion of a lot used or zoned for residential purposes, all such structures and appurtenances shall be considered to constitute part of the building or structure for purposes of height determination.

(f)

No accessory structure shall exceed twenty (20) feet.

(g)

This section does not apply to wireless communication facilities.

(Code 1952, § 9242; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-553, § 17, 12-4-61; Ord. No. NS-1226, § 6, 10-7-74; Ord. No. NS-2102, § 2, 2-4-91; Ord. No. NS-2356, § 2, 7-6-98)

The provisions of section 41-602 shall not apply to developments regulated by Article XIII of this chapter.

(Ord. No. NS-1845, § 3, 6-2-86)

There are hereby established within the city certain areas designated and delineated as "height exemption areas" on that certain map adopted by ordinance of the city council and incorporated herein by reference. Notwithstanding anything to the contrary in section 41-602 any other provision of this chapter, there shall be no limitation on the height of any building constructed within a height exemption area; nor shall any yard or building setback requirement which is based upon the height of a building apply to any building constructed within a height exemption area. This section does not apply to wireless communication facilities.

(Ord. No. NS-1822, § 1, 12-16-85; Ord. No. NS-2102, § 3, 2-4-91; Ord. No. NS-2356, § 2, 7-6-98)

(a)

Any lot shown upon an official subdivision map duly approved by the city council and recorded in the office of the county recorder, or any lot for which a recorded contract of sale was in full force and effect prior to June 3, 1954, and the deed is so recorded in the office of the county recorder, may be used as a legal building site, subject to the conditions, limitations, and restrictions governing the district in which it is located.

(b)

The following exception to yard requirements shall be applied with respect to all buildings, structures, and uses permitted in the A1, RE, R1, R2, R3, and P districts: Where forty (40) percent or more of the lots along any block, excluding reverse corner lots and key lots, are developed with buildings, the required front yard for any new building or alteration to an existing building shall be not less than the arithmetical average of the front yards of said buildings. In computing said average front yard, main buildings situated entirely on the rear one-half (½) of any lot along said block shall not be included. Notwithstanding this subsection, no front yard shall be less than twenty (20) feet from a front property line.

(c)

In any commercial district, the front and side yards required for dwellings, apartments and hotels may be waived when such uses are erected above the ground floor of a building when said ground floor has no required front and side yard.

(Code 1952, § 9243; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-521, § 8, 6-19-61; Ord. No. NS-618, §§ 1, 2, 10-15-62; Ord. No. NS-635, §§ 9, 10, 3-4-63; Ord. No. NS-932, § 1, 8-19-68; Ord. No. NS-944, § 1, 12-2-68; Ord. No. NS-2111, § 51, 4-1-91; Ord. No. NS-2710, § 22, 5-1-06; Ord. No. NS-3084, § 24, 9-16-25)

(a)

At each end of a through lot there shall be a front yard of a depth required by this chapter for the district in which the respective street frontage is located; provided, however, that there may be an accessory building in one (1) of such front yards in accordance with subsection (c).

(b)

Where a through lot has depth of one hundred fifty (150) feet or more, said lot may be assumed to be two (2) lots with the rear line of each approximately equidistant from the front lot lines; provided, however, that each portion shall then be treated as a separate lot insofar as the provisions of this chapter apply, and provided that such lots were recorded and held under separate ownership prior to December 31, 1939.

(c)

Where a through lot has depth of less than one hundred fifty (150) feet, an accessory building not exceeding one (1) story or fourteen (14) feet in height may be located in one (1) of the required front yards if such building is at least five (5) feet from any side lot line and a distance of at least ten (10) per cent of the lot depth from the street line abutting the front yard in which such building is to be located; provided, however, that such accessory building shall not project beyond the front yard line established by procedures set forth in this chapter, but such accessory building need not be located more than twenty (20) feet from the street line.

(Code 1952, § 9243.1; Ord. No. NS-932, § 1, 8-19-68; Ord. No. NS-2710, § 23, 5-1-06)

(a)

Cornices, eaves, chimneys, and similar architectural features may extend into the required yards of the A1, RE, and R1 districts as follows: A distance not to exceed forty-eight (48) inches into any required front, rear, and/or side yard of the street side of a corner lot; and a distance not to exceed eighteen (18) inches into any other required side yard. The aforesaid architectural features may extend into the required yards of the R2 and R3 districts as follows: A distance not to exceed forty-eight (48) inches into any required front, rear, and/or side yard of the street side of a corner lot; and a distance not to exceed six (6) inches into any other required side yard.

(b)

A wholly or partly enclosed covered patio attached to a residence shall maintain the same yards as required for the main building, except as set forth in subsection (c). A patio with a roof having open-frame or eggcrate construction shall be considered a covered patio.

(c)

A landing place may extend into any yard to a distance of six (6) feet across one-half (½) of the width or depth of the lot; provided that such landing place shall have its floor no higher than the entrance floor of the building. Stairs leading from the ground to said landing place may project beyond said six (6) feet. Further, an open railing no higher than three (3) feet may be placed around said landing place. A covered patio may encroach up to ten (10) feet into the required rear yard. Nothing herein shall prohibit the extension of an unenclosed, nonroofed, open patio into any and all required side and rear yards.

(d)

Any cornice, eave, chimney, or similar architectural feature, patio cover or canopy may extend into any other required open space provided for in this chapter, other than required yards, a distance not to exceed two (2) feet; provided, however, nothing herein shall prohibit the full extension of an uncovered patio into said required open space.

(Code 1952, § 9243.2; Ord. No. 932, § 1, 8-19-68; Ord. No. NS-2111, § 52, 4-1-91; Ord. No. NS-2710, § 24, 5-1-06)

(a)

On an interior lot an accessory building up to fifteen (15) feet in height shall have a side and rear yard of not less than three (3) feet, and an accessory building over fifteen (15) feet in height shall have a side yard of not less than five (5) feet and a rear yard of not less than ten (10) feet, except if the lot rears and/or sides upon an alley, said accessory building, if a garage, shall maintain a distance of not less than twelve (12) feet from the center line of the alley.

(b)

On a corner lot an accessory building may be built not less than ten (10) feet to the lot line on the street side of the lot, and shall maintain the same rear and side setback requirements based on the height of the accessory building as set forth in subsection (a).

(c)

On a reversed corner lot an accessory building located in a required rear yard shall not extend beyond the required front yard line of the lot to the rear.

(d)

When any rear lot line or portion thereof is a side lot line of a key lot, an accessory building shall be not less than five (5) feet from said line.

(e)

There shall be a minimum 20-foot drive clearance between any property line abutting a street and the entrance of a garage.

(Code 1952, § 9243.3; Ord. No. NS-932, § 1, 8-19-68; Ord. No. NS-2111, § 53, 4-1-91; Ord. No. NS-2710, § 25, 5-1-06)

(a)

For an attached accessory garage, carport, or other accessory building, including an open breezeway, patio cover or trellis, the same yards shall be maintained as are required for the main building except as provided in subsection 41-606(e).

(b)

No provision set forth in this chapter shall permit any violation of any setback established as prescribed in article VII of this chapter.

(c)

Where property fronts, sides, or rears onto any primary street, as shown on the adopted master plan of streets and highways, the required front, rear, or side yard for the district in which said property is situated shall be measured from the future right-of-way line adopted for such primary street; provided, however, with respect to the determination of required front yard for a lot zoned A1, RE, R1, R2 or and fronting on such primary street, where forty (40) per cent or more of the lots along that block, excluding reverse corner lots and key lots, are developed with buildings, then paragraph (2) of subsection (b) of section 41-603 shall apply.

(d)

The front yard on key lot in any residential district shall be not less than three-fourths (¾) the required front yard for the district in which located.

(e)

No part of any yard shall be used for the off-street parking of motor vehicles, trailers (which shall, for purposes of this subsection (e), include but not be limited to any vehicle included within the definition of "trailer," "trailer coach" or "camp trailer" as set forth in Vehicle Code sections 630, 635 and 242, respectively), or boats or for storage of personal property, which is:

(1)

The front yard, or a side yard which faces on a street, on any lot used for a single-family or two-family dwelling; or

(2)

Within any area adjacent to a street which is required to be used as a yard by the yard requirements imposed by this chapter; or

(3)

Within twelve (12) feet of the centerline of an alley; provided, however, that driveways providing direct access to a garage accessory to a single-family or two-family dwelling may be used for the parking of operable motor vehicles incidental to such use. Yard areas other than those specified above may be used for the off-street parking of motor vehicles, trailers, or boats and for storage of personal property, provided such use is incidental to the primary use of the lot.

(4)

Nothing in this subsection (e) shall be deemed or interpreted to permit a motor vehicle to park on residential property, which is otherwise prohibited pursuant to subsection (h) of this section.

(f)

Any setback line or required yard, whichever is greater, shall determine the building line.

(g)

There shall be a distance of not less than fifteen (15) feet between detached dwelling units and main buildings.

(h)

In the RE, R1, R2, R3 and R4 districts and at any residential use in a Specific Development zoning district, there shall be no display, storage of materials or supplies, no stock in trade or commodity sold upon the premises, no service rendered, no professional equipment, apparatus or business equipment or trucks kept or stored on the premises, no person, employee, or assistant in connection therewith engaged for services on the premises or dispatched from the premises; and no mechanical equipment used except as is customarily used for housekeeping purposes. For purposes of this subsection (h), the word "truck" shall mean any of the following vehicles (except when kept or stored within a fully enclosed garage):

(1)

A "commercial vehicle" as defined in California Vehicle Code section 260, with a weight in excess of ten thousand (10,000) pounds "gross vehicle weight rating" as defined in California Vehicle Code section 390; or

(2)

A commercial vehicle that exceeds eight (8) feet in total outside width, or seven (7) feet in height (including any load thereon), or twenty-one (21) feet in length in total bumper to bumper length; or

(3)

A "tank vehicle," which shall mean any commercial vehicle that is designed to transport any liquid or gaseous material within a tank that is permanently or temporarily attached to the vehicle or the chassis, including, but not limited to, cargo tanks and portable tanks, as defined in Part 171 of Title 49 of the Code of Federal Regulations (this definition does not include portable tanks having a rated capacity under one hundred (100) gallons), or a motor vehicle holding hazardous wastes or hazardous materials which is required to display placards or markings pursuant to Vehicle Code section 27903; or

(4)

A "general public paratransit vehicle" or a "paratransit vehicle" or a "transit bus" as defined in Vehicle Code sections 336, 462 and 642, respectively, but not a "vanpool vehicle" as defined in California Vehicle Code section 686; or

(5)

A "schoolbus" or a "school pupil activity bus" or a "youth bus" as defined in California Vehicle Code sections 545, 546 and 680, respectively; or

(6)

A "semitrailer" as defined in California Vehicle Code section 660; or

(7)

A pickup truck with a "utility body" as defined in California Vehicle Code section 471; or

(8)

A stake bed truck which shall mean any motor vehicle with a bed surrounded by side rails or endrails or a stake gate; or

(9)

A "utility trailer" as defined in California Vehicle Code section 666; or

(10)

A "watering truck" or a "water tender vehicle" as defined in California Vehicle Code sections 675.5 and 676.5, respectively; or

(11)

"Special construction equipment" vehicles as defined in California Vehicle Code section 565; or

(12)

A "tow truck" or a "tow dolly" as defined in California Vehicle Code sections 615 and 617, respectively; or

(13)

A "tour bus" or a "trailer bus" as defined in California Vehicle Code sections 612 and 636, respectively; or

(14)

A "truck tractor" as defined in California Vehicle Code section 655; or

(15)

An "armored vehicle" as defined in California Vehicle Code section 115; or

(16)

A "taxicab" as defined in Article II of Chapter 32 of the Code, commencing with section 32-3.

This subsection (h) shall not apply to any vehicle which is making pickups or deliveries of goods, wares and merchandise from or to any building or structure; except when the building or structure is used as a home occupation as defined in section 41-192.1 et seq. of the Code. Nor shall this subsection (h) apply to any vehicle parked for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure. Nor shall this subsection (h) apply to any vehicle which is screened by a fence or wall from visibility (at ground level) from the public right-of-way, so long as the vehicle does not violate subsections (1) or (2) of this subsection (h).

(i)

No wires, ropes, beams, boards or similar connecting material or device, which is attached to any building or structure or to any appurtenance thereon, including television or radio antennas, shall be attached to or connected with the ground or any fixture within any required front yard setback as provided for in this chapter.

(Code 1952, § 9243.4; Ord. No. NS-932, § 1, 8-19-68; Ord. No. NS-1226, § 4, 10-7-74; Ord. No. NS-1470, § 1, 8-20-79; Ord. No. NS-2111, § 54, 4-1-91; Ord. No. NS-2419, § 2, 2-22-00; Ord. No. NS-2457, § 6, 1-2-01)

The following modifications in yard regulations may be undertaken:

(a)

Since the general yard provisions of this chapter have to be applied to numerous types of conditions and shapes of parcels occasioned by varying street layouts and subdivisions of property, it is not advisable to attempt to define herein those cases which warrant exceptions and modifications to the general yard requirements of this chapter, therefore, authority is hereby given the zoning administrator, as a part of his administrative function, to determine in writing the application of the specific requirements of this chapter in harmony with their purpose and intent so that the spirit of the chapter shall be observed, public peace, health, safety, and welfare secured, and substantial justice done under the following circumstances:

Where the application of yard regulations cannot be determined or may be interpreted in more than one way as to cause confusion in the administration of such regulations or general yard provisions with respect to irregularly shaped lots such as those resulting from some angular or curved streets, particularly triangular or irregular shaped lots with more than four (4) lot lines, or reverse corner lots developed in such a manner where the front yard is unclear such regulations or provisions may be modified or interpreted by the zoning administrator in writing as to an individual lot or to all lots of similar type involving a common problem and the building shall be governed by such interpretation. No fence or accessory building, the location of which is determined in whole or in part by yards, shall be erected or established upon any lot which is so irregularly or oddly shaped as to cause confusion relative to interpretation of such regulations until the yard provisions of this chapter shall have been determined as set forth above.

(b)

Reserved.

(c)

The zoning administrator may, as a part of his administrative function, authorize a ten (10) per cent reduction in required side, front, and/or rear yard provided said determination shall be in writing and show that the reduction is in harmony with the purpose and intent of this chapter.

(d)

The zoning administrator may, as part of his administrative function, authorize a temporary directional sign in permitted districts if said sign complies with all planning department standards set out below. Said authorization shall be in writing with the following conditions of approval:

(1)

That the proposed temporary directional sign be not larger than ten feet by twenty feet (10′ by 20′); said sign shall be nonilluminated in any residential or professional district, and non-flashing in any commercial or industrial district.

(2)

That the sign be not more than thirty-five (35) feet in overall height from the ground.

(3)

That the sign not be located on or project into any existing or future city right-of-way or any building setback.

(4)

That the zoning administrator may grant a six (6) month extension of time at the expiration date of the initial six (6) month period if it has been determined that said extension of time is necessary for the initial sale of homes in the tract. Said extension shall require a five dollar ($5.00) fee.

(5)

That the applicant post a cash bond in the amount determined by the director of building safety and housing to guarantee the removal of each sign at the expiration of the period of the conditional use permit, and that the applicant and/or the owner of the property on which the sign is located enter into an agreement with the city authorizing the city to enter upon the premises, destroy the sign, and declare the cash bond forfeited should said sign not be removed upon the expiration of the conditional use permit.

However, the planning director may determine to circulate public notice and hold a public hearing when a proposed temporary directional sign is so located as to be of importance to the adjoining property owners or be in conflict with the orderly development of the area.

The requirement of a plot plan, cash bond, and legal agreement shall be fulfilled prior to planning department approval of a building permit.

(Code 1952, § 9243.5; Ord. No. NS-932, § 1, 8-19-68; Ord. No. NS-2710, § 26, 5-1-06)

Where a landscape, as defined in section 41-100, is required by the provisions of this chapter, said landscape shall comply with the landscape guidelines and permitting requirements established by the Director of the Planning and Building Agency, which may be amended from time to time, and be continuously maintained by proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants and decorative materials when necessary, and the regular watering of plants.

(Code 1952, § 9244.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-908, § 2, 1-2-68; Ord. No. NS-3038, § 30, 2-7-23)

(a)

All hedges in the RE, R1, R2, R3, R4 and at any residential use in a specific development zoning district, excluding SD No. 19, located within the required front yard or any required landscape area of a parcel shall not exceed four (4) feet in height on those streets defined and designated in the circulation element of the city's general plan as arterial streets and three (3) feet in height on all other streets. As used in this section, "hedge" means a boundary or barrier formed by a dense row of shrubs or trees designed to enclose, divide or protect an area covering at least fifty (50) per cent of the linear frontage of a parcel.

(b)

All landscape planters in the RE, R1, R2, R3, R4 and at any residential use in a specific development zoning district, excluding SD No. 19, located within the required front yard or any required landscape area of a parcel shall not exceed eighteen (18) inches in height. As used in this section, "landscape planter," means a wall used to enclose, divide or protect an area designed to be filled with landscaping.

(Ord. No. NS-2433, § 2, 6-19-00)

(a)

All walls and fences located in the RE, R1, R2, R3, R4, and at any residential use in a specific development zoning district, excluding SD No. 19, shall not exceed the following:

(1)

Front yard fences four (4) feet in height on those streets defined and designated in the circulation element of the city's general plan as arterial streets and three (3) feet in height on all other streets, measured from the top of the curb or established grade upward.

(2)

All other walls and fences shall not exceed eight (8) feet in height, measured from the top of the curb or established grade upward.

(3)

In other districts, walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area.

(b)

In the RE, R1, R2, R3, R4, and at any residential use in a specific development zoning district, excluding SD No. 19, no front yard fence over eighteen (18) inches in height shall be constructed without the issuance of a permit therefore by the planning and building agency. The permit shall be issued if the fence conforms to the following provisions:

(1)

Front yard fences shall be composed of only the following materials: wood; wrought iron; tubular steel, stone; brick; stucco; or decorative block such as slump stone or split-faced block;

(2)

Spikes, stakes or other sharp metal objects shall not be permitted;

(3)

Arbors located in the required front yard or required landscaped area shall only be permitted over walkways, and shall not exceed ten (10) feet in height, six (6) feet in width and three (3) feet in depth.

(c)

Any wall or fence expressly permitted by this section or any other section of this chapter shall comply with the provisions set forth in chapter 36 of this Code.

(d)

In the RE, R1, R2, R3, R4, and at any residential use in a specific development zoning district, excluding SD No. 19, chain link fencing material is not permitted except in a rear yard or side yard which is not viewable from a public street.

(e)

In the RE, R1, R2, R3, R4, and at any residential use in a specific development zoning district, excluding SD No. 19, barbed wire is not permitted as part of a wall or fence.

(f)

As used in this section, the following terms shall have the following meanings:

(1)

Fence or wall shall mean a barrier which serves to enclose, divide, or protect an area, or is used to prevent intrusion from the outside of a parcel to the interior of such parcel, exclusive of any such barrier which forms part of a building or structure.

(2)

Front yard fence shall mean a fence or wall (as defined in this section) within the required front yard or any required landscape area of a parcel, built from permitted materials and designed and constructed so as to permit visibility between or through fence elements over eighteen (18) inches in height. Those portions of the front yard fence eighteen (18) inches in height and lower may be constructed of opaque or solid materials. Elements over eighteen (18) inches in height shall be spaced no closer than four (4) inches apart, with each member no wider than four (4) inches across. Elements wider than four (4) inches across shall be considered pilasters. Pilasters may be no wider than sixteen (16) inches across, and may be no closer than eight (8) feet on center. except for pilasters supporting a four-foot wide maximum entry gate.

(3)

Barbed wire includes both straight-line and looped ("concertina") varieties.

(4)

Public street does not include alleys.

(5)

Arbor means a decorative framework or structure formed of vines, branches, or lattice work.

(Code 1952, § 9244; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1756, § 9, 1-7-85; Ord. No. NS-1892, § 1, 4-6-87; Ord. No. NS-2433, § 3, 6-19-00)

(a)

In the industrial and commercial zones, walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area.

(b)

On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five (5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height limitations prescribed in subsection (a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare.

(c)

Barbed wire is not permitted as part of a wall or fence except as follows:

(1)

In the M1, M2 and LM districts: barbed wire is permitted subject only to the restrictions set forth hereinafter.

(2)

In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear year or side yard which is not viewable from a public street and is subject to the restrictions set forth hereinafter.

(3)

Barbed wire may not be used above the height limitations set forth in subsection (a) of this section.

(4)

Barbed wire may not be used as part of any wall or fence which is adjacent to property used for residential purposes or to property which is used as a school, church, park, or youth center.

(d)

Electric fences shall only be permitted in the M1 and M2 districts subject to the issuance of a minor exception pursuant to Article V of this chapter and shall meet the requirements set forth in California Civil Code Section 835 and below:

(1)

Electric fences shall only be permitted on properties abutting a railroad right-of-way.

(2)

Electric fences shall be located at least one hundred and fifty (150) linear feet from a property used for residential or public park use, or any property zoned for such a use, or schools (K-12) as defined by Section 11362.768 of the Health and Safety Code.

(3)

Electric fences are only permitted in a rear or side yard which is not viewable from a public street.

(4)

No electric fence shall be permitted, installed, or used unless it is completely surrounded and screened by a nonelectric wall that is at least six (6) feet in height. In no case shall the electric fence encroach into any required setback area.

(5)

Electric fences may exceed the height of the surrounding nonelectric wall by up to eighteen (18) inches.

(6)

Any portion of the electric fence extending beyond the height of the surrounding nonelectric screen wall shall be angled away from the property line at a 45-degree upward slope.

(7)

Electric fences shall be set back from existing walls and fences in a manner so as to prevent accumulation of debris and to prevent unsafe conditions from forming in any resulting gap from the setback required by this subsection.

(8)

In no case shall an electric fence exceed the maximum fence height established in subsection (a).

(9)

Electric fences shall be installed to be as minimally intrusive as possible.

(10)

No electric fence shall be energized during advertised business hours.

(11)

Electric fences shall be identified by prominently placed warning signs that are legible from both sides of the fence. At minimum, the warning signs shall meet all of the following criteria:

(A)

The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding thirty (30) feet.

(B)

The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.

(C)

The warning signs are marked with written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written or commonly recognized symbol about the danger of touching the fence in wet conditions.

(12)

Electric fences equipped with monitored alarm systems may require an alarm use permit.

(13)

Accessibility to emergency personnel and first responders must be maintained through the use of a knox box or other access feature as determined by the Orange County Fire Authority and the Santa Ana Police Department.

(14)

The applicant and property owner shall enter into an agreement holding the City of Santa Ana harmless from all legal actions that may arise due to the operation of the electrified fence. The agreement shall be recorded with the property and shall release the City of Santa Ana from all liability whatsoever.

(Ord. No. NS-1732, § 49, 6-25-84; Ord. No. NS-1756, § 10, 1-7-85; Ord. No. NS-2275, § 21, 12-18-95; Ord. No. NS-2433, § 4, 6-19-00; Ord. No. NS-2803, § 13, 6-21-10; Ord. No. NS-3035, § 15, 12-20-22; Ord. No. NS-3038, § 31, 2-7-23)

(a)

Any district or any part thereof regulating the use of land established under articles II and III of this chapter may be modified, either at the time the zoning is first established, or by amendment, by the district designation "B," adding as a use permitted in that zone, subject to a conditional use permit, the exclusive parking of motor vehicles in connection with any commercial use or for private parking.

(b)

The following shall not be permitted when property is used for parking pursuant to the "B" suffix:

(1)

The storage of new or used vehicles for sale or lease;

(2)

The sale of hydrocarbon substance or any other property;

(3)

Servicing or repair of motor vehicles.

(Code 1952, § 9245; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-521, § 9, 6-19-61; Ord. No. NS-1064, § 1, 2-1-71; Ord. No. NS-1226, § 3, 10-7-74; Ord. No. NS-1756, § 11, 1-7-85; Ord. No. NS-2386, § 1, 6-7-99)

(a)

The following development standards shall apply to property when used for parking pursuant to the "B" suffix:

(1)

All parking areas shall [be] appropriately drained and paved, meeting specifications of the executive director of the public works agency.

(2)

Vehicle access to and from the parking area shall not be from a street which provides access primarily to nearby residentially zoned property.

(3)

All site lighting shall be arranged as to not unreasonably interfere with adjacent residences.

(4)

When the property in question abuts property used or zoned for residential purposes, a six-foot high masonry wall shall be erected between said property and [the] residential property; however, the masonry wall shall not exceed four (4) feet in height between the front property line and the established building line of adjacent residential property.

(5)

Landscaping shall be provided for in the manner as described by section 41-618, article IV of this chapter with the following additional requirements:

a.

A minimum ten-foot wide landscape strip shall be planted and maintained where the off-street parking area abuts any public street providing access primarily to nearby residentially zoned property.

b.

Landscaping shall be installed and maintained in off-street parking areas having combined area equal to at least five (5) per cent of the total area used for parking and vehicle access.

c.

When said "B" modified lots would otherwise be contiguous to property zoned RE, R1, R2, R3, R3H, or R4 were it not for their separation by a street, a four-foot high decorative wall shall be constructed to the rear of the required ten-foot boundary landscaping.

(b)

In addition to the development standards imposed by subsection (a) of this section, additional conditions may be imposed pursuant to the conditional use permit in the same manner as other conditional uses pursuant to article V of this chapter.

(c)

A fully dimensioned site plan showing all parking spaces, vehicle access and landscaping treatment shall be submitted in duplicate as part of the conditional use permit application.

(Ord. No. NS-2386, § 2, 6-7-99)

No person shall erect, establish or maintain within an agricultural, residential or commercial district, any oil well or derrick, or the business of drilling or operating for the discovery or production of oil, gas, hydrocarbons, or other kindred substances.

No person or entity shall conduct any surface-based survey for the discovery of oil or hydrocarbons, or similar substance without receiving and holding a valid permit to do so from the director of public works. Such permit may be sought by use of the following procedures:

(1)

Any person or entity seeking a permit to conduct a surface-based survey for the discovery of oil or hydrocarbons, or similar substances shall file an application therefor with the director of public works. Said application shall be accompanied by a fee of five dollars ($5.00).

(2)

The applicant, in addition to completing the application, shall answer any relevant questions concerning either himself or the proposed survey operation.

(3)

The director of public works shall issue the permit if he shall be satisfied that the proposed survey operation will not interfere with the comfort and repose of the citizens of the community or damage property by the creation of excessive vibration, noise or other phenomena; or unduly interfere with vehicular traffic within the city. The permit will be limited as to area and time of operation, and may be subject to such conditions as the director of public works feels are necessary to protect the public interests.

(4)

The issuance of a permit may be subject to:

(a)

The permittee's furnishing a cash or surety bond conditioned upon his operation's being performed in conformance with the permit issued;

(b)

The permittee's providing the City of Santa Ana with a certificate or public liability and property damage insurance naming the City of Santa Ana as an additional insured for the permitted survey operation in an acceptable amount.

(5)

following the issuance of a permit, if the permittee fails or refuses to comply with any of the conditions of the permit, the director of public works shall forthwith revoke the permit and declare any bond forfeited.

(6)

Should the director of public works deny an application for a permit or revoke a permit and forfeit any security thereunder, the aggrieved party may appeal to the city council by filing a notice of appeal with the clerk of the council. The clerk shall place the matter on the agenda of the next regularly scheduled meeting if the notice of appeal is filed at least ten (10) days prior to said meeting, and in the event it is not, it will then be placed on the agenda of the meeting thereafter.

(7)

When the director of public works finds that any person holding a permit under the provisions of section 41-612 of Chapter 41 has violated the provisions of this section he may revoke such permit. No such revocation shall become effective until the permit holder has been notified in writing by certified mail of his right to appeal the revocation decision pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the revocation shall be effective only upon final decision of the city council. In the event that the decision of the director of public works revoking the permit is sustained after timely appeal, or if no appeal is filed, the security deposit is forfeited.

(Code 1952, § 9246; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-961, § 1, 4-7-69; Ord. No. NS-1235, § 17, 12-9-74)

Editor's note— Ord. No. NS-2091, § 2, adopted Nov. 19, 1990, repealed former §§ 41-613—41-617(nn), which pertained to off-street parking requirements. For similar new provisions, see Art. XV of this chapter. Formerly, such sections derived from §§ 9247—9247.4, 9247.4(e)—9247.4(jj) of the city's 1952 Code, as amended by the following legislation:

Editor's note— Ord. No. NS-2275, § 22, adopted Dec. 18, 1995, repealed § 41-618, which pertained to landscaping requirements and derived from Ord. No. NS-1078, §§ 1, 2, adopted May 3, 1971; Ord. No. NS-1226, § 2, adopted Oct. 7, 1974; Ord. No. NS-1674, § 15, adopted March 21, 1983; and Ord. No. NS-1860, § 11, adopted Sept. 15, 1986.

(a)

No addition shall be made to a residential building if such addition would promote the ability of the owner or occupant of the building to create an illegal additional dwelling unit in the building.

(b)

The planning manager is authorized to issue guidelines implementing subsection (a) of this section.

(c)

Any decision of the planning manager that a proposed addition violates subsection (a) of this section may be appealed to the planning commission, whose decision on the matter shall be final.

(Ord. No. NS-2263, § 1, 9-18-95)

Editor's note— Prior to the re-establishment of § 41-619 by Ord. No. NS-2263, § 1, adopted Sept. 18, 1995, the section was part of the reserved sections described under §§ 41-619.1—41-619.12 below.

Editor's note— Ord. No. NS-1721, § 5, enacted April 2, 1984, repealed §§ 41-619—41-619.12, relative to the location, size, number and type of signs permitted in the city. Said sections were derived from Ord. No. NS-1025, § 1, adopted Aug. 3, 1970; Ord. No. NS-1186, § 4, adopted Oct. 1, 1973; and Ord. No. NS-1226, § 1, adopted Oct. 7, 1974.

Editor's note— Ord. No. NS-2116, § 7, adopted Mar. 18, 1991, repealed §§ 41-619.13—41-619.17, which pertained to amortized nonconforming signs and derived from Ord. No. NS-1025, § 1, adopted Aug. 3, 1970; Ord. No. NS-1210, §§ 1, 2, adopted Sept. 9, 1974; and Ord. No. NS-1721, § 4, adopted Apr. 2, 1984.

Editor's note— Sections 41-619.55 and 41-619.56, dealing with the location of and specifications for off-premises advertising signs, were repealed by Ord. No. NS-1722: § 2, enacted April 16, 1984. Said sections were derived from Ord. No. NS-1040 § 1, adopted Sept. 21, 1970, and Ord. No. NS-1210, § 3, adopted Sept. 9, 1974.

(a)

As used in this section, the following terms shall mean:

(1)

"Department" shall mean the department of planning and development services.

(2)

"Factory-built house" shall mean that term as defined in Section 19971 of the Health and Safety Code of the state.

(3)

"Manufactured home" shall mean that term as defined in Section 18007 of the Health and Safety Code of the state.

(4)

"Mobile home" shall mean that term as defined in Sections 18008 and 18817 of the Health and Safety Code of the state; and such term shall include a "new mobile home," as defined in Health and Safety Code, Section 18009, as well as a "used mobile home," as defined in health and Safety Code, Section 18014.

(5)

"Person" shall mean any individual, individuals, partnership, unincorporated association, corporation, or other type of firm or entity.

(6)

"Relocated residential building" shall mean any existing building or structure used for residential purposes, wherever located, which is proposed to be moved or relocated to a lot or parcel in the city, which lot or parcel is situated within the R1, R2, R3, R3H, RE or P Districts.

(7)

"Residential structure" shall mean and include any factory-built house, manufactured home, mobile home, or relocated residential building as defined hereinabove.

(b)

No person shall move or relocate any residential structure onto any lot or parcel situated within the R1, R2, R3, R3H, RE or P districts, unless such person has first obtained a permit from the zoning administrator in accordance with the provisions of this section.

(c)

Applications for a permit shall be in writing and filed with the department upon forms provided by the department and shall include the following information:

(1)

Name of street and official house number, the name of the tract or block number and zone use legend, the lot or parcel number and its dimensions, including where the residential structure is proposed to be placed on the lot or parcel.

(2)

A description of the structural characteristics of the building.

(3)

A plot plan, indicating the dimensions of all existing and proposed building locations, yards and setbacks.

(4)

The estimated value of the residential structure.

(5)

A floor plan, indicating the minimum floor space area of each room within the residential structure, excluding porches, breezeways and garages.

(6)

A list of the names and addresses of all property owners within three hundred (300) feet of the exterior boundaries of the lot or parcel involved, as shown on the latest available tax roll.

(7)

Such other and further information as the zoning administrator determines is needed to assist him in deciding whether to issue the permit.

(8)

Each application shall be signed by the record owner or owners of the affected lot or parcel, or the duly authorized agent in writing for such owner or owners.

(d)

Each application for a permit shall be accompanied by a filing fee in an amount to be established by resolution of the city council.

(e)

Upon the filing of an application for a permit, the zoning administrator shall set the application for a hearing before him which is to be held not less than twenty-one (21) days after the date of filing.

(f)

The zoning administrator shall give or cause to be given notice of the date, time and place of such hearing by mailing a notice to the person filing the application at least five (5) days prior to the date of such hearing. In additional, the zoning administrator may give such notice to any other interested person or persons as he deems appropriate.

(g)

Upon the date set for a hearing, the zoning administrator may on that date continue the matter, so long as such continuance is for a reasonable period of time. Any continuance for a period in excess of thirty (30) days from the original date of the hearing shall require the concurrence of the applicant. If a date for a continued hearing is thereupon announced by the zoning administrator in open hearing, no further notice thereof need be given by the zoning administrator to the applicant.

(h)

If he finds that each of the following requirements have been met, the zoning administrator shall approve the application and grant the permit:

(1)

The residential structure proposed to be moved or relocated is comparable in value, size (square footage of liveable floor space, excluding porches, breezeways and garages), structural quality, type of construction, design, appearance, and overall physical upkeep and condition, to residences located in the area adjacent to, or in the immediate vicinity of, the lot or parcel on which the residential structure is proposed to be moved or relocated.

(2)

That moving or relocation of the residential structure will not be detrimental, decrease or diminish the value of real properties located adjacent to, or in the immediate vicinity of, the lot or parcel on which the residential structure is proposed to be moved or relocated.

(3)

That the move or relocation of the residential structure will comply with the regulations and conditions specified in the zoning district in which the affected lot or parcel is situated.

(4)

That approval of the permit will not adversely affect the general plan of the city, or any specific plan of the city applicable to the lot or parcel on which the residential structure is proposed to be moved or relocated.

(i)

If the zoning administrator does not find that all of the requirements set forth in subsection (h) have been met, he shall deny the application for the permit.

6)

In granting a permit, the zoning administrator may impose such conditions, including requiring modifications to the design and appearance of the residential structure, as are necessary to assure compatibility with existing housing in the area adjacent to, or in the immediate vicinity of, the affected lot or parcel; or as may be desirable to protect the public health and welfare of the citizens of the city.

(k)

In granting or approving an application for a permit, the zoning administrator shall make a written finding which shall specify all facts relied upon in rendering his decision and in attaching conditions and safeguards. A copy of the decision, together with the written finding of fact, shall be filed with the planning commission, with the department, and mailed to the applicant.

(l)

Within fifteen (15) days from the date of the zoning administrator's decision, the applicant, if the zoning administrator's decision is adverse to the applicant, or any other interested person, may appeal such decision to the planning commission. Such appeal shall be in writing, shall state the reason or reasons why the decision of the zoning administrator is incorrect, and shall be filed with the director of the department upon forms provided by the department. Such appeal shall be accompanied by payment of a fee in an amount to be established by resolution of the city council.

(m)

Upon receipt of an appeal, the director shall present such appeal to the planning commission at its next regular meeting. At such meeting, the planning commission shall set the appeal for public hearing within thirty (30) days from the date of such regular meeting. Not later than ten (10) days prior to the date of said public hearing, the planning commission shall give written notice of the date, time and place of its hearing to all property owners within three hundred (300) feet of the exterior boundaries of the lot or parcel involved, as shown on the latest available tax roll.

(n)

At its public hearing, the planning commission may either affirm, reverse, change or modify the decision of the zoning administrator. The planning commission may continue its public hearing in the same manner as permitted for the zoning administrator pursuant to subsection (g) of this section. In rendering its decision, the planning commission shall be governed by the criteria set forth in subsection (h)(1) through (4) of this section. if the planning commission reverses the decision of the zoning administrator, approves the application and grants the permit, the planning commission may impose conditions to such approval in the same manner as granted to the zoning administrator pursuant to subsection (j) of this section. The decision of the planning commission shall be final with no further right of appeal. The decision of the planning commission shall be filed with the clerk of the council, with the department, and mailed to the applicant.

(o)

The zoning administrator may, after twenty (20) days notice by mail to the applicant and/or record owner or owners of the affected lot or parcel, and after a duly noticed public hearing in accordance with the provisions of subsection (m) of this section, revoke a permit, on any one or more of the following grounds:

(1)

That the permit was obtained by fraud or misrepresentation.

(2)

That the permit has been exercised by the person granted the permit, or his representatives, successors, or assigns, contrary to the terms or conditions of approval, or in violation of any statute, ordinance, law, or regulation not excused by the permit.

(3)

That the permit is being or has been so exercised as to be detrimental to the public health, welfare, or safety or so as to constitute a nuisance.

(p)

The person whose permit has been revoked by the zoning administrator may appeal the decision of the zoning administrator in writing to the planning commission within ten (10) days after such decision by the zoning administrator. The planning commission shall hear said appeal within thirty (30) days after the date such appeal is filed. Public notice of the planning commission's hearing on such appeal shall be given in accordance with the provisions of subsection (m) of this section. The planning commission, after hearing, may affirm, reverse, change or modify the decision of the zoning administrator. A copy of the decision of the planning commission shall be filed with the clerk of the council, with the department, and mailed to the applicant. The decision of the planning commission shall be final with no further right of appeal.

(q)

The requirements of this section shall be in addition to, and not a substitute for, the provisions and requirements set forth in Article VIII (sections 8-1760 to 8-1804) of Chapter 8 of this Code, pertaining to house moving.

(Ord. No. NS-1634, § 2,6-7-82)

No helicopter shall land or take off and no heliport or helistop shall be established in any R1, R2, R3, or R4 District. In any district other than R1, R2, R3, or R4, no helicopter shall land or take off and no heliport or helistop shall be established unless a conditional use permit shall first have been secured for the establishment, maintenance and operation of such use, and then only in conformity with any conditions imposed thereby.

The planning director may approve temporary helistops in any zoning district of the city for a period not to exceed ninety (90) days for use in connection with major construction sites or special events if he determines that such helistops will not unduly interfere with the health, safety and welfare of persons owning property in the surrounding area and be may attach appropriate conditions to such approval.

(Ord. No. NS-1039, § 2, 9-21-70)

Editor's note— Ord. No. NS-1039, § 2, added a new section relating to helicopters, etc., designated § 41-619. At the direction of the city the section was redesignated as § 41-621 inasmuch as § 41-619 had been added to the Code by Ord. No. NS-1025.

All mechanical equipment or appurtenances located on the roof or on the exterior of a building shall be screened.

Every application for a building permit for the development of property shall be submitted to the planning department and shall be accompanied by detailed architectural drawings and plot plans, all to a workable scale, showing the elevation and location of the proposed screening structures or facilities, existing buildings and proposed addition, and any other pertinent information considered appropriate by the applicant or planning director pursuant to this section.

(Ord. No. NS-1159, § 2, 3-19-73; Ord. No. NS-2710, § 27, 5-1-06; Ord. No. NS-2803, § 14, 6-21-10)

(a)

When located outside of a building, no comfort cooling equipment, mechanical absorption equipment, compressor, pump, pool heater and associated equipment shall be located between a building wall and a side property line.

(b)

Strict compliance with the requirements of subsection (a) of this section may be waived by the planning manager if the equipment will be located so as to have no adverse noise impacts on neighboring property.

(Ord. No. NS-2226, § 2, 7-18-94)

(a)

An enclosure for the storage of discarded material containers that are serviced by the city's solid waste collection contractor is required for each commercial or industrial establishment and for each residential development consisting of three (3) or more dwelling units; except that for commercial or industrial establishments sharing vehicular access and parking in an integrated development, a shared enclosure may be provided for each group of four (4) or less such establishments, provided that any such shared enclosure shall be maintained as freely accessible to all establishments originally assigned to share in its use. Enclosures shall be adequate in capacity, number, and distribution to serve the uses on-site.

(b)

Persons applying for a permit from the city for new construction and building additions and alterations shall comply with the requirement that enclosures have adequate space for the city's three-collection container recycling program. Permit applicants for the project types described below must, as a condition of the city's permit approval, comply with the following enclosure requirements and comply with the enclosure design guidelines pursuant to subsections (c) and (d).

(1)

New commercial construction, or additions resulting in an increase of 30 percent or more of the floor area shall provide readily accessible recycling areas identified for the storage and collection of grey container, blue container, and green container or brown container materials, consistent with the three-container collection program offered by the city pursuant to Chapter 16, Article II of this Code, and shall comply with provision of adequate space for recycling for commercial premises pursuant to section 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended.

(2)

New multifamily construction with more than three (3) units shall provide readily accessible recycling areas identified for the storage and collection of grey container, blue container, and green container or brown container materials, consistent with the three-container collection program offered by the city pursuant to Chapter 16, Article II of this Code, and shall comply with provision of adequate space for recycling for multifamily premises pursuant to sections 4.410.2 of the California Green Building Standards Code, 24 CCR, Part 11 as amended.

(c)

All trash and utility areas shall be screened from public streets and alleys and adjacent properties. Trash and utility areas shall be physically integrated into the project and shall include an off-street loading area of three hundred (300) square feet with no single dimension less than ten (10) feet.

(d)

The director of planning and building shall issue standards for the construction of enclosures required by this section, and maintain such standards on file in the department of planning. All enclosures required by this section shall be constructed and maintained in accordance with such standards.

(e)

Ongoing waste enclosure use and maintenance. At a minimum, the following best management practices shall be adhered to:

(1)

The enclosure shall only be used for storage of solid waste, recycling, organic waste and used fats, oils, and grease, as defined in Section 39-50 of this Code. Storage of hazardous waste or any other items inside the enclosure is strictly prohibited.

(2)

All solid waste and used fats, oils, and grease, as defined in Section 39-50 of this Code, shall always be contained within appropriate water-tight, covered containers including secondary containment. A supply of spill response materials designed to absorb leaking fluids and/or cooking oil/grease spills shall be kept near the enclosure.

(3)

Locks can be used for enclosures to avoid contamination and illegal dumping.

(4)

Overfilling solid waste, recycling and/or organics containers is prohibited. Solid waste shall not protrude above the top rim of the container and shall allow for the lid(s) to close fully. Establishments that have more than three (3) instances of overflowing containers within six (6) months may have their service level increased pursuant to Chapter 16, Article II of this Code.

(5)

Solid waste enclosures shall be maintained in good working condition and in the condition that they were approved. Maintenance and cleaning of the solid waste enclosure is the day-to-day responsibility of the occupant or owner of the premises.

(6)

Washing out the solid waste enclosure or waste receptacles to the storm drain system, street, or gutter is prohibited. Wash water shall be directed towards a landscaped area or collected and discharged to the sanitary sewer only. Improper methods of wash water disposal shall be subject to violations of the City's Water Quality Ordinance.

(Ord. No. NS-1674, § 16, 3-21-83; Ord. No. NS-1860, § 12, 9-15-86; Ord. No. NS-3038, § 32, 2-7-23)

(a)

No dish antenna may be installed unless a land use certificate has been issued for such dish antenna pursuant to Article V of this chapter. A land use certificate shall be issued for a dish antenna if and only if the installation of the dish antenna will conform with the standards set forth in this section, subject to modification as provided in subsection (e) hereinbelow.

(b)

The standards for installation of dish antennas on property located in a residential zone or used for residential purposes are as follows:

(1)

The dish antenna shall not be located on any yard or building area which is viewable from any street (including freeways but excluding alleys).

(2)

The dish antenna shall be screened from view from surrounding property by fencing or landscaping.

(3)

The area occupied by a dish antenna shall not be considered as open space, and no dish antenna shall be installed which would cause the property to become nonconforming to any open space requirement of this chapter.

(c)

On property which is neither located in a residential zone nor used for residential purposes, a dish antenna must be screened from view from any street (including freeways but excluding alleys) within one thousand (1,000) feet of the antenna and from any property which is zoned or used for residential purposes.

(d)

Screening pursuant to this section shall be done through landscaping whenever practical. Screening other than landscaping shall be architecturally integrated with the building(s) on the property.

(e)

With regard to dish antennas designed for satellite signal reception, the standards set forth hereinabove shall be modified upon a showing by the applicant that their strict application would operate to impose unreasonable limitations on, or prevent, reception of satellite-delivered signals, or to impose costs on the applicant that are excessive in light of the purchase and installation cost of the antenna. Any such modification shall preserve such screening of the antenna as is compatible with usable satellite signal reception at reasonable cost.

(Ord. No. NS-1755, § 2, 12-17-84; Ord. No. NS-2011, § 1, 7-3-89)

Editor's note— Ord. No. NS-2442, § 2, adopted Sept. 18, 2000, repealed in their entirety the provisions of § 41-625 which pertained to above-ground outside storage of flammable and combustible liquids and derived from Ord. No. NS-1878, § 1, adopted Dec. 15, 1986.

(a)

Notwithstanding any other provision of the ordinance, all projects described below shall be required to install electrical, telephone, community antenna television and similar service wires or cables which provide direct service to the property being developed, added to, or converted, shall, within the exterior boundary lines of such property, be installed underground. Conduits required for telephone or community antenna television shall be installed to utility specifications by the electrical permit holder prior to inspection of electrical conduit.

(1)

When any property is developed with a new or relocated building or structure.

(2)

When an addition is proposed to a single family residence or duplex in excess of fifty (50) percent of the existing floor area.

(3)

When an addition is proposed to a multi-family or non-residential structure in excess of twenty-five (25) percent of the existing floor area.

(b)

For existing single-family and duplex (two-family) structures, a new service meter may be installed without the utility wires and cables being installed underground provided that the new meter to be installed is a dual function service box which may be converted for underground service when appropriate.

(c)

For existing multifamily, commercial, and industrial structures, a change of service may be permitted with a waiver from the requirements of subsection (a), above, if approved by the planning director. Waivers may be granted if, after a review of aesthetic and technical considerations, a determination is made that environmental or other conditions affecting the site make the underground installation of wires or cables unreasonable or impractical. Requests for waivers shall be in writing on forms provided by the planning department. The decision of the designee may be appealed to the planning commission by filing an appeal application to the planning department within ten (10) days. The decision of the planning commission shall be final. The form and content of the waiver application and appeal application shall be determined by the executive director of the planning and building safety agency.

(d)

For existing single-family and duplex (two-unit) structures, a waiver as outlined in subsection (c) may be granted for expansion of the existing structures as referenced in subsection (a), provided no additional dwelling units are created.

(e)

In addition to the waiver provisions of this section outlined in subsections (c) and (d), minor exceptions may be granted from the requirements of subsection (a) of this section for new or relocated buildings or structures subject to the standards set forth in section 41-638.

(f)

Underground utility installations. The requirements of this section shall not apply to construction of new accessory dwelling units provided, however, that all utility cables or wires between the primary residence and a detached accessory dwelling unit shall be placed underground.

(Ord. No. NS-1955, § 1, 4-18-88; Ord. No. NS-2906, § 2, 12-20-16; Ord. No. NS-2940, § 7, 4-3-18)

Cross reference— Underground utilities installation requirements in subdivisions, § 34-82 et seq.; underground utility districts, Ch. 37.

The landscaping requirements for a church shall be the same as set forth in section 41-372 of this chapter regardless of the use district in which the church is located; provided, however, that in the residential use districts the width of the landscaped area adjacent to the street in the front yard shall not be less than the minimum front yard required for residential developments in such districts.

(Ord. No. NS-1978, § 1, 11-15-88)

The zoning administrator may, as a part of his administrative function, authorize:

(1)

The temporary use of trailers for office space which are utilized in conjunction with any permitted use in the P, C1, C2, C4 and C5 districts for a period of time not exceeding two (2) years from the date of approval; provided said determination shall be in writing and show that the temporary office use is in harmony with the purpose and intent of this chapter.

(2)

The construction of open buildings in the C1, C2, and C5 districts; provided said determination shall be in writing and show that the open buildings are not detrimental to the surrounding area and the open portions of the structures are not visible from adjacent properties or public streets.

However, the planning director may determine that a variance is necessary when a proposed temporary office trailer or an open building is so located as to be of importance to the adjoining property owners or to be in conflict with the orderly development of the area.

(Ord. No. NS-1078, § 3, 5-3-71; Ord. No. NS-1226, § 5, 10-7-74; Ord. No. NS-2803, § 15, 6-21-10)