No structure shall be constructed unless open spaces for automobile parking and truck loading and unloading are permanently provided and maintained for the benefit of residents, employees, customers and visitors, within or outside of buildings or in a combination of both, in compliance with this chapter.

(Ord. 376 § 10-4-4 (part), 1967.)

Provisions of this chapter shall apply to all uses and buildings within a "parking and business improvements area" unless specifically modified by the ordinance establishing a "parking and business improvement area." All uses existent upon a parcel as of the effective date of the ordinance establishing a "parking and business improvement area" need not be required to provide additional parking spaces unless such use expands or changes in classification of use with a higher parking load as determined under this chapter. Unless a conditional use permit, variance, or zoning condition is granted under the provisions of this code, all new uses, new buildings or structures, additions, or alterations which increase the need for parking in the "parking and business improvement area" or create a parking deficiency as determined by the building official, planning commission or city council, shall provide additional parking in accordance with the provisions of the ordinance establishing the "parking and business improvement area."

(Ord. 578 § 1, 1983.)

A.

"Gross Floor Area". For the purposes of parking evaluation, "gross floor area" means the interior floor area, in square feet, of a business which is necessary for the operation of that business. "Gross floor area" includes all work areas, hallways, private bathrooms, and storage areas used and necessary for the business to be operated, except for common hallways, private or public bathrooms used by other businesses, and except for unmanned storage areas not open to the public or not normally open during normal business hours.

(Ord. 578 § 3, 1983.)

The required parking shall be provided on the parcel or contiguous parcel where the use is located. For nonresidential uses, the required parking may be provided on a parcel no farther than three hundred feet from the boundaries of the parcel where the use is located, providing, that the parcel is under the same ownership, or is leased for a minimum period of ten years by the owner of the property required to provide the parking, within the city, in the same zone or in a less restrictive zone, and that no major thoroughfare lies between the use and any of the required parking. The required loading shall be provided on the parcel where the use is located and no farther than twenty feet from the building to be served.

(Ord. 557, 1981: Ord. 376 § 10-4-4(B), 1967.)

The layout of parking stalls, loading berths, and parking aisles shall comply with all the following requirements:

A.

The required parking stalls, loading berths, and parking aisles may not be located on any street Right-of-Way.

B.

The required parking stalls, loading berths, and parking aisles, if outdoors, may be located on the required side and rear yards, and within the required front yards up to three feet from the street Right-of-Way.

C.

Each parking stall shall have a minimum size of nine feet by eighteen feet when outdoors and free of obstructions such as columns or walls; ten feet by twenty feet when indoors, or where columns or walls are located within the parking area. Each loading berth shall have a minimum size of twelve feet by thirty-five feet whether indoors or outdoors.

D.

Parking aisles shall have a minimum width of twelve feet when stalls are parallel to the aisle or up to an angle of forty degrees, seventeen feet when stalls are at an angle between forty degrees and seventy degrees, and twenty- three feet when stalls are at an angle between seventy degrees and ninety degrees.

E.

Parking stalls and aisles shall have a maximum grade of seven percent.

F.

Each parking stall and aisle shall have a minimum eight-foot vertical clearance. Each loading stall and access thereto shall have a minimum fifteen-foot vertical clearance.

G.

Each parking stall and loading berth shall have vehicular access to the street, without passing over other parking stalls.

H.

Up to one-third of all parking stalls in private parking lots may be marked "Small Cars Only" and may be eight feet by sixteen feet in dimension.

(Ord. 578 § 2, 1983; Ord. 462 § 1, 1974: Ord. 413 § 3, 1971; Ord. 376 § 10-4-4(C),1967.)

Improvements listed in this section shall be completed prior to the issuance of a certificate of occupancy by the building inspector:

A.

Each parking stall and aisle, except those accessory to one-and two-family dwellings, shall be graded, drained and surfaced, so as to prevent dust, mud or standing water, and shall be identified by pavement markings, to the satisfaction of the city engineer.

B.

Lighting, giving a ground level illumination of one to five footcandles, shall be provided in a parking area during the time it is accessible to the public after daylight. Lighting shall be shielded to prevent glare on contiguous residential buildings.

C.

A minimum four-foot high solid fence, wall or thick hedge shall be permanently maintained between any residential zone and a parking area serving a commercial use, where such area is contiguous to such a zone.

(Ord. 376 § 10-4-4(D), 1967.)

The following number of parking stalls shall be required, to serve the classifications of businesses or buildings listed:

A.

Retail Sales, Office, Bank, Studio, Retail Repair and Service, Eating and Drinking Establishment exclusive of drive-in or outdoor restaurants, Beauty Shops, Barbershops, Personal Service, and other similar uses deemed similar in burden of use with other compatible businesses in the downtown business district. One per two hundred gross square feet of floor area.

B.

Single-Family Dwelling, Residential Condominium, and Limited Multifamily Dwelling with Two to Four Dwelling Units per Structure. Two per dwelling unit.

C.

Multifamily Dwelling with Five or More Dwelling Units per Structure. One and one-half stalls per dwelling unit for studio, one, and two bedroom units. Two stalls per dwelling unit for three or more bedroom units.

D.

Roominghouse, or Boardinghouse, Motel, Hotel. One for each rental unit.

E.

Place of Assembly, Entertainment, Worship, or Mortuary. With fixed seating: One for each four seats.

Without fixed seating: Maximum building occupant load divided by four.

F.

Bowling Establishment. Four for each lane.

G.

Drive-in Eating and Drinking Establishment, Outdoor Restaurant. One per two hundred gross square feet of floor area plus one space for every four seats of maximum outdoor seating capacity with a minimum of five required.

H.

Pool and Billiard Tables, Pinball Machines and other Indoor Recreational Uses with four or more recreational units. Two for each recreational unit such as a table, range or machine.

I.

Miniature Golf Course. Two for each hole.

J.

Bulk Storage, Wholesale, Packing, Manufacturing, Processing, Services, Research or Public Utility. One for each employee of maximum working shift.

K.

Multiple Uses. The sum of the requirements for each use.

L.

Mixed Use Developments Outside of Zone A. When development plans include affordable housing units pursuant to an agreement with long-term affordability covenants and restrictions to maintain housing for low, very low or extremely low income housing, parking required for the residential component of the development may be reduced to one stall per dwelling unit for units less than three bedrooms and to one and one-half spaces for units with three or more bedrooms.

M.

Second Story Residential Units in Zone A. If the landowner enters into an agreement with long-term affordability covenants and restrictions to maintain the housing for low, very low or extremely low income housing, parking required for the residential component of the development may be reduced to one stall per dwelling unit for units less than three bedrooms and to one and one-half spaces for units with three or more bedrooms. If the in-lieu parking fees are triggered for the residential units above commercial establishments, the fee shall be waived.

(Ord. 719 § 1, 1997; Ord. 666 §§ 1, 2, 1991; Ord. 578 § 4, 1983.; Amended by Ord. 832 on 11/16/2015)

A minimum of one loading berth shall be required, in addition to parking stalls, for each five thousand square feet of floor area or part thereof to serve the following uses or buildings: office, bank, studio, retail sale, repair and service, bulk storage, wholesale, packing, manufacturing, processing, services or research, hospital, sanitarium.

(Ord. 376 § 10-4-4 (F), 1967.)

A. This section shall not be construed to preclude the granting of a conditional use permit or parking variance under special circumstances pursuant to Section 17.42.080.

B. All new construction or additions to commercial buildings shall provide the number of parking stalls as required by this chapter.

C. No new parking spaces need to be provided for businesses which are existent and licensed, as of the effective date of Ordinance No. 671, unless such businesses are expanded in building structure, or result in a change in classification of use.

D. In evaluating the parking requirements for change of use, the following guidelines shall be used:

1.

Generally, all changes of use within use classifications listed under Section 17.42.060 having an equal parking requirement need not be required to provide additional parking. However, when the change of use creates a parking demand greater than five parking spaces, or is to a use with a higher parking requirement, then parking shall be provided for as outlined below.

2.

In Benefit Zone A, as defined by Chapter 3.36 of this code, parking need be provided for the new use as required by Section 17.42.060, less a five space credit for public parking provided in the downtown area. Change of use from residential to commercial shall not receive the five space credit, but shall receive credit for the residential parking demand as enumerated by Section 17.42.060.

3.

In Benefit Zone B, as defined by Chapter 3.36 of this code, parking need be provided for the new use as required by the Section 17.42.060, less the parking demand for the previous use as enumerated by Section 17.42.060.

(Ord. 738 §§ 1, 2, 1999; Ord. 671 § 2, 1991.)

When practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this chapter may result from the strict application of this chapter or certain provisions hereof, the council or the commission may grant a conditional use permit or variance, as the occasion may require, to authorize a specific exception to any regulation of this chapter, under the following conditions:

A.

Application for such conditional use permit or variance shall be made in accordance with the procedure specified in Chapter 17.62.

B.

The application must show that the granting of such application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.

C.

The granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing in or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood, and will not be materially detrimental to the comprehensive general plan.

D.

Whenever the planning commission or the city council determines that a variance under this section shall be granted, before that variance is granted, the applicant shall agree to pay a fee to the city in the amount of one thousand five hundred dollars for each parking space that is required but not furnished.

E.

The applicant may request that the city enter into an agreement with the applicant which provides for payment of all fees due in installments over a period not to exceed five years. Installment payments shall not be less than seven hundred fifty dollars plus interest, and shall be due on January 1st and July 1st of each year. The interest rate charged for installment payments shall be the then current prime rate plus two percent.

(Ord. 671 §§ 3, 4, 1991; Ord. 629 § 1 (part), 1987; Ord. 562 § 1, 1982: Ord. 554 (part), 1981: Ord. 526 §§ 1, 2, 1979; Ord. 519, 1978; Ord. 404 § 1, 1970; Ord. 376 § 10-4-4 (G), 1967.)

Installment payments shall become delinquent if not paid on or before January 31st or July 31st of each year.

A.

Original Delinquency. Any applicant who fails to pay any fee imposed by this chapter within the time required shall incur a penalty of ten percent of the amount of the fee.

B.

Continued Delinquency. Any applicant whose installment payment remains delinquent for a period of thirty days following the delinquency date as set forth herein shall pay a second penalty in the amount of ten percent of the delinquent amount.

C.

Interest. In addition to any penalties incurred, all delinquent installment payments shall accrue interest at the rate of one and one-half percent per month, or fraction thereof, from the date on which payment became delinquent until paid.

D.

Merger of Penalties and Interest. Every penalty imposed, and all interest accrued on delinquent installment payments pursuant to this section shall become part of the installment payment due.

E.

Installment Payment Contracts. All applicants whose request for payment of in- lieu fees in installments is granted by the city shall enter into a contract with the city pursuant to the provisions of this chapter. Said contract shall contain a payment schedule which sets forth the amount of the installment payment due and the due date and delinquency date of each installment payment. Following execution of the contract, applicant shall make payments as set forth therein and shall receive no further notice of billing from the city.

F.

Required Parties. All contracts created pursuant to the provisions of this chapter shall be executed by the applicant and the owner of property affected, if different than the applicant. All signatures on the contract shall be acknowledged before a notary public.

G.

Consent to Lien. At the time of the execution of the contract form pursuant to this chapter, the owner of the property affected shall do all acts and execute all documents necessary to create a valid lien on the property affected in the total amount of the in-lieu fees established pursuant to the Section 17.42.080(D) of this chapter. The city shall release its lien upon payment in full of all in-lieu fees, plus any unpaid penalties and interest.

(Ord. 671 § 5, 1991.)

A.

Upon the sale or transfer of the real property which is affected by the installment payment contract pursuant to Section 17.42.080 of the Sonora Municipal Code, all unpaid in-lieu fees and any penalties and accrued interest shall be paid in full unless a request to allow the assumption of the installment payment contract has been approved by the city council as herein provided.

B.

The owner of real property which is subject to any installment payment contract may apply to the city council for approval of the transfer of the installment payment contract to a new buyer of the property. The application for transfer of the installment payment contract shall be made in writing submitted to the clerk of the city. The city council may grant any such application on terms and conditions it deems appropriate to the circumstances; however, the following conditions must be included:

1.

All delinquent installment payments plus penalties and interest accrued thereon must be paid in full;

2.

The new owner shall agree to the amendment of any existing installment payment contract to include the provisions of this ordinance, if necessary;

3.

The new owner shall pay a transfer fee in an amount to determined by the city council. Said fee may be changed by the city council, from time to time, by resolution.

4.

This section shall apply to all pending transfers of affected property on the effective date of this ordinance as well as all pending requests for approval of transfers of installment payment contracts on that date.

(Ord. 629 § 1 (part), 1987.)