Land and facilities shall only be developed, divided and/or used for those activities listed in Table 7-1 (Permitted, Conditional, Accessory and Temporary Land Uses - All Districts). Table 7-1 establishes uses that are permitted, conditionally permitted or not permitted within each Zoning District established by Article 6 (Zoning Districts and Boundaries) of this Chapter. Article 2 of this Chapter describes the procedures required to obtain a Conditional Use Permit.

The designation "P" means that the use is permitted in the particular Zoning District as long as all other zoning district and special criteria requirements are met. The designation "C" means that a Conditional Use Permit must first be granted by the Zoning Administrator or Planning Commission before the use is allowed in a particular district. Those uses designated with a dash (-) are not permitted within that zoning district. Those primary uses not listed are prohibited unless a determination is made by the Zoning Administrator that the proposed use is similar to one of the uses listed within a subject district, and as such are considered a similar use, as defined in this Title, and are permitted or conditionally permitted based upon the nature of use. Those accessory uses not listed are prohibited unless a determination is made by the Zoning Administrator that the accessory use is ancillary to the primary use, and as such are permitted or conditionally permitted based upon the nature of use and the primary use it serves. Any use which violates local, state or federal laws is also prohibited.

No land use shall be permitted that is not consistent with the objectives, policies, general land uses and programs specified in the General Plan. A land use is consistent with the General Plan if, considering all of its aspects, it is found to further the objectives and policies of the General Plan. Appeals of land use determinations shall be as provided in Article 2 (Appeals) of Chapter 2 of this Title.

All uses, unless due to the nature of the use, shall be conducted in a completely enclosed building.

Specific land uses within the table are grouped under the following major headings:

Table 7-1 Permitted, Conditional, Accessory and Temporary
Land Uses - All Zoning Districts

Omitted Zone Districts: Zone Districts delineated above by an asterisk (*) were not included in this Land Use Table due to their unique development process and/or land uses as discussed below:

Use Legend:

P: Permitted Use   C: Conditional Use Permit required    -: Not Permitted

NOTES: California State Law prohibits the possession of all primates.

¹ At no time shall more than twelve (12) animals be kept or maintained on any property occupied by a residence.

² Dog licenses are required pursuant to Victorville Municipal Code.

*Subject to all standards and requirements of the underlying Zone District.

*On a minimum one gross acre developed site.

* - If located on a lot developed for a commercial use.

(Ord. No. 2283, 10-4-11; Ord. No. 2289, § 1, 3-20-12, eff. 4-19-12; Ord. No. 2299, 6-18-13, eff. 7-18-13; Ord. No. 2302, § 1, 10-15-13; Ord. No. 2313, § 1, 4-15-14; Ord. No. 2324, § 1, 10-7-14; Ord. No. 2326, § 1, 1-20-15; Ord. No. 2339, § 2, 8-18-15; Ord. No. 2360, § 3, 12-20-16; Ord. No. 2388, § 3, 3-19-19; Ord. No. 2395, § 6, 10-1-19; Ord. No. 2418, § 4, 6-1-21; Ord. No. 2448, § 5(Exh. B), 2-6-24; Ord. No. 2450, § 3(Exh. A), 7-16-24; Ord. No. 2454, § 5(Exh. B), 3-4-25; Ord. No. 2457, § 6, 8-19-25)

Because the use of alcohol and tobacco are restricted for use by adults 21 years of age or older and in an effort to prevent minors from accessing alcohol or tobacco, as well as to ensure alcoholic beverage establishments and tobacco retailers do not negatively impact neighboring properties and businesses, the City of Victorville ("City") has developed minimum standard licensing and operating requirements. These requirements implement an annual inspection process applicable to the majority of the off-site alcoholic beverage establishments and tobacco retailers operating within the City, and are provided in order to help ensure these uses are not injurious to the health, safety and welfare of the community.

(a)

Alcoholic beverage sales

This Section requires conditional use permits for new alcoholic beverage sales establishments, unless otherwise exempt; confers "deemed approved" status on all legal nonconforming offsite alcoholic beverage establishments; provides regulations for the continued operation of offsite alcoholic beverage sales establishments; sets forth grounds for the modification, revocation and termination of conditional use permits and deemed approved status for establishments violating the provisions of this Section; and outlines investigation and hearing procedures for addressing violations to protect the general health, safety, and welfare of the residents and businesses in the City and to prevent nuisance activities where alcoholic beverage sales occur.

(1)

Purposes and intent.

(i)

The specific purposes for enacting this Section are as follows:

a.

To protect residential, commercial, industrial, civic and religious land uses and minimize the adverse impacts of nonconforming and incompatible uses;

b.

To provide regulations to address problems associated with the public consumption of alcoholic beverages such as litter, loitering, graffiti, unruly behavior, violence, vandalism, and escalated noise levels, and ensure that alcoholic beverage sales establishments do not become the source of undue public nuisances in the community;

c.

To provide for properly maintained alcoholic beverage sales establishments so that the secondary effects of negative impacts generated by these activities on the surrounding environment are mitigated;

d.

To monitor deemed approved establishments to ensure they do not substantially change in mode or character of operation; and

e.

To provide opportunities for alcoholic beverage sales establishments to operate in a mutually beneficial relationship to each other and to other surrounding uses.

(ii)

This Section does not itself authorize or permit alcoholic beverage sales establishments, but only applies to such establishments where otherwise allowed or permitted within an applicable zoning district. The requirements and regulations set forth herein are intended to complement California's alcohol-related laws and the City does not intend to replace or usurp any powers vested in the California Department of Alcoholic Beverage Control (ABC).

(2)

Administration.

(i)

Applicability.

a.

The provisions of this Section shall apply to the extent permissible under other laws to all establishments located in the City that sell alcoholic beverages for on-site or off-site consumption.

b.

Whenever any provision in this Section, in an existing conditional use permit, or in any other law, ordinance, or regulation of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this Section.

(ii)

Planning Commission public hearings.

a.

The Planning Commission may conduct public hearings and make determinations on whether alcoholic beverage sale establishments are in compliance with conditions of approval, operational standards, or the deemed approved performance standards prescribed within this Section, and may modify or revoke an alcohol sales establishment's conditional use permit or deemed approved status in order to obtain compliance with the provisions of this Section. This provision is not intended to restrict the powers and duties otherwise pertaining to other city officers or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage sale activities in the City. The Planning Commission shall have the powers and duties assigned to it by the Development Code, the Victorville Municipal Code, and by this Subsection 16-3.07.015(a).

1.

Any action taken by the Planning Commission shall not cause any associated business license to be modified, suspended, or revoked, unless otherwise authorized pursuant to Chapter 7, Article 2 of this Title.

(iii)

Inspection and right of entry.

a.

The sale of alcoholic beverages is a closely regulated industry. The officials responsible for enforcement of the Victorville Municipal Code or other ordinances of the City, or their duly authorized representatives, may enter on any site or into any structure for the purpose of inspection, provided they do so in a reasonable manner and in accordance with the procedures in Section 16-6.01.050 of this Title, whenever they have cause to suspect a violation of these regulations, or whenever necessary to the investigation of violations of the conditions of approval, operational standards, or the deemed approved performance standards prescribed in Subsection 16-3.07.015(a)(5)(iii) of this Section. Inspections not otherwise based on cause to suspect a violation shall only be conducted at the intervals and in the manner prescribed within Subsection 16-3.07.015(c)(1) of this Section.

b.

Any and all such inspections shall further be conducted in compliance with the Fourth Amendment to the United States Constitution.

(3)

Requirements and standards.

(i)

Conditional use permit required.

a.

Except as provided in Subsections b., c., and d. below, all alcoholic beverage establishments to which this Chapter is applicable shall obtain a conditional use permit pursuant to Article 2 of this Chapter and satisfy all conditions as set forth in any applicable law or regulation, including any law or regulation of the Victorville Municipal Code, in any entitlement, and in any license issued, prior to engaging in any alcoholic beverage sales activity.

b.

Unless otherwise required by this Chapter, a conditional use permit shall not be required of an off-site alcoholic beverage sales establishment consisting of a general retail store, a grocery store, or a retail pharmacy with greater than 8,000 square feet of gross floor area and a maximum of 10 percent of the gross floor area devoted to the sale and display of alcoholic beverages. If found to be in violation of this Chapter, such alcoholic beverage establishments exempt from the requirement of a conditional use permit pursuant to this subsection can lose their exemption pursuant to the business license revocation procedures provided in Chapter 7 of this Title. If such revocation is granted, such establishment will need to comply with obtaining a conditional use permit prior to continuing the sale of alcoholic beverages.

c.

Unless otherwise required by this Chapter, a conditional use permit shall not be required of a restaurant, as defined in Section 16-1.03.010 of this Title, that serves alcoholic beverages for on-site consumption, limited to on-sale beer and wine, nonfortified products only.

d.

Unless otherwise required by this Chapter, a deemed approved establishment operating in accordance with the deemed approved performance standards in Subsection 16-3.07.015(a)(5)(iii) and otherwise maintaining deemed approved status shall not be required to obtain a conditional use permit.

(ii)

Finding of public convenience or necessity.

a.

Pursuant to California Business and Professions Code Section 23958.4, in areas with an over-concentration of off-site alcoholic beverage establishment licenses issued by the ABC, the City desires to strike a balance between the number of offsite licenses and the convenience of store customers. As a result, consideration to approve a finding of public convenience or necessity may be given by the City Council, Planning Commission, or Zoning Administrator, as applicable, to businesses wishing to obtain off-site alcoholic beverage establishment licenses issued by the ABC in over-concentrated areas that comply with the following criteria:

1.

The retailer must occupy greater than 8,000 square feet of gross floor area or be tied to a fueling station on the premises with fuel sales comprising the majority of the business's sales;

2.

A retailer tied to a fueling station with less than 8,000 square feet of gross floor area shall be limited to off-site beer and wine, non-fortified products only;

3.

No more than 10% of the floor area may be devoted to alcoholic beverage display, unless a larger percentage of display is otherwise approved by the Planning Commission;

4.

At least 10% of the floor area must be devoted to food sales and non-alcoholic beverages;

5.

If location of the proposed business is within a high crime area, which is defined as Police Department calls for service for alcoholic beverage-related incidents of 20% greater than the average number of such incidents reported for the City as a whole, the hearing body may use that fact in denying the application or the Public Convenience or Necessity finding required by the ABC;

6.

The property/building/use has no outstanding Building or Health Code violations or Code Enforcement activity;

7.

The site is properly maintained, including building improvements, landscaping, and lighting; and

8.

The owner/applicant has no history of violations with the ABC and/or City of Victorville.

b.

Prior to the establishment of any business selling alcoholic beverages, when within the Zoning Administrator's purview, the Zoning Administrator, when required pursuant to California Business and Professions Code Section 23958.4 shall make the finding of public convenience or necessity. Prior to making said finding, the Zoning Administrator shall consult with the City Police Department to receive that agency's comments. If the comments received indicate concerns, the Zoning Administrator shall not make the finding, but shall require the applicant to submit an application for a conditional use permit for Planning Commission review, when not otherwise required.

c.

If any other discretionary approvals are required, the public convenience or necessity finding shall be incorporated into the process for such discretionary approval review.

(iii)

Distance requirements.

a.

No off-site alcoholic beverage establishment shall be located within 600 feet of residentially zoned property, public or private schools, religious facilities, or parks or playgrounds, except:

1.

A general retail store, or grocery store, or retail pharmacy with greater than 8,000 square feet of gross floor area and a maximum of 10 percent of the gross floor area devoted to the sale and display of alcoholic beverages, unless a larger percentage of display is otherwise approved by the Planning Commission; or

2.

A convenience market, as defined in Section 16-1.03.010 of this Title, with a maximum of 10 percent of the retail display area devoted to the sale and display of alcoholic beverages, limited to off-site beer and wine, non-fortified products only. Retail display area includes all floor area within the establishment that is accessible and within view of customers, including aisles, and floor area occupied by shelves, counters, and refrigerator coolers.

b.

No bar/nightclub, as defined in Section 16-1.03.010 of this Title, that sells alcoholic beverages for on-site consumption shall be located within 600 feet of residentially zoned property, public or private schools, religious facilities, or parks or playgrounds. A micro-brewery, licensed and classified by the ABC as a Small Beer Manufacturer (License Type 23), or a billiard parlor as defined in Section 16-1.03.010 of this Title, shall not be considered a bar/nightclub.

c.

For purposes of this subsection, distances shall be measured between the closest property lines of the affected locations.

(iv)

Operational standards; additional conditions of approval.

a.

All new off-site alcoholic beverage establishments (those established on or after August 16, 2024) shall be designed, constructed, and operated to conform with all of the following operational standards and alcoholic beverage sales limitations:

1.

An establishment shall not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.

2.

An establishment shall be prohibited from selling single-serve alcoholic beverages as follows:

i.

Individual containers of beer, malt liquor and alcoholic energy drinks of any size; individual containers of wine of less than 750 ml in size; individual containers of distilled spirits of less than 375 ml in size; or any other individual container of alcoholic beverage for single-serve consumption. This restriction shall not be required of an establishment consisting of a general retail store, a grocery store, or a retail pharmacy with greater than 8,000 square feet of gross floor area. This restriction is not intended to prohibit the sale of such beverages in kegs or other types of containers, with a volume of two or more gallons, which are clearly designed to dispense multiple servings.

ii.

Wine in bottles or containers smaller than 750 ml; individual containers of distilled spirits of less than 375 ml in size; wine coolers, beer, malt liquor and alcoholic energy drinks in containers of any size; and/or any other individual alcoholic beverage for single-serve consumption shall only be sold in the manufacturer's pre-packaged multi-unit quantities.

A.

The above single-serve restrictions do not apply to off-site alcoholic beverage sales establishments that are: exempt from obtaining a Conditional Use Permit pursuant to Subsection 16-3.07.015(a)(3)(i); or existing establishments selling alcoholic beverages for off-site consumption with an active ABC beer, wine or liquor license established prior to July 18, 2013 (the effective date of Ordinance No. 2299), unless the ABC license has lapsed for 90 or more consecutive days; or the establishment was originally prohibited from selling single-serve alcoholic beverages through a Conditional Use Permit, a Finding of Public Convenience or Necessity and/or through an ABC license.

3.

An establishment shall not result in nuisance activities within the premises or on adjacent properties or roadways, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, sales to minors or police detentions and arrests that were not otherwise mitigated during the early stages of disturbance.

4.

An establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including without limitation, those of the ABC; California Business and Professions Code Sections 24200, 24200.6, 25612, and 25612.5; as well as any condition imposed on any permits issued pursuant to such applicable laws, regulations or orders. This includes payment of annual City business license fees.

5.

The premises upkeep and operating characteristics shall be compatible with and shall not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

6.

An establishment shall comply with the following public nuisance prevention measures:

i.

Lighting: Exterior areas of a single-tenant or multi-tenant property, including but not limited to parking lots, driveways, circulation areas, passageways, recesses, and grounds contiguous to buildings, shall be provided with sufficient illumination levels to make clearly visible the presence of any persons on or about the premises from dusk to dawn in order to provide a safe, secure environment for all persons, property, and vehicles on-site. A minimum of 0.5 foot candle of illumination shall be maintained at any land surface point throughout the area to be illuminated. The overall area to be illuminated on-site shall have a minimum average of 2 foot candles at the land surface. Where a light source is directed to emanate horizontally and is visible from outside the property boundary, shielding shall be required to reduce glare to the greatest degree practicable.

ii.

Litter: Adequate litter receptacles shall be provided on site and in the building. The premises shall be kept free of the accumulation of litter and shall be removed no less frequently than once each day the business is open.

iii.

Loitering: The establishment's operators or employees shall be required to discourage loiterers and to ask persons loitering longer than fifteen minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.

iv.

Signage: There shall be no exterior advertising of alcoholic products, or tobacco and paraphernalia or similarly controlled products in excess of the signage allowances provided by the California Business and Professions Code and Article 22 of this Chapter.

v.

Signs: The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:

A.

"California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age."

B.

"No Loitering or Public Drinking."

C.

"It is illegal to possess an open container of alcohol in the vicinity of this establishment."

vi.

Mitigating Alcohol Related Problems: The establishment shall be required to operate in a manner which mitigates alcohol related problems that negatively impact those individuals living or working in the neighborhood, including without limitation, loitering, violence, drunkenness, public urination, solicitation, drug-dealing, drug use, and loud noise on or near the premises. Such mitigation measures shall include the operators and employees of the establishment maintaining adequate surveillance of the premises and nearby areas and contacting local law enforcement officials during the early stages of a disturbance.

vii.

Drug Paraphernalia: An off-site alcohol establishment shall be prohibited from selling drug paraphernalia as defined in Health and Safety Code Sections 11014.5 and 11364.5. "Drug paraphernalia" means all equipment products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance (as defined in California Health and Safety Code Section 11054 et seq.) in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code Section 11000.

viii.

Prohibited Vegetation: Exterior vegetation shall not be planted or maintained that could be used as a hiding place for persons on the premises. Exterior vegetation may be planted and maintained in a manner that minimizes its use as a hiding place.

ix.

Window Obstructions: To ensure a clear and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance, including the area in which the cash registers are maintained, window obstructions (including window signs, vending machines, shelves, racks, storage, etc.) shall not cumulatively block windows or entry doors in excess of the allowances provided for window signs by Article 22 of this Chapter.

x.

Training: Each off-site alcoholic beverage establishment operator and its employees selling alcohol shall complete the Licensee Education on Alcohol and Drugs (LEAD) program training provided by the California Department of Alcoholic Beverage Control. LEAD certificates shall be kept on the premises and provided to City officials within 48 hours of a written request.

xi.

Posting of Documents: A copy of these operational standards, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment as well as any City code enforcement officer, or authorized state or county official.

b.

The above operational standards and beverage sales limitations shall be incorporated into any new conditional use permit for off-site alcoholic beverage sales issued under the provisions of this Article or any business license issued under the provisions of this Title that authorizes new off-site alcoholic beverages sales if no conditional use permit is otherwise required. Dependent upon the facts and circumstances of any given application, the Planning Commission or the Zoning Administrator for such permits or licenses as are within his or her approval authority, may include other conditions in an establishment's conditional use permit or business license to mitigate nuisance, including but not limited to: limit the hours of operation or other operational characteristics of the use; restrict outdoor storage and display; require a special security plan or security measures; make alterations to the entries/exits or other floor plan changes; or add requirements for buffering, screening, lighting, planting areas, or other site elements to avoid adverse impacts on adjacent lots or the surrounding areas.

c.

Failure to comply with any of the above operational standards or added conditions of approval shall constitute grounds (but not the sole grounds) for revocation of a conditional use permit and/or business license.

(4)

Conditional use permit modification or revocation.

(i)

Grounds for modification or revocation.

a.

Notwithstanding the provisions of Section 16-3.02.090 of this Title, an alcoholic beverage sales establishment's conditional use permit may be modified or revoked by the Planning Commission after holding a public hearing in the manner prescribed in Chapter 2, Article 5 of this Title, for failure to comply with operational standards, training requirements, or other conditions of approval imposed through its conditional use permit. Notice of such hearing by the Planning Commission at which it will consider the modification or revocation of an establishment's conditional use permit shall be in writing and shall state the grounds therefor. Notice shall be mailed by first-class mail and certified mail return receipt requested to the establishment's owner and the property owner (if different) at least ten (10) days before the date of the hearing.

(ii)

Procedures for investigation of potential violations of conditions of approval and/or operational standards and remedies are set forth in Subsection 16-3.07.015(a)(6), below.

(5)

Deemed approved alcoholic beverage sales regulations.

(i)

Regulations established.

a.

Except as otherwise provided in this Chapter, any off-site alcoholic beverage establishment in the City that is a nonconforming alcoholic beverage establishment, as defined in Section 16-3.01.010 of this Title, lawfully operating prior to August 16, 2024, shall thereafter be a deemed approved establishment in accordance with Subsection 16-3.07.015(a)(5)(ii). In addition, any alcoholic beverage establishment exempt from the requirement to obtain a conditional use permit pursuant to Subsection 16-3.07.015(a)(3)(i)b that lawfully commences operations on or after August 16, 2024 shall be an establishment with deemed approved status for purposes of this Section. Such establishments may continue to lawfully operate provided the business is conducted in compliance with the performance standards contained in Subsection 16-3.07.015(a)(5)(iii) and all other applicable provisions of the deemed approved regulations specified in this Subsection 16-3.07.015(a)(5).

(ii)

Automatic deemed approved establishment designation.

a.

As of August 16, 2024, each off-site alcoholic beverage establishment in the City that is a nonconforming alcoholic beverage establishment, as defined in Section 16-3.01.010 of this Title, lawfully operating prior to (the effective date of this ordinance] shall be considered a deemed approved establishment and shall no longer be considered a legal nonconforming use. In addition, any alcoholic beverage establishment exempt from the requirement to obtain a conditional use permit pursuant to Subsection 16-3.07.015(a)(3)(i)b that lawfully commences operations on or after August 16, 2024 shall be an establishment with deemed approved status for purposes of this Section. A deemed approved establishment shall obtain and retain its deemed approved status as long as:

1.

The establishment complies with the deemed approved performance standards set forth in Subsection 16-3.07.015(a)(5)(iii); and

2.

The establishment complies with any conditions contained in such establishment's previously-granted conditional use permit (if any) or business license which are consistent with the operational standards in Subsection 16-3.07.015(a)(3)(iv), or any additional conditions imposed on the deemed approved establishment as a result of modifications imposed by the Planning Commission under Subsections 16-3.07.015(a)(5)(vi) and (a)(6) (as applicable); and

3.

The establishment pays all required fees and undergoes an initial compliance check within ninety (90) days of August 16, 2024 and annually thereafter in conjunction with the business license renewal process (as applicable) to ensure such establishments remain in compliance with the performance standards and all other applicable provisions of the deemed approved alcoholic beverage sales regulations; and

4.

The establishment does not change its type of ABC license within a license classification or "substantially change its mode or character of operation," as provided in Subsection 16-3.07.015(a)(5)(v).

(iii)

Deemed approved performance standards for off-site alcohol sales establishments.

a.

The deemed approved performance standards set forth in this subsection shall apply to all off-site alcoholic beverage sales establishments that hold deemed approved status as set forth above. In order to retain deemed approved status, such establishments must be operated and maintained in compliance with all of the following:

1.

An establishment shall not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.

2.

An establishment shall not result in nuisance activities within the premises or on adjacent properties or roadways, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, sales to minors or police detentions and arrests that were not otherwise mitigated during the early stages of disturbance.

3.

An establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including without limitation, those of the ABC; California Business and Professions Code Sections 24200, 24200.6, 25612, and 25612.5; as well as any condition imposed on any permits issued pursuant to such applicable laws, regulations or orders, excluding any previously required training. This includes payment of annual City business license fees.

4.

The establishment's premises upkeep and operating characteristics shall be compatible with, and shall not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

5.

Training: Each off-site alcoholic beverage establishment operator and their employees selling alcohol shall complete the Licensee Education on Alcohol and Drugs (LEAD) program training provided by the ABC within 60 days of hire for employees hired after August 16, 2024 or within 90 days of said date for existing employees. LEAD certificates shall be kept on the premises and provided to City officials within 48 hours of a written request.

6.

Posting of Documents: A copy of these performance standards, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment as well as any City code enforcement officer, or authorized state or county official.

b.

Failure to comply with the performance standards set forth herein shall constitute a public nuisance.

(iv)

Notification to owners of deemed approved establishments.

a.

The City shall notify each owner and/or operator of an off-site alcoholic beverage establishment of its deemed approved status at the address as shown on their City business license, and also, if not the same, shall notify any property owner at the address shown on the county assessor's property tax assessment records. The notice shall be sent by certified mail with return receipt requested and shall include:

1.

A copy of the performance standards in Subsection 16-03.07.015(a)(5)(iii), with the requirement that they be posted in a conspicuous and unobstructed place visible from the entrance of the alcohol sales establishment for public review;

2.

Notification that the establishment is required to comply with all the performance standards;

3.

Notification that initial and annual compliance inspections will be conducted by the City to ensure compliance and that collection of the compliance inspection fee set forth in the City's most recently adopted master fee schedule will be required (as applicable); and

4.

Notification the establishment is required to comply with all other aspects of the deemed approved regulations.

b.

Should the notice be returned, then the notice shall be sent via first-class mail and hand delivered by City Code Enforcement or Planning Department staff to the alcohol sales establishment. Failure of any person to receive notice given pursuant to this section shall not affect the deemed approved status of the establishment.

(v)

Change in ABC license type: Substantial change in mode or character of operation.

a.

In order to continue operation upon the occurrence of any of the following, a deemed approved alcoholic beverage establishment shall require approval of a conditional use permit, or modification of an existing conditional use permit, as the case may be, in the manner provided by this Section:

1.

The establishment changes its alcoholic beverage sales activity so that ABC requires a different type of license.

2.

There is a substantial change in the mode or character of operation. As used herein, the phrase "substantial change in mode or character of operation" shall include, but not be limited to, any of the following:

i.

The establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage beyond that which actually existed (for any nonconforming establishment) or was permitted by any conditional use permit immediately prior to the date the establishment initially was deemed approved;

ii.

The establishment extends its hours of operation by thirty minutes or more;

iii.

The establishment voluntarily discontinues its active operation for more than ninety (90) consecutive days;

iv.

The establishment ceases to be licensed by the ABC;

v.

Any other circumstances that result in a substantial change in the mode or character of operation, except for those circumstances listed in subdivision (b) of Section 23790 of the California Business and Professions Code.

b.

Upon notification of or discovery by the City of any of the above occurrences, a public hearing before the Planning Commission shall be held in accordance with Chapter 2, Article 5 of this Title, to determine whether a substantial change in the mode or character of operation of the establishment has occurred. If the Planning Commission determines that a substantial change has occurred, the alcoholic beverage sales establishment must cease operation and may not resume unless it applies for and obtains a new or modified conditional use permit in conformance with this Chapter.

(vi)

Deemed approved establishment status modification or revocation.

a.

Grounds for modification or revocation.

1.

An alcoholic beverage sales establishment's deemed approved status may be modified or revoked by the Planning Commission for failure to comply with the performance standards in Subsection 16-3.07.015(a)(5)(iii) after holding a public hearing in the manner prescribed in Chapter 2, Article 5 of this Title. Notice of such hearing by the Planning Commission shall be in writing and shall state the grounds therefor. Notice shall be mailed by first-class mail and certified mail return receipt requested to the establishment's owner and the property owner (if different) at least ten (10) days before the date of the hearing.

b.

Procedures for investigation of potential violations of performance standards and remedies are set forth in Subsection 16-3.07.015(a)(6), below.

(6)

Investigative procedures for potential violation of conditions of approval and/or operational standards, or deemed approved performance standards applicable to off-site alcohol beverage sales establishments; remedies.

(i)

The following investigative procedures shall be utilized for potential violations of conditions of approval and/or operational standards, or deemed approved performance standards applicable to off-site alcohol beverage sales establishments:

a.

Upon the City's receipt of a complaint from the public, police department, City official, or any other interested person that an off-site alcohol beverage sales establishment is operating in violation of: (1) the conditions of approval set forth in its conditional use permit and/or the operational standards in Subsection 16-3.07.015(a)(3)(iv); or (2) in the case of a deemed approved establishment, the performance standards in Subsection 16-3.07.015(a)(5)(iii) and/or any conditions of approval set forth in its non-conforming conditional use permit or otherwise established by the Planning Commission or Zoning Administrator, the following procedures shall apply:

1.

A City code enforcement officer (or other designated City representative) shall assess the nature of the complaint and its validity by conducting an on-site observation and inspection of the premises to assess the establishment's compliance with the applicable conditions, operational standards, or performance standards.

2.

If the enforcement officer (or other designated City representative) determines that the establishment is in violation of the applicable conditions of approval or standards, he/she shall give written notice of the violation to the owner and/or operator of the establishment as set forth herein and seek to remedy the violation by issuing an administrative citation pursuant to Chapter 1.05 of Title 1 of the Victorville Municipal Code if the violation is not timely corrected and no hearing on the notice of violation is requested pursuant to Section 16-6.01.150. The notice of violation shall be given in accordance with Sections 16-6.01.070 and 16-6.01.080 of this Title. However, after providing written notice of violation, should the enforcement officer for other designated City representative) in his or her sole discretion, determine that the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, he or she may, in lieu of following the administrative citation procedure, refer the matter directly to the Planning Commission for a hearing at which the establishment's conditional use permit or deemed approved status may be modified or revoked.

3.

Any notice of violation or administrative citation issued under this Section shall be issued, processed, and enforced in compliance with the provisions of Chapter 6, Article 1 of this Title or Chapter 1.05 of Title 1, respectively, unless otherwise expressly provided by this Section. If the owner or operator receiving a notice of violation requests a hearing pursuant to Section 16-6.01.150 of this Title, the City Manager or his/her designee may, in addition to holding such a hearing, make a recommendation to the Planning Commission as set forth in Subdivisions i. and ii. below. If the owner or operator receiving an administrative citation request an appeal pursuant to Section 1.05.090 of Title 1, and an appeal hearing is held pursuant to that Section, the hearing officer may, in addition to exercising the powers in Section 1.05.090, likewise make a recommendation to the Planning Commission as set forth in Subdivisions i. and ii. below:

i.

In the case of a conditionally permitted establishment, to conduct a hearing to consider modifying or revoking the establishment's conditional use permit, if in the judgment of the City Manager or his/her designee/hearing officer, based upon information then before him or her, such action is necessary to ensure compliance with this Section. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use, including but not limited to, the conditions listed in Subsection 16-3.07.015(a)(3)(iv)b. of this Section and the operational standards listed in Subsection 16-3.07.015(a)(3)(iv)a.; or

ii.

In the case of a deemed approved establishment, to conduct a hearing to consider modifying or revoking the establishment's deemed approved status, if in the judgment of the City Manager or his/her designee/hearing officer, based upon information then before him or her, such action is necessary to ensure compliance with this Section. Such recommendation may include the suggestion of imposing reasonable conditions on the establishment, including but not limited to, the operating standards and conditions listed in Subsection 16-3.07.015(a)(3)(iv)a.;

4.

If a hearing before the Planning Commission is conducted on a potential violation (in the manner prescribed in Chapter 2, Article 5 of this Title) the Planning Commission shall determine whether the establishment is in compliance with:

i.

In the case of a conditionally permitted establishment, the operational standards and/or conditions of approval in the establishment's use permit. Based on this determination, the Planning Commission may continue the operations of the establishment under the existing conditional use permit; modify the conditional use permit by imposing additional reasonable conditions, including but not limited to, the operating standards and conditions listed in Subsection 16-3.07.015(a)(3)(iv), as are in its judgment necessary to ensure compliance with the operational standards and/or conditions of approval; or may revoke the establishment's conditional use permit. If the Planning Commission determines to impose further, new conditions on the establishment's conditional use permit, such conditions shall be based upon the information then before it. In reaching a determination as to whether an establishment has violated the operational standards and/or conditions of approval, or as to the appropriateness of imposing additional or amended conditions, or revoking the use permit, the Planning Commission may consider the following:

A.

The length of time the establishment has been out of compliance with the operational standards and/or conditions of approval.

B.

The impact of the violation of the operational standards and/or conditions of approval on the community.

C.

Any information regarding the owner of the establishment's efforts to remedy the violation of the operational standards and/or conditions of approval. "Efforts to Remedy" shall include, but are not limited to:

I.

Timely calls to the police department that are placed by the owner and/or operator of the establishment, his or her employees, or agents. It is not the intent of this Section to discourage owners and employees of alcohol establishments to report nuisance or criminal activity.

II.

Requesting that those persons engaging in activities causing violations of the operational standards and or conditions of approval cease those activities, unless the owner or operator of the establishment, or his or her employees or agents feels that their personal safety would be threatened in making that request.

III.

Making improvements to the establishment's property or operations, including, but not limited to, the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, the clearing of window obstructions, the cleaning of sidewalks, and the abatement of graffiti within three days.

ii.

In the case of a deemed approved establishment, the performance standards and/or any conditions of approval set forth in its non-conforming conditional use permit or otherwise established by the Planning Commission or Zoning Administrator. Based on this determination, the Planning Commission may continue the deemed approved status for the establishment; modify the use by imposing reasonable conditions, including but not limited to, the operating standards and conditions listed in Subsection 16-3.07.015(a)(3)(iv) of this Title, as are in its judgment necessary to ensure compliance with the performance standards; or may revoke the establishment's deemed approved status. If the Planning Commission determines to impose further, new conditions on the establishment, such conditions shall be based upon the information then before it. In reaching a determination as to whether a deemed approved use has violated the performance standards, or as to the appropriateness of imposing additional or amended conditions, or revoking deemed approved status, the Planning Commission may consider the following:

A.

The length of time the establishment has been out of compliance with the performance standards and/or any conditions of approval set forth in its non-conforming conditional use permit or otherwise established by the Planning Commission or Zoning Administrator.

B.

The impact of the violation of the performance standards and any conditions of approval set forth in its non-conforming conditional use permit or otherwise established by the Planning Commission or Zoning Administrator on the community.

C.

Any information regarding the owner of the deemed approved establishment's Efforts to Remedy (as defined above) the violations of the performance standards and any conditions of approval set forth in its non-conforming conditional use permit or otherwise established by the Planning Commission or Zoning Administrator.

5.

If in the judgment of the Planning Commission, the operations of the owner or operator of the establishment constitute a nuisance, the owner or operator is unable or unwilling to abate the nuisance, and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the Planning Commission may revoke the establishment's conditional use permit, or deemed approved status, as applicable. If revoked, any continued operation of the business shall require a new conditional use permit approved by the Planning Commission. All determinations, decisions, and conditions made or imposed regarding the alcohol sales establishment's use shall run with the land.

6.

The decision of the Planning Commission shall be final and conclusive, unless timely appealed to the City Council as set forth in Chapter 2, Article 2 of this Title.

(b)

Tobacco Retailer Establishment Regulations

This Section requires a tobacco retailer license for new tobacco retailer establishments and existing nonconforming tobacco retailer establishments, unless otherwise exempt; and outlines tobacco retailer licensing and noticing procedures as well as operational standards for tobacco retailer establishments.

(1)

Purpose and Intent.

(i)

The specific purposes for enacting this Section are as follows:

a.

To prevent access to tobacco products and tobacco paraphernalia to those under 21 years of age;

b.

To protect residential, commercial, industrial, civic and religious land uses and minimize the adverse impacts of nonconforming and incompatible uses;

c.

To provide regulations to address problems associated with the public consumption of tobacco products such as litter, loitering, graffiti, unruly behavior, violence, vandalism, and escalated noise levels, and ensure that tobacco retailer establishments do not become the source of undue public nuisances in the community;

d.

To provide for properly maintained tobacco retailer establishments so that the secondary effects of negative impacts generated by these activities on the surrounding environment are mitigated;

e.

To monitor tobacco retailer establishments to ensure they do not conduct the sales of illegal goods or products; and

f.

To provide opportunities for tobacco retailer establishments to operate in a mutually beneficial relationship to each other and to other surrounding uses.

(ii)

This Section does not itself authorize or permit tobacco retailer establishments, but only applies to such establishments where otherwise allowed or permitted within an applicable zoning district. The requirements and regulations set forth herein are intended to complement California's tobacco-related laws and the City does not intend to replace or usurp any powers vested in the California Department of Public Health or other agencies with enforcement duties.

(2)

Administration.

(i)

Applicability.

a.

The provisions of this subsection shall be applicable to all new tobacco retailers and existing nonconforming tobacco retailers, as defined in Section 16-1.03.010 of this Title in the City and shall apply to the extent permissible under other laws.

b.

The provisions of this Section shall apply to the extent permissible under other laws to all establishments located in the City that conduct retail sales of tobacco products.

c.

Whenever any provision in this Section, in an existing conditional use permit, or in any other law, ordinance, or regulation of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this Section.

(3)

Tobacco Retailer License (TRL) required.

(i)

Except as provided in Subsection (iii) below, all new or existing tobacco retailers must obtain an annual tobacco retailer license (TRL) for each location at which tobacco retailing is to occur pursuant to Subsection 16-3.07.015(b)(4) of this Section and comply with and satisfy all conditions, as set forth in any applicable law or regulation, including any provision of the Development Code, in any entitlement granted, and in any business license issued, prior to engaging in any retail sales of tobacco.

(ii)

No tobacco retailer license may be issued to authorize retail tobacco sales at any location that is not licensed under state law to sell alcoholic beverages for consumption off the premises (e.g., an off-site alcoholic beverage sales establishment with a license issued by the ABC), except a nonconforming tobacco retailer establishment, as defined in Section 16-1.03.010 of this Title, applying fora TRL as required by this subsection.

(iii)

A tobacco retailer license shall not be required of a tobacco retailer operating as an accessory use to an alcoholic beverage sales establishment that is exempt from obtaining a conditional use permit pursuant to Subsection 16-3.07.015(a)(3)(i)b. of this Section.

(4)

Tobacco retailer license procedure.

(i)

Application for a tobacco retailer license shall be submitted in the name of each proprietor of the business proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. It is the responsibility of each proprietor to be informed of all applicable federal, state, and local statutes, laws, regulations and ordinances, including, without limitation, the City's laws affecting the granting of a tobacco retailer license.

(ii)

All applications for a tobacco retailer permit shall be submitted in conjunction with the location's business license application (with the exception of nonconforming tobacco establishments which must submit their applications within not less than ninety (90) days of August 16, 2024. The application shall contain, at a minimum, the following information:

a.

The name, address, telephone number, driver's license or similar identification, including date of birth, of each proprietor of the business that is seeking tobacco retailer status.

b.

The business name, address, telephone number and business hours of the single fixed location for which tobacco retailer status is sought.

c.

If the single fixed location is leased, a copy of the lease and the name, address and phone number of the property owner of the single fixed location.

d.

A single name and mailing address authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this Chapter (the "authorized address"). If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in Subsection b. above.

e.

A statement signed by each proprietor that no drug paraphernalia, as defined in Section 16-01.03.010 of this Title, is or will be sold at the business applying for the TRL.

f.

Proof that the location for which tobacco retailer status is sought has been issued a valid California Cigarette and Tobacco Products Retailer's License by the California Department of Tax and Fee Administration.

g.

Whether or not any proprietor or prior proprietor of the business, to the best of applicant's knowledge, has admitted violating, or has been found to have violated, this Chapter or whose proprietorship has admitted violating, or has been found to have violated, this Chapter, and, if so, the dates and locations of all such violations within the previous six years.

h.

Such other information as the Zoning Administrator deems necessary for the administration or enforcement of this Chapter.

i.

All information required to be submitted in order to apply for a tobacco retailer license shall be updated with the City whenever the information changes. A tobacco retailer shall provide the City with any updates within ten (10) business days of a change.

j.

A copy of the conditional use permit for the location, if applicable (or an explanation as to why such permit is not required).

k.

Proof of a passed initial inspection or proof of a failed initial inspection still within the thirty (30) day re-inspection period, applicable to nonconforming tobacco establishments only.

(iii)

Upon the receipt of an application for a tobacco retailer license and the business license fee required by the Development Code (for new establishments; no business license fee is required for existing nonconforming tobacco retailers, provided they have a current valid City business license at the time of application), the City shall grant a TRL in conjunction with the City business license unless substantial evidence demonstrates that one or more of the following bases for denial exists:

a.

The information presented in the application is incomplete, inaccurate, or false. Intentionally supplying inaccurate or false information shall be a violation of the Development Code.

b.

The application seeks authorization for tobacco retailing at a location for which this Chapter prohibits issuance of tobacco retailer licenses. However, this paragraph shall not constitute a basis for denial of a TRL if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring a legally nonconforming tobacco retail establishment in an arm's length transaction.

c.

The application seeks authorization for tobacco retailing for a proprietor to whom the Development Code prohibits tobacco retailer status to be granted.

d.

The application seeks authorization for tobacco retailing that is prohibited pursuant to this Chapter (e.g., mobile vending), that is unlawful pursuant to any provision of the Victorville Municipal Code, or that is unlawful pursuant to any other law.

e.

The application seeks authorization for tobacco retailing at a location in noncompliance with the operating standards and/or compliance monitoring requirements set forth in Subsections 16-3.07.015(b)(5) and 16-3.07.015(c) of this Section.

f.

A denial of a license application shall be in writing, citing the reasons for such denial and shall be appealable in accordance with the administrative appeal procedures outlined in Chapter 2, Article 2 of this Title.

(iv)

A TRL is non-transferable and shall be valid for a period of up to one year. A TRL is further subject to annual renewal, including licensing and inspection fees, in conjunction with the City business license renewal process.

a.

A TRL renewal shall only be granted if no violations are found during the annual compliance monitoring inspection required by Subsection 16-3.07.015(c)(1) of this section.

(v)

A TRL may be denied pursuant to Subsection 16-3.07.015(b)(4)(iii) of this Article.

(5)

Existing Nonconforming Tobacco Retailer Establishments.

(i)

Regulations established.

a.

All nonconforming tobacco retail establishments, as defined in Section 16-01.03.010 of this Title, lawfully operating prior to August 16, 2024 are legal nonconforming uses and shall be permitted to continue operating as tobacco retailer establishments. Such establishments may continue to lawfully operate provided the business is conducted in compliance with the operating standards contained in Subsection 16-3.07.015(b)(6)(ii) and all other applicable provisions of the tobacco retailer establishment regulations specified in this Subsection 16-3.07.015(b).

(ii)

Automatic nonconforming tobacco retailer designation.

a.

As of August 16, 2024, each tobacco retailer establishment in the City is a nonconforming tobacco retailer establishment, as defined in Section 16-1.01.010 of this Title, provided it was lawfully operating prior to August 16, 2024. In order to obtain and maintain legal nonconforming status, each nonconforming tobacco retailer shall:

1.

Comply with all requirements and operational standards for tobacco retailer establishments set forth in Subsection 16-3.07.015(b)(6)(ii) of this Section and the nonconforming use provisions in Article 5 of this Chapter;

2.

Obtain and maintain an annual tobacco retailer license as set forth in Subsection 16-3.07.015(b)(4), as applicable; and

3.

Complete and pass an initial and annual inspection as outlined in Subsection 16-3.07.015(c) of this Section.

(iii)

Nonconforming tobacco retailers; Notice.

a.

Prior to August 16, 2024, the City shall notify the proprietor of a tobacco retailer of its nonconforming status at the address as shown on their City business license, and also, if not the same, shall notify any property owner at the address shown on the county assessor's property tax assessment records. The notice shall be sent by certified mail with return receipt requested and shall include:

1.

A copy of the tobacco operational standards specified in Subsection 16-3.07.015(b)(6)(ii) of this Article with the requirement that they be posted in a conspicuous and unobstructed place visible from the entrance of the tobacco retailer establishment for public review;

2.

Notification that the establishment is required to comply with all tobacco operational standards;

3.

Notification that initial and annual compliance inspections will be conducted by the City to ensure compliance and that collection of the compliance inspection fee set forth in the City's most recently adopted master fee schedule will be required (as applicable);

4.

Notification the establishment is required to comply with all other aspects of the tobacco retailer establishment regulations, including, the requirement to obtain a tobacco retailer license (as applicable).

b.

Should the notice be returned, then the notice shall be sent via first-class mail and hand delivered by City Code Enforcement or Planning Department staff to the subject tobacco retailer business location. Failure of any person to receive notice given pursuant to this section shall not affect the nonconforming status of the establishment.

c.

Nonconforming tobacco retailers shall be provided not less that ninety (90) days August 16, 2024 to comply with the operational standards outlined in Subsection 16-3.07.015(b)(6)(ii) of this Section, unless otherwise granted an exception by the Planning Commission in conjunction with approval of a conditional use permit pursuant to Article 2 of this Chapter.

1.

Within the ninety (90) day compliance period provided, tobacco retailers in full compliance with the tobacco operational standards, as determined by the City of Victorville Code Enforcement and Planning Departments in accordance the compliance monitoring procedures set out in Subsection 16-3.07.015(c), and having obtained the required tobacco retailer license shall retain their legal nonconforming tobacco retailer status.

2.

Those nonconforming tobacco retailers maintaining noncompliance with the tobacco operational standards at the conclusion of the ninety (90) day compliance period, and one fifteen (15) day re-inspection period if granted after failure of an initial inspection within the ninety (90) day compliance period, regardless of licensure status, shall lose their legal nonconforming status and be deemed a public nuisance, with abatement proceedings to proceed in accordance with Title 13, Chapter 13.02 and Title 16, Chapter 6 of the Victorville Municipal Code.

(6)

Tobacco operational standards.

(i)

Operational standards; applicability.

a.

Applicable to all new and existing nonconforming tobacco retailers.

1.

Tobacco retailer sales activities and establishments shall be designed, constructed, and operated to conform with all of the tobacco operational standards and display limitations outlined in Subsection 16-3.07.015(b)(6)(ii).

b.

Failure to comply with any of these requirements shall constitute grounds (but not the sole grounds) for revocation of the TRL and/or the establishment's business license.

(ii)

Tobacco retailer establishments shall be designed, constructed, and operated to conform to all of the following operational standards and tobacco sales limitations:

a.

An establishment shall not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.

b.

An establishment shall not result in nuisance activities within the premises or on adjacent properties or roadways, including without limitation, disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, sales to minors, or police detentions and arrests that were not otherwise mitigated during the early stages of disturbance.

c.

An establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including without limitation, those in the California Health and Safety Code Sections 11014.5 and 11364.5; the California Uniform Controlled Substances Act, commencing with California Health and Safety Code section 11000; California Business and Professions Code Sections 22950—22964; as well as any condition imposed on any permits issued pursuant to applicable laws, regulations, or orders. This includes payment of annual City business license fees.

d.

The premises upkeep and operating characteristics shall be compatible with, and shall not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

e.

The following shall be prohibited at any tobacco retailer business location:

1.

Smoking or vaping on the premises at any time.

2.

The sale of tobacco products and paraphernalia to a person under the age of 21.

3.

Sales solicited or conducted on the premises by minors.

4.

The sale of drug paraphernalia.

5.

The sale of flavored tobacco products or presumptive flavored tobacco products.

6.

Distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as tobacco coupons for said items.

7.

The sale of tobacco products and paraphernalia via a vending machine, by a sidewalk vendor or mobile vehicle vendor (mobile vending), or via temporary use permit.

f.

The display area of tobacco products, including tobacco paraphernalia, shall be subject to the following limitations:

1.

Shall not exceed 10 percent of the total floor area of a business establishment, excluding smoke shops, as defined in Section 16-1.03.010 of this Title, maintaining legal nonconforming status and a TRL.

2.

Shall be located behind a service counter in a manner that prohibits self-service by the customer.

3.

Display area devoted to tobacco paraphernalia shall not exceed a 2-foot in depth by 4-foot in length section of a single shelf space, excluding smoke shops maintaining legal nonconforming status and a TRL.

g.

An establishment shall comply with the following public nuisance prevention measures:

1.

Lighting: Exterior areas of a single-tenant or multi-tenant property, including but not limited to parking lots, driveways, circulation areas, passageways, recesses, and grounds contiguous to buildings, shall be provided with sufficient illumination levels to make clearly visible the presence of any persons on or about the premises from dusk to dawn in order to provide a safe, secure environment for all persons, property, and vehicles on-site. A minimum of 0.5 foot candle of illumination shall be maintained at any land surface point throughout the area to be illuminated. The overall area to be illuminated on-site shall have a minimum average of 2-foot candles at the land surface. Where a light source is directed to emanate horizontally and is visible from outside the property boundary, shielding shall be required to reduce glare to the greatest degree practicable.

2.

Litter: Adequate litter receptacles shall be provided on site and in the building. The premises shall be kept free of the accumulation of litter and shall be removed no less frequently than once each day the business is open.

3.

Loitering: The establishment's operators or employees shall be required to discourage loiterers and to ask persons loitering longer than fifteen minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.

4.

Signage: There shall be no exterior advertising of alcoholic products, or tobacco and paraphernalia or similarly controlled products in excess of the signage allowances provided by the California Business and Professions Code and Article 22 of this Title.

5.

Signs: The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:

i.

"California State Law prohibits the sale of tobacco products to persons under 21 years of age."

ii.

"No Loitering or Public Drinking."

iii.

"It is illegal to possess an open container of alcohol in the vicinity of this establishment."

6.

Mitigating Related Problems: The tobacco retailer shall be required to operate in a manner which mitigates problems related to its business operations that negatively impact those individuals living or working in the neighborhood, including without limitation, loitering, violence, drunkenness, public urination, solicitation, drug-dealing, drug use, and loud noise on or near the premises. Such mitigation measures shall include the operators and employees of the establishment maintaining adequate surveillance of the premises and nearby areas and contacting local law enforcement officials during the early stages of a disturbance.

7.

Prohibited Vegetation: Exterior vegetation shall not be planted or maintained that could be used as a hiding place for persons on the premises. Exterior vegetation may be planted and maintained in a manner that minimizes its use as a hiding place.

8.

Window Obstructions: To ensure a clear and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance, including the area in which the cash registers are maintained, window obstructions (including window signs, vending machines, shelves, racks, storage, etc.) shall not cumulatively block windows or entry doors in excess of the allowances provided for window signs by Article 22 of this Chapter.

9.

Posting of Documents: A copy of these operational standards, any applicable California Department of Tax and Fee Administration or City operating conditions and licenses shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment as well as any City code enforcement officer or authorized state or county official.

(iii)

Failure to comply with any of these requirements shall constitute grounds (but not the sole grounds) for revocation of an associated conditional use permit, TRL and/or business license.

(c)

Monitoring, inspections, and violations

(1)

Compliance monitoring.

(i)

Applicability. With the exception of an off-site alcoholic beverage sales establishment consisting of a general retail store, a grocery store, or a retail pharmacy with greater than 8,000 square feet of gross floor area and a maximum of 10 percent of the gross floor area devoted to the sale and display of alcoholic beverages, all off-site alcoholic beverage sales establishments required to obtain a conditional use permit or having deemed approved status and all tobacco retailers required to obtain tobacco retailer licenses, shall be subject to an initial inspection upon approval of a conditional use permit, or upon notification provided in accordance with Subsections 16-3.07.015(a)(5)(iv) or (b)(5)(iii) of this Section (as applicable), as well as an annual monitoring inspection thereafter in conjunction with the business license renewal process. These inspections will be made by either the Code Enforcement or Planning Departments to assess an establishment's compliance with all applicable laws and operating or performance standards outlined in the Development Code and will include the collection of the compliance inspection fee set forth in the City's most recently adopted master fee schedule.

(ii)

Scope of Alcohol Sales Establishment and Tobacco Retailer Inspections. The Code Enforcement Department or Planning Department, shall conduct an interior and exterior site inspection of public areas of each off-site alcoholic beverage establishment and tobacco retailer prior to the initial issuance of a business license or granting of a TRL, prior to the annual issuance of a renewal business license or renewal of a TRL, or upon notification provided in accordance with Subsection 16-3.07.015(a)(5)(iv) or (b)(5)(iii) of this Section. The scope of the inspection shall include, but is not limited to:

a.

Exterior property maintenance and cleanliness;

b.

Landscape maintenance in accordance with the Development Code;

c.

Maintenance and upkeep of the primary structure such as windows, paint/stucco, weather protection, roof and other architectural features as well as ancillary site features such as off-street parking, trash enclosures, etc.; and

d.

Compliance with operating standards or performance standards outlined in Subsection 16-3.07.015(a)(3)(iv)a, (b)(6)(ii), or (a)(5)(iii)a. of this Section, including without limitation, public nuisance prevention measures, display area limitations, and sales of permitted beverage type and container sizes.

(iii)

Alcohol Sales Establishment and Tobacco Retailer Initial Inspections. Upon approval of a conditional use permit for an off-site alcoholic beverage sales establishment, upon application by a tobacco retailer for a TRL, or upon notification to establishments provided in accordance with Subsection 16-3.07.015(a)(5)(iv) or (b)(5)(iii) of this Section, the aforementioned establishments shall undergo one initial compliance inspection to be conducted by either the Code Enforcement Department or Planning Department prior to the issuance of a business license, prior to the granting of a TRL, or within ninety (90) days of August 16, 2024 for deemed approved establishments or legal nonconforming tobacco retail establishments, and one compliance re-inspection to be conducted no sooner than fifteen (15) days after a failed initial compliance inspection unless the business owner requests the re-inspection take place at an earlier date.

a.

Any new off-site alcohol sales establishment for which a conditional use permit has been approved, or tobacco retailer establishment that has applied for a TRL, shall not be issued a business license, or granted a TRL, until any violation found after the initial compliance inspection, or the compliance re-inspection is resolved. Operation of a business without a business license shall be subject to the penalties and enforcement provisions of Section 16-6.01.100 of this Title.

b.

Any violation found at a legal nonconforming tobacco retailer establishment or deemed approved alcohol sales establishment for which the compliance period has been exhausted pursuant to Subsection 16-3.07.015(a)(5)(ii) or (b)(5)(iii) of this Section, shall be subject to the penalties and enforcement provisions of Section 16-6.01.100 of this Title.

(iv)

Alcohol Sales Establishment and Tobacco Retailer Annual Renewal Inspections. An offsite alcoholic beverage sales establishment for which a conditional use permit has been approved, or tobacco retailer establishment seeking a renewal business license or renewal of a TRL, or an establishment having deemed approved status, shall undergo one compliance inspection to be conducted by the Code Enforcement Department within thirty (30) days prior to the expiration of the business license or TRL, and one compliance re-inspection to be conducted no sooner than fifteen (15) days after a failed annual renewal inspection. Any violation found after the compliance re-inspection shall be subject to the penalties and enforcement provisions of Section 16-6.01.100 of this Title.

(v)

Notice of Annual Alcohol Sales Establishment and Tobacco Retailer Renewal Inspection.

a.

Prior to business license expiration for an off-site alcohol sales establishment or tobacco retailer, the City Manager, or his or her designee will mail a business license renewal notice to the business owner and the business owner's authorized representative (if any) notifying the business owner of the following:

1.

The business owner's requirement to renew the annual business license as well as the tobacco retailer license (as applicable); and

2.

Notice that Code Enforcement staff will inspect interior and exterior public areas of the business establishment to ensure that it is compliance with applicable conditional use permits, deemed approved performance standards, or tobacco operational standards (as applicable) within thirty (30) days of the date of the renewal notice.

b.

Said notice will be mailed by first-class mail to the business owner and the business owner's authorized representative (if any) as it appears in the City business license records, and a copy will also be mailed to the alcohol sales establishment or tobacco retailer establishment to be inspected. In the case of multiple business owners of the same alcohol sales establishment or tobacco retailer, notice to any one of the business owners is sufficient notice.

c.

In the event a business owner, business owner's authorized representative (if any), or tenant at the alcohol sales establishment or tobacco retailer location refuses to allow the City access to conduct the interior and exterior site inspection of public areas, the City Manager, the City Code Enforcement Official, or their designees shall proceed in accordance with Section 16-6.01.050 of this Title and may use such other legal remedies as may be available at law or in equity to ensure that an inspection is conducted as required by this Section.

d.

If the City is not able to obtain the consent of the business owner, business owner's authorized representative (if any), or tenant of the alcohol sales or tobacco retailer establishment to conduct an inspection, the City shall withhold issuance of the business license until the inspection is conducted.

(vi)

Results of Initial/Annual Alcohol Sales Establishment and Tobacco Retailer Inspections. After completion of the alcohol sales establishment or tobacco retailer initial inspections, the annual business license renewal inspections, or any re-inspection following an initial/renewal inspection where the alcohol sales establishment or tobacco retailer fails the inspection due to having violation(s) on the property, the City shall issue a Notice of Violation to the property owner and the business owner as noted in the City's business license records pursuant to Section 16-6.01.080 of this Title. As applicable, the Notice of Violation shall contain all information required by Sections 16-6.01.060 and 16-6.01.070 of this Title, including but not limited to, the following:

a.

An itemization of any violation(s) of the applicable laws identified during the inspection;

b.

The period of time given for correcting each of the identified violations;

c.

Notice that the City will re-inspect the alcohol sales establishment or tobacco retailer no sooner than the end of the period of time for correction;

d.

A statement that if the violations found by the Code Enforcement Department or Planning Department during the alcohol sales or tobacco retailer establishment reinspection have not been corrected, the City will not issue or renew the business license, grant a renewal tobacco retailer license, confirm that the deemed approved status may be continued for an alcohol sales establishment, or confirm that legal nonconforming tobacco retailer establishment status may be maintained, as the case may be, and that the City may pursue any legal remedies available to it under Section 16-6.01.100 of this Title, and other applicable laws in order to abate said violations.

(vii)

Passed Inspections. If no violations are found as a result of an initial or annual renewal inspection or re-inspection, the City's record shall so state, and the City shall issue or renew the business license, and continue the deemed approved status of the establishment, or grant or renew the TRL, provided any other outstanding business license requirements are satisfied. All inspection reports shall be available as a public record upon request.

(2)

Violations.

(i)

Whenever the City Manager or his/her designee determines that a violation of this Section exists, a Code Enforcement Officer shall issue a written Notice of Violation containing all information required by Sections 16-6.01.060 and 16-6.01.070 of this Title, as applicable. The notice shall be provided pursuant to Section 16-6.01.080 of this Title. Said notice shall describe with reasonable detail the violation(s) so that the business owner has the opportunity to correct any identified violation(s). Any person who fails to comply with any provisions of this Article after receiving written notice of the violation(s) and who has exhausted the period of time provided to correct such violation(s) shall be deemed to be in violation of this Section.

(ii)

A violation of this Section shall be enforced in accordance with Section 16-6.01.100 of this Title. The City Manager or his/her designee may also take action to revoke an establishment's business or tobacco retailer license and refer deemed approved or conditionally permitted establishments to the Planning Commission for revocation or modification action if the business owner has failed to correct any or all violations. Any revocation, or modification to the licenses, permit, and status noted herein shall be subject to the following standards and procedures:

a.

Business and tobacco retailer licenses. Shall be subject to standards and procedures outlined in Chapter 7, Article 2 of this Title.

b.

Conditional use permit. Shall be subject to the standards and procedures outlined in Subsections 16-3.07.015(a)(4) and (a)(6).

c.

Deemed approved establishments. Shall be subject to the standards and procedures outlined in Subsections 16-3.07.015(a)(5)(vi) and (a)(6).

(iii)

Any alcohol sales establishment or tobacco retailer that has been issued a notice pertaining to a violation of this Title (not including an administrative citation), may appeal such notice in accordance with Section 16-6.01.150 thereof.

(iv)

Any alcohol sales establishment or tobacco retailer that has been issued an administrative citation pertaining to a violation of this Title may appeal such citation in accordance with Section 1.05.090 of Chapter 1.05 of Title 1 of the Victorville Municipal Code.

(v)

Any alcohol sales establishment or tobacco retailer that has been subjected to enforcement actions under Section 16-6.01.100 of this Article and remains noncompliant with any provisions thereof, including any alcohol sales establishment or tobacco retailer maintenance requirements and the adopted International Property Maintenance Code, or any state or local law relating to operating standards, property maintenance, building codes, or land use requirements, shall be considered a public nuisance and subject to abatement procedures set forth in Title 13, Chapter 13.02 and Title 16, Chapter 6 of the Victorville Municipal Code.

(3)

Complaint based inspections. Nothing contained in this Article shall prevent or restrict the City's authority to inspect any alcohol sales establishment or tobacco retailer in response to a complaint alleging Victorville Municipal Code violations or violations of any other applicable laws, or to pursue any and all remedies available under the Victorville Municipal Code or other applicable laws.

(4)

Failure to pay fees. Should an alcohol sales or tobacco retailer establishment business owner fail to timely pay the annual business license fee, compliance inspection fee, any cost recovery fee, or administrative fine related to the enforcement of and compliance with this Article, such unpaid fees or fines shall be a debt to the City enforceable in accordance with Sections 16-6.01.140 and 16-7.05.080 of the Development Code and Section 1.05.110 of Victorville Municipal Code.

(Ord. No. 2450, § 3(Exh. A), 7-16-24)

Certain uses, because of their nature and characteristics, may negatively impact neighboring properties and businesses. In order to help ensure these uses are not injurious to the health, safety and welfare of the community, the City has developed minimum standard operating requirements, or conditions. These requirements are a starting point and may be modified by the hearing body based on circumstances applicable to the site. The following special requirements apply to certain permitted and conditional uses in any zoning district. All other development requirements contained in the zone district shall also apply.

(a)

Automobile repair (light) in C-2/C-4 General Commercial

When designed and sited properly within a commercial shopping center, certain light automobile repair businesses can meet the intent of the General Commercial Zoning District. Although not retail in nature, these certain service related shops can enhance a shopping center by providing a service to retail shoppers, therefore aiding in the success of the center as a whole, while not being detrimental to other businesses. So long as all of the following is met, light automobile repair shall be subject to a conditional use permit within the C-2/C-4 Zoning District.

(1)

Light automobile repair may be permitted in a shopping center on a minimum of 10 acres in size and within a standalone building only (unless accessory to a large retail business).

(2)

The building must be designed for light automobile repair with accompanying bay doors, a maintenance area and a small accessory office/sales area.

(3)

The building shall be sited within the shopping center so as to function efficient in regards to parking, circulation and access.

(4)

The bays shall be faced away from any street, typically being faced interior, and shall be faced away from any residentially zoned property.

(5)

Where the shopping center is adjacent to residentially zoned property, the light auto repair business shall be subject to restricted hours; Monday through Saturday 9:00 a.m. until 5 p.m. and Sunday 10 a.m. until 3 p.m., unless otherwise approved by the Zoning Administrator.

(6)

All work shall be performed indoors only and there shall be no outdoor storage of inoperative vehicles, equipment, oil canisters or used tires.

(b)

Galleria

(1)

The minimum individual shop size within a Galleria shall be 350 square feet in area. Notwithstanding, up to 25% of the total number of shops may be a minimum of 250 square feet in area.

(2)

The aisle width within a Galleria shall be a minimum of twelve feet.

(3)

All individual shops shall have glass store fronts.

(4)

The display or hanging of merchandise within the Galleria aisles or outside individual shop walls is prohibited.

(5)

The sale of used merchandise is prohibited unless the items are deemed unique, subject to the discretion of the Zoning Administrator.

(6)

Prior to occupancy, a lease floor plan and improvement plan in accordance with the Victorville Municipal Code shall be submitted and approved by the Zoning Administrator through a minor Site Plan application. Said plans shall include, but not limited to, a floor plan, colors, materials, architectural features, lighting and signage.

(7)

Prior to certificate of occupancy, a master sign program shall be submitted and approved, which includes interior and exterior signage and a shop directory.

(8)

A common resting and seating area shall be required for each Galleria.

(9)

The Galleria owner shall provide for on-site security and maintenance during operating hours.

(c)

Emergency Shelters

(1)

An emergency shelter may include general office activities and provide for services clients such as, donations, mail reception, referral services, job placement services, worship, bible study, group meetings and clothing assistance.

(2)

The maximum length of stay for a resident(s) of an emergency shelter shall be six months.

(3)

An emergency shelter shall be at a minimum of 1,000 feet from a nursing home, school, public park, assembly facility or another emergency shelter.

(4)

Emergency shelters shall be located within ½ mile of a public transportation facility or bus stop.

(5)

Off-street parking shall be provided at the ratio of one on-site parking space for every ten adult beds, plus one additional space for the on-site manager. No client shall sleep or live within a motor vehicle on the shelter property at any time.

(6)

All shelters shall meet and comply with all Local, County and State Health and Safety codes and laws such as, but not limited to, the California Building Code, the California Fire Code and the San Bernardino County Division of Environmental Health Services.

(7)

Prior to occupancy, an emergency shelter must be inspected to ensure all standards are met. No facility may operate unless all requirements are satisfied.

(8)

Yard sales are limited to three (3) consecutive days and up to four times per calendar year. Car washes are limited one day and up to four times per calendar year. Both events must have all applicable permits approved and all fees paid.

(9)

Any outdoor or indoor event/use not specifically permitted with an emergency shelter shall require review and approval of a Temporary Use Permit by the Development Department subject to the discretion of the Zoning Administrator.

(10)

There shall be no outdoor storage permitted, including but not limited to, clothes lines, and shopping carts.

(11)

Loitering or panhandling at or near emergency shelters is prohibited, including but not limited to, businesses, sidewalks, parking lots, public parks, rights-of-way or other private properties.

(12)

The intake or gathering of homeless for meals, temporary uses or events shall occur in an enclosed or screened area and the queuing of any individuals shall not be visible from the right-of-way.

(13)

On-site personnel shall be provided during all hours of operation and a designated area shall be maintained for such personnel near the main entry of the facility.

(14)

Each emergency shelter must designate and maintain set hours of operation for intake and discharge and must clearly display the hours of operation at the entrance.

(15)

An emergency shelter shall not admit any person who is wanted by the police or has been convicted of a violent crime. The operator shall conduct a background check using the Megan's Law database and restrict client intake in accordance with state sex offender residency restrictions.

(16)

Each emergency shelter shall submit, on a monthly basis, the names and number of homeless personnel to the Police Department.

(17)

Emergency shelters shall provide a detailed security plan for review and approval to the Development Department prior to operation. Any violation of the approved security plan shall be grounds for the revocation of the business/occupancy license.

(18)

A restroom facility shall be provided for every twenty clients residing at the emergency shelter. Separate and secured areas shall be provided for both men and women for sleeping, showering and restroom facilities. The homeless shelter manager shall be responsible for ensuring that all restroom and showering facilities comply with city and state building codes.

(19)

All emergency shelters must obtain a business license and an occupancy permit from the Development Department.

(20)

Any food service or on-site meal preparation areas shall comply with all applicable City of Victorville and San Bernardino County Division of Environmental Health Services requirements.

(d)

Industrial uses near residential

All permitted uses listed in the Land Use Table within the Light Industrial (M-1) and Heavy Industrial (M-2) Districts are subject to approval of a Conditional Use Permit, as prescribed in Article 2 of this Chapter, when located within five hundred feet of any residential district or any public use.

(e)

Massage establishment, technician and outcall massage requirements

(1)

The provisions of this section shall not apply to state licensed: physicians, surgeons, chiropractors, osteopaths, nurses, physical therapist, or other health professionals, and those under their supervision (within a professional office); barbers or cosmetologists who are licensed to practice under the laws of the State of California; coaches and trainers acting within their scope of employment at an accredited high school, junior college, college or university; and any person administering massages at a recreational or special event or temporary use that has been approved by the City and when the massages are conducted in an open environment.

(2)

No massage establishment may be located within three thousand (3,000) feet of another massage establishment nor within six hundred (600) feet of an elementary, secondary or high school; nor within two hundred (200) feet of a lot in the residential zone.

(3)

Every person performing massage services for compensation shall obtain and maintain a valid state massage certification from the State Massage Therapy Council.

(4)

Any person operating a massage establishment, or engaging in the business of providing massage services or outcall massage services shall apply for and obtain a business license pursuant to Section 16-7.01 of this Code.

(5)

Proof of state massage certification from the State Massage Therapy Council shall be provided with the business license application.

(6)

Each person providing massage services shall have a valid state massage certification from the State Massage Therapy Council, a copy of which shall be conspicuously posted in the room or location where massage services are provided.

(7)

Maintain verification that all massage technicians working at the establishment have state massage certification from the State Massage Therapy Council, which shall be provided at the request of local authorities.

(8)

A dressing room shall be provided which is used only by clients of the same sex at the same time.

(9)

Payment for all massage services and tips shall be made in the reception area. Tip envelopes may be located in the treatment rooms and dropped off in the reception area.

(10)

No alcoholic beverages are allowed on the premises of the massage establishment.

(11)

All employees and massage technicians shall remain fully clothed. The clothing shall not be transparent, nor shall it expose the buttocks, genital area or breasts.

(12)

All massage establishments shall be closed for business between the hours of 10 p.m. and 7 a.m.

(13)

No massage technician, practitioner or therapist shall place either his/her hands upon, or touch with any part of his/her body, a sexual or genital part of any other person in the course of a massage, or massage a sexual or genital part of any other person.

(14)

No massage technician, practitioner or therapist shall uncover or expose the sexual or genital parts of any client or themselves in the course of giving a massage, or before or after a massage.

(15)

All outcall massage services with a principal place of business located inside or outside of City limits which provides massage services within City limits shall obtain and maintain a city business license.

(16)

Any person practicing outcall massage services within City limits shall have a valid state massage certification from the State Massage Therapy Council, and shall carry the certificate with them at all times while performing massage[s] in the city and shall provide such certification if requested by any Police Officer or Code Enforcement Officer.

(17)

The owner of any massage establishment or outcall massage service within the City is responsible for the conduct of all employees working within the City limits. Any violation of provisions of this Chapter, or any other ordinance of the city, shall be justification for revocation of the owner's business license and any associated Conditional Use Permit or Home Occupation Permit.

(18)

Any massage establishment whose Conditional Use Permit has been revoked, or any Conditional Use Permit that has expired, shall conform with all requirements of Title 16 as applicable, prior to application submittal of a new Conditional Use Permit.

(19)

Any massage establishment or outcall massage service operated or maintained contrary to the provisions of this Chapter or other ordinances of the city shall result in the revocation of the business license in accordance with the procedures of this Code. Additionally, any violations of this Chapter are hereby deemed a public nuisance and may be abated according to Chapter 1.04 and/or remedied in accordance with Chapter 1.05 of the Victorville Municipal Code.

(20)

Any massage technician or therapist that violates any provision of this Chapter or other ordinance of the city shall result in the revocation of their business license in accordance with the procedures of this Code.

(21)

All massage establishments shall post a current list of all licensed massage technicians providing massage services at the location. The list shall be displayed in a conspicuous public place within the massage establishment and shall only include those licensed massage technicians that have been verified by the City of Victorville in conjunction with business license approval.

(22)

All massage establishments shall display the applicable standards contained within this section in a conspicuous public place within the massage establishment.

(f)

Neighborhood Commercial (C-1) uses within the Initiative areas

Those uses listed under the C-1 Neighborhood Commercial Zone within Land Use Table 7-1, may be allowed within residentially zoned City Initiative areas through the approval of a Conditional Use Permit in accordance with Chapter 3, Article 2 of Title 16.

(g)

Photovoltaic solar power generation facilities within R-1 districts.

(1)

A minimum of twenty-four percent of the facility's perimeter shall abut an overhead electrical utility easement measuring a minimum of 200 feet in width or adjacent solar facility.

(2)

The entire facility shall be separated from adjacent residentially zoned property by an overhead electrical utility easement measuring a minimum of 200 feet in width, an improved public street or by a solid block wall installed at the time the abutting residential property is developed.

(3)

Solar Panels shall not exceed ten (10) feet in height above ground level.

(4)

A seven (7) foot tall decorative perimeter block wall with an enhanced landscape buffer shall be placed where the project abuts a public street. Barbed wire placed on the block wall shall not be visible from the public street.

(5)

Chain link fencing, with barbed wire, is permissible along the overhead electrical utility easement frontage and when abutting vacant residential land.

(h)

Schools

Parochial, private, public or charter schools shall satisfy the requirements of the compulsory education laws of the State.

(i)

Shopping Cart Requirements

(1)

All businesses that provide shopping carts for customers or public to use shall contain and control all shopping carts within the boundaries of their premises, except as expressly provided for in California Business and Professions Code section 22435.4.

(2)

In accordance with California Business and Professions Code section 22435.1, the following measures shall be implemented on all existing and new businesses that provide ten (10) or more shopping carts for customer use:

i.

Mandatory Signage. Businesses shall post signage in a conspicuous place on their premises within two feet of customer entrances and exits that states: "Removal of shopping carts from the premises is prohibited by law. B&P Code Section 22435.2"

ii.

Shopping Cart Identification. Businesses shall permanently affix a sign to all shopping carts which contains the following information:

1.

The retailer and/or owner of the shopping cart, including business name and store number if applicable;

2.

A notification of the procedures for authorized removal of the shopping cart from the premises;

3.

A notification that the unauthorized removal of the shopping cart from the premises, or its unauthorized possession, is a violation of state law; and

4.

Lists a valid telephone number and/or address for returning the shopping cart to the owner or retailer.

(3)

The retrieval of abandoned shopping carts by the City of Victorville is permitted in accordance with California Business and Professions Code section 22435.7. Subsequent impounding, fines, storage, claiming of carts and cost recovery taking place after retrieval by the City of Victorville shall also be in accord with California Business and Professions Code section 22435.7.

(4)

All businesses/owners are required to retain a contract with a private cart retrieval service when ten (10) or more abandoned carts are found or retrieved in any one month period and within thirty days of written notification by the City Manager or his/her designee. Evidence of such contract shall be furnished upon request of the City Manager or his/her designee.

(5)

A Shopping Cart Containment Plan is required of the business/owner when twenty (20) or more abandoned carts are found or retrieved in any one month period and within thirty days of written notification by the City Manager or his/her designee. Shopping Cart Containment Plans shall be subject to the following guidelines:

i.

Shopping Cart Containment Plan requirements. At a minimum, all plans shall include the following elements:

1.

General information, including but not limited to the name, address, phone number and store number of the business/owner. The plan shall also include the areas of the premises where shopping carts are offered for use;

2.

A shopping cart inventory that includes the total number of shopping carts typically maintained at their premises;

3.

A complete description of all mandatory signage required by this section, including current and proposed locations;

4.

Shopping Cart containment measures that include evidence the business/owner maintains or will maintain a cart retrieval service, as well as physical measures that may include any of the following:

a.

Anti-theft shopping cart wheel locks;

b.

Coin-operated/deposit shopping cart use;

c.

Dedicated lot attendant security guard; or

d.

Other physical measures as approved by the reviewing authority.

ii.

Shopping Cart Containment Plan approval, denial, modification and revocation. Plans shall be reviewed by the City Manager or his/her designee in accordance with requirements outlined in this section. Processing of new or modified Shopping Cart Containment Plans shall be as follows:

1.

Plans shall be submitted to the Development Department in accordance with this section as well as the fee and requirements for a minor site plan review;

2.

Plans shall be processed in a timeline consistent with typical minor site plan reviews;

3.

Approval of the plan shall be provided in writing and implementation shall be begin within thirty (30) days of approval;

4.

Denial or revocation of the plan shall be provided in writing and will cause the business/owner to submit a revised plan within fifteen (15) days of denial or revocation. Reasons for denial or revocation of a plan may include the following:

a.

The plan violates any City of Victorville code, law or ordinance; or State of California or Federal law, statute or regulation;

b.

The plan fails to address the requirements outlined in this section;

c.

The plan does not prevent or deter the removal of carts from their premises; or

d.

Ten (10) or more shopping carts are found abandoned in any one (1) week period, constituting a lack of ongoing cart containment measures in accord with subsection (1) of this regulation or an approved plan.

(6)

Enforcement of this section shall be the duty of the City Manager or his/her designee, including but not limited to Code Enforcement, Public Works and/or the Police Department as directed by the City Council.

(j)

Body art facility operating requirements

(1)

The provisions of this section shall not apply to facilities that solely provide ear piercing as an accessory use to a primarily retail location, that only pierces the ear with a disposable, single-use, pre-sterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear, unless otherwise required by the County of San Bernardino Health Department.

(2)

No body art facility may be located within three thousand (3,000) feet of another body art facility nor within six hundred (600) feet of an elementary, secondary or high school; nor within two hundred (200) feet of a lot in the residential zone.

(3)

No alcoholic beverages shall be sold or consumed on the premises.

(4)

No persons under eighteen (18) years of age shall be permitted within the business.

(5)

All business-related activities shall be conducted wholly within a building. "No Loitering" signs shall be placed along the business frontage and shall be enforced by the business owner.

(6)

No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Development Department.

(7)

Pool tables or other amusement devices are not permitted anywhere within the business.

(8)

A valid license and/or permit from the San Bernardino County Health Department shall be maintained at all times for the facility and obtained prior to the issuance of a business license.

(9)

Every person performing body art services for compensation shall obtain and maintain a valid registration with the San Bernardino County Health Department.

(10)

Each body art practitioner shall maintain a valid registration with the San Bernardino County Health Department, a copy of which shall be conspicuously posted in the location where body art services are provided.

(11)

Maintain verification that all body art practitioners working at the establishment have a valid registration with the San Bernardino County Health Department, which shall be provided at the request of local authorities.

(12)

The business shall be in conformity with all city, state and federal laws.

(13)

The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity.

(14)

All outcall body art services with a principal place of business located inside or outside of City limits which provides body art services within City limits shall obtain and maintain a city business license.

(15)

Any person practicing outcall body art services within City limits shall have a valid registration with the San Bernardino County Health Department, and shall carry the registration with them at all times while performing body art in the city and shall provide such registration if requested by any Police Officer or Code Enforcement Officer.

(16)

The owner of any body art facility or outcall body art service within the city is responsible for the conduct of all employees working within the city limits. Any violation of provisions of this Chapter, or any other ordinance of the city, shall be justification for revocation of the owner's business license and any associated Home Occupation Permit.

(17)

All body art facilities shall post a current list of all body art practitioners providing body art services at the location. The list shall be displayed in a conspicuous public place within the body art facility and shall only include those registered body art practitioners that have been verified by the city of Victorville in conjunction with business license approval.

(18)

All body art facilities shall display the applicable standards contained within this section in a conspicuous public place within the body art facility.

(k)

Thrift retail stores

(1)

Thrift retail stores shall be subject to the following operating requirements:

i.

The drop off and receipt of donations shall only take place during business hours and must be physically accepted by an employee, unattended drop-off donations or the use of donation drop boxes are prohibited.

ii.

The business shall install and maintain signage that identifies where donations are accepted onsite and stipulates that donation drop-offs are prohibited during non-business hours.

iii.

Donations must be accepted only at designated receiving areas at the rear of buildings screened from the public right-of-way, if designed with service door access and parking/unloading areas that do not impede emergency access; alternatively should a donation area visible from the right-of-way be the only feasible means based on building design, a donation acceptance area shall be provided within the building; and all donations shall only be accepted within the enclosed building.

iv.

Donation sites and receiving areas shall be kept clear at all times and regularly cleaned, at no time shall trash or debris be allowed to collect at the donation site. Outdoor storage of used or donated goods or associated collection/processing apparatus is prohibited.

v.

Operation of any equipment utilized to collect or process used or donated good shall take place only within an enclosed area of the building and no exterior evidence of equipment shall be permitted without being screened from public view, as approved by the Zoning Administrator in accordance with the Commercial Design Guidelines.

vi.

The disposal of any used or donated goods shall be conducted in conformance with the guidelines of the City's waste purveyor, including but not limited to compliance with any material recycling standards.

vii.

Thrift retail stores shall operate primarily in a retail capacity, maintaining the display of products for sale on racks, shelving and display areas, at no time shall the donation and receiving area exceed twenty (20) percent of the overall floor area.

(Ord. No. 2299, 6-18-13, eff. 7-18-13; Ord. No. 2302, § 1, 10-15-13; Ord. No. 2313, § 1, 4-15-14; Ord. No. 2324, § 1, 10-7-14; Ord. No. 2339, § 2, 8-18-15; Ord. No. 2360, § 3, 12-20-16; Ord. No. 2388, § 3, 3-19-19; Ord. No. 2450, § 3(Exh. A), 7-16-24; Ord. No. 2454, § 5(Exh. B), 3-4-25)

The following uses are prohibited by other provisions of this code or are prohibited because it has been determined that such uses contribute to the decline of the health, safety and welfare of city residents and create blight, deter quality businesses from operating or otherwise create a sense of economic decline in commercial neighborhoods.

The uses listed below are not a comprehensive list of all prohibited uses. Other uses not listed in either the permitted and conditional land use table or within this prohibited use section, may be determined permitted or prohibited by the Zoning Administrator based upon the similarity of other uses. Any use which violates local, state or federal laws is also prohibited.

(a)

Prohibited uses

(1)

Commercial cannabis activity.

(2)

Gold exchange businesses (unless accessory to a jewelry store).

(3)

Hydroponic shops (unless accessory to a home improvement store).

(4)

Internet cafes.

(5)

Money service businesses.

(6)

Pawn shops.

(7)

Smoking lounges.

(8)

Smoke shops.

(Ord. No. 2340, § 3, 7-21-15; Ord. No. 2339, § 2, 8-18-15; Ord. No. 2376, § 5, 11-7-17)

Accessory uses and structures are permitted as noted on the Land Use Table (Table 7-1 of Section 16-3.07.010) and are subject to the following standards:

(a)

Accessory Dwelling Units

(1)

Purpose. The purpose of this section is to expand the variety of housing opportunities in the City of Victorville by implementing State Government Code Sections 65852.2 and 65852.22 (hereinafter "Section 65852.2", "Section 65852.22" or "Sections 65852.2 and 65852.22") as they pertain to accessory dwelling units and junior accessory dwelling units. Implementation of these regulations will ensure that accessory dwelling units and junior accessory dwelling units are located in areas where services are adequate to support them and that accessory dwelling units are designed and maintained as a compatible and integral part of the city's residential zoning districts.

(2)

Applicability.

i.

In compliance with the provisions of Section 65852.2, the provisions of this Chapter relating to accessory dwelling units shall apply to all lots that are occupied with an existing or proposed single-family or multi-family residential use that is zoned residential or mixed-use.

ii.

In compliance with the provisions of Section 65852.22, the provisions of this Chapter relating to junior accessory dwelling units shall apply to all lots that are occupied with an existing or proposed single-family residential use that is zoned residential.

(3)

General Standards.

i.

Applications for accessory dwelling units and junior accessory dwelling units shall be approved or disapproved ministerially pursuant to the requirements of this section within sixty days of a determination that the application is complete, unless additional time to act on the application allowed, as permitted by Section 65852.2(a)(3) or 65852.22(c).

ii.

The parcel upon which an accessory dwelling unit or junior accessory dwelling unit is to be built shall comply with all development standards for the district in which it is located, excepting for those allowances provided by Sections 65852.2 and 65852.22.

iii.

An accessory dwelling unit may only be permitted on a lot zoned for residential or mixed-use on which there is already built, or constructed concurrently with an accessory dwelling unit, a permitted single-family or multi-family dwelling.

iv.

A junior accessory dwelling unit may only be permitted on a lot zoned for single-family residential uses on which there is already built, or constructed concurrently with an accessory dwelling unit, a permitted single-family dwelling.

v.

Accessory dwelling units within a mixed-use zone may only be permitted within the residential area of the zone and any commercial or non-residential spaces, including any parking or storage areas designated for non-residential use, shall not be converted into a accessory dwelling unit.

vi.

No more than one accessory dwelling unit and one junior accessory dwelling unit shall be permitted on any parcel or lot zoned for single-family residential use.

vii.

At least one accessory dwelling unit within an existing multi-family dwelling but no more than twenty-five percent of the total number of existing multi-family dwellings on any developed parcel or lot zoned for multi-family or mixed-use shall be permitted; and not more than two detached accessory dwelling units located on parcel or lot that has an existing multi-family dwelling on property zoned for multi-family or mixed-use shall be permitted.

viii.

An accessory dwelling unit or junior accessory dwelling unit shall have adequate water supply pursuant to specifications of the Uniform Plumbing Code.

ix.

Parcels on which an accessory dwelling unit is to be located must be connected to sewer, unless sewer is unavailable or unfeasible as determined by the city engineer in conjunction with a variance or other exemption from the sewer connection requirements.

x.

On properties that include a junior accessory dwelling unit, either the primary dwelling unit or junior accessory dwelling unit must be occupied by the property owner, unless not otherwise required by Section 65852.22.

xi.

An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, except for an accessory dwelling unit or primary dwelling that was built or developed by a qualified nonprofit corporation and is sold or conveyed in accordance with State Government Code Section 65852.26.

xii.

The rental term for an accessory dwelling unit or junior accessory dwelling unit shall not be less than thirty days.

xiii.

An accessory dwelling unit may be either attached or detached from the primary dwelling or converted from existing space within the primary dwelling; and a junior accessory dwelling unit shall be constructed within the walls of a an existing or proposed single-family residence.

xiv.

Fire sprinklers shall only be required in an accessory dwelling unit or junior accessory dwelling unit if required for the primary residential structure.

xv.

At no time may the primary dwelling unit be converted to the extent that it becomes substandard in size as a single-family residence. Except that a one hundred fifty-square foot minimum, efficiency unit with a partial kitchen or bathroom as authorized by California Health and Safety Code Section 17958.1, shall be permitted upon any lot containing a single-family residence and shall be considered an accessory dwelling unit.

xvi.

Restrictive Covenant. Prior to the issuance of a building permit for a junior accessory dwelling unit or as required by the Zoning Administrator, a restrictive covenant against the land, which is binding on the property owner and their successors in interest, shall be recorded with the office of the San Bernardino County Recorder, which specifies that the following:

a.

The sale of the junior accessory dwelling unit separate from the sale of the single-family residence is prohibited.

b.

The size and attributes of the junior accessory dwelling unit shall not exceed the allowances provided Section 65852.22.

c.

Owner-occupancy shall be required in either the primary dwelling or the junior accessory dwelling unit.

(4)

Attached Accessory Dwelling Unit Development Standards. Along with the general standards prescribed by subsection (3), the following development standards apply to attached accessory dwelling units:

i.

The maximum size for an attached accessory dwelling unit is:

a.

Eight hundred fifty square feet for accessory dwelling units with one bedroom or less; and

b.

One thousand square feet for accessory dwelling units with more than one bedroom.

ii.

No setbacks shall be required for an existing living or garage area within the primary dwelling that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit not located within existing living or garage area of the primary dwelling.

iii.

No height limit shall be required for an existing living or garage area within the primary dwelling that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit; however, any accessory dwelling unit that requires modification to existing building height or that is not located within existing living or garage area of the primary dwelling shall not exceed twenty-five feet in height or the height limitation of the underlying zone district that applies to the primary dwelling, whichever is lower.

iv.

The accessory dwelling unit shall be architecturally compatible with the design of the main dwelling and shall match with the same colors and materials of the primary unit.

v.

Independent access to the accessory dwelling unit is required and shall not be located on the same wall plane elevation as the access to the primary dwelling.

(5)

Detached Accessory Dwelling Units. Along with the general standards prescribed by subsection (3), the following development standards apply to detached accessory dwelling units:

i.

The maximum size for a detached accessory dwelling unit is:

a.

Eight hundred fifty square feet for accessory dwelling units with one bedroom or less; and

b.

One thousand square feet for accessory dwelling units with more than one bedroom.

ii.

An accessory dwelling unit may occupy all, or a portion, of an existing detached accessory structure meeting the architectural guidelines set forth in this Chapter.

iii.

The driveway serving the primary dwelling shall be used to serve the accessory dwelling unit whenever feasible.

iv.

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

v.

The accessory dwelling unit shall be architecturally compatible with the design of the main dwelling and shall match with the same colors and materials of the primary unit.

vi.

No setback shall be required for an existing accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit with an existing setback of at least four feet, and a setback of no more than four feet from the side and rear lot lines shall be required for a new accessory dwelling unit.

vii.

No height limit shall be required for an existing accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit; however, any accessory dwelling unit that requires modification to existing accessory structure height or that is not located within an existing accessory structure shall not exceed sixteen feet in height, except that an accessory dwelling unit may be permitted in excess of sixteen feet in height as otherwise allowed for a single-story primary dwelling and not to exceed the height of the primary dwelling or as permitted by CA Government Code Section 65852.2.

(6)

Junior Accessory Dwelling Units Standards. Junior accessory dwelling units that meet all of the following requirements are subject only to the general standards prescribed by subsection (3):

i.

The junior accessory dwelling unit is contained within the existing walls and space of the primary dwelling.

ii.

The junior accessory dwelling unit has independent exterior access from the primary dwelling.

iii.

The junior accessory dwelling unit includes an efficiency kitchen, which at a minimum includes:

a.

A cooking facility with appliances.

b.

A food preparation counter and cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

iv.

The junior accessory dwelling unit does not convert required parking for the primary residential structure located within an attached garage without the concurrent replacement of the existing required parking within an enclosed garage elsewhere on the property in accordance with the size, placement, and design standards of the Development Code.

v.

The junior accessory dwelling unit is architecturally compatible with the design of the main dwelling and includes the same exterior colors and materials of the primary unit.

(b)

Child care
Child care not to exceed the child limits of a large family day care as specified in Title 22 of the California Administrative Code and licensed by the California Department of Social Services.

(c)

Detached habitable accessory structures consisting of pool houses, art or music studios, or other structures intended for recreational purposes are permitted subject to the following:

1.

Habitable accessory structures shall be architecturally compatible with the design of the main dwelling and shall incorporate the same architectural features, colors and materials of the primary unit.

2.

There shall be no indoor kitchen or bedrooms, except as identified within this section.

3.

One detached habitable structure is permitted per lot.

4.

An accessory dwelling unit or guest quarters may occupy a portion of the habitable structure; however, access shall not be permitted from the interior.

5.

Unless permitted as an accessory dwelling unit, detached habitable structures shall not be rented or otherwise used as a dwelling unit.

6.

Accessory structures are subject to the setback, height and size standards specified in Table 8-1 of Section 16-3.08.020.

(d)

Home occupations
The purpose of the home occupation regulations is to allow for home based businesses within residential neighborhoods through a permit process. Home occupations are limited to uses which may be conducted within a residential dwelling without in any way changing the appearance or condition of the residence or interfering with the principal use of the dwelling. No transferring of the home occupation from that site shall be permitted. Further, a home occupation is personal to the applicant only and cannot be transferred or assigned to any other person. Further, there shall be no change or modification as to type of home occupation. Such change or modification shall require the submission of a new home occupation application and approval of a new home occupation permit.

(1)

Administrative Approval.
A home occupation conducted in compliance with the following regulations may be administratively approved:

(i)

Possession of a business license is required.

(ii)

There shall be no exterior evidence of the conduct of a home occupation except for any signage on vehicles unless otherwise regulated by Title 16.

(iii)

A home occupation shall be conducted only within the enclosed living area of the dwelling unit, accessory building or the garage without rendering the garage unusable as the required off-street parking space(s) for the dwelling unit.

(iv)

Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuation in line voltage outside the dwelling unit or which creates noise or odors not normally associated with residential dwelling units shall be prohibited.

(v)

Only the residents of the dwelling unit may be engaged in the home occupation.

(vi)

To the extent that there is any sale of any service or item related to a home occupation by the permittee or seller, no transaction or delivery of that item to the buyer shall occur on or adjacent to the premises.

(vii)

There shall be no signs other than those permitted by the zone regulations.

(viii)

A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.

(ix)

There shall be no modification to existing utility services to accommodate or service the home occupation.

(x)

Any storage of hazardous, toxic, flammable or combustible materials or chemicals associated with the home occupation shall be allowed only if in compliance with city standards.

(xi)

That portion of the dwelling unit occupied by certain home occupations shall be made available for an annual fire inspection to ensure compliance with applicable health and safety standards. A fee may be charged by the fire department for this inspection. Failure to allow the inspection can result in the revocation of the home occupation permit. The Planning Commission shall make the determination as to whether this condition applies to a specific home occupation at the time of approval.

(xii)

No advertisement of the home occupation shall include the address of the residential dwelling where the home occupation is conducted.

(2)

Planning Commission Approval.
A home occupation request deviating from the above standards may be approved by the Planning Commission. The applicant shall be required to demonstrate:

(i)

The need for such a deviation;

(ii)

How said deviation would not result in an impact to the residential neighborhood or interfere with the principal use of the dwelling.

(3)

Prohibited Home Occupations.

(i)

Sales, production or distribution of adult-oriented material or merchandise;

(ii)

Sales or production of weapons (i.e. guns, knives, swords, etc.);

(iii)

Sales or production of drug paraphernalia.

(e)

Home schooling
Home school of not more than eight children, provided not more than six children are from outside of the resident family, shall be permitted.

(f)

Renting of rooms
Not more than one room in a dwelling unit shall be rented to a lodger and no room shall be rented to more than two persons.

(g)

Vehicle repair limitations
The repair and/or maintenance of vehicles in the front yards of residential zone districts shall be limited to the following:

(1)

Repair and/or maintenance activities shall not exceed three consecutive days, excluding weekends.

(2)

Only vehicles owned by the occupant of the residence can be maintained and/or repaired.

This section shall not in any way affect an individual's ability to seek approval to restore vehicles pursuant to Section 13.02.110.

(h)

Swimming pools
A swimming pool is a permitted accessory use in any residential district; provided, however, that no swimming pool shall be located in a required front yard or be in noncompliance with any other section of this code.

(Ord. No. 2388, § 3, 3-19-19; Ord. No. 2443, § 3, 9-5-23)

An accessory use is permitted in any commercial and/or industrial district as noted on the Land Use Table and as subject to the following limitations:

(a)

Administrative office.

(b)

Day nursery or day care facility.

(c)

Outdoor seating in conjunction with restaurants, if approved in conjunction with a Minor Site Plan.

(d)

Outdoor play areas associated with fast-food restaurants, if approved in conjunction with a Minor Site Plan.

(e)

Outdoor cooking in conjunction with a restaurant or other food related use, if approved in conjunction with a Minor Site Plan.

(f)

Outdoor display of retail products in accordance with the following requirements:

(1)

The area of sidewalk used for the display and/or sale of merchandise does not exceed one square foot for every one hundred square feet of indoor space of the establishment maintaining the display;

(2)

The display area is configured such that pedestrian traffic is not impeded; and

(3)

Such outdoor displays shall be maintained in a neat and orderly fashion wherein the merchandise shall be contained at all times.

(g)

Recycling facilities - small manned collection:

(1)

The facility shall not take up required parking spaces.

(2)

Shall be located outside of the primary (high traffic) parking field.

(3)

Shall only be located in shopping center sites that have a grocery/supermarket over 25,000 square feet in size.

(4)

The facility shall not encroach into existing or proposed drive aisles.

(5)

A designated area for customers to congregate in front of the facility shall be delineated. This area shall also not encroach into any required parking stalls or drive aisle.

(6)

The area surrounding the facility shall be maintained and free of trash and debris at all times. Also, the structure shall be well maintained and remain free of graffiti.

(7)

The concrete and/or asphalt surface around the facility shall be pressure washed on a frequent basis to remove beverage residue.

(8)

The facility shall not be located within two hundred feet of a residential district.

(9)

The structure shall not exceed five hundred square feet in size.

(10)

An accessible path of travel shall be provided to the facility and shall also include access to an accessible parking stall.

(11)

Painted signs are prohibited.

(12)

The facility shall be manned during business hours. No unmanned facilities are permitted.

(13)

The structure shall be compatible with the surrounding buildings and shall be improved, so that the structure does not appear as a storage container.

The following additional standards shall apply to recycling facilities that are located in front of the primary wall plane of the Anchor Store(s) and/or are visible from public rights-of-way.

(14)

The facility shall be architecturally designed as a permanent structure and match adjacent buildings in style, roof, color and material.

(15)

Permanent landscaping shall be provided on the sides of the facility.

(16)

The loading area (rear access doors) shall not be visible from the public right-of-way.

(17)

The structure shall be setback a minimum of one hundred feet from a public street.

(h)

Restaurant, café or cafeteria.

(i)

Accessory uses shall not exceed a total of ten percent of the total floor area of the principal use occupying the building.

(j)

The open storage of materials, products, and equipment is allowed, except when adjacent to a residential zone district. The open storage of materials, products and equipment shall be screened from public view by a wall, building, or other means, not less than six feet in height, adequate to conceal the storage.

(Ord. No. 2302, § 1, 10-15-13; Ord. No. 2360, § 3, 12-20-16)

Uses of a nonpermanent nature shall be allowed subject to the limitations set forth in this Chapter.

(a)

Zoning Administrator approval. The following temporary uses shall be allowed subject to review and approval or conditional approval of the Zoning Administrator:

(1)

Unless otherwise permitted by this Title, any permitted or conditionally permitted use within that zone being conducted wholly within an enclosed building for a period not to exceed ninety consecutive days.

(2)

Unless otherwise permitted by this Title, any permitted or conditionally permitted use within that zone being conducted in whole or in part outdoors for a period not to exceed initially thirty consecutive days. Upon application for extension, the Zoning Administrator may grant up to two thirty consecutive day extensions for a total maximum term of ninety consecutive days in any one calendar year.

(3)

Construction trailer and/or use necessary and incidental to the construction of a building or group of buildings when located on the same property and only during the period of construction.

(4)

Open air sale of Christmas trees during the Christmas season or other seasonal sales lots in a C district or M district where land is not in its natural state. Christmas tree sales lots shall comply with Victorville Municipal Code Chapter 13.46 entitled "Regulation of the sale of Christmas trees on vacant land and within structures."

(5)

Parking Lot/Private Sidewalk Sale.

(i)

In any C district a sale in parking lots and/or private sidewalks may be permitted as an extension of an established business in the City upon application to, and approval by, the Zoning Administrator. A "parking lot/private sidewalk sale" means the sale of goods, wares or merchandise where such sales items are normally contained in the inventory of the business and the sale is conducted on the site which such business is located. A permit to conduct such sales may be issued only if the Zoning Administrator determines that such sale will not be detrimental to the public safety and welfare.

(ii)

Such sales shall be limited to six periods per calendar year not to exceed a total of eighteen days. However, this limitation shall not include any sales conducted by a nonprofit or charitable organization which is located in, and provides a service within, the City.

(iii)

The sales area shall be cleared of all stock in trade, merchandise, equipment and trash by ten a.m. of the day immediately following termination of said sale.

(iv)

Such sales area shall be so designed so as not to obstruct the orderly flow of pedestrian traffic in or about existing store areas, or obstruct or hinder the orderly movement of vehicular traffic or emergency vehicles.

(6)

Special Event Sale.

(i)

A "special event sale" means the sale of goods, wares, or merchandise on a developed site occupied by an established business, licensed by the city and either:

a.

The business conducting the sale is legally operating elsewhere in the city at a permanent location; or

b.

The legally operating business conducting the sale does not currently exist in the city. In such case, it must be demonstrated that the goods, wares or merchandise to be sold are not sold by another business legally operating in the city.

(ii)

Such sales shall be limited to not more than six periods per calendar year not to exceed a total of eighteen days.

(iii)

The sales area shall be cleared of all stock in trade, merchandise, equipment and trash by ten a.m. of the day immediately following termination of said sale.

(iv)

Such sales shall be so designed so as not to obstruct the orderly flow of pedestrian traffic in or about existing store areas, or distract or hinder the orderly movement of vehicular traffic or emergency vehicles.

(v)

Goods, wares and/or merchandise to be sold may be displayed outdoors only if such products are customarily displayed and sold outdoors as a permanent use.

(vi)

The above provisions of a special event sale can apply to a religious, social or charitable organization in any zone district on property occupied by said organization. Said activity shall comply with this Section except subsections (a)(6)(i) a & b, and (a)(6)(v). In the applicable provisions, where reference is made to "business" or "store" "religious, social or charitable facility" shall be substituted.

(7)

Model home complexes in any R-1, single-family residential district, the Zoning Administrator shall have the ability to approve a model home complex which complies with the following standards:

(i)

The model home complex serves for the sale of homes in the underlying tract, or a contiguous and/or adjacent tract or specific plan area.

(ii)

The proposed signage does not exceed the following: two project identification signs, one which is twelve feet in height and seventy-two square feet in area and the other eight feet in height and thirty-two square feet in area; one model identification sign per model, three feet in height and three square feet in area.

(iii)

The proposed flags do not exceed one flag per twenty feet of street frontage to include the front and side street or the rear and side street. Flags cannot exceed twenty feet in height.

(iv)

All model home complexes shall provide landscaping in accord with Section 13.60.060 of this Code.

(v)

Additional conditions will be required as necessary to ensure the complex does not negatively impact surrounding residences.

(vi)

All new homes shall provide the same landscape palette as that approved for the model home complex. The landscaping shall include identical hardscape as well as plant types, count and size as used on the model home yard.

(vii)

The use of a sales trailer with a model home complex shall be allowed in accordance with the following conditions of approval.

a.

The developer shall submit a bond to be paid to the City in the event that the sales trailer is not removed from the site within thirty days after the sale of the last lot in the development and/or the developer fails to construct a home on said lot within one year of the required removal date of the sales trailer.

b.

Said bond is to be in an amount equal to twice the average construction costs of the homes offered within the development.

c.

The developer shall submit a full set of construction plans for the subject lot and an agreement giving permission to the City and their contractors to use said plans solely for the purpose of constructing a home on the vacant lot in the event that the developer fails to do so within the allotted time.

d.

The use of said sales trailer shall be limited to on-site sales; or, limited off-site sales if logically connected to another tract.

(viii)

Model home complex entitlements shall be valid for a period of three years from the date of final approval. Upon expiration, any sales trailers or parking lots shall be removed and the models shall be converted to single-family residences. The applicant may request a time extension to be granted by the Zoning Administrator based upon reasonable circumstances.

(ix)

The required fees shall be paid in accordance with the adopted fee schedule.

(x)

When the Zoning Administrator determines that the potential exists for any temporary use to adversely affect surrounding uses, the application for the temporary use shall not proceed until such time as abutting property owners are notified by mail of the proposed use and given ten days in which to comment. The results of the survey shall be used by the Zoning Administrator in deciding upon the appropriateness of the proposed temporary use and in formulating any conditions of approval.

(8)

Storage containers may be used in accord with the following guidelines:

(i)

Retail commercial, industrial or public/civic uses: A temporary storage structure for a period of up to three months per calendar year, in connection with a principal use. The storage containers shall be located so as to be screened from view from a public street. If screening by location is not possible, the container may be painted to match the surroundings. Storage containers shall be well maintained and free from graffiti.

(ii)

Single-family residential uses: A "pick-up and delivery" storage structure for a period of up to 72 hours per quarter annually is permitted without review of the Zoning Administrator. The storage containers shall only be used for the loading or unloading of the tenant's possessions. Permanent on-site storage containers are prohibited.

(9)

Mobile Food Trucks. Food Trucks may operate within the City with an approved Temporary Use Permit subject to the following guidelines:

(i)

The temporary use permit shall be for one stationary location only and food trucks shall not be permitted to roam throughout the City. Selling food at multiple locations is not permitted.

(ii)

The temporary use must be located at an established use. Food trucks are not permitted on vacant lots, at vacated or abandoned businesses or within the right-of-way.

(iii)

The temporary use may not be located within 500 feet of an existing established restaurant selling the same type of food or similar cuisine.

(iv)

The temporary use permit may be subject to any time limitations as required by the Zoning Administrator; however the temporary use permit shall not exceed 90-days within one calendar year at any given location.

(v)

The operator must be fully licensed with the County of San Bernardino Department of Environmental Health Services. Proof of licensing must be shown, including the trucks current food letter grade.

(vi)

All applicable licensing and food grades must be posted on the food truck.

(vii)

The operator must obtain a City Business License and pay all applicable fees.

(viii)

The food truck may not obstruct pedestrian access or hinder vehicular traffic or emergency vehicles.

(ix)

Additional signage is not permitted at the food truck location, including sidewalk signs.

(x)

All waste must be disposed of properly and the food truck must carry evidence of proper grease waste disposal (i.e. paperwork, receipts, etc.).

(b)

Conditional Use Permit approval. Any temporary use being conducted in whole or in part outdoors for a period exceeding that which can be approved by the Zoning Administrator shall be allowed subject to review and approval of a Conditional Use Permit.

(c)

Garage sales.

(1)

Garage sales prohibited. It is unlawful for any person to sell or participate in the sale of personal property to the general public by means of a "garage" sale except as permitted in this Section.

(2)

Application and Permit. Any person or persons or sponsoring organization intending to conduct a "garage" sale, "patio" sale or similar sale of personal property to the general public shall, concurrently with payment of the required fee, file an application with the Development Department for a permit not less than three, nor more than fifteen days prior to the date of such sale. The applicant shall state the date, place and hours of the proposed sale and the name of the person who will be conducting such sale. The permit shall be issued by the Planning Division for a period not to exceed three days upon payment of the fee; provided, that the permit may be revoked after notice and an opportunity to be heard are offered the applicant in the event any false information or representation is contained in the application or there is a violation of any provision of this Section.

(3)

Number and Time of Sales. Not more than four nonconsecutive garage sales may be conducted by any person or upon a lot or parcel of land, excluding any lot or parcel of land occupied by an apartment complex, per calendar year and shall be limited to not more than three consecutive days. Said sale may only be conducted between the hours of eight a.m. and eight p.m. of any given day.

(4)

Display. Personal property offered for sale shall not be displayed or stored in adjoining public streets or rights-of-way. All articles shall be removed from the front or side yard before the close of the last day on which the garage sale may lawfully be conducted.

(5)

Signs. No signs advertising garage sales may be posted, erected or maintained on other than the premises on which such sale is to be held. Not more than three unlighted signs advertising a garage sale may be posted, erected or maintained on the premises on which such sale is to be held; and no sign may be placed or maintained on the public right-of-way. No sign shall exceed four square feet in area and shall not be maintained for a period of more than five days immediately preceding the lawful commencement of such garage sale. Each sign shall be removed at or before the close of the last day on which the garage sale may lawfully be conducted.

(6)

Exemptions. The provisions of this Section shall not apply to any sales conducted pursuant to process or order of any court of competent jurisdiction.

(d)

Public Auctions. Public auctions shall conform to the following regulations:

(1)

Number and Time of Sales. Not more than two nonconsecutive public auctions may be conducted by any person, nor upon a lot or parcel of land, excluding any lot or parcel of land occupied by an apartment complex, per calendar year and shall be limited to not more than two consecutive days. Said sale may only be conducted between the hours of nine a.m. and five p.m. of any given day.

(2)

Display. Personal property offered for auction shall not be displayed or stored in adjoining public streets or rights-of-way unless specifically waived in total or in part by the appropriate authority. A vehicle offered for auction may be displayed on a permanently constructed driveway within such front or side yards. All articles shall be removed from the front or side yard before the close of the last day on which the public auction may lawfully be conducted.

(3)

Signs. No signs advertising public auctions may be posted, erected or maintained on other than the premises on which such auction is to be held. Not more than three unlighted signs advertising a public auction may be posted, erected or maintained on the premises on which such auction is to be held; and no sign may be placed or maintained on the public right-of-way. No sign shall exceed four square feet in area and shall not be maintained for a period of more than five days immediately preceding the lawful commencement of such public auction. Each sign shall be removed at or before the close of the last day on which the public auction may lawfully be conducted.

(4)

Noise. Noise resulting from the public auction shall not be so excessive as to constitute a nuisance to adjoining property owners.

(Ord. No. 2299, 6-18-13, eff. 7-18-13)