Waterford City Zoning Code
CHAPTER 17
40 GENERAL REGULATIONS
§ 17.40.010 Applicability.
The regulations specified in this title shall be subject to the general provisions and exceptions set forth in this chapter.
(Ord. 2011-02 §1)
§ 17.40.015 Interpretation of regulations.
A.
All regulations in this title pertaining to the districts established in Chapter 17.06 are subject to the general provisions, conditions and exceptions in this chapter.
B.
If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or with respect to matters of height, area requirements or zone boundaries as set forth herein, the planning commission shall ascertain all pertinent facts and, by resolution, set forth its findings and interpretations and thereafter such interpretation shall govern, except if the city council directs the planning commission to adopt a different interpretation.
(Ord. 2011-02 §1)
§ 17.40.020 Use restrictions-Generally.
Unless a use is listed or similar to a listed use, in a specific zoning district description, the use is to be considered prohibited in that district.
(Ord. 2011-02 §1)
§ 17.40.030 Use restrictions-Temporary structures.
One temporary structure for use as a contractor's office and a materials storage yard for on-site construction only are permitted on the same property with respect to which the construction project building permit is issued. Such uses shall be subject to all yard and off-street parking requirements and shall be removed at the end of construction.
(Ord. 2011-02 §1)
§ 17.40.040 Use restrictions-Accessory uses.
Accessory uses and buildings appurtenant to a permitted use shall be allowed only when constructed concurrent with or subsequent to the main building.
(Ord. 2011-02 §1)
§ 17.40.050 Use restrictions-Wrecking yards and secondhand dealers/stores.
A.
Wrecking yards, junkyards, auto dismantling yards, and secondhand stores, where merchandise is displayed or stored outside an enclosed building, shall be enclosed within a solid fence of uniform texture of not less than six feet in height. Not more than six re-buildable automobiles identified as offered for sale as used automobiles, may be displayed outside the fenced area or building at any one time.
B.
If any vehicle is so displayed for a period of ninety days and it has not been sold during that time, it shall not be considered to be a re-buildable automobile and it must thereafter be stored within the fence enclosure.
C.
No material shall be stored or piled so as to extend higher than fence height at any point nearer than six feet from the fence. Beginning at a line parallel to the fence and six feet within it, material may be piled an additional one foot in height for each additional two feet in distance from the fence.
D.
Where vehicles not suitable for resale are stored or held for wrecking or dismantling, one may be stacked or piled on top of another at the fence, to a two-car maximum limit, even though the top of the second vehicle may extend higher than six feet; provided, that vehicles so stacked at the fence cannot be other than passenger vehicles. The term passenger vehicle shall not include trucks, buses, pickups, vans, carryalls, or any other vehicle the primary intended use of which was for other than the transportation of persons.
(Ord. 2011-02 §1)
§ 17.40.060 Use restrictions-Facilities for public utilities.
For purposes of this chapter, facilities for public utilities include, but are not limited to, electrical substation, communication equipment buildings, service yards, gas regulator stations, meter lots and water wells; and such uses are permitted in all R districts, subject to securing a use permit in each case. Public utility transmission and distribution lines, both overhead and underground, are permitted in all districts without limitation as to height, but metal transmission towers are subject to all yard requirements as other structures. However, routes of proposed electrical transmission lines, including height and placement of towers, shall be submitted to the planning commission for review and recommendation prior to the acquisition of rights-of-way therefore, when such lines are not within a public street or highway.
(Ord. 2011-02 §1)
§ 17.40.070 Cluster mailboxes.
For all uses, property owner or authorized representative shall confer with local U.S. Postal Service authorities to determine locations, if necessary, for cluster mailboxes. If clustered mailboxes or locations are specified by U.S. Postal Service authorities, easements or other mapped provisions shall be included in the development plans. If clustering or special locations for mailboxes are not required, provide written evidence from the U.S. Postal Service authorities stating the exemption. Specific locations for cluster mailboxes shall be to the satisfaction of the U.S. Postal Service and the city public works director. Upon a determination by the planning commission and/or city council that the specific use would not warrant the provision of cluster mailboxes, this restriction may be waived.
(Ord. 2011-02 §1)
§ 17.40.080 Exceptions to height limits.
A.
Chimneys, elevators, communication towers, mechanical appurtenances, monuments, spires, campaniles, public buildings may be permitted in excess of height limits for the various districts provided a use permit shall first be obtained in each case. Flag poles are permitted without height limitations and conventional television antennas, not over forty feet in height, are permitted in all districts except as provided in subsection B below.
B.
Towers, spires, cupolas, chimneys, elevator penthouses, water tanks, flagpoles, monuments, theater scenery lofts, radio and television antennas, transmission towers, fire towers, and similar structures and necessary mechanical appurtenances, covering not more than ten percent of the ground area covered by the structure to which they are accessory, may exceed the maximum permitted height in a district in which the site is located if the site is located one thousand feet from the flood level of the Tuolumne River:
1.
In an RS district, a chimney may exceed the permitted height by two feet, but a use permit shall be required for any other structure exceeding the permitted height in the district and shall not be issued for height in excess of twenty feet above the district height limit.
2.
In an RM or RH district, a structure may exceed the district height limit by not more than eight feet if no portion intercepts an inclined daylight plane sloping inward from the nearest lot line at a forty-five-degree angle from the height of the highest building wall permitted adjoining a required yard; provided, that a chimney may intercept the daylight plane. A use permit shall be required for any structure exceeding the height limit by more than eight feet and shall not be issued for height in excess of twenty feet above the district height limit.
3.
In an AG, C, I, PS, or OS district, a structure may exceed the district height limit by ten feet, and a use permit may be approved for features extending more than ten feet above the district height limit.
4.
For projects to be acted on by the planning commission, requests for approval of height use permits shall be acted on by the planning commission. For projects which require action by the architectural design review committee only, requests for approval of height use permits shall be acted on by the design review commission. For projects to be acted on by the planning director only, the architectural design review committee shall act on the height use permit application. Applications for higher light poles in the I districts shall be acted on by the planning director.
(Ord. 2011-02 §1)
§ 17.40.082 Measurement of height.
Height shall be measured from finished grade at all points on the site to a warped plane an equal height above all points on the site.
(Ord. 2011-02 §1)
§ 17.40.090 Development on substandard lots.
A.
A legally created lot having a width or area less than required for the district in which it is located may be occupied by a permitted or conditional use if it has a width of twenty-five feet or more and an area of two thousand five hundred square feet or more; provided, that on the effective date of regulations that made it substandard it was in single ownership separate from any abutting lot. No substandard lot shall be further reduced in area or width.
B.
Except as provided below, a substandard lot shall be subject to the same yard and density requirements as a standard lot; provided that in an R district one dwelling unit may be located on a substandard lot that meets the requirements of this section. In an R district, the required interior side yard for a single-family residence, on a building site which is substandard in width, may be reduced to as much as ten percent of the lot width, and a street side yard may be reduced to as much as twenty percent of the lot width, except that no site may have a yard width of less than three feet.
C.
Notwithstanding the minimum building site area for the various districts, as provided by this title, a minimum area for one single-family dwelling which is not connected to a sanitary sewer, but served by a public water supply, shall be twenty thousand square feet. Where there is no connection to either a sanitary sewer or public water, the minimum building site for a single-family dwelling shall not be less than one acre. For other uses without sanitary sewers and/or public water, the minimum building site shall be that established by the city council or planning commission as a condition to any use permit required.
(Ord. 2011-02 §1)
§ 17.40.100 Yards.
A.
Building projections into yards and courts, unless otherwise required by applicable zoning district regulations, shall be permitted as follows:
1.
Fireplaces or chimneys: eighteen inches.
2.
Uncovered porches, terraces, platforms, decks, subterranean garages, and patios not more than thirty inches in height: four feet in a corner side yard and six feet in a front yard. There is no minimum setback requirement for these structures in the rear or interior side yards.
3.
Cornices, eaves, and ornamental features: two feet.
4.
Stairs, canopies, awnings, sunrooms, and covered porches: six feet into a front or rear yard, three feet into a corner side yard, and two feet into an interior side yard.
5.
Balconies and bay windows: two and one-half feet into a front or rear yard, two feet into a corner side yard, and eighteen inches into an interior side yard.
6.
In the RS district, where the rear property line of a site adjoins an area of permanent open space, the following projections will be permitted:
B.
Whenever an official plan line has been established for any street, required yards shall be measured from such line, and in no case shall the provisions of this chapter be construed as permitting any encroachment upon any official plan lines.
C.
Uncovered porches and paved terraces may extend not exceeding three feet into any required side yard and not exceeding six feet into any required front yard.
D.
In case an accessory building is attached to the main building, it shall be made structurally a part of, and have a common wall with, the main building and shall comply in all respects with the requirements of this title applicable to the main building. Unless so attached, an accessory building in all R districts shall be located on the rear one-half of the lot at least ten feet from any dwelling building existing or under construction on the same lot or any adjacent lot. Such accessory building shall not be located within five feet of any alley or within five feet of the side line of the front one-half of any adjacent lot or in the case of a corner lot to project beyond the front yard required or existing on the adjacent lot.
1.
On side yards of corner lots, the main building may be located five feet closer to the street line than at the front yard;
2.
Truck loading docks shall be so located that all vehicles entering or leaving the premises to load or unload may be driven in a forward direction without the necessity of such vehicle entering or leaving said premises in reverse gear, and so that no portion of any such vehicle will stand or protrude on or into the public right-of-way while loading or unloading;
3.
Where lots abut streets at the front and rear, and vehicle access to the street in the rear is restricted solid fences or screen planting, not exceeding six feet in height, may be located on the rear property line.
(Ord. 2011-02 §1)
§ 17.40.110 Keeping of animals.
Except within the AG district, the following applies to all zones within the city.
A.
On parcels which are one acre or larger in size, there may be maintained a maximum of four horses or four llamas or four head of cattle. For larger parcels, additional animals may be maintained in the same proportion (six animals on one and one-half acres, eight animals on two acres, etc.). Additional new-born animals may be maintained until they reach the age of six months.
B.
On parcels which are one-half acre or larger in size, there may be maintained two sheep or two goats or two miniature horses. In addition, there may be maintained two pigs or two calves when the animals are being raised as part of a 4H or FFA project and are registered with the city. For larger parcels, additional animals may be maintained in the same proportion. Additional newborn animals may be maintained until they reach the age of six months.
C.
On parcels which are ten thousand square feet or larger in size, there may be maintained four rabbits, or six racing homer pigeons. Additional newborn animals or birds may be maintained until they reach the age of six months.
D.
The following animals are not allowed in any area of the city: stallions, bulls, turkeys, guinea fowl, pea fowl, geese or ostriches.
E.
All parcels on which animals are kept under the provisions of this section shall be maintained in a clean and nuisance free condition. All animals shall be maintained with secure fencing to prevent the animals from leaving the property. If complaints are received about noise, dust, odors, flies or other conditions detrimental to the health and safety of persons or property in the vicinity, the animals may be ordered to be removed by the city council.
F.
Keeping of Exotic Animals. The keeping of exotic animals, as defined by this Code and State Fish and Game Code, are subject to the following requirements.
1.
Such animals, except cats, shall not be permitted to run at large, but shall be, at all times, confined within a suitable enclosure or otherwise be under the control of the owner of the property; and
2.
Any enclosure shall be located in an interior side or rear yard and set back at least five feet from the property line; and
G.
Domestic fowl may be maintained within the city subject to the following:
1.
No more than six domestic hens.
2.
There shall be a minimum of twenty feet between the window or door of any building used for human habitation and pens, coops, cages or similar housing where fowl are kept.
3.
There shall be a minimum separation equal to the required side yard between any property line and any pens, coops, cages or similar housings for fowl.
4.
All fowl shall be kept in conformance with all other laws, ordinances and regulations governing them, including licensing regulations.
5.
All parcels on which animals are kept under the provisions of this section shall be maintained in a clean and nuisance free condition. All animals shall be maintained with secure fencing to prevent the animals from leaving the property. If complaints are received about noise, dust, odors, flies or other conditions detrimental to the health and safety of persons or property in the vicinity, the animals may be ordered to be removed by the city of Waterford appeals and hearing board.
(Ord. 2011-02 §1; Ord. 2015-07 §1)
§ 17.40.120 Mobile homes and travel trailers.
Mobile homes, trailer coaches or camp cars shall be used for human habitation or occupied for living or sleeping quarters only when installed within a licensed trailer court, trailer park or mobile home park. Mobile homes, trailer coaches or camp cars sited, situated and/or maintained upon any lot, piece or parcel of land, other than a trailer court, trailer park or mobile home park shall comply with the following conditions:
A.
Such vehicle shall not be maintained in any required front yard.
B.
Such vehicle shall be situated not closer than five feet to any main building or any property line.
C.
Such vehicle shall not be used for sleeping quarters nor shall any sanitary or cooking facilities contained therein be used.
(Ord. 2011-02 §1)
§ 17.40.130 Swimming pools.
A.
Swimming pools in R districts shall be constructed on the rear one-half of the lot or fifty feet from the front property line, whichever is the less; such pools shall not be located closer than five feet to any rear lot line or side line. On the street side of any corner lot, where the rear lot line abuts a side lot line, no pool shall be located closer than ten feet to such side lot line.
B.
Filter and heating system for such pools shall not be located closer than twenty feet to any dwelling other than the owner's.
C.
No pool shall occupy more than seventy percent of the required rear yard. Coverage by a temporary swimming pool shall not be considered in measuring maximum lot coverage.
(Ord. 2011-02 §1)
§ 17.40.140 Accessory buildings generally.
A.
An accessory building may be erected as an integral part of a principal building, connected by a breezeway or similar structure, or detached from the principal building. Where an accessory building is attached to the main building, it shall be made structurally part of and have a common roof with the main building, and shall comply with all respects with the requirements of this title applicable to the main building.
B.
An accessory building must be constructed subsequent to, or concurrently with, the construction of the principal building on the site.
C.
No accessory building shall be permitted to be erected within the required front yard or exceed the lot coverage standards of the zoning district within which it is proposed to be located.
D.
A detached accessory building shall be located on the rear one-half of the lot and at least six feet from any dwelling/building existing or under construction on the same lot or any adjacent lot.
E.
In the case of a corner lot abutting upon two streets, no accessory building shall be erected or altered so as to project beyond the front yard required on any adjacent lot, nor shall it be located closer to either street line than is permitted for the main building on the lot.
F.
Accessory buildings exceeding one hundred square feet shall require approval of the building official prior to their placement or construction on a lot.
(Ord. 2011-02 §1)
§ 17.40.150 Nonresidential accessory structures.
A.
In R Districts.
1.
Timing. Nonresidential accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins. Construction trailers shall be removed within thirty days following the issuance of a certificate of occupancy for the structure.
2.
Location. Except as provided in this subsection, nonresidential accessory structures shall not occupy a required yard or court, or project beyond the front building line of the principal structure on a site. In the RS zone, a detached garage may protrude past the front building line of the principal structure, but may not be located within a required front yard; provided, that the design of the detached garage is compatible with the existing residence in terms of architectural design, materials, colors, and exterior finishes. No accessory uses may be permitted off-site.
3.
Maximum Height. The maximum height of a nonresidential accessory structure shall be twelve feet, subject to the provisions of this subsection; provided, that pitched roofs shall not exceed a height of fifteen feet. For any RS lot containing a single-family residence, a pitched roof may extend to twenty feet in height to match the roof pitch of the existing or proposed residence on the site. The maximum height of any wall shall not exceed twelve feet at the eaves. No second story, other than an unfinished storage area, may be developed for any accessory building.
4.
Relation to Property Lines. A nonresidential accessory structure in a required rear yard shall be located on a property line or shall be not less than three feet from a property line. A structure on a property line shall not exceed six feet in height at the property line and shall not intercept an inclined daylight plane sloping inward from a point six feet above the property line and rising 1.0 feet for each foot of distance from the property line. A four-foot setback from an alley shall be provided for a garage door. A minimum three-foot distance shall be maintained between an accessory building and the principal structure on the site. An accessory building shall either directly abut another accessory building or a fence; provided, that the height requirements of this subsection are met, or shall maintain at least a three-foot setback from any fence or other accessory building on the site.
5.
In an RS district, the total gross floor area of accessory structures more than four feet in height shall be counted in computing lot coverage, and shall meet, and not exceed, the lot coverage requirements of the RS district except that the total area of any one accessory building shall not exceed the total area of the primary residential structure on the same site.
6.
Patio Covers. A patio cover open on at least two sides and complying with all other provisions of this subsection may be attached to a principal structure and shall not be subject to requirements for courts opposite required windows.
7.
Swimming Pools. An unenclosed swimming pool and related equipment may occupy a required rear yard or side yard but shall not be within five feet of a property line.
8.
Decks. No deck that is thirty inches or more in height shall be located in a required yard.
9.
Decorative Archways. A decorative archway may occupy a required front yard, provided it meets the driveway visibility requirements of Title 12. No more than one archway per frontage may be constructed. Any decorative archway shall have a maximum height of eight feet, a maximum width of eight feet, and a maximum depth of four feet.
B.
In C, I, OS and PS Districts. Accessory structures shall comply with all regulations applicable to the principal structure on a site. Off-site accessory uses shall be allowed only with a use permit issued by the planning director.
C.
In PC or SP District. The location of accessory structures shall comply with the adopted PC or SP district requirements.
(Ord. 2011-02 §1)
§ 17.40.160 Accessory dwelling units.
An accessory dwelling unit (ADU) may be constructed on the same lot as an existing or proposed single-family residential, mixed use or multifamily residential zoning district that allow residential uses, subject to applicable building code requirements and standards that are intended to preserve the existing residential neighborhood character while protecting the public health and safety environment of the city of Waterford. A junior accessory dwelling unit (JADU) may be constructed on a residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.
A.
Purpose. This section is intended to implement the requirements of the city of Waterford Housing Element in accordance with Government Code Sections 65852.2 and 65852.22 by permitting the creation of accessory dwelling units and junior accessory dwelling units through a ministerial administrative process, thereby increasing housing opportunities for the community through use of existing housing resources and infrastructure.
B.
Where Permitted.
1.
ADUs are permitted in all zone districts allowing single-family or multifamily use on lots developed with existing or proposed dwellings.
2.
An ADU may be established in the following methods:
a.
Attached to, or located within, an existing or proposed primary dwelling.
b.
A new detached structure, or located within or attached to an accessory structure, including detached garages or similar structures.
c.
Conversion of existing attached or detached accessory structures, including garages, storage areas, or similar structures.
d.
Reconstruction of an existing structure or living area that is proposed to be converted to an ADU, or a portion thereof, in the same location and to the same dimensions and setbacks as the existing structure.
3.
A JADU may be established within the space of the primary dwelling, including an attached garage or accessory structure.
4.
A JADU may be established within the space of the primary dwelling in combination with the construction of one detached, new construction ADU not exceeding eight hundred square feet and height of sixteen feet with four-foot side and rear setbacks. The detached, new construction ADU may exceed eight hundred square feet but shall be limited to one thousand two hundred square feet when constructed on a property that is equal to or greater than 0.50 acres in size.
5.
The existing unit may be considered the ADU, and a new primary dwelling unit built, if all applicable zoning requirements are met.
6.
ADUs shall be permitted on lots developed with existing multifamily dwellings subject to the following provisions:
a.
A minimum of one ADU may be constructed, or up to twenty-five percent of the existing unit count, within nonlivable space, including, but not limited to, storage rooms, passageways, attics, basements, or closets.
b.
The construction of two detached ADUs, subject to a maximum height of sixteen feet, and four-foot side and rear setbacks. In this case, only two detached ADUs are permitted on the lots developed with existing multifamily dwellings.
C.
Development Standards.
1.
ADU Type, Location and Size.
a.
Attached Unit. An ADU attached to an existing primary dwelling shall not exceed fifty percent of the total existing or proposed living area of the primary dwelling.
b.
Detached Unit. An ADU structurally independent and detached from the existing primary dwelling shall not exceed one thousand two hundred square feet.
c.
ADUs shall have independent exterior access from the primary dwelling. No passageway to the primary dwelling shall be required.
d.
ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
3.
Required Setbacks.
a.
An attached or detached ADU shall provide a setback of no more than four feet from the side and rear property lines.
b.
Cornices and eaves may project into the required yard by no more than one foot.
c.
All ADUs shall meet the front yard setback.
d.
When an ADU is created within an existing structure, the side and rear setbacks must be sufficient for fire safety as determined by the fire department.
e.
No setback shall be required for an existing garage or accessory structure converted, or portion thereof, to an ADU and no setback shall be required for a new structure constructed in the same location and same dimensions as an existing structure.
f.
An ADU constructed above an existing garage or dwelling unit, exceeding sixteen feet in height, shall meet the side and rear setbacks of the underlying zoning district.
g.
Staircases serving an ADU shall provide a setback of no less than four feet from the side and rear property lines subject to approval by the fire department.
4.
Parking.
a.
The parking requirements for an accessory dwelling unit shall be one parking space per unit. The parking space may be provided as tandem parking or in setback areas.
b.
An accessory dwelling unit shall be exempt from the parking requirement listed above given that the accessory dwelling unit is in any of the following instances:
i.
The ADU is located within one-half of a mile walking distance of public transit.
ii.
The ADU is located within an architecturally and historically significant historic district.
iii.
The ADU is part of the proposed or existing primary residence or an accessory structure.
iv.
When on-street parking permits are required but not offered to the occupant of the ADU.
v.
When there is a car share vehicle located within one block of the ADU.
5.
Architecture. The accessory unit improvement plans shall be architecturally compatible with the primary dwelling in terms of design, building and roofing materials, colors, and exterior finishes. The ADU may have a flat or pitched roof.
6.
Impact Fees and Utilities.
a.
ADUs and JADUs shall comply with water and sewer requirements as determined by the public works department. ADUs shall not be considered a new residential use for the purposes of calculating utility connection fees or capacity charges for water and sewer service.
b.
The city shall not require a new or separate utility connection or impose a related connection fee or capacity charge for ADUs or JADUs that are contained within an existing residence or accessory structure.
c.
Fees charged for the construction of ADUs shall be consistent with Government Code Section 65852.2(f).
D.
Conditions.
1.
An ADU/JADU shall not be sold or otherwise conveyed separate from the primary residence.
2.
Neither the ADU/JADU nor the primary dwelling unit shall be rented for a term of less than thirty-one days. ADUs on multifamily properties shall be subject to this provision, except the restriction shall not apply to existing multifamily units.
3.
Owner-occupancy shall be required for a property developed with a JADU. The owner may reside in either the primary dwelling or the JADU.
4.
The property owner shall record a covenant, approved as to form by the city attorney, declaring compliance with each and every condition referenced in this section.
E.
Accessory residential units constructed without city approval, prior to adoption of these provisions, may be made legal through the building permit process set forth for new accessory dwelling units. Applications shall be evaluated for compliance with the adopted standards in this section.
(Ord. 2017-09 §1; Ord. 2020-05 §4)
§ 17.40.170 Exterior materials in R districts.
In all R districts, the exterior walls of all structures, other than accessory structures, shall have a nonmetallic finish or be finished in such a manner as to resemble natural wood finish.
(Ord. 2011-02 §1)
§ 17.40.180 Religious assembly yard requirements.
Yards, height and bulk, and buffering requirements for religious assemblies shall be as specified by a use permit; provided that the minimum interior side yard shall be fifteen feet and the minimum rear yard shall be twenty-five feet. Yards adjoining street property lines shall not be less than required for a permitted use.
(Ord. 2011-02 §1)
§ 17.40.190 Eating and drinking establishments with take-out service.
The following supplementary development regulations shall apply to eating and drinking establishments with take-out service:
A.
Minimum Separation. Establishments shall not be closer than five hundred feet to a public or private school, park, or playground in an R, OS, or PS district.
B.
Litter Control. Identifiable containers and napkins shall be used for all carry-out food, and all litter resulting, including litter on adjacent property and public rights-of-way, shall be promptly removed. A use permit may require the operator to retain a contract litter cleanup service if the planning director determines that a litter problem exists.
(Ord. 2011-02 §1)
§ 17.40.200 Live entertainment.
The following regulations shall apply to any use offering scheduled live entertainment as defined, except within an OS or PS district and approved by the Waterford city council, shall be conducted in accordance with the following:
A.
Exits not limited to emergency use only shall be located in accordance with the planning director so as to not unnecessarily impact any residential district after 10:00 p.m.
(Ord. 2011-02 §1)
§ 17.40.210 Service stations, vehicle/equipment repair, and automobile washing.
The following supplementary development regulations shall apply to the service station, vehicle/equipment repair, and automobile washing use classifications.
A.
Minimum Separation. Minimum separation between site boundaries shall be five hundred feet, except that one such use may be located at each corner of a street intersection.
B.
Site Layout. Conditions of approval of a zoning or use permit may require buffering, screening, planting areas, or hours of operation necessary to avoid adverse impacts on properties in the surrounding area.
C.
Planting Areas. Perimeter planting areas shall be as required for parking lots by Chapter 17.46, except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas.
D.
Storage of Materials and Equipment. The provisions of Section 17.40.042(I), Outdoor facilities, shall apply, except that a display rack for automobile products no more than four feet wide may be maintained on each pump island of a service station. If display racks are not located on pump islands, they shall be placed within three feet of the principal building, and shall be limited to one per street frontage. Storage of inoperative vehicles on the site is prohibited.
(Ord. 2011-02 §1)
§ 17.40.220 Duplex units on corner lots within the RS district.
Duplex residential units may be developed on corner lots in RS districts subject to approval of a conditional use permit by the planning commission in accordance with Chapter 17.75 subject to the following:
A.
The minimum building site shall be consistent with lot sizes allowed in the respective RS district but not less than eight thousand square feet.
B.
Minimum average lot width shall be the same as provided in the RS district.
C.
Minimum Street Frontage. The planning commission shall be responsible for determining the minimum street frontage based on the buildable area of the lot, access requirements and good design. However, in no case shall the planning commission approve lots having less than thirty-five feet of street frontage.
D.
Minimum allowable density for duplex units on corner lots is four thousand square feet of lot per dwelling unit.
E.
Setbacks shall be the same as provided in the RS district.
F.
All site development standards within the RS district shall apply as applicable.
G.
Maximum lot coverage shall be forty-five percent of the total lot area. Lot coverage shall specifically include all buildings and structures.
H.
Maximum building height shall be thirty-five feet. The planning commission may approve building heights over thirty-five feet by means of a conditional use permit where it can be demonstrated that the additional building height is necessary in order to achieve some purpose which is in keeping with the architectural character neighborhood and where such additional building height is not likely to be detrimental to the overall residential quality of the neighborhood.
I.
Off-Street Parking. Minimum required off-street parking is as follows:
1.
There shall be not less than one garage, ten feet by twenty feet, for each dwelling unit in any duplex, plus one covered or uncovered space for each dwelling unit.
2.
The driveway serving the off-street parking for one dwelling unit shall have access to one street and the driveway serving the off-street parking for the other dwelling unit shall access to another street. If the lot has access to an alley, one or both driveways may access the alley.
J.
Minimum Floor Area Requirements.
1.
One-bedroom units shall have a minimum of six hundred fifty square feet in gross floor area.
2.
Two-bedroom units shall have a minimum of eight hundred square feet in gross floor area.
3.
Three-bedroom units shall have a minimum of nine hundred square feet in gross floor area.
4.
Four-bedroom units shall have a minimum of one thousand square feet in gross floor area.
K.
Useable Open Space Requirement. A minimum of three hundred square feet of useable open space shall be provided for each dwelling unit.
L.
Architectural and site plan review shall be required as follows:
1.
Architectural and site plan review shall be required for those projects which could result in the development of new single-family and/or duplex residences (including in-fill projects) in accordance with Chapter 17.52.
2.
Architectural and site plan review shall be required by the architectural review committee prior to issuance of a permit based on the finding that a proposed residence is out of character with the existing neighborhood or if the design and/or materials of a proposed residential addition are inconsistent with the existing residence.
3.
Maintaining the single-family dwelling appearance shall be given special consideration through the use permit process which includes plot plan review. The following shall be considered:
a.
Entrance to each unit shall front on different street frontages. Putting the second unit entrance to the side or rear of the building so it is not readily visible from the same street as the first unit's entrance.
b.
Locating each unit's parking spaces so that they are not readily visible from the same street. Alley access for both units is acceptable.
c.
Employing construction materials and architectural styles which blend with the adjacent units so they appear as a single residence if attached or a single residence and accessory building if detached.
M.
Other provisions of this title as applicable in the RS district such as signs, landscaping and screening, fences, swimming pools, etc.
(Ord. 2011-02 §1)
§ 17.40.230 Development on lots divided by district boundaries.
The regulations applicable to each district shall be applied to the area within that district, and no use other than parking serving a principal use on the site shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use.
(Ord. 2011-02 §1)
§ 17.40.240 Screening of mechanical equipment.
A.
General Requirement. Except as provided in subsection B of this section, all exterior mechanical equipment, except solar collectors, and operating mechanical equipment in I districts located more than fifty feet from an R, C, PS, PD or OS district boundary, shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Satellite receiving antennas shall be screened as prescribed by Chapter 17.50 (Wireless Communications Facilities). Screening of the top of equipment may be required by the planning director, if necessary to protect a significant view.
B.
Utility Meters. Utility meters shall be screened from view from public rights-of-way, but need not be screened on top or when located on the interior side of a single-family dwelling. Meters in a required front yard or in a side yard adjoining a street shall be enclosed in subsurface vaults.
C.
Screening Specifications. Screening materials may have evenly distributed openings or perforations not exceeding fifty percent of the surface area and shall effectively screen mechanical equipment so that it is not visible from a street or adjoining lot.
(Ord. 2011-02 §1)
§ 17.40.250 Refuse storage areas.
A refuse storage area screened on all sides by a six-foot solid masonry wall, or located within a building, shall be provided prior to occupancy for all uses other than one-family or two-family dwellings. Locations and horizontal dimensions of refuse storage areas shall be as prescribed by the planning director. The planning director may waive this screening requirement in I districts for refuse collection and storage equipment, including dumpsters and waste containers that are not visible from public streets.
(Ord. 2011-02 §1)
§ 17.40.260 Game centers.
Administrative use permit required in accordance with Chapter 17.73. An administrative use permit shall include the following performance standards that apply to the operation of game centers, including mechanical or electronic games, or any other similar machine or device.
A.
Purpose. The intent of these performance standards, in particular the use permit requirement, is to provide a procedure to control the location and operation of game centers, to require adequate adult supervision, and to govern hours of operations so as not to allow school children to patronize game centers during school hours.
B.
Use Permit Required. An administrative use permit, approved by the planning director, is required to install, operate or maintain three or more mechanical or electronic games. The administrative use permit is valid only for the number of games specified; the installation or use of additional games requires a new or amended administrative use permit. The planning director may impose reasonable restrictions on the physical design, location and operation of a game center in order to minimize the effects of noise, congregation, parking and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community.
C.
Adult Manager. At least one adult manager, of at least nineteen years of age, shall be on the premises during the time a game center is open to the public.
D.
Hours of Operation for Minors Between Six and Eighteen Years of Age. No game center owner, manager or employee shall allow a minor between six and eighteen years of age to play a mechanical or electronic game machine during the hours the Waterford public schools are in session, or nine p.m. on nights preceding school days, or ten p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours.
(Ord. 2011-02 §1)
§ 17.40.270 Electric transmission line easements.
All residential uses, schools, and public buildings shall be set back at least one hundred fifty feet from the edge of two hundred thirty kilovolt electric transmission line easements.
(Ord. 2011-02 §1)
§ 17.40.280 Stream setbacks.
All development shall be set back a minimum of twenty-five feet from the top of the bank of streams (both seasonal and perennial) and ravines. The minimum setback from the Tuolumne River shall be fifty feet from the flood plane boundary as defined by the appropriate flood panel map for the river. No permanent development, except temporary trails, chairs, or benches, shall be permitted within these setback areas.
(Ord. 2011-02 §1)
§ 17.40.290 Outdoor displays, sales and promotions.
A.
Guidelines for Outdoor Displays, Sales, and Promotions. The display or sale of goods, merchandise or services which customarily occur indoors, shall be allowed to occur outdoors, subject to the following conditions:
1.
Outdoor displays, sales or promotions may occur up to six times during any calendar year, with a maximum of seven consecutive days for each business/promotion.
2.
Outdoor displays, sales or promotions held more than six times a year and/or longer than seven consecutive days will require planning commission approval of a conditional use permit.
3.
Outdoor displays, sales or promotions of new merchandise, furniture tools or equipment sold within the business building are permitted in any district where commercial or "C" uses are permitted provided that such outdoor displays are not located on a public right-of-way or sidewalk unless the event has an approved encroachment permit from the Waterford city public works department.
4.
Outdoor displays, sales or promotions must be by a licensed city of Waterford business, city of Waterford merchant association, public school, charitable or not-for-profit organization.
5.
When applicable, all merchandise or services sold or displayed outdoors shall be of the same type(s) new merchandise ordinarily sold indoors at the business conducting the sale.
6.
Prior to any outdoor sale, displays or promotion, an annual application permit for outdoor displays, sales and promotions must be obtained from the planning department and renewed annually.
7.
Outdoor displays or sale of goods or services by itinerant vendors as defined by this code, are prohibited.
B.
Examples of Outdoor Displays, Sales and Promotions. The following are examples of outdoor displays, sales and promotions:
1.
Tables of merchandise, clothing on rolling or stationary racks, picnic tables (outside eating area), large individual items such as lawn mowers, garden tractors, etc. which encroach on the public right-of-way.
2.
Outdoor art and craft shows, and exhibits.
3.
Sidewalk sales, or certified farmers market.
4.
Religious, patriotic, historic, or similar displays, or exhibits.
C.
An application for an outdoor display, sale or promotion must be approved by the planning department prior to the event. The application shall include, but shall not be limited to, the following information:
1.
An approved encroachment permit signed by the Waterford city public works director where the proposed outdoor display, sale or promotion is proposed on a city sidewalk, right-of-way or on public property;
2.
The identification of the person and/or business conducting the display, sale or promotion;
3.
A description of the event, the days and hours of operation and its location;
4.
The property owner's authorization, if applicable; and
5.
A site plan (drawing) illustrating the location and/or placement of the displays.
D.
Performance Standards. Outdoor displays, sales or promotions, are subject to the following general performance standards:
1.
The display of merchandise must be arranged or situated so that it does not create a hazard to pedestrians or encroach on a required building exit, driveway, parking space, landscaped area or setback area.
2.
A minimum four-foot passage shall be maintained between and/or around any tree, newsstand, bike rack, planter, trash receptacle, etc.
3.
Sidewalks may not be restricted in such a manner as to prohibit safe and convenient movement of pedestrian traffic.
4.
The display area must be maintained so that it is not unsightly and does not create a condition that is detrimental to the appearance or the premises or surrounding property.
5.
The display area, when utilizing a public right-of-way, must not create a hazardous condition for pedestrians or the public or otherwise create a public liability for the city of Waterford.
E.
Guidelines for Accessory Outdoor Eating Areas. Outdoor eating areas are considered accessory if they are operated in conjunction with a take-out food establishment. These guidelines are intended for outdoor eating areas which may encroach on the public right-of-way.
F.
Outdoor Eating Area Performance Standards.
1.
Accessory eating areas are subject to the general design standards applicable to the building or district within which the activity is conducted, and must include an approved encroachment permit signed by the public works director where the eating area is proposed on a city sidewalk, right-of-way or on public property. These outdoor dining regulations are intended to ensure public safety and welfare, protect public property, and promote the attractive use of public right-of-way, by regulating the location, height, design and use of outdoor dining barriers and fixtures.
2.
The outdoor eating area, including furniture, must be arranged or situated so that is does not create a hazard to pedestrians or encroach on a required building exit, vehicle travel lane, driveway, or any public street that is not formally closed by city authority.
3.
The outdoor eating area shall provide a minimum of four feet of pedestrian clearance when located on any sidewalk or other public right-of-way, and set back a minimum of six feet from any crosswalk or ramp. A minimum of four feet of clearance must be provided around any tree, newsstand, bike rack, bench, planter, trash receptacle, etc.
4.
The outdoor eating area must be maintained in a manner such that it does not create an unsightly appearance, including how the furniture is organized and secured when the business establishment is closed. The outdoor dining area must remain clear of litter, unattended food scraps, soiled utensils and dishes at all times. The permit holder shall maintain the tables and chairs in the permitted outdoor dining area in a clean condition at all times. No debris shall be swept, washed or blown into the sidewalk, gutter or street. Adequate lighting may be required of the operator to ensure safety of customers and pedestrians, and must be maintained in good working order.
5.
Alcoholic beverages are not allowed to be served or consumed within any outdoor eating area, unless the following regulations are met:
a.
State Licensure. The outdoor dining area operation must be duly licensed by the State Department of Alcoholic Beverage Control, and the city of Waterford requirements and restrictions for the service of alcoholic beverages in outdoor dining areas shall not be less than those required by the State Department of Alcoholic Beverage Control.
b.
Indemnification. The permit holder shall indemnify, defend and hold harmless the city, its officials, officers, agents and employees from any and all claims, causes of action, losses, injuries or damages arising directly or indirectly from the negligent acts, errors or omissions of the permit holder, its officers, agents, employees or anyone rendering services on its behalf. This indemnity shall include all reasonable costs and attorney's fees incurred in defending any action covered by this section.
c.
Barriers. The outdoor dining area must be clearly and physically separated from pedestrian traffic, and exits shall be designated in the encroachment permit, and clearly marked at the exit locations.
i.
Barrier Requirements. Barriers shall maintain a minimum height of forty-two inches and a maximum height of forty-eight inches. Sectional fencing must be constructed of decorative metal (aluminum, steel or iron) and must be of a dark color (either painted or stained) to compliment downtown furnishings. Rope or chain barriers are permitted with a minimum diameter of one inch. Vertical support posts must be constructed of wood or metal. The spacing, if any, between barriers, railings, or fences, must prevent pedestrian traffic through them.
ii.
Barrier Removal Deposit. A removal deposit shall be submitted at the time of encroachment permit approval where a fixed barrier is proposed and be subject to the determination of the public works director. A removal deposit is not required for portable barriers. If, at the time of cessation of outdoor dining use and/or revocation of the encroachment permit, the barrier is removed by the business owner or other responsible party, any removal deposit will be refunded.
iii.
Removal of Barriers and Fixtures. Permit holders shall have thirty days from the date of business closure to remove all barriers and other outdoor dining fixtures. Permit holders shall notify the city for final inspection once all barriers and fixtures are removed. Failure to remove barriers within the thirty-day period may result in the city taking action to remove the barriers and fixtures. Expenses incurred shall be billable to the permit holder and/or deducted from the deposit.
d.
Written Notice. The service of alcoholic beverages shall be restricted solely to on-premises consumption by customers within the outdoor dining area. The business operator shall post a written notice to customers that drinking or carrying an open container of alcohol is prohibited outside the outdoor dining area.
e.
Outdoor dining areas shall not be used primarily for alcoholic beverage consumption, and the opportunity to order food from the dining establishment's menu shall be made available at all times when alcohol is served.
f.
Police department approval is required for alcohol sales after midnight in outdoor dining areas.
6.
Denial of Encroachment. Upon denial of an encroachment permit by the public works director, an applicant may, within fifteen calendar days following notification of such denial, file a notice of appeal to the city council, who shall then hear all appeals concerning the application for encroachment, and which decision regarding the appeal shall be final.
7.
Suspension/Revocation. An outdoor dining encroachment permit shall be subject to suspension or revocation by the public works director. A permit may be suspended or revoked if any of the permit requirements or terms and conditions contained in this chapter are violated. A permit may be suspended or revoked if necessary to preserve and protect the health and welfare of the public. The public works director, or designated representative, will serve the permit holder with a written notice stating the proposed grounds for the suspension or revocation and the effective date. The notice shall provide the permit holder with information on the appeal process.
8.
A written notice requesting an appeal shall be filed with the city clerk not later than fifteen calendar days after receipt of the notice of proposed suspension or revocation. Failure to file a notice of appeal within the fifteen-day period waives the permit holder's right to appeal and the public works director's proposal will become final. If a timely notice of appeal is filed, the city council will consider the appeal at the next available meeting.
G.
Garage or Yard Sales. Garage or yard sales are permitted in any R district subject to Chapter 5.28 and the following:
1.
The garage or yard sale does not occur more than one time in any three month period or four times during a calendar year by an individual or on an individual lot or home or run for a period longer than two consecutive days.
2.
Garage or yard sale goods and wares are displayed entirely off a public right-of-way.
3.
The garage or yard sale activities are conducted in accordance with all applicable provisions of this code.
(Ord. 2011-02 §1; Ord. 2014-10 §1)
§ 17.40.300 Underground utilities.
All electrical, telephone, CATV, and similar distribution lines providing direct service to a development site shall be installed underground within the site. Off-site utilities along a project frontage for all new commercial, multifamily, or industrial development shall be undergrounded, unless a deferral is granted by the planning commission, for those projects over which it has approval authority, or by the design review committee in accordance with Chapter 17.52 for those projects over which it has approval authority, or by the planning director for those projects over which the director has approval authority, in accordance with the deferral requirements set forth in Title 16, Subdivisions.
(Ord. 2011-02 §1)
§ 17.40.310 Grade separation between lots.
A.
In all residential districts, there shall be no more than twelve inches vertical grade separation between lots unless the lots are improved with a masonry retaining wall.
1.
All fences shall be constructed on top of any masonry wall and fence height shall be measured from the top of the grade.
2.
All grades of less than twelve inches in vertical separation shall be sloped on a 1:1 grade and all fences erected top of the slope and building and structure setback lines shall be measured from the top slope regardless of the property line.
B.
In all commercial and industrial districts, there shall be no more than a twenty-four-inch vertical grade separation between lots unless the lot is improved with a masonry retaining wall.
1.
All fences shall be constructed on top of any masonry wall and fence height shall be measured from the top of the grade.
2.
All grades of less than twenty-four inches in vertical separation shall be sloped on a 1:1 grade and all fences shall be constructed upon the top of the sloped area and building and structure setback lines shall be measured from the top slope.
(Ord. 2011-02 §1)