24 - GENERAL REGULATIONS
Sections:
All regulations in this title pertaining to the districts established in Chapter 18.12 are subject to the general provisions, conditions and exceptions contained in this chapter.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.1, 1963).
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 in this title, the planning commission shall ascertain all pertinent facts and, by resolution, set forth its findings and interpretations; and thereafter such interpretations shall govern, except if the city council directs the planning commission to adopt a different interpretation.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.2, 1963).
A.
All of the uses listed in subsection C of this section, and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts defined in this title, and therefore the authority for and location of the operation of any of the uses designated in this section shall be subject to the issuance of a use permit in accordance with the provisions of Chapter 18.32.
B.
In addition to the criteria for determining whether or not a use permit should be issued as set forth in Chapter 18.32, the planning commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with uses permitted in surrounding area:
1.
Damage or nuisance from noise, smoke, odor, dust or vibration;
2.
Hazard from explosion, contamination or fire;
3.
Hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles.
C.
The uses referred to in subsection A are as follows:
1.
Airports and landing fields;
2.
Cemeteries;
3.
Establishments or enterprises involving large assemblages of people or automobiles as follows:
a.
Amusement parks and race tracks,
b.
Circus or carnivals,
c.
Public buildings, parks and other public recreational facilities,
d.
Recreational facilities, privately operated;
4.
The mining of natural mineral resources, together with the necessary buildings and appurtenances incident thereto;
5.
Removal or deposit of earth other than in connection with construction of buildings, roadways or public or home improvements.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.3, 1963).
In case an application is made for a permit for any building or structure in any C, C-M or M district, said application shall be accompanied by architectural drawings or sketches, showing the elevations of the proposed building or structure and site plans showing the proposed landscape or other treatment of the grounds around such building or structure. Such drawings, sketches, and site plans shall be considered by the planning commission in an endeavor to provide that the architectural and general appearance of such buildings or structures and grounds to be in keeping with the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the city, or to impair the desirability of investment or occupation in the neighborhood.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.21, 1963).
The planning commission may appoint an architectural committee of two of its members which shall exercise the architectural considerations provided for in Section 18.24.040.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.22, 1963).
(Ord. No. 391-2009, § 1, 6-11-2009)
No permit shall be issued in any case where architectural consideration is required until such drawings and sketches have been approved by the planning commission and all buildings, structures and grounds shall be constructed and improved in accordance with the approval drawings and sketches.
(Ord. 203-78, § 1(part), 1978; Ord. 45-63, § 5.23, 1963).
Accessory buildings shall be constructed with or subsequent to the construction of the main building.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.4, 1963).
Where an accessory building is attached to the main building it shall be made structurally a part of and have a common roof 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 an R district 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 one foot of the side line of the lot or, in the case of a corner lot, to project beyond the front yard required or existing on the adjacent lot. Residential garage entrances fronting on any lot line shall be located not less than twenty feet from said lot line.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.14, 1963).
Where chimneys, silos, cupolas, flagpoles, monuments, gas storage holders, radio and other towers, water tanks, church steeples and similar structures and mechanical appurtenances are permitted in a district, height limits may be exceeded upon the securing of a use permit in each case.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.7, 1963).
Public utility distribution and transmission line towers and poles, and underground facilities for distribution of gas, water, communications and electricity, shall be allowed in all districts without limitation as to height or without obtaining a use permit therefore, provided, however, that all routes of proposed gas, water, communication transmission lines and electric transmission lines shall be submitted to the city planning commission and then to the city council for their recommendation. Such recommendation shall be received prior to acquisition of rights-of-way therefor.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.5, 1963).
In any district with a height limit of less than seventy-five feet, public and semi-public buildings, schools, churches, hospitals and other institutions permitted in such district may be erected to a height not exceeding seventy-five feet, provided that the front, rear and side yard shall be increased one foot for each one foot by which such building exceeds the height limit established for such district.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.8, 1963).
Upon securing a use permit, any building in any C, C-M or M district may be erected to a height exceeding that specified in this title for such district, provided that the cubical contents of the building shall not be increased beyond that possible for a building erected within the height limit specified.
(Ord. 203-78 §1(part), 1963: Ord. 45-63 §5.9, 1963).
In an R-1 district, where four or more lots in a block have been improved with buildings at the time of the passage of the ordinance codified in this title (not including accessory buildings), the minimum required front setback shall be the average of the improved lots, if said setback is more or less than the stated requirements of the district.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.16, 1963).
In any R district, where a dwelling unit is located on a lot so that the main entrance is located on the side of the building, the required side setback, from the front setback line to such entrance, shall be not less than ten feet.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.19, 1963).
Whenever an official plan line has been established for any street, required yards shall be measured for such line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.13, 1963).
The width of side yards on single-family dwellings constructed pursuant to Section 18.24.180 may be reduced to ten percent of the width of such parcel, but in no case to less than four feet.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.18, 1963).
In R districts, single-family dwellings only may be erected on any parcel of land, the area of which is less than the building site area required for the particular district in which said parcel is located, but if and only if said parcel was in single ownership at the time of the adoption of the ordinance codified in this title and said single ownership on January 25, 1961. No structure shall be erected on any substandard parcel if said parcel was acquired from the owner or owners of record of contiguous property of said contiguous owner's or owners' transferee after January 25, 1961.
(Ord. 203-78 §1(part), 1978: Ord. 82-67, 1967: Ord. 45-63 §5.17, 1963).
Open, uncovered, raised porches, landing places or outside stairways may project not closer than four feet to any side lot line, and not exceeding six feet into any required rear yard or front yard.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.12, 1963).
Architectural features on the main building, such as cornices, eaves and canopies, may not extend closer than three feet to any side lot line. Eaves and canopies may extend a maximum of three feet into the required front or rear yard. Fireplaces, not exceeding six feet in breadth, may extend not closer than three feet to any side lot line.
(Ord. 203-78 § 1(part), 1978: Ord. 45-63 § 5.11, 1963).
Dwelling groups shall be constructed so that the following minimum distances are provided:
A.
Minimum of ten feet between buildings;
B.
Minimum of twelve feet between side yard line and access side of single row dwelling groups;
C.
Minimum of twenty feet between access side of buildings in double rows.
(Ord. 203-78 § 1(part), 1978: Ord. 45-63 § 5.20, 1963).
Fences, hedges and walls may be erected in any district subject to the following conditions:
A.
Fences, hedges and walls shall not exceed six feet in height from original grade on the lot or within all rear and side property lines on interior lot lines, and on or to the rear of all front yard setback lines.
B.
No fence, hedge or wall over forty-eight inches in height shall be erected in any front yard, or in the side yard on the street side of either a corner lot or on a lot, the rear line of which abuts the side line of an adjoining lot.
C.
The street intersection of a corner lot shall have no fence, hedge or wall exceeding thirty-six inches in height within a triangle of twenty-five feet along the side of each street as measured from the intersection.
D.
Trees located within the twenty-five-foot triangle referenced in subsection C above shall have limbs trimmed and maintained to a minimum of eight feet off the finished grade.
E.
Fences or structures exceeding the allowable height to enclose tennis courts, similar areas, or unusual privacy requirements may be erected subject to the obtaining of a use permit therefore and such use is found to not reduce public safety patrol and access capabilities.
F.
A fence permit shall be obtained from the city prior to the erection or installation of any fence or wall. The city clerk shall establish fees and procedures for the issuance of fence permits, including fees for failure to obtain such a permit or to comply with other city requirements. All such fees shall become effective immediately upon their approval by city council resolution. The permit shall issue upon representation that the design complies with city requirements, is safe, and is located on the applicant's property. The erection of a fence which does not comply with the requirements, or failure to obtain such a permit before commencing construction, shall constitute a violation of this code and be punishable as provided in California Government Code Section 36900(b), or any successor statute, as it exists at the time of the violation.
G.
It shall be the responsibility of the property owner to identify the property corners prior to the construction.
(Ord. 386-2008 § 1, 2008: Ord. 203-78 § 1(part), 1978; Ord. 45-63 § 5.10, 1963).
(Ord. No. 403-2012, § 1, 2-9-2012; Ord. No. 410-2012, §§ 2—4, 12-13-2012)
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 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.
Filtering and heating systems for such pools shall not be located closer than thirty feet to any dwelling other than the owner's.
C.
No pool shall occupy over forty percent of the required rear yard. Coverage by a swimming pool shall not be considered in measuring maximum lot coverage.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.15, 1963).
The city adopts and incorporates herein by reference the most current edition of the Uniform Sign Code, as published by the International Conference of Building Officials, together with any future amendments thereof and supplements thereto.
(Ord. No. 413-2013, § 1, 8-8-2013)
Editor's note— Ord. No. 413-2013, § 1, adopted August 8, 2013, repealed the former § 18.24.230, and enacted a new § 18.24.230 as set out herein. The former § 18.24.230 pertained to similar subject matter and derived from Ord. No. 45-63, 1963; Ord. No. 127-74, 1974; Ord. No. 203-78, 1978 and Ord. No. 393-2009, adopted December 10, 2009. See also §§ 18.24.231—18.24.239.
A.
Permitted. One sign shall be permitted located on the site of a business on property located within the C-1, C-2, C-M, and M zones which advertise a permitted use thereon.
B.
Size. The size may not exceed: One square foot for each linear foot of street frontage for signs projecting vertically from a structure and freestanding signs; or, four square feet for each linear foot of street frontage for signs which are flush-mounted on a building. The combining of street front footage and street side footage shall not be allowed to determine the maximum size of the sign. For each two thousand feet of the lot not covered by the building an additional twenty square feet of perpendicular or freestanding sign shall be allowed so long as the sign is totally contained within the property lines.
(Ord. No. 413-2013, § 2, 8-8-2013)
The following signs may be erected and maintained upon the issuance of an administrative sign permit issued by the city administrator or his/her designee:
A.
Business Signs. Flush mounted or attached perpendicularly.
B.
Residential Areas. One sign, not over eight square feet in area, is permitted for property located within the R-2, R-3 and R-4 zones, which sign shall be for the purpose of identifying the permitted use thereon. The sign shall be attached to the main building.
C.
Temporary Banners. Temporary cloth banners and pennants may be erected and maintained for not longer than thirty consecutive days and not more than one time within any six-month period. Such signage shall not exceed a total of thirty square feet and shall be attached to existing structures.
D.
Minor Amendments. Minor amendments to signs previously approved by the planning commission that do not result in signs that are larger or significantly different in appearance and/or location.
E.
Replacement Signs. The modification, replacement, or repair of a sign previously granted a sign permit, provided that the replacement sign is not larger or significantly different in appearance and/or location.
F.
Other Signs. Any sign not specifically set forth as signs permitted upon the issuance of a sign use permit by the planning commission and not specifically prohibited or exempt may be approved administratively by the city administrator. The city administrator has the discretion to forward such sign requests to the planning commission.
(Ord. No. 413-2013, § 2, 8-8-2013)
A.
Signs larger than those permitted in Sections 18.23.231 and 18.23.232. Any request for signage larger than that permitted as aforementioned, may be approved by the planning commission on such conditions as deemed appropriate after consideration of size, height, location, materials, color, lighting, public safety, and other appropriate factors.
B.
Freestanding Signs. A sign use permit, issued by the planning commission, shall be required for all freestanding signs. Except as may be provided to the contrary in this section,
C.
Highway Advertising. A sign use permit, issued by the planning commission, shall be required for all highway advertising signs. In addition to signs permitted elsewhere in this section, one sign intended to be viewed from highway motorists may be permitted on property within the following-described highway advertising zone.
1.
Weed Boulevard: Both sides of North and South Weed Boulevard, commencing at the southerly city limit and extending to the northerly city limit.
2.
Highway 97: Both sides of Highway 97, commencing at the intersection of Highway 97 and North Weed Boulevard and extending to the northerly city limit, with the except of property located within the residential (R-1, R-2, R-3, or R-4) zones.
3.
Shastina Drive: The full length of Shastina Drive.
D.
Prior to issuing a sign use permit, the planning commission shall hold a public hearing, with notice to be given to the owners of properties within three hundred feet of the parcel on which the proposed additional sign is to be located, and to the owners of any property beyond the three hundred-foot radius whom staff finds could be adversely affected in a manner different than the general population. The staff's determination to give additional notice beyond three hundred feet is discretionary and shall not be the basis to challenge the issuance of a use permit. The application for such an additional sign shall include the following:
1.
Plot Plan: A plot plan showing the location and direction of the proposed sign on the property.
2.
Rendering: An artist's or digital color rendering of the sign as it would appear in place on the property.
3.
Description: A narrative description of the sign, including specifications as to size, text, color, electrification, materials, support structure, and other design features.
4.
Design: Design blueprints of the proposed sign, including but not limited to the support structure, faces, face retaining devices, access doors and latches, internal cabinet members, and any safety netting, which shall be prepared and certified by applicant's licensed engineer.
5.
Other Signs: Evidence to support a finding that no existing sign will be obscured by the proposed sign.
6.
Elevation: Evidence to support a finding that the proposed elevation of the face of the sign is adequate to ensure freeway visibility but is not higher than is necessary to assure such visibility.
7.
Maintenance: Evidence that the sign owner has made arrangements for inspection and maintenance of the sign to be performed by an appropriately licensed person on not less than a semi-annual basis and that a written report will be issued to the city on each such occasion.
8.
Other Permits: Evidence that the applicant has complied with any permits required by the state of California.
(Ord. No. 413-2013, § 2, 8-8-2013)
The following signs are prohibited:
A.
Discontinued Businesses. Signs shall be removed within thirty days after the business identified by the sign is no longer operating or which no longer offers all of the goods or services specified by the sign.
1.
Failure to Remove. If the sign prohibited by this subsection is not removed in a timely fashion, the city may, after not less than thirty days' written notice to the property owner, cause it to be removed and the cost thereof shall then be reimbursed to the city by the property owner.
B.
Nuisance Signs. Signs may not make use of the words "stop," "danger," or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse traffic.
C.
Lights. Signs may not have red, green, or amber lights that could reasonably be confused with traffic signals if designed or located in such a manner as to be seen by vehicular traffic, nor may a sign have illumination which is of such brightness or other nature as to constitute a hazard to motor vehicle operators.
D.
Sidewalk and Driveway Clearance. Signs may not have a clearance of less than ten feet above sidewalks, or fourteen feet above driveways, and shall not extend beyond a point which is within two feet of the street pavement.
E.
Interference with Street Lights. No sign shall be installed which will interfere with the illumination from city street lights.
F.
Off-Site Signs. Outdoor advertising signs shall not be permitted on parcels different and apart from the parcel on which the advertised business is located, provided however, that this prohibition shall not apply if the parcel on which the sign is located is contiguous to the parcel on which the business is located.
G.
Street Banners. Fabric banners or signs extending over streets or public property shall not be permitted. This section is not intended to prohibit temporary banners on private property.
(Ord. No. 413-2013, § 2, 8-8-2013)
A.
Interior Signs. Permanent or temporary signs which are wholly within a business building, whether or not visible from the outside, are exempt from regulation under this section.
B.
Warning Signs. Signs for the sole purpose of warning of danger or to serve as an aid to public safety are exempt from regulation under this section, provided however, that no such sign shall exceed three square feet in size.
C.
Underground Utilities. Signs for the sole purpose of identifying or warning of the presence of underground facilities or utilities are exempt from regulation under this section, provided however, that no such sign shall exceed three square feet in size.
D.
Construction Sites. Signs relating solely to construction under way on any property are exempt from regulation under this section, provided however, that no such sign shall exceed thirty-two square feet in size, nor be more than six feet in height, and such signs shall not remain in place after the construction is complete, or a certificate of occupancy has been issued thereon, or one year after the building permit thereon was issued, whichever is sooner.
E.
Restrooms. Signs for the sole purpose of identifying the location of public restrooms are exempt from regulation under this section, provided however, that no such sign shall exceed three square feet in size.
F.
Parking and Traffic Control. Signs for the sole purpose of directing vehicular or pedestrian traffic, or vehicular parking, are exempt from regulation under this section, provided that no such sign shall exceed three square feet in size.
G.
Signage on Public Parks. Signs located solely on property owned or leased by another public agency, including but not limited to the recreation and park district are exempt from regulation under this section.
H.
Signage for Colleges and Schools. Signs located on school property and off-premise signs solely for the benefit of colleges and schools are exempt from regulation under this section.
I.
Real Estate Signs. Signs for the sole purpose of advertising the sale, rental, or lease of real property are exempt from regulation under this section, provided however, that no such sign shall exceed thirty-two square feet in size.
J.
Political Signs. Yard and window signs for the sole purpose of expressing an opinion on any political matter or other issue of public interest are exempt from regulation under this section so long as their location or design does not constitute a hazard to public safety or other public nuisance.
K.
Church Signs. Signs located on property owned or leased by a church are exempt from regulation under this section so long as their location or design does not constitute a hazard to public safety or other public nuisance.
L.
Community Organizations. Signs related to special events and fundraisers for community organizations are exempt from regulation under this section so long as their location or design does not constitute a hazard to public safety or other public nuisance; they are not larger than eighteen inches by twenty-four inches; there are no more than twenty total signs; and the signs are not displayed for longer than thirty consecutive days.
M.
Governmental Signs. Signs which are erected by or under the authority of any governmental entity, whether local, state, or federal shall be exempt from regulation under this section.
N.
Vehicles. Signage or other advertising painted upon vehicles which hold current registration with the department of motor vehicles are exempt from regulation under this section, provided however, that this exemption shall not apply to separate signage which is attached to, or erected upon, any vehicle.
O.
Garage sale or yard sale signs and directional signs to private parties. Garage sale, yard sale, and signs to direct guests to private parties such as graduation ceremonies, birthday parties, anniversary celebrations and the like are exempt from regulation under this section so long as their location or design does not constitute a hazard to public safety or other public nuisance; they are not larger than eighteen inches by twenty-four inches; there are no more than three total signs; and the signs are not displayed for longer than twenty-four hours.
P.
Sandwich Board Signs. Sandwich board signs within the commercial zones of the city are exempt from regulation under this section so long as their location or design does not interfere with pedestrian movement nor constitute a hazard to public safety or other public nuisance.
(Ord. No. 413-2013, § 2, 8-8-2013)
A.
Condition. All signs shall be maintained in good repair, in a safe condition, and shall have a neat appearance. If any sign is in such a condition that any of its materials may become detached and constitute a danger to the public, the sign shall be promptly repaired or those materials shall be removed.
B.
Debris. It shall be the responsibility of the property owner and sign owner to clean up any debris resulting from the failure of a sign.
(Ord. No. 413-2013, § 2, 8-8-2013)
A.
Status. All signs not in conformance with the requirements of this section within six months after the date of adoption of this ordinance shall be deemed non-conforming, except that highway advertising signs shall be brought into compliance within one year of such adoption.
B.
Removal Compensation. The city may order the removal of any non-conforming sign without compensation to the sign owner except as such compensation may be required by state law. The city council may, by resolution, establish compensation and amortization schedules for non-conforming signs, and shall hear any appeals by sign owners of the application of such schedules.
(Ord. No. 413-2013, § 2, 8-8-2013)
A.
Application. The application for a sign permit shall be made on forms provided by the city and shall be accompanied by:
1.
A plot plan showing the location and elevation of the proposed sign and its location on the property or architectural drawings or sketches showing the building elevation and the location of the sign on the building;
2.
An artist's rendering or digital image, in color, of the sign as it would appear on the property;
3.
A narrative description of the sign;
4.
The size of the proposed sign (and any existing signage that will be retained) together with the measurement of the site's street frontage;
5.
A completed environmental assessment questionnaire if required by the city administrator; and
6.
The appropriate sign permit fee.
B.
Notice. With the exception of a sign use permit for a highway advertising sign, no notice is required to be provided by mail or advertising for the issuance of a use permit.
C.
Hearing. Generally no public hearing will be required for the issuance of a sign permit. When, however, the city administrator determines that such a hearing is required by city ordinance or state law, the hearing shall be conducted by the planning commission, which shall receive the staff report and allow the applicant and the public to be heard. No notice need be given for such a hearing, except as required by city ordinance or state law.
D.
Revocation of Permits. The city council may revoke any sign permit upon failure of the permittee to comply with any requirement of this section. Revocation proceedings shall be conducted as detailed in Sections 18.32.140 and 18.32.150 of this code.
E.
Replacement. If a sign fails in such a manner as to constitute a hazard to the public, a sign use permit shall be obtained for its repair or replacement. Pending such repair or replacement, the hazard shall be promptly mitigated by the property or sign owner.
F.
Building Permit Required. In addition to obtaining a sign permit a building permit must be obtained for each sign, whether attached to a building or free standing, and engineered plans and/or wind-load calculations may be required. In addition, the chief building official of the city will require compliance with wind-load provisions and the use of appropriate materials.
G.
Appeals. Any applicant or sign owner may appeal an administrative decision, or that of the planning commission, relating to the application of this section, to the city council, the decision of which shall then be final.
(Ord. No. 413-2013, § 2, 8-8-2013)
Upon recommendation of the city clerk or city administrator, the city council shall by resolution establish fees to be paid by applicants for the city's recovery of its costs to process and issue permits, and to hear appeals under, this section, and fee exemptions for qualified non-profit organizations.
(Ord. No. 413-2013, § 2, 8-8-2013)
A.
Prior to commencing a home occupation a permit shall be obtained from the city. Issuance of such permit shall be based on the signed acceptance by the applicant of the conditions outlined in the criteria for determination of home occupancies.
B.
The following criteria shall be used for the determination of a home occupation:
1.
There shall be no employment of help other than the members of the resident family.
2.
There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby uses.
3.
The use shall not generate pedestrian or vehicular traffic or noise or electronic interference beyond that normal to the zone in which it is located.
4.
There shall be no excessive, unsightly or hazardous storage of materials, supplies, or equipment, indoors or outdoors.
5.
It shall not involve the use of signs or structures other than those permitted in the zone of which it is a part.
6.
Not more than one room in the dwelling shall be employed by the home occupation, nor more than one out-building.
7.
In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as servicing a nonresidential use.
8.
The granting of a permit for home occupations does not exempt the permittee from the state and local regulations regarding the business licenses, sales tax permits and professional restrictions.
(Ord. 276-90 §2, 1990: Ord. 203-78 §1(part), 1978: Ord. 130-74 §2, 1974: Ord. 45-63 §5.24, 1963).
Outdoor advertising structures or signs (fixed or mobile), not pertinent to the use of the land upon which it/they is/are located, are prohibited except those authorized by Section 18.24.230.A.9.
(Ord. No. 393-2009, § 2, 12-10-2009; Ord. 370-2005, § 1, 2005; Ord. 353-2000, § 2, 2001).
An advertising structure or sign is pertinent to the use of the land upon which it is located, and therefore excepted from the prohibition of signs set forth by Section 18.24.250, only if it is devoted exclusively to the following uses:
A.
To advertise the sale or lease of the property on which such advertising structure or sign is placed;
B.
To designate the name of the owner or occupant of the premises upon which property such advertising structure or sign is placed;
C.
To advertise the business conducted or goods made by or produced or services rendered upon such property upon which such advertising structure or sign is placed.
(Ord. 370-2005 §2, 2005: Ord. 225-80 §2, 1981).
Manufactured homes, as defined by Section 18.08.345, are allowed to be placed in a residential zone on individual lots, as follows, and a manufactured home shall:
A.
Be occupied only as a residential use;
B.
Be subject to all of the provisions of the city's zoning ordinances for residential structures;
C.
Be attached to a permanent foundation system as required in the Uniform Building Code for residential structures;
D.
Be covered with an exterior material customarily used on conventional dwellings. The exterior covering material shall extend over the foundation in the same manner as conventional buildings;
E.
Have a roof load design according to the Uniform Building Code;
F.
Have roof pitch of not less than three inches of vertical rise for each twelve inches of horizontal run;
G.
Have a roof covering consisting of materials customarily used for conventional dwellings within the neighborhood in which the manufactured home is proposed to be placed:
H.
Have a plot plan showing the proposed location of the manufactured home on the lot;
I.
Be subject to all of the provisions and ordinances that apply to all other residential buildings;
J.
Be required to have porches and eaves, or roofs with eaves, when it is necessary to make the manufactured home compatible with other dwellings in the neighborhood.
(Ord. No. 454-2019, § 2.B, 6-13-2019)
Editor's note— Ord. No. 454-2019, § 2.B, adopted June 13, 2019, repealed the former § 18.24.270, and enacted a new § 18.24.270 as set out herein. The former § 18.24.270 pertained to mobile homes on single-family lots and derived from Ord. No. 229-81, adopted in 1981.
A building permit shall be obtained for the placement of a manufactured home. Issuance of the building permit shall require that the applicant comply with all of the requirements of the city's building codes and ordinances where they may apply. The manufactured home must have a foundation system consisting of an assembly of materials constructed below the manufactured home, and below grade for frost protection, and not intended to be removed, which system is designed to support the manufactured home structure, and to resist the imposition of external natural forces. The foundation system shall be designed in accordance with the Uniform Building Code and local soil conditions. The foundation shall be designed to withstand sixty-pound snow loads and fifteen-pound wind loads when imposed from the manufactured home.
The manufactured home shall be installed in accordance with the installation instructions provided by:
A.
The manufacturer of the manufactured home; or,
B.
A California licensed architect or engineer, when the manufacturer's instructions are not available or are inapplicable due to the unique conditions of the site.
(Ord. No. 454-2019, § 2.C, 6-13-2019)
No person shall install, either as owner or agent, or employee of the owner, or as an independent contractor for the owner, or otherwise, any dish-type or satellite antenna, any additions thereto or substitution for such antenna, when such antenna exceeds three feet in diameter, unless a use permit is obtained in accordance with the provisions of this title. Any such use permit for the placement of dish-type or satellite antennas shall be conditioned upon the following:
A.
In any residentially zoned district, such antenna shall be treated as an accessory structure and shall comply with height, setback and lot coverage requirements for the zone in which it is located pursuant to regulations set forth in Section 18.24.080. Dish-type or satellite antennas placed within a residential zone shall be substantially screened from view of streets and abutting properties by use of fences, hedges or appropriate plant materials.
B.
Within any C or M district, a site plan shall be submitted showing location for placement of such antenna, in addition to such other information as is required for a use permit. As to each such antenna site, there shall be available property which is not otherwise required for parking or otherwise occupied by structures and improvements upon the property.
C.
A use permit shall not be granted in accordance with the provisions of this section until the administrator shall have held a public hearing on the proposed permit. Notice of the time and place of the hearing shall be given at least ten days before the hearing in the following manner:
1.
The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city, or if there is none, it shall be posted in at least three public places in the city.
2.
The notice of hearing shall additionally be given by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed permit. If the notice is by mail, it shall be given through the U.S. mail, with postage prepaid, using addresses from the last equalized assessment roll, or alternatively, from such other records as may contain more recent addresses in the opinion of the city administrator.
D.
Prior to the approval of the permit in accordance with the provisions of this section, the administrator shall determine whether the installation will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood, or to the general welfare of the city, and the administrator shall consider environmental factors in making such determination. If the administrator finds that the aforementioned conditions will not result from the installation, he may grant the permit. In considering the determination of the aforementioned conditions, the administrator shall consider the following conditions in addition to any other conditions deemed appropriate for consideration:
1.
Visibility of antenna from streets, roads and other rights-of-way;
2.
Visibility of antenna from abutting properties and the neighborhood;
3.
Compatibility of antenna with neighborhood surroundings;
4.
Size, shape, design and layout of antenna;
5.
Availability of other sources of antenna reception;
6.
The general visibility of the antenna.
E.
The restrictions set forth in subsections A, B, C and D of this section shall not be applicable to commercial broadcasting operations except to the extent that any such condition may be imposed by the administrator as a condition for issuance of such permit.
F.
Each and every antenna installed prior to the effective date of the ordinance codified in this chapter shall be deemed to be in conformance with the provisions of this chapter, but only so long as ownership of the parcel upon which the antenna is located shall remain in the possession and ownership of the current holder and owner of such property, or his/her surviving spouse.
G.
The fee for any permit issued in accordance with this chapter shall be fifty dollars to cover publishing and mailing costs as prescribed by subsection (C) of this section.
(Ord. 270-89 §1, 1989; Ord. 243-84 (part), 1986: Ord. 237-83, 1983).
"Self-storage warehouse" means a facility that offers individually secured units for the storage of goods, other than hazardous materials, for rental to the public, each of which is accessible only by the tenant of the individual unit or space.
A.
Business or sale of merchandise shall not be conducted from any self-storage warehouse unit, nor shall the unit be used a habitable space, office, or meeting area, and shall be kept closed and secured at all times other than when items are being moved to or from the unit.
B.
Self-storage warehouse units must be oriented to minimize the view from the public right-of-way. In no case shall the units be placed so as to cover, block, or otherwise impact required parking, or impact circulation and emergency access.
C.
Self-storage warehouse shall be entirely screened with screening walls and/or landscaping. Graffiti shall be removed within twenty-four hours from any storage container or screening.
(Ord. No. 387-2008, § 2, 9-11-2008)
Prefabricated exterior storage containers such as cargo containers or truck trailers are permitted only in zones designated C-1, C-2, C-M or M with a conditional use permit, subject to the following conditions:
A.
Storage containers may be used only for the storage of merchandise, inventory, shelving displays, or other incidental items related to the operation of the business.
B.
Business or sale of merchandise shall not be conducted from the storage container, nor shall the storage container be used as a habitable space, office, or meeting area, and shall be kept closed and secured at all times other than when items are being moved to or from the storage container.
C.
Storage containers must be oriented to minimize their being seen from the public right-of-way. In no case shall storage containers be placed so as to cover, block, or otherwise impact required parking, or impact circulation or emergency access.
D.
Storage containers shall be entirely screened by a solid wall or fence as approved in the use
permit with a minimum height equivalent to the height of the container, or in lieu of such a wall or fence, painted the color of the primary structure as conditioned by the use permit.
E.
Graffiti shall be removed within twenty-four hours from any storage container or screening.
F.
No more than two storage containers with a combined floor area of no more than six hundred forty square feet shall be allowed on any lot or combination of lots constituting a single site. Storage containers shall not exceed a height of ten feet.
G.
Storage container location:
1.
Setbacks for the underlying zone shall apply however a storage container shall be no closer to the front lot line than the front-most wall of the building nearest the front lot line. More restrictive or less restrictive setbacks may be established on a case by case basis in accordance with Weed Municipal Code Section 18.32.050.
2.
Storage containers may be allowed as a temporary use on construction sites in any zone within the city subject to first obtaining a temporary conditional use permit. The planning commission shall determine appropriate siting, time limits, and other conditions as may be necessary to assure minimal impact to adjacent properties. Such temporary use shall be allowed only in conjunction with a valid building permit, and the use shall be terminated prior to issuance of a final occupancy permit. The planning commission shall have the authority to revoke such a temporary permit if the applicant does not comply with the stated conditions or if the applicant is not making adequate progress on construction.
H.
The planning commission may impose conditions on the approval of the use permit after consideration of the size, height, location, and other factors related to the storage container all in accordance with Weed Municipal Code Section 18.32.040.
I.
This section shall not apply to a location with a permitted business actively engaged in transporting cargo containers or truck trailers, provided however, that the container or trailer is on the property only temporarily.
J.
The planning commission, as a condition of a permit hereunder, may require annual or other periodic review.
(Ord. No. 387-2008, § 3, 9-11-2008; Ord. No. 406-2012, 7-12-2012)
24 - GENERAL REGULATIONS
Sections:
All regulations in this title pertaining to the districts established in Chapter 18.12 are subject to the general provisions, conditions and exceptions contained in this chapter.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.1, 1963).
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 in this title, the planning commission shall ascertain all pertinent facts and, by resolution, set forth its findings and interpretations; and thereafter such interpretations shall govern, except if the city council directs the planning commission to adopt a different interpretation.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.2, 1963).
A.
All of the uses listed in subsection C of this section, and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts defined in this title, and therefore the authority for and location of the operation of any of the uses designated in this section shall be subject to the issuance of a use permit in accordance with the provisions of Chapter 18.32.
B.
In addition to the criteria for determining whether or not a use permit should be issued as set forth in Chapter 18.32, the planning commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with uses permitted in surrounding area:
1.
Damage or nuisance from noise, smoke, odor, dust or vibration;
2.
Hazard from explosion, contamination or fire;
3.
Hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles.
C.
The uses referred to in subsection A are as follows:
1.
Airports and landing fields;
2.
Cemeteries;
3.
Establishments or enterprises involving large assemblages of people or automobiles as follows:
a.
Amusement parks and race tracks,
b.
Circus or carnivals,
c.
Public buildings, parks and other public recreational facilities,
d.
Recreational facilities, privately operated;
4.
The mining of natural mineral resources, together with the necessary buildings and appurtenances incident thereto;
5.
Removal or deposit of earth other than in connection with construction of buildings, roadways or public or home improvements.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.3, 1963).
In case an application is made for a permit for any building or structure in any C, C-M or M district, said application shall be accompanied by architectural drawings or sketches, showing the elevations of the proposed building or structure and site plans showing the proposed landscape or other treatment of the grounds around such building or structure. Such drawings, sketches, and site plans shall be considered by the planning commission in an endeavor to provide that the architectural and general appearance of such buildings or structures and grounds to be in keeping with the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the city, or to impair the desirability of investment or occupation in the neighborhood.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.21, 1963).
The planning commission may appoint an architectural committee of two of its members which shall exercise the architectural considerations provided for in Section 18.24.040.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.22, 1963).
(Ord. No. 391-2009, § 1, 6-11-2009)
No permit shall be issued in any case where architectural consideration is required until such drawings and sketches have been approved by the planning commission and all buildings, structures and grounds shall be constructed and improved in accordance with the approval drawings and sketches.
(Ord. 203-78, § 1(part), 1978; Ord. 45-63, § 5.23, 1963).
Accessory buildings shall be constructed with or subsequent to the construction of the main building.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.4, 1963).
Where an accessory building is attached to the main building it shall be made structurally a part of and have a common roof 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 an R district 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 one foot of the side line of the lot or, in the case of a corner lot, to project beyond the front yard required or existing on the adjacent lot. Residential garage entrances fronting on any lot line shall be located not less than twenty feet from said lot line.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.14, 1963).
Where chimneys, silos, cupolas, flagpoles, monuments, gas storage holders, radio and other towers, water tanks, church steeples and similar structures and mechanical appurtenances are permitted in a district, height limits may be exceeded upon the securing of a use permit in each case.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.7, 1963).
Public utility distribution and transmission line towers and poles, and underground facilities for distribution of gas, water, communications and electricity, shall be allowed in all districts without limitation as to height or without obtaining a use permit therefore, provided, however, that all routes of proposed gas, water, communication transmission lines and electric transmission lines shall be submitted to the city planning commission and then to the city council for their recommendation. Such recommendation shall be received prior to acquisition of rights-of-way therefor.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.5, 1963).
In any district with a height limit of less than seventy-five feet, public and semi-public buildings, schools, churches, hospitals and other institutions permitted in such district may be erected to a height not exceeding seventy-five feet, provided that the front, rear and side yard shall be increased one foot for each one foot by which such building exceeds the height limit established for such district.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.8, 1963).
Upon securing a use permit, any building in any C, C-M or M district may be erected to a height exceeding that specified in this title for such district, provided that the cubical contents of the building shall not be increased beyond that possible for a building erected within the height limit specified.
(Ord. 203-78 §1(part), 1963: Ord. 45-63 §5.9, 1963).
In an R-1 district, where four or more lots in a block have been improved with buildings at the time of the passage of the ordinance codified in this title (not including accessory buildings), the minimum required front setback shall be the average of the improved lots, if said setback is more or less than the stated requirements of the district.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.16, 1963).
In any R district, where a dwelling unit is located on a lot so that the main entrance is located on the side of the building, the required side setback, from the front setback line to such entrance, shall be not less than ten feet.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.19, 1963).
Whenever an official plan line has been established for any street, required yards shall be measured for such line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.13, 1963).
The width of side yards on single-family dwellings constructed pursuant to Section 18.24.180 may be reduced to ten percent of the width of such parcel, but in no case to less than four feet.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.18, 1963).
In R districts, single-family dwellings only may be erected on any parcel of land, the area of which is less than the building site area required for the particular district in which said parcel is located, but if and only if said parcel was in single ownership at the time of the adoption of the ordinance codified in this title and said single ownership on January 25, 1961. No structure shall be erected on any substandard parcel if said parcel was acquired from the owner or owners of record of contiguous property of said contiguous owner's or owners' transferee after January 25, 1961.
(Ord. 203-78 §1(part), 1978: Ord. 82-67, 1967: Ord. 45-63 §5.17, 1963).
Open, uncovered, raised porches, landing places or outside stairways may project not closer than four feet to any side lot line, and not exceeding six feet into any required rear yard or front yard.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.12, 1963).
Architectural features on the main building, such as cornices, eaves and canopies, may not extend closer than three feet to any side lot line. Eaves and canopies may extend a maximum of three feet into the required front or rear yard. Fireplaces, not exceeding six feet in breadth, may extend not closer than three feet to any side lot line.
(Ord. 203-78 § 1(part), 1978: Ord. 45-63 § 5.11, 1963).
Dwelling groups shall be constructed so that the following minimum distances are provided:
A.
Minimum of ten feet between buildings;
B.
Minimum of twelve feet between side yard line and access side of single row dwelling groups;
C.
Minimum of twenty feet between access side of buildings in double rows.
(Ord. 203-78 § 1(part), 1978: Ord. 45-63 § 5.20, 1963).
Fences, hedges and walls may be erected in any district subject to the following conditions:
A.
Fences, hedges and walls shall not exceed six feet in height from original grade on the lot or within all rear and side property lines on interior lot lines, and on or to the rear of all front yard setback lines.
B.
No fence, hedge or wall over forty-eight inches in height shall be erected in any front yard, or in the side yard on the street side of either a corner lot or on a lot, the rear line of which abuts the side line of an adjoining lot.
C.
The street intersection of a corner lot shall have no fence, hedge or wall exceeding thirty-six inches in height within a triangle of twenty-five feet along the side of each street as measured from the intersection.
D.
Trees located within the twenty-five-foot triangle referenced in subsection C above shall have limbs trimmed and maintained to a minimum of eight feet off the finished grade.
E.
Fences or structures exceeding the allowable height to enclose tennis courts, similar areas, or unusual privacy requirements may be erected subject to the obtaining of a use permit therefore and such use is found to not reduce public safety patrol and access capabilities.
F.
A fence permit shall be obtained from the city prior to the erection or installation of any fence or wall. The city clerk shall establish fees and procedures for the issuance of fence permits, including fees for failure to obtain such a permit or to comply with other city requirements. All such fees shall become effective immediately upon their approval by city council resolution. The permit shall issue upon representation that the design complies with city requirements, is safe, and is located on the applicant's property. The erection of a fence which does not comply with the requirements, or failure to obtain such a permit before commencing construction, shall constitute a violation of this code and be punishable as provided in California Government Code Section 36900(b), or any successor statute, as it exists at the time of the violation.
G.
It shall be the responsibility of the property owner to identify the property corners prior to the construction.
(Ord. 386-2008 § 1, 2008: Ord. 203-78 § 1(part), 1978; Ord. 45-63 § 5.10, 1963).
(Ord. No. 403-2012, § 1, 2-9-2012; Ord. No. 410-2012, §§ 2—4, 12-13-2012)
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 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.
Filtering and heating systems for such pools shall not be located closer than thirty feet to any dwelling other than the owner's.
C.
No pool shall occupy over forty percent of the required rear yard. Coverage by a swimming pool shall not be considered in measuring maximum lot coverage.
(Ord. 203-78 §1(part), 1978: Ord. 45-63 §5.15, 1963).
The city adopts and incorporates herein by reference the most current edition of the Uniform Sign Code, as published by the International Conference of Building Officials, together with any future amendments thereof and supplements thereto.
(Ord. No. 413-2013, § 1, 8-8-2013)
Editor's note— Ord. No. 413-2013, § 1, adopted August 8, 2013, repealed the former § 18.24.230, and enacted a new § 18.24.230 as set out herein. The former § 18.24.230 pertained to similar subject matter and derived from Ord. No. 45-63, 1963; Ord. No. 127-74, 1974; Ord. No. 203-78, 1978 and Ord. No. 393-2009, adopted December 10, 2009. See also §§ 18.24.231—18.24.239.
A.
Permitted. One sign shall be permitted located on the site of a business on property located within the C-1, C-2, C-M, and M zones which advertise a permitted use thereon.
B.
Size. The size may not exceed: One square foot for each linear foot of street frontage for signs projecting vertically from a structure and freestanding signs; or, four square feet for each linear foot of street frontage for signs which are flush-mounted on a building. The combining of street front footage and street side footage shall not be allowed to determine the maximum size of the sign. For each two thousand feet of the lot not covered by the building an additional twenty square feet of perpendicular or freestanding sign shall be allowed so long as the sign is totally contained within the property lines.
(Ord. No. 413-2013, § 2, 8-8-2013)
The following signs may be erected and maintained upon the issuance of an administrative sign permit issued by the city administrator or his/her designee:
A.
Business Signs. Flush mounted or attached perpendicularly.
B.
Residential Areas. One sign, not over eight square feet in area, is permitted for property located within the R-2, R-3 and R-4 zones, which sign shall be for the purpose of identifying the permitted use thereon. The sign shall be attached to the main building.
C.
Temporary Banners. Temporary cloth banners and pennants may be erected and maintained for not longer than thirty consecutive days and not more than one time within any six-month period. Such signage shall not exceed a total of thirty square feet and shall be attached to existing structures.
D.
Minor Amendments. Minor amendments to signs previously approved by the planning commission that do not result in signs that are larger or significantly different in appearance and/or location.
E.
Replacement Signs. The modification, replacement, or repair of a sign previously granted a sign permit, provided that the replacement sign is not larger or significantly different in appearance and/or location.
F.
Other Signs. Any sign not specifically set forth as signs permitted upon the issuance of a sign use permit by the planning commission and not specifically prohibited or exempt may be approved administratively by the city administrator. The city administrator has the discretion to forward such sign requests to the planning commission.
(Ord. No. 413-2013, § 2, 8-8-2013)
A.
Signs larger than those permitted in Sections 18.23.231 and 18.23.232. Any request for signage larger than that permitted as aforementioned, may be approved by the planning commission on such conditions as deemed appropriate after consideration of size, height, location, materials, color, lighting, public safety, and other appropriate factors.
B.
Freestanding Signs. A sign use permit, issued by the planning commission, shall be required for all freestanding signs. Except as may be provided to the contrary in this section,
C.
Highway Advertising. A sign use permit, issued by the planning commission, shall be required for all highway advertising signs. In addition to signs permitted elsewhere in this section, one sign intended to be viewed from highway motorists may be permitted on property within the following-described highway advertising zone.
1.
Weed Boulevard: Both sides of North and South Weed Boulevard, commencing at the southerly city limit and extending to the northerly city limit.
2.
Highway 97: Both sides of Highway 97, commencing at the intersection of Highway 97 and North Weed Boulevard and extending to the northerly city limit, with the except of property located within the residential (R-1, R-2, R-3, or R-4) zones.
3.
Shastina Drive: The full length of Shastina Drive.
D.
Prior to issuing a sign use permit, the planning commission shall hold a public hearing, with notice to be given to the owners of properties within three hundred feet of the parcel on which the proposed additional sign is to be located, and to the owners of any property beyond the three hundred-foot radius whom staff finds could be adversely affected in a manner different than the general population. The staff's determination to give additional notice beyond three hundred feet is discretionary and shall not be the basis to challenge the issuance of a use permit. The application for such an additional sign shall include the following:
1.
Plot Plan: A plot plan showing the location and direction of the proposed sign on the property.
2.
Rendering: An artist's or digital color rendering of the sign as it would appear in place on the property.
3.
Description: A narrative description of the sign, including specifications as to size, text, color, electrification, materials, support structure, and other design features.
4.
Design: Design blueprints of the proposed sign, including but not limited to the support structure, faces, face retaining devices, access doors and latches, internal cabinet members, and any safety netting, which shall be prepared and certified by applicant's licensed engineer.
5.
Other Signs: Evidence to support a finding that no existing sign will be obscured by the proposed sign.
6.
Elevation: Evidence to support a finding that the proposed elevation of the face of the sign is adequate to ensure freeway visibility but is not higher than is necessary to assure such visibility.
7.
Maintenance: Evidence that the sign owner has made arrangements for inspection and maintenance of the sign to be performed by an appropriately licensed person on not less than a semi-annual basis and that a written report will be issued to the city on each such occasion.
8.
Other Permits: Evidence that the applicant has complied with any permits required by the state of California.
(Ord. No. 413-2013, § 2, 8-8-2013)
The following signs are prohibited:
A.
Discontinued Businesses. Signs shall be removed within thirty days after the business identified by the sign is no longer operating or which no longer offers all of the goods or services specified by the sign.
1.
Failure to Remove. If the sign prohibited by this subsection is not removed in a timely fashion, the city may, after not less than thirty days' written notice to the property owner, cause it to be removed and the cost thereof shall then be reimbursed to the city by the property owner.
B.
Nuisance Signs. Signs may not make use of the words "stop," "danger," or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse traffic.
C.
Lights. Signs may not have red, green, or amber lights that could reasonably be confused with traffic signals if designed or located in such a manner as to be seen by vehicular traffic, nor may a sign have illumination which is of such brightness or other nature as to constitute a hazard to motor vehicle operators.
D.
Sidewalk and Driveway Clearance. Signs may not have a clearance of less than ten feet above sidewalks, or fourteen feet above driveways, and shall not extend beyond a point which is within two feet of the street pavement.
E.
Interference with Street Lights. No sign shall be installed which will interfere with the illumination from city street lights.
F.
Off-Site Signs. Outdoor advertising signs shall not be permitted on parcels different and apart from the parcel on which the advertised business is located, provided however, that this prohibition shall not apply if the parcel on which the sign is located is contiguous to the parcel on which the business is located.
G.
Street Banners. Fabric banners or signs extending over streets or public property shall not be permitted. This section is not intended to prohibit temporary banners on private property.
(Ord. No. 413-2013, § 2, 8-8-2013)
A.
Interior Signs. Permanent or temporary signs which are wholly within a business building, whether or not visible from the outside, are exempt from regulation under this section.
B.
Warning Signs. Signs for the sole purpose of warning of danger or to serve as an aid to public safety are exempt from regulation under this section, provided however, that no such sign shall exceed three square feet in size.
C.
Underground Utilities. Signs for the sole purpose of identifying or warning of the presence of underground facilities or utilities are exempt from regulation under this section, provided however, that no such sign shall exceed three square feet in size.
D.
Construction Sites. Signs relating solely to construction under way on any property are exempt from regulation under this section, provided however, that no such sign shall exceed thirty-two square feet in size, nor be more than six feet in height, and such signs shall not remain in place after the construction is complete, or a certificate of occupancy has been issued thereon, or one year after the building permit thereon was issued, whichever is sooner.
E.
Restrooms. Signs for the sole purpose of identifying the location of public restrooms are exempt from regulation under this section, provided however, that no such sign shall exceed three square feet in size.
F.
Parking and Traffic Control. Signs for the sole purpose of directing vehicular or pedestrian traffic, or vehicular parking, are exempt from regulation under this section, provided that no such sign shall exceed three square feet in size.
G.
Signage on Public Parks. Signs located solely on property owned or leased by another public agency, including but not limited to the recreation and park district are exempt from regulation under this section.
H.
Signage for Colleges and Schools. Signs located on school property and off-premise signs solely for the benefit of colleges and schools are exempt from regulation under this section.
I.
Real Estate Signs. Signs for the sole purpose of advertising the sale, rental, or lease of real property are exempt from regulation under this section, provided however, that no such sign shall exceed thirty-two square feet in size.
J.
Political Signs. Yard and window signs for the sole purpose of expressing an opinion on any political matter or other issue of public interest are exempt from regulation under this section so long as their location or design does not constitute a hazard to public safety or other public nuisance.
K.
Church Signs. Signs located on property owned or leased by a church are exempt from regulation under this section so long as their location or design does not constitute a hazard to public safety or other public nuisance.
L.
Community Organizations. Signs related to special events and fundraisers for community organizations are exempt from regulation under this section so long as their location or design does not constitute a hazard to public safety or other public nuisance; they are not larger than eighteen inches by twenty-four inches; there are no more than twenty total signs; and the signs are not displayed for longer than thirty consecutive days.
M.
Governmental Signs. Signs which are erected by or under the authority of any governmental entity, whether local, state, or federal shall be exempt from regulation under this section.
N.
Vehicles. Signage or other advertising painted upon vehicles which hold current registration with the department of motor vehicles are exempt from regulation under this section, provided however, that this exemption shall not apply to separate signage which is attached to, or erected upon, any vehicle.
O.
Garage sale or yard sale signs and directional signs to private parties. Garage sale, yard sale, and signs to direct guests to private parties such as graduation ceremonies, birthday parties, anniversary celebrations and the like are exempt from regulation under this section so long as their location or design does not constitute a hazard to public safety or other public nuisance; they are not larger than eighteen inches by twenty-four inches; there are no more than three total signs; and the signs are not displayed for longer than twenty-four hours.
P.
Sandwich Board Signs. Sandwich board signs within the commercial zones of the city are exempt from regulation under this section so long as their location or design does not interfere with pedestrian movement nor constitute a hazard to public safety or other public nuisance.
(Ord. No. 413-2013, § 2, 8-8-2013)
A.
Condition. All signs shall be maintained in good repair, in a safe condition, and shall have a neat appearance. If any sign is in such a condition that any of its materials may become detached and constitute a danger to the public, the sign shall be promptly repaired or those materials shall be removed.
B.
Debris. It shall be the responsibility of the property owner and sign owner to clean up any debris resulting from the failure of a sign.
(Ord. No. 413-2013, § 2, 8-8-2013)
A.
Status. All signs not in conformance with the requirements of this section within six months after the date of adoption of this ordinance shall be deemed non-conforming, except that highway advertising signs shall be brought into compliance within one year of such adoption.
B.
Removal Compensation. The city may order the removal of any non-conforming sign without compensation to the sign owner except as such compensation may be required by state law. The city council may, by resolution, establish compensation and amortization schedules for non-conforming signs, and shall hear any appeals by sign owners of the application of such schedules.
(Ord. No. 413-2013, § 2, 8-8-2013)
A.
Application. The application for a sign permit shall be made on forms provided by the city and shall be accompanied by:
1.
A plot plan showing the location and elevation of the proposed sign and its location on the property or architectural drawings or sketches showing the building elevation and the location of the sign on the building;
2.
An artist's rendering or digital image, in color, of the sign as it would appear on the property;
3.
A narrative description of the sign;
4.
The size of the proposed sign (and any existing signage that will be retained) together with the measurement of the site's street frontage;
5.
A completed environmental assessment questionnaire if required by the city administrator; and
6.
The appropriate sign permit fee.
B.
Notice. With the exception of a sign use permit for a highway advertising sign, no notice is required to be provided by mail or advertising for the issuance of a use permit.
C.
Hearing. Generally no public hearing will be required for the issuance of a sign permit. When, however, the city administrator determines that such a hearing is required by city ordinance or state law, the hearing shall be conducted by the planning commission, which shall receive the staff report and allow the applicant and the public to be heard. No notice need be given for such a hearing, except as required by city ordinance or state law.
D.
Revocation of Permits. The city council may revoke any sign permit upon failure of the permittee to comply with any requirement of this section. Revocation proceedings shall be conducted as detailed in Sections 18.32.140 and 18.32.150 of this code.
E.
Replacement. If a sign fails in such a manner as to constitute a hazard to the public, a sign use permit shall be obtained for its repair or replacement. Pending such repair or replacement, the hazard shall be promptly mitigated by the property or sign owner.
F.
Building Permit Required. In addition to obtaining a sign permit a building permit must be obtained for each sign, whether attached to a building or free standing, and engineered plans and/or wind-load calculations may be required. In addition, the chief building official of the city will require compliance with wind-load provisions and the use of appropriate materials.
G.
Appeals. Any applicant or sign owner may appeal an administrative decision, or that of the planning commission, relating to the application of this section, to the city council, the decision of which shall then be final.
(Ord. No. 413-2013, § 2, 8-8-2013)
Upon recommendation of the city clerk or city administrator, the city council shall by resolution establish fees to be paid by applicants for the city's recovery of its costs to process and issue permits, and to hear appeals under, this section, and fee exemptions for qualified non-profit organizations.
(Ord. No. 413-2013, § 2, 8-8-2013)
A.
Prior to commencing a home occupation a permit shall be obtained from the city. Issuance of such permit shall be based on the signed acceptance by the applicant of the conditions outlined in the criteria for determination of home occupancies.
B.
The following criteria shall be used for the determination of a home occupation:
1.
There shall be no employment of help other than the members of the resident family.
2.
There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby uses.
3.
The use shall not generate pedestrian or vehicular traffic or noise or electronic interference beyond that normal to the zone in which it is located.
4.
There shall be no excessive, unsightly or hazardous storage of materials, supplies, or equipment, indoors or outdoors.
5.
It shall not involve the use of signs or structures other than those permitted in the zone of which it is a part.
6.
Not more than one room in the dwelling shall be employed by the home occupation, nor more than one out-building.
7.
In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as servicing a nonresidential use.
8.
The granting of a permit for home occupations does not exempt the permittee from the state and local regulations regarding the business licenses, sales tax permits and professional restrictions.
(Ord. 276-90 §2, 1990: Ord. 203-78 §1(part), 1978: Ord. 130-74 §2, 1974: Ord. 45-63 §5.24, 1963).
Outdoor advertising structures or signs (fixed or mobile), not pertinent to the use of the land upon which it/they is/are located, are prohibited except those authorized by Section 18.24.230.A.9.
(Ord. No. 393-2009, § 2, 12-10-2009; Ord. 370-2005, § 1, 2005; Ord. 353-2000, § 2, 2001).
An advertising structure or sign is pertinent to the use of the land upon which it is located, and therefore excepted from the prohibition of signs set forth by Section 18.24.250, only if it is devoted exclusively to the following uses:
A.
To advertise the sale or lease of the property on which such advertising structure or sign is placed;
B.
To designate the name of the owner or occupant of the premises upon which property such advertising structure or sign is placed;
C.
To advertise the business conducted or goods made by or produced or services rendered upon such property upon which such advertising structure or sign is placed.
(Ord. 370-2005 §2, 2005: Ord. 225-80 §2, 1981).
Manufactured homes, as defined by Section 18.08.345, are allowed to be placed in a residential zone on individual lots, as follows, and a manufactured home shall:
A.
Be occupied only as a residential use;
B.
Be subject to all of the provisions of the city's zoning ordinances for residential structures;
C.
Be attached to a permanent foundation system as required in the Uniform Building Code for residential structures;
D.
Be covered with an exterior material customarily used on conventional dwellings. The exterior covering material shall extend over the foundation in the same manner as conventional buildings;
E.
Have a roof load design according to the Uniform Building Code;
F.
Have roof pitch of not less than three inches of vertical rise for each twelve inches of horizontal run;
G.
Have a roof covering consisting of materials customarily used for conventional dwellings within the neighborhood in which the manufactured home is proposed to be placed:
H.
Have a plot plan showing the proposed location of the manufactured home on the lot;
I.
Be subject to all of the provisions and ordinances that apply to all other residential buildings;
J.
Be required to have porches and eaves, or roofs with eaves, when it is necessary to make the manufactured home compatible with other dwellings in the neighborhood.
(Ord. No. 454-2019, § 2.B, 6-13-2019)
Editor's note— Ord. No. 454-2019, § 2.B, adopted June 13, 2019, repealed the former § 18.24.270, and enacted a new § 18.24.270 as set out herein. The former § 18.24.270 pertained to mobile homes on single-family lots and derived from Ord. No. 229-81, adopted in 1981.
A building permit shall be obtained for the placement of a manufactured home. Issuance of the building permit shall require that the applicant comply with all of the requirements of the city's building codes and ordinances where they may apply. The manufactured home must have a foundation system consisting of an assembly of materials constructed below the manufactured home, and below grade for frost protection, and not intended to be removed, which system is designed to support the manufactured home structure, and to resist the imposition of external natural forces. The foundation system shall be designed in accordance with the Uniform Building Code and local soil conditions. The foundation shall be designed to withstand sixty-pound snow loads and fifteen-pound wind loads when imposed from the manufactured home.
The manufactured home shall be installed in accordance with the installation instructions provided by:
A.
The manufacturer of the manufactured home; or,
B.
A California licensed architect or engineer, when the manufacturer's instructions are not available or are inapplicable due to the unique conditions of the site.
(Ord. No. 454-2019, § 2.C, 6-13-2019)
No person shall install, either as owner or agent, or employee of the owner, or as an independent contractor for the owner, or otherwise, any dish-type or satellite antenna, any additions thereto or substitution for such antenna, when such antenna exceeds three feet in diameter, unless a use permit is obtained in accordance with the provisions of this title. Any such use permit for the placement of dish-type or satellite antennas shall be conditioned upon the following:
A.
In any residentially zoned district, such antenna shall be treated as an accessory structure and shall comply with height, setback and lot coverage requirements for the zone in which it is located pursuant to regulations set forth in Section 18.24.080. Dish-type or satellite antennas placed within a residential zone shall be substantially screened from view of streets and abutting properties by use of fences, hedges or appropriate plant materials.
B.
Within any C or M district, a site plan shall be submitted showing location for placement of such antenna, in addition to such other information as is required for a use permit. As to each such antenna site, there shall be available property which is not otherwise required for parking or otherwise occupied by structures and improvements upon the property.
C.
A use permit shall not be granted in accordance with the provisions of this section until the administrator shall have held a public hearing on the proposed permit. Notice of the time and place of the hearing shall be given at least ten days before the hearing in the following manner:
1.
The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city, or if there is none, it shall be posted in at least three public places in the city.
2.
The notice of hearing shall additionally be given by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed permit. If the notice is by mail, it shall be given through the U.S. mail, with postage prepaid, using addresses from the last equalized assessment roll, or alternatively, from such other records as may contain more recent addresses in the opinion of the city administrator.
D.
Prior to the approval of the permit in accordance with the provisions of this section, the administrator shall determine whether the installation will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood, or to the general welfare of the city, and the administrator shall consider environmental factors in making such determination. If the administrator finds that the aforementioned conditions will not result from the installation, he may grant the permit. In considering the determination of the aforementioned conditions, the administrator shall consider the following conditions in addition to any other conditions deemed appropriate for consideration:
1.
Visibility of antenna from streets, roads and other rights-of-way;
2.
Visibility of antenna from abutting properties and the neighborhood;
3.
Compatibility of antenna with neighborhood surroundings;
4.
Size, shape, design and layout of antenna;
5.
Availability of other sources of antenna reception;
6.
The general visibility of the antenna.
E.
The restrictions set forth in subsections A, B, C and D of this section shall not be applicable to commercial broadcasting operations except to the extent that any such condition may be imposed by the administrator as a condition for issuance of such permit.
F.
Each and every antenna installed prior to the effective date of the ordinance codified in this chapter shall be deemed to be in conformance with the provisions of this chapter, but only so long as ownership of the parcel upon which the antenna is located shall remain in the possession and ownership of the current holder and owner of such property, or his/her surviving spouse.
G.
The fee for any permit issued in accordance with this chapter shall be fifty dollars to cover publishing and mailing costs as prescribed by subsection (C) of this section.
(Ord. 270-89 §1, 1989; Ord. 243-84 (part), 1986: Ord. 237-83, 1983).
"Self-storage warehouse" means a facility that offers individually secured units for the storage of goods, other than hazardous materials, for rental to the public, each of which is accessible only by the tenant of the individual unit or space.
A.
Business or sale of merchandise shall not be conducted from any self-storage warehouse unit, nor shall the unit be used a habitable space, office, or meeting area, and shall be kept closed and secured at all times other than when items are being moved to or from the unit.
B.
Self-storage warehouse units must be oriented to minimize the view from the public right-of-way. In no case shall the units be placed so as to cover, block, or otherwise impact required parking, or impact circulation and emergency access.
C.
Self-storage warehouse shall be entirely screened with screening walls and/or landscaping. Graffiti shall be removed within twenty-four hours from any storage container or screening.
(Ord. No. 387-2008, § 2, 9-11-2008)
Prefabricated exterior storage containers such as cargo containers or truck trailers are permitted only in zones designated C-1, C-2, C-M or M with a conditional use permit, subject to the following conditions:
A.
Storage containers may be used only for the storage of merchandise, inventory, shelving displays, or other incidental items related to the operation of the business.
B.
Business or sale of merchandise shall not be conducted from the storage container, nor shall the storage container be used as a habitable space, office, or meeting area, and shall be kept closed and secured at all times other than when items are being moved to or from the storage container.
C.
Storage containers must be oriented to minimize their being seen from the public right-of-way. In no case shall storage containers be placed so as to cover, block, or otherwise impact required parking, or impact circulation or emergency access.
D.
Storage containers shall be entirely screened by a solid wall or fence as approved in the use
permit with a minimum height equivalent to the height of the container, or in lieu of such a wall or fence, painted the color of the primary structure as conditioned by the use permit.
E.
Graffiti shall be removed within twenty-four hours from any storage container or screening.
F.
No more than two storage containers with a combined floor area of no more than six hundred forty square feet shall be allowed on any lot or combination of lots constituting a single site. Storage containers shall not exceed a height of ten feet.
G.
Storage container location:
1.
Setbacks for the underlying zone shall apply however a storage container shall be no closer to the front lot line than the front-most wall of the building nearest the front lot line. More restrictive or less restrictive setbacks may be established on a case by case basis in accordance with Weed Municipal Code Section 18.32.050.
2.
Storage containers may be allowed as a temporary use on construction sites in any zone within the city subject to first obtaining a temporary conditional use permit. The planning commission shall determine appropriate siting, time limits, and other conditions as may be necessary to assure minimal impact to adjacent properties. Such temporary use shall be allowed only in conjunction with a valid building permit, and the use shall be terminated prior to issuance of a final occupancy permit. The planning commission shall have the authority to revoke such a temporary permit if the applicant does not comply with the stated conditions or if the applicant is not making adequate progress on construction.
H.
The planning commission may impose conditions on the approval of the use permit after consideration of the size, height, location, and other factors related to the storage container all in accordance with Weed Municipal Code Section 18.32.040.
I.
This section shall not apply to a location with a permitted business actively engaged in transporting cargo containers or truck trailers, provided however, that the container or trailer is on the property only temporarily.
J.
The planning commission, as a condition of a permit hereunder, may require annual or other periodic review.
(Ord. No. 387-2008, § 3, 9-11-2008; Ord. No. 406-2012, 7-12-2012)