Wheatland City Zoning Code
CHAPTER 18
60 REGULATION OF SPECIFIC USES
§ 18.60.010 Accessory buildings.
A.
In any residential zone district, accessory buildings are permitted, subject to all of the following:
1.
Accessory buildings include any buildings that are customarily incidental to a residence and garage including greenhouse, storage shed, studio, pool-house, workshop, detached deck and patio and similar structure that is over eighteen inches in height. Buildings with less than one hundred twenty square feet of roof area that are less than eight feet in height, are not subject to this section.
2.
The number of accessory buildings on any individual lot shall be limited to three.
3.
The combined floor area of accessory buildings on any individual lot shall not exceed one thousand two hundred square feet of floor area.
4.
The maximum height of any accessory building is sixteen feet.
5.
Any accessory building shall have a minimum four-foot separation between the primary residence and/or any other accessory building. Any accessory building shall have a minimum setback of four feet from the side and rear lot lines.
6.
Accessory buildings shall not be considered when calculating the maximum lot coverage allowed.
B.
Accessory buildings may not encroach on any recorded easement.
C.
Garden shelters, greenhouses, storage shelters and covered patios are permitted as accessory buildings and need not meet the requirements for accessory dwelling units if they are not proposed to be used for living quarters.
(Ord. 337 Exh. A, 1991; Ord. 481 § 3, 2021)
§ 18.60.020 Accessory uses.
Accessory uses, as defined in Chapter 18.06, shall be permitted as appurtenant to any permitted use without the necessity of securing a use permit, unless otherwise provided in this title.
(Ord. 337 Exh. A, 1991; Ord. 481 § 3, 2021)
§ 18.60.040 Airports and heliports.
A.
Airports, heliports, and landing strips for aircraft may be permitted, with a use permit, in any agricultural, industrial, or flood zone.
B.
Heliports and helipads may be permitted in commercial zones, or in conjunction with institutional uses, upon issuance of a use permit.
(Ord. 337 Exh. A, 1991)
§ 18.60.050 Amusement centers and kindred activities.
Amusement centers, bowling alleys, dancehalls, and other places of entertainment shall provide parking with ingress and egress designed to minimize traffic congestion, shall not be less than twenty feet away from any property line, and shall be screened in accordance with Section 18.60.130.
(Ord. 337 Exh. A, 1991)
§ 18.60.060 Animals and animal shelters.
Domestic animals may be kept as accessory to any residential use allowed in zones other than an agriculture-exclusive zone (Chapter 18.15) according to the following regulations:
A.
One large domestic animal, plus the animal's non-adult offspring, may be kept on any parcel of not less than one acre. One additional animal may be kept for each one-half acre by which the parcel exceeds one acre. Domestic animals that fall under the large size category are as follows: bovine, equine, llama, or like animals, regardless of size or age.
B.
Up to four medium-sized domestic animals, plus their non-adult offspring, may be kept on any parcel of not less than one acre. One additional animal may be kept for each ten thousand square feet of area by which the parcel exceeds one acre. Domestic animals that fall under the medium-size category are as follows: sheep, goats, swine, and like animals.
C.
Up to four dogs or domestic cats, or a combination of dogs and cats not exceeding four animals in total, may be kept on any parcel that is less than one acre in size. One additional animal may be kept for each ten thousand square feet of area by which the parcel exceeds one acre. Litters of puppies and kittens exceeding the four animal limit may be kept with the mother for a period not to exceed four months. This subsection (C) shall not apply to accessory uses in a residential estates district (Chapter 18.18), two-family residential district (Chapter 18.24) and multifamily residential-limited district (Chapter 18.27).
D.
Up to ten small domestic animals, plus their non-adult offspring, may be kept on any parcel of not less than ten thousand square feet. One additional animal may be kept for each five hundred square feet of area by which the parcel exceeds ten thousand square feet. Domestic animals that fall under the small-size category are as follows: rabbits, poultry, and like animals, regardless of size or age.
E.
One small domestic animal (as defined in subsection D, but excluding roosters, geese and peacocks) may be kept on any parcel of not less than six thousand square feet.
F.
Domestic animals shall not be kept on a parcel in such a manner as to constitute a nuisance to neighboring properties.
(Ord. 337 Exh. A, 1991; Ord. 434 § 3, 2011; Ord. 449 § 4, 2013)
§ 18.60.070 Assemblages.
No circus, cabaret, carnival, rock music concert, open-air or drive-in theater, automobile racetrack, religious revival tent or similar assemblage of people and/or automobiles shall be permitted in any zone unless a use permit is first secured in each case.
(Ord. 337 Exh. A, 1991)
§ 18.60.080 Essential services.
A.
Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories accessory thereto, are permitted in any district subject to first securing a use permit.
B.
Public and private schools are permitted in any district subject to first securing a use permit.
C.
Public parks, playgrounds, and other public recreational uses are permitted in any zone subject to the requirements of the district.
D.
Public utility buildings and facilities are permitted in any zone, subject to first securing a use permit.
(Ord. 337 Exh. A, 1991)
§ 18.60.090 Future width lines.
A.
Future width lines are established and shall apply to those streets designated and shown on the minimum right-of-way standards map of an adopted general plan circulation element prepared in accordance with state guidelines.
B.
The future width lines shall be established so that one-half of the distance shown on the minimum right-of-way standards map shall be on each side of the centerline of original right-of-way, unless a line between two abutting parcels can be accurately identified as the original centerline.
C.
From and after the establishment of any future width line as provided in this section, all yards required by this title shall be measured from the future width line of the front or side line of the lot as otherwise required.
D.
Where no yard is required under the terms of this title, no building shall be altered, erected, expanded, or moved nearer to the front or side line of any lot than the future width line.
(Ord. 337 Exh. A, 1991)
§ 18.60.110 Height limitations and modifications.
A.
Heights of buildings and structures shall be measured as specified in the definition of "building height" in Chapter 18.06.
B.
Accessory buildings in R zones shall not exceed fifteen feet in height.
C.
In the following cases the height limitations established by this title shall not apply:
1.
Church spires, belfries, cupolas and domes, monuments, watertowers, fire and hose towers, distribution and transmission towers, utility lines and poles, street lights, windmills, chimneys, smokestacks, flagpoles, and parapet walls extending not more than four feet above the height limit of the building are exempt from height limitations otherwise established by this title.
2.
Places of public assembly in churches, schools, and other permitted public and semipublic buildings may exceed height limitations otherwise established by this title provided that these are located on the ground floor of such buildings; and provided that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the zoning district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in that particular zoning district.
3.
Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established by this title; provided, that no linear dimension of any such structure exceeds fifty percent of the corresponding street lot line frontage or exceeds the height limit otherwise applicable by more than forty percent.
4.
Towers and monuments, cooling towers, gas storage tanks or other structures, where the manufacturing process requires a greater height; provided that any structure above the height otherwise permitted in the district shall occupy no more than twenty-five percent of the area of the lot and shall be at least twenty feet from every lot line, subject to first securing a use permit.
5.
Radio or television towers, masts, and aerials. Subject to first obtaining a use permit if the height exceeds fifty feet or if it is to be used for commercial purposes.
(Ord. 337 Exh. A, 1991)
§ 18.60.120 Home occupations.
Home occupations, as defined in Chapter 18.06, shall be permitted as appurtenant and accessory uses to any residential use.
(Ord. 337 Exh. A, 1991)
§ 18.60.130 Landscaping and screening.
A.
Purpose. The purpose of landscaping and screening requirements is to set forth standards for plantings and related improvements provided for the purpose of beautifying and enhancing a property and for the control of erosion and the reduction of noise, dust, and glare.
B.
Landscaping. When an area is required to be landscaped under the terms of this title, the requirement may be met by the installation and maintenance, as set forth in subsection D of this section, of a combination of shrubs, trees, vines, lawn or other groundcover, water surfaces, and paved or graveled surfaces; provided, that paved area exclusive of driveways shall not be more than ten percent of the area required to landscaped.
1.
Plant materials shall be selected from among those species and varieties which can be maintained in a growing condition.
2.
Whenever street trees are installed as an element of required landscaping, such street trees shall be selected from a list of acceptable trees meeting the approval of the city (no trees that lift sidewalks and curbs).
C.
Screening. Where required, screening shall consist of a wall, fence, hedge, informal planting, or berm, provided for the purpose of privacy aesthetics or buffering a building or activity from neighboring areas or from the street.
1.
When required, screening may be provided by one or more of the following means:
a.
Masonry wall meeting the standards of the Uniform Building Code, as adopted and amended by the city;
b.
A solid board fence meeting the standards of the building code;
c.
An opaque, trimmed evergreen hedge;
d.
An opaque, informal evergreen screen planting;
e.
An earth berm may be used in combination with any of the above types of screening;
f.
Any other opaque screening acceptable to the planning commission.
2.
Unless otherwise specified, screening required by this title shall be not less than six feet in height, except adjacent to the front yard or street-side side yard of an adjoining lot in an R district such screening shall be not less than thirty inches nor more than forty-two inches in height.
3.
All screening shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot as to substantially hide from adjoining properties the building, facility, or activity required to be screened.
D.
Installation and Maintenance.
1.
All planting shall be maintained in good growing condition. Whenever deemed necessary, the installation of an appropriate automatic irrigation system may be required.
2.
Heights of plant screens or hedges specified in this section indicate the height which may be expected within three years of planting. The height at time of planting shall be such that, in accordance with good landscape practice, the full required height may be achieved within a three-year period. Plants or hedges near driveways or intersections shall be maintained as required in subsection (C)(2) of this section.
3.
Masonry or wood screening walls shall be maintained in good repair including painting, if required, and shall be kept free of litter or advertising.
E.
Model-Water Efficient Landscaping Ordinance. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet, shall comply with the following requirements of the Model Water Efficient Landscaping Ordinance (MWELO):
1.
Sections 492.6(a)(3)(B), (C), (D), and (G), as may be amended, of the MWELO, which require the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a.
For landscape installations, soil amendments shall be incorporated according to recommendations of the soil management report per Section 492.5 of the MWELO and what is appropriate for the plants selected.
b.
For landscape installations, compost at a rate of a minimum of four cubic yards per one thousand square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.
c.
For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
d.
Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
2.
The requirements of this subsection are not an inclusive list of MWELO requirements, therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in this subsection shall consult the full MWELO for all applicable requirements.
3.
Inspections and Investigations.
a.
City representatives and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any project site, collection container or collection vehicle loads to confirm compliance with this section by commercial businesses (including multifamily residential dwellings); property owners; building/demolition/landscaping contractors; or, other entity subject to applicable laws. This subsection does not allow city representatives and/or its designated entity, including designees to enter the interior of a private residential property for inspection.
b.
Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's representative(s) or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper solid waste collection services, proper placement of materials in containers, records, or any other requirement of this subsection. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any inspection or investigation is a violation of this subsection and may result in penalties described.
c.
Any records obtained by the city during its inspections or investigations, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
d.
City representatives, its designated entity, and/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this subsection, subject to applicable laws.
e.
The city shall receive written complaints from persons regarding an entity that may be potentially noncompliant with this subsection, including receipt of anonymous complaints.
4.
Enforcement.
a.
Violation of any provision of this subsection shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this subsection are issuance of an administrative citation and assessment of a fine. The city's procedures on imposition of administrative fines, pursuant to Chapter 1.18 of this code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this subsection and any rule or regulation adopted pursuant to this subsection, except as otherwise indicated in this subsection.
b.
Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
c.
Entity Responsible for Enforcement.
i.
Enforcement pursuant to this subsection may be undertaken by the city enforcement official(s) or their designated entity, legal counsel, or combination thereof.
ii.
City enforcement official(s) will interpret this subsection; determine if violation(s) have occurred; implement enforcement actions; and determine if compliance standards are met.
iii.
City enforcement official(s) may issue notices of violation(s).
d.
Process for Enforcement.
i.
City enforcement official(s) and/or their designee will monitor compliance with this subsection randomly and through compliance reviews, investigation of complaints, and an inspection program.
ii.
The city may issue an official notification to notify regulated entities of its obligations under this subsection.
iii.
The city shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.
iv.
Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to this subsection. Notices shall be sent to the commercial business (including multifamily residential dwellings); property owner; building/demolition/landscaping contractor; or other entity responsible for the violation.
e.
Penalties. Penalties will be assessed as follows:
i.
For a first violation, the amount of the base penalty shall be fifty dollars per violation.
ii.
For a second violation, the amount of the base penalty shall be one hundred dollars per violation.
iii.
For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars per violation.
f.
Compliance Deadline Extension Considerations.
i.
The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
g.
Appeals. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the city's procedures in the city's codes for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.
h.
Education Period for Noncompliance. Beginning on the effective date of this subsection and through December 31, 2023, the city will conduct inspections and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that a commercial business (including multifamily residential dwellings); property owner; building/demolition/landscaping contractor; or, other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this subsection and a notice that compliance is required immediately and that violations may be subject to administrative civil penalties starting on January 1, 2024.
i.
Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that a commercial business (including multifamily residential dwellings); property owner; building/demolition/landscaping contractor; or, other entity is not in compliance with this subsection, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this subsection, as needed.
(Ord. 337 Exh. A, 1991; Ord. 485 § 5, 2022)
§ 18.60.140 Lot area and width.
Lot areas and widths which do not conform to the minimum specifications of the zone in which they are located will be permitted where the lot in question was delineated on a recorded subdivision map or was under one ownership on the effective date of the regulations codified in this title and the owner thereof has not subsequently acquired adjoining property.
(Ord. 337 Exh. A, 1991)
§ 18.60.150 Lots not fronting public ways.
A lot existing at the time the ordinance codified in this title was adopted, that does not have frontage on a public way, yet otherwise conforms to these regulations, may be used provided it was legally created and has at least a twenty-foot-wide easement for ingress and egress to a public way.
(Ord. 337 Exh. A, 1991)
§ 18.60.160 Mobile homes.
Mobile homes or house trailers may be located on individual lots and used for residences or offices only under the following regulations:
A.
Trailer Sales. One mobile home may be used as an office appurtenant and accessory to, and in conjunction with the operation of a mobile home sales area.
B.
Temporary Uses. One mobile home may be permitted, with a special permit issued by the building department, as a temporary office or residence, after obtaining a building permit for the construction of a permanent building of the same use on the same lot, or prior to obtaining such a building permit so long as the permit is obtained within ninety days from installation of the mobile home. Such use of the mobile home shall be limited to six months from the date of issuance of the building permit and shall automatically terminate upon the expiration or voidance of the building permit or the issuance of a certificate of occupancy for the permanent building. The building department may renew such special permit for one additional period of six months if substantial progress has been made in the construction of the permanent building and it is reasonable and probable that the permanent building will be completed within such additional period.
C.
Contractors. Mobile homes may be used, with a use permit, as temporary office by construction contractors; or as temporary living quarters on the construction site for their employees for a single six-month period in any zone.
D.
Mobile Home Parks. Mobile homes may be placed in mobile home parks as regulated by this title and the California Division of Codes and Standards.
(Ord. 337 Exh. A, 1991; Ord. 367 § 3, 1997)
§ 18.60.170 Mobile home parks.
It is the purpose of this section to prescribe standards and regulations for the construction and maintenance of mobile home parks in order that a satisfactory living environment may be secured for those families who live in mobile homes.
A.
A mobile home park may be established subject to the securing of a use permit only in the R-3, R-4, C-1, C-3, and PD districts. Site plan review in accordance with Chapter 18.67 is required of all mobile home parks.
B.
Development Standards and Requirements.
1.
The site shall contain not less than one acre unless it is an expansion of an existing development.
2.
The site shall abut or have approved access from a freeway or an arterial or collector street as designated in the circulation element of the Wheatland general plan.
3.
Water, sewer, electricity, telephone and other necessary utilities shall be available at the site and at each space, or an appropriate performance agreement, in form and a cost amount to be approved by the city engineer, shall be filed with the city clerk prior to final site plan approval to guarantee the installation of such utilities.
4.
The overall design shall fit well into the size and shape of the property and mobile homes shall fit the spaces designed for them.
5.
All structures, improvements, and mobile home spaces shall be built with the least possible disturbance of the land. Desirable natural features and vegetation of the site shall be preserved and incorporated into the site plan.
6.
The private accessways shall be designed to reduce monotony, increase privacy, and provide safety.
7.
Recreation facilities and mobile home spaces shall be designed for the needs of tenants. Those developments intended for adults only shall be designed so they may be adapted to accommodate families with children.
8.
There shall be twenty feet of open space between mobile homes. The width of any common walk between mobile homes shall not be counted as part of this required open space. All annexes or structural additions shall be considered part of the mobile home. This space any be reduced to ten feet provided there are not transparent windows on either of the facing sides.
9.
There shall be at least forty feet between mobile homes on opposite sides of a private accessway.
10.
No mobile home shall be closer than eight feet to any private accessway.
11.
Each mobile home space shall have a private outdoor living space of at least three hundred square feet. The least dimension of this space shall be fifteen feet.
12.
For each occupied mobile home space there shall be a storage locker for yard tools and other bulky items convenient to the space. It shall be at least six feet high with a storage capacity of at least one hundred fifty cubic feet.
13.
All areas not covered by structures or paved surfaces shall be landscaped and maintained in accordance with the provisions of Section 18.60.130.
14.
Screening the perimeter of a mobile home development by a wall or other approved material may be required.
15.
Private accessways, and parking spaces shall be paved in accordance with city standards and specifications.
16.
There shall be a network of pedestrian walks, in addition to private accessways, connecting mobile home spaces with each other and with development facilities.
17.
There shall be a laundry on the premises or contiguous thereto.
18.
There shall be a screened storage yard or yards for boats, recreational vehicles, etc. Such storage yards shall have a minimum of sixty square feet of storage space for each mobile home space in the development and shall be located so as to not detract from surrounding properties. All boats and recreational vehicles shall be parked in the storage yard.
19.
Refuse collection requires approval from the city engineer and the municipal franchise holder. Such approval shall be noted and signed on the reproducible master copy of said site plan.
20.
Each mobile home shall have skirting around its perimeter to screen its wheels, undercarriage, and foundation, or the mobile home shall be placed in an excavation specifically designed to hide the wheels, undercarriage, and foundation from view. Any such excavation shall have provision for drainage, subject to approval by the city engineer.
21.
Street lighting shall be provided to illuminate private accessways and walkways for the safe movement of vehicles and pedestrians at night.
22.
All utilities and the wires of any central television or radio antenna system shall be underground.
23.
Fire protection facilities shall be provided to the satisfaction of the city engineer, the fire district, and the city public works department.
24.
Mobile home developments shall be subject to the requirements of the sanitary code of the Yuba County health department unless such requirements are less restrictive than the requirements of any other applicable ordinance of the city, in which event the requirements of the city ordinances shall prevail.
25.
Expansion or modification of existing mobile home developments shall be in accordance with the provisions of this title, including public hearings for the amendment of the use permit and site plan.
26.
Not less than ten percent of the area of the mobile home development shall be reserved as common open space exclusive of required exterior boundary setback areas.
27.
Not more than fifteen percent of the spaces in any one mobile home development may be developed for recreational vehicles.
C.
Maintenance. Where there is conveyance of fee titles to spaces or lots, the city council may require the formation of a homeowner's association to be responsible for maintenance of common areas.
(Ord. 337 Exh. A, 1991)
§ 18.60.180 Model homes and temporary sales offices.
A use permit may be issued in any district for a model home and/or temporary sales office when located in model homes subject to the following conditions:
A.
Such model home and/or temporary sales offices shall be located in a subdivision which is owned by or held in trust for the subdivision developer proposing to erect the model homes and/or proposing to operate the tract office.
B.
Model homes and/or temporary sales offices shall be permitted for a period not to exceed thirty-six months from the date of issuance of a use permit. Such use permit may be transferred to another model home or temporary sales office within the same subdivision.
C.
The planning commission may grant not more than one conditional use permit to extend the time limit allowed in subsection B of this section for a period of time not to exceed an additional thirty-six months.
D.
The model homes shall be discontinued as model homes and the temporary sales offices shall be removed on or before the termination date set forth in subsection B of this section or upon expiration of the extension granted pursuant to subsection C of this section, or after six months following sale or occupancy of all lots in the subdivision other than the model homes, whichever occurs first.
F.
Temporary sales offices in buildings other than model homes may be permitted subject to securing a use permit and subject to all provisions applying to temporary sales offices in model homes.
(Ord. 337 Exh. A, 1991)
§ 18.60.190 Promotional events.
Promotional events consisting of productions, displays, or exhibitions produced for the purpose of attracting persons to a shopping center shall be permitted when so specified in a use permit. A use permit for a promotional event shall be issued only to a shopping center upon application by its authorized representative who shall attest that the promotional event will comply with the requirements of this section and be in conformance with the application as approved.
A.
Generally.
1.
No participation fee, entrance fee, or contribution shall be requested or required of the public except that fees may be charged for amusement rides or facilities. No more than five rides or amusement facilities shall be allowed, and no such ride or facility shall exceed fifteen feet in height.
2.
No direct light or sound associated with such promotional event shall be visible or broadcast beyond the boundaries of the shopping center.
3.
The number of parking spaces available to the public shall not be reduced below the number required by Chapter 18.63.
4.
Promotional events shall not be conducted between the hours of ten p.m. and nine a.m.
B.
Major and Minor Promotional Events.
1.
A promotional event which requires the use of a percentage of the parking area in excess of two percent shall be considered a major event; a promotional event which requires the use of a percentage of a parking area of two percent or less shall be considered a minor event.
(Ord. 337 Exh. A, 1991)
§ 18.60.200 Public utilities.
A.
Public utility distribution and transmission line towers and poles, and underground facilities for distribution of gas, water, telephone and electricity shall be allowed in all districts without obtaining a use permit therefor; provided, however, that all routes and heights of proposed electric transmission systems of sixty-nine KV and over, telephone main trunk cables, from one central office to another and water or gas transmission mains which are above ground, shall be located in conformance with the general plan of the City of Wheatland and shall be subject to first obtaining a use permit.
B.
Electrical substations, repeater stations, pumping stations or similar public utility uses for servicing local needs, but not including corporation or storage yards, may be allowed in any district, if their location and plans are first approved by the planning commission through the issuance of a use permit.
(Ord. 337 Exh. A, 1991)
§ 18.60.210 Public utility buildings and uses.
(Reserved)
(Ord. 337 Exh. A, 1991)
§ 18.60.220 Public uses.
(Reserved)
(Ord. 337 Exh. A, 1991)
§ 18.60.230 Recreational vehicle parks.
A.
Required. Every occupied recreational vehicle shall be located in a recreational vehicle park in accordance with the provisions of this title.
B.
Establishment. A recreational vehicle park may be established subject to the securing of a use permit only in the C-3 zone. Site plan review in accordance with Chapter 18.67 is required for all recreational vehicle parks.
C.
Standards and Requirements.
1.
The density of spaces in any recreational vehicle park shall not exceed twenty spaces per gross acre.
2.
Sites with irregular terrain such as gullies, ridges, and other areas having a natural grade over six percent shall not be developed for recreational vehicle use.
3.
Recreational vehicle parks shall abut, and access shall be from an arterial street as designated on the City of Wheatland circulation element.
4.
Water, sewers, electricity, and other necessary utilities shall be available at the site and each space, or an appropriate performance agreement in form and cost amount to be approved by the city engineer shall be filed with the city clerk prior to final site plan approval to guarantee the installation of such utilities underground.
5.
All structures, improvements, and recreational vehicle spaces are to be built with the least possible disturbance of the land. Desirable natural features and vegetation of the site shall be preserved and incorporated into the site plan.
6.
There shall be fourteen feet of open space between recreational vehicles.
7.
No structure shall exceed two stories or thirty feet in height.
8.
All areas not covered by structures or pavement shall be landscaped and maintained in accordance with the provisions of Section 18.60.130.
9.
Screening the perimeter of a recreational vehicle park by a wall, vegetation or other approved material may be required. All sides of a recreational vehicle park which are adjacent to a residential district shall have a wall at least six feet in height and shall have an approved landscaped area of at least ten feet in width between such residential property line and the required wall.
10.
Private accessways and individual space arrangements shall be designed to accommodate the frequent movement of recreational vehicles.
11.
Private accessways and parking spaces shall be paved in accordance with city standards and specifications.
12.
There shall be a recreational area for guests comprising four percent of the gross site area. This shall not include required setbacks or similar areas not usable for recreation activities.
13.
There shall be a community building or buildings which shall provide for the recreational service needs of occupants of the recreational vehicle park. It shall include restrooms and a laundry. The community building or buildings may be included as part of the required recreational area.
14.
Provision and location of refuse collection shall be approved by both the city engineer and the municipal franchise holder. Such approval to be noted and signed on the reproducible master copy of the site plan.
15.
Street lighting shall be provided to illuminate interior roadways and walkways for the safe movement of vehicles and pedestrians at night.
16.
All utilities and the wires of any central television or radio antenna system shall be underground.
17.
Fire protection facilities shall be provided to the satisfaction of the city engineer, the Wheatland fire district, and the city public works department.
18.
A means for emptying sewage holding tanks must be provided as approved by the department of public works and the Yuba County health department.
19.
Recreational vehicle parks shall be subject to the requirements of the sanitary code of the Yuba County health department unless such requirements are less restrictive than the requirements of any other applicable ordinance of the city, in which event the requirements of the city ordinances shall prevail.
20.
Expansion or modification of existing recreational vehicle parks shall be in accordance with the provisions of this title including public hearings for the amendment of the site plan.
(Ord. 337 Exh. A, 1991)
§ 18.60.240 Removal of natural materials.
A.
Grading. Building site grading and land leveling directly related to the on-site construction of buildings, structures, landscaping and screening, or underground facilities and utilities, shall be in accordance with the city's development standards.
(Ord. 337 Exh. A, 1991)
§ 18.60.250 Sales and boarding of animals.
A.
Sales and boarding establishments for dogs and cats shall be located not less than one hundred feet from the property line of any residentially zoned property, and shall be subject to securing a use permit in each case.
B.
Commercial stables shall be located not less than two hundred feet from the property line of any residential property, and shall be subject to securing a use permit in each case.
(Ord. 337 Exh. A, 1991)
§ 18.60.260 Sand, gravel, and quarry operations.
A.
General. The planning commission may grant a use permit in any A-E, or M-2 zone, for sand and gravel and other mineral extraction, necessary processing and storage ancillary to extraction, and asphaltic and concrete mixing plants. Each of these activities are subject to the conditions listed in this section.
B.
Site Plan Review. Site plan review is required for all mineral extraction uses, in accordance with Chapter 18.67. In addition, the site plan shall show proposals for restoration or redevelopment of the site including a proposed redevelopment schedule. A security instrument such as a performance bond may be required to guarantee site restoration. Twelve months prior to expiration of the use permit or the abandonment of the use, the applicant shall submit a revised site plan showing final proposals for the redevelopment of the site.
C.
Standards. The following standards shall be complied with:
1.
There shall be a minimum site size of five acres for any extractive operation.
2.
No building or structure other than conveyor belts or tubes shall be closer to a dwelling unit than five hundred feet.
3.
No part of any excavation shall be closer to the boundary of the site than fifty feet.
4.
All operations including excavation and processing, and all interior drives and any roads connecting the site to the nearest collector or arterial street, shall be maintained by the applicant so as to prevent dust emission beyond the boundaries of the site.
5.
That portion of the site actually being used for operations at any particular period shall be enclosed by a fence at least six feet in height and constructed to prevent uninvited access to the operations of the site.
D.
Owner's Reuse. The property owner shall be responsible for preparing the site for reuse upon expiration or abandonment of the use permit. All stockpiles shall be removed from the site within one year from the date of expiration or abandonment. The excavated areas shall be prepared for reuse in accordance with the approved site plan.
E.
Policy Statement. When the planning commission is reviewing a site plan, the following policy points shall be evaluated when considering whether or not to grant such a use permit:
1.
The length of time to be spent in working the site according to estimates submitted by the applicant and/or the city engineer;
2.
The amount of landscaping and screening necessary to adequately buffer adjacent uses and streets from adverse visual impacts;
3.
The feasibility of restoring the premises in the manner shown on the site plan;
4.
Noise impact on other land uses;
5.
Impact on city street maintenance;
6.
Dust;
7.
Traffic;
8.
Other environmental factors.
F.
Intermittent Operations. Intermittent operations with periods of inactivity not to exceed two years shall be permitted and shall not be deemed an abandonment of the use permit.
(Ord. 337 Exh. A, 1991)
§ 18.60.270 Satellite dishes.
Satellite dish-type receiving antennas shall be screened from public view, and shall not be located in any front yard.
(Ord. 337 Exh. A, 1991)
§ 18.60.280 Schools, nurseries, and day care centers.
Schools, nursery schools and day care centers for more than five children are permitted in any district subject to first securing a use permit. For nursery schools and day care centers, an opaque fence or wall not less than six feet high, shall be maintained around any play area abutting a residential district. A nursery school for more than five children shall not be located on any lot of less than ten thousand square feet in area and shall not be so located as to cause excessive traffic on local/minor residential streets.
(Ord. 337 Exh. A, 1991)
§ 18.60.290 Service stations.
When service stations are conditional uses, they shall conform to the following regulations:
A.
Site Area, Layout, and Setbacks.
1.
Minimum site area shall be twelve thousand square feet.
2.
Site layout shall be arranged to meet on-site maneuvering needs and to ensure safe movement of vehicles and pedestrians and around the site.
3.
Driveways shall be designed to ensure safe and efficient operation and so located that traffic may move on and off the site from and to the curb traffic lane.
4.
Buildings shall be not less than twenty-five feet from any street line nor less that ten feet from any other property line. Canopies shall not be considered part of the building and may extend to within three feet of a street right-of-way line. Gas pumps shall be not less than twenty-five feet from the property line of any lot in a residential district, nor less than fifteen feet from any other property line.
5.
There shall be no visual obstruction except sign poles no more than twelve inches in diameter within seventeen feet of the intersection of the most proximate street right-of-way lines, above two feet and below eight feet from the finished grade.
B.
Site Development, Landscaping and Screening.
1.
All areas other than planting areas shall be paved with a minimum of two inches of asphaltic concrete.
2.
Lighting shall be directed on to the subject property and so located and designed that the light source is directed away from adjacent properties. No lighting fixture shall be allowed higher than twenty feet above finished grade.
3.
All hoists, pits, and wheel alignment racks shall be located within a fully enclosed structure.
4.
Planter areas shall comprise a minimum of five percent of the gross site area. Said landscaping shall be located so as not to obstruct necessary sight distances and traffic flow, so as to offer adjacent residential properties a degree of visual and audio screening and shall conform to the standards of Section 18.60.130.
5.
Fences, walls, or screening shall be required adjacent to contiguous residential property lines and other locations as determined necessary to screen, buffer, protect, or beautify. Materials, textures, colors, and design shall be compatible with the on-site development, the adjacent properties, and the neighborhood, and shall conform to the standards of Section 18.60.130.
C.
Miscellaneous Provisions.
1.
Vacant service stations or any automobile service stations which for one hundred eighty consecutive days have been vacant or not operated for the servicing of motor vehicles owned and operated by the general motoring public shall not be reopened for any purpose until such service station has complied with all of the requirements of this title except the provisions of subsection A of this section.
(Ord. 337 Exh. A, 1991)
§ 18.60.300 Corner lots-Sight distance.
In any residential district on a corner lot, there shall be no fence, wall, or hedge higher than three feet, nor any obstruction to vision other than a post, column, or tree not exceeding one foot in diameter, between a height of three feet and a height of ten feet above the established grade of either street, within an area thirty-three feet from the intersection of the street lot lines.
(Ord. 337 Exh. A, 1991)
§ 18.60.310 Social halls, lodges, churches, and kindred places.
A.
Buildings erected for use as clubs, community buildings, churches, social halls, lodges or fraternal organizations shall conform the yard requirements of the district in which they are situated or shall maintain such greater yard dimensions as may be required as a condition of a use permit.
B.
Such uses if not already listed as a permitted use are allowed in any district subject to first securing a use permit in each case, and may be permitted only where access can be provided without causing undue traffic on local/minor residential streets.
C.
Incidental commercial activities restricted to members may be permitted provided they are contained within the building and there is no external evidence of such activity.
D.
Temporary commercial uses may be permitted outside the building as follows:
(Ord. 337 Exh. A, 1991)
§ 18.60.320 Swimming pools.
Any pool, pond, lake or open tank, not completely enclosed within a building, which is more than eighteen inches deep or more at any point and in which swimming or bathing is permitted to the occupants of the premises on which it is located, or their guests, and which is not used for commercial purposes, shall be permitted in any zone and shall be subject to the following regulations:
A.
Such pool shall be located on the rear one half of the lot and in any case not less than fifty feet from the front lot line and not less than three feet of any side and rear lot line. Such pool shall be located not less than five feet of any building. Notwithstanding, additional engineering studies may be required at the discretion of the city building department for review and approval by the city building official per the California Building Code regarding swimming pools. Filter and heating systems shall not be located within five feet of any lot line.
B.
Ground coverage by a swimming pool shall not exceed forty percent of the rear yard required of the lot on which it stands. Ground coverage by a swimming pool shall not be included in computing maximum ground coverage allotted to buildings on the lot.
C.
Such pool or the property on which it is located shall be completely enclosed by a wall or fence not less than five feet (sixty inches) in height, containing no openings greater than four inches except for self-closing and self-latching gates on which the latch is at least five feet (sixty inches) above ground level, in order that full control of access by children may be maintained.
(Ord. 337 Exh. A, 1991; Ord. 458 § 3, 2016)
§ 18.60.330 Veterinary hospitals.
Veterinary hospitals shall be located no closer than one hundred feet to any residential district or restaurant or motel in any district, and shall establish adequate measures and controls to prevent offensive noise and odor.
(Ord. 337 Exh. A, 1991)
§ 18.60.340 Veterinary offices.
Veterinary offices shall be so constructed and operated as to eliminate any evidence outside of the walls of the office itself of objectionable noise or odors. There shall be no boarding of animals except the keeping of animals for short periods for observation or incidental to care. Care shall be provided only for small animals which shall mean the usual household pets and other animals of a similar size and nature. The term "small animals" shall not, for the purpose of this section, include sheep, goats, or other livestock.
(Ord. 337 Exh. A, 1991)
§ 18.60.350 Yards.
B.
Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half feet into such yards. Uncovered porches or stairways, fire escapes or landings may extend a maximum of six feet into front or rear yards and three feet into side yards.
C.
If any building is so located on a lot that the front or rear thereof faces any side lot line, it shall be at least ten feet from such side lot line.
D.
Any dwelling located in a C or M zone, except a dwelling over a commercial establishment, shall provide side and rear yards as required in R-3 zones.
(Ord. 337 Exh. A, 1991; Ord. 481 § 3, 2021)