HomeMy WebLinkAboutOrdinance 646nn
ORDINANCE NO. 646
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING TITLE 9 PLANNING &
ZONING, SECTION 9-2.112 PERMIT TIME LIMITS, SECTION 9-3.230
AGRICULTURE AND RESIDENTIAL DISTRICT ALLOWABLE LAND
USES, SECTION 9-3.262 PROPERTY DEVELOPMENT STANDARDS -
RMF, SECTION 9-3.330 NONRESIDENTIAL DISTRICT ALLOWABLE
LAND USES, SECTION 9-3.331 MIXED USE RESIDENTIAL DENSITY,
SECTION 9-3.430 PUBLIC DISTRICTS ALLOWABLE LAND USES,
SECTION 9-3.500 DEFINITIONS, SECTION 9-4.107 SIDE SETBACKS,
SECTION 9-4.112 MEASUREMENT OF HEIGHT, SECTION 9-4.113
HEIGHT LIMITATIONS, SECTION 9-4.128 FENCING AND SCREENING,
SECTION 9-6.103 ACCESSORY STORAGE, SECTION 9-6.105 HOME
OCCUPATIONS, SECTION 9-6.106 RESIDENTIAL ACCESSORY USES,
SECTION 9-6.112 FARM ANIMAL RAISING, SECTION 9-6.113 INTERIM
AGRICULTURAL USES, SECTION 9-9.102 GENERAL DEFINITIONS, AND
DETERMINING THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
OEM (ZCH21-0004)
WHEREAS, an application has been received from the City of Atascadero
(6500 Palma Ave., Atascadero, CA 93422), to consider Zone Change Text Amendments to
Title 9 Zoning Ordinance, (ZCH21-0004); and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact amendments to Title 9 Planning and Zoning of the Atascadero Municipal Code for
consistency with the General Plan and to maintain a clear and legible set of Zoning Regulations
that is easily interpreted by the public and staff, and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and
Zoning Text Change application was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and
Zoning Text Amendments; and
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held
on May 4, 2021, studied and considered said amendments; and
WHEREAS, the Planning Commission of the City of Atascadero has recommended
approval of proposed amendments to Title 9 Zoning Ordinance, of the Atascadero Municipal Code
go" as presented to them on May 4, 2021; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
City of Atascadero
Ordinance No. 646
Page 2 of 4
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Text
Change application was held by the City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
May 25, 2021, studied the Planning Commission's recommendation and considered the proposed
zoning text amendments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular
session assembled on May 25, 2021, resolved to introduce for first reading, by title only, an
Ordinance that would amend the City Zoning Code Text as shown in Exhibit A, attached hereto and
incorporated herein by this reference.
SECTION 3. Facts and findings. The City Council makes the following findings,
determinations and approvals with respect to the Zone Text Amendment:
A. Findings for Approval of a Zone Text Change
FINDING: (i) The Planning and Zoning Text Change is consistent with General Plan
policies and all other applicable ordinances and policies of the City.
FACT: The proposed zone text amendments align the code requirements with the
vision, intent, and policies of the adopted General Plan.
FINDING: (ii) This amendment of the Zoning Ordinance will provide for the orderly
and efficient use of lands where such development standards are applicable.
FACT: The proposed text amendment provides for orderly development within the
commercial zoning districts in accordance with the adopted General Plan and will allow
for the orderly use of residential land for the raising of farm animals associated with
youth projects.
FINDING: (iii) The Text Change will not, in itself, result in significant environmental
impacts.
FACT: The proposed text changes are minor and do not trigger any environmental
impacts.
r"
SECTION 4. Approval. Atascadero Municipal Code Title 9 Planning & Zoning is
amended as detailed in Exhibit A, attached hereto and incorporated herein by this reference. 7
City of Atascadero
Ordinance No. 646
Page 3 of 4
SECTION 5. CEOA. This Ordinance is exempt from the California Environmental Quality
Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that
there is no possibility that the enactment of this Ordinance would have a significant effect on the
environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3).
SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this
Ordinance be interpreted or implemented by the City and others in a manner that facilitates the
purposes set forth in this Ordinance.
SECTION 7. Preservation. Repeal of any provision of the AMC or ot-any previous Gede
Sections, does not affect any penalty, forfeiture, or liability incurred before, or pre&de
prosecution and imposition of penalties for any violation occurring before this Ordinance's
effective date. Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other City
Ordinance by this Ordinance will be rendered void and cause such previous AMC provision or
other City Ordinance to remain in full force and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not affect
the effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 10. Certification. The City Clerk is directed to certify the passage and adoption
of this Ordinance, cause it to be entered into the City of Atascadero's book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15) days
after the passage and adoption of this Ordinance, cause it to be published or posted in accordance
with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
SECTION 11. Annroval. Atascadero Municipal Code Title 9 Zoning Regulations is
amended as detailed in Exhibit A, attached hereto and incorporated herein by this reference.
City of Atascadero
Ordinance No. 646
Page 4 of 4
INTRODUCED at a regular meeting of the City Council held on May 25, 2021 and PASSED, ^
APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California,
on September 14, 2021.
CITY OF ATASCADERO, CA
Heathe oreno, Mayor
ATTEST-
Lt/j . hri + C y Clerk
APP�E� �O FORM:
Brian A. Pierik, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
CITY OF ATASCADERO )
I, LARA K. CHRISTENSEN, City Clerk of the City of Atascadero, DO
HEREBY CERTIFY that Ordinance No. 646 was duly introduced at a regular
meeting held May 25, 2021 and adopted at a regular meeting of the City Council
held on the 8th day of June 2021. Due to a misprint on the Ordinance, as
adopted on June 8, 2021, Ordinance 646 was brought back before the City
Council for adoption on the 14th day of September 2021 by the following roll call
vote. to wit:
AYES: Council Members Bourbeau, Dariz, Funk, Newsom and Mayor Moreno
NOES: None
ABSENT: None
LAR K. CHRIS , CITY CLERK
I hereby certify that the foregoing is the original of Ordinance No. 646 duly
passed and adopted by the Atascadero City Council at their regular meeting held
on September 14, 2021 and that summaries of the Ordinance were first
published on May 27, 2021 and June 10, 2021, and then again on September 2,
2021 and September 23, 2021 in the Atascadero News newspaper.
EXHIBIT A
9-2.112 Permit time limits.
(a) An approved plot plan is valid for the time limits established by Title 8 governing building
permits. An approved precise plan or conditional use permit, when not part of a planned development
with an approved corresponding tentative map, is valid for twenty-four (24) months after its effective
date, unless otherwise provided by adopted conditions. At the end of the twenty-four (24) months the
approval shall expire and become null and void unless:
(1) Building permits have been applied for and have not expired;
(2) The project is completed (Section 9-2.114);
(3) An extension has been granted (Section 9-2.117); or
(4) A building moratorium is imposed on the project site.
(b) If a conditional use permit has been approved as part of a planned development with a
corresponding tentative map, the life of the conditional use permit shall run with the map and shall only
expire if the map expires. Time extensions for the map shall also extend the time of the corresponding
conditional use permit. Conditional use permits which correspond with a tentative map shall remain
active and shall not expire once the map is recorded. This provision shall apply retroactively and, as a
result, any conditional use permit which expired prior to the effective date of the ordinance codified in
this section, but which was approved as part of a planned development with a corresponding tentative
map that is still active, shall no longer be considered expired but shall instead be deemed active and
n subject to expiration only if and when the corresponding map expires without having been recorded.
(c) Endorsement or approval by the Design Review Committee shall be valid for a period of 12 -
months, unless otherwise provided by adopted conditions. At the end of the 12 -months,
the endorsement/approval shall expire and become null and void unless:
(1) A complete construction permit for the majority of the development has been applied for and
has not expired;
(2) The project is completed (Section 9-2.114);
(3) An extension has been granted consistent with the following:
(i) The Planning Director may grant two (2) six (6) month extensions. Additional exceptions may
be granted by the Design Review Committee.
(ii) An extension shall be requested in writing on or before the date of expiration of the
approval/endorsement.
(iii) The following findings shall be made to grant an extension:
a. There have been no changes to the provisions of the General Plan or zoning regulations
applicable to the project since the approval endorsement of the project; and
b. There have been no changes in the character of the site or its surroundings which affect how
the standards of the General Plan or zoning regulations apply to the project.
(d) Nothing in this title shall be construed as affecting any time limits established by Title 8 of this
code regarding work authorized by a building permit or other construction permit issued pursuant to Title
8, or time limits relating to the expiration of such permit.
9-3.230 Agriculture and residential district allowable land uses.
mom
Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and residential
district, and the planning permit required to establish each use, in compliance with Section 9-1 and
Section 9-2 of this code. Where the last column in the tables ("Specific Use Regulations") includes a
section number, the regulations in the referenced section apply to the use. Provisions in other sections of
this article may also apply.
Table 3-1 — Agriculture and Residential Land Uses
Allowed Land Uses and Permit Requirements
Agriculture/Residential
Zones
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
CUP Conditional Use Permit Required
❑ Not Permitted
Permitted Uses By Zone
Special Use
Regulation(s)
A
RS
RSF
LSF
RMF
Natural Resources and Processing
Resource Extraction
CUP
CUP
9-6.147-
9.6-161
Residential Uses
Multifamily Housing
A
9-3.175
Manufactured Home/Mobile
Home
A
A
A
A
A
9-6.143
Mobile Home Parks
CUP
CUP
CUP
CUP
9-6.142,
9-6.143
Organizational Houses
CUP
CUP
CUP
CUP
9-3.175
Residential Accessory Uses
A
A
A
A
9-6.106
Single -Family Dwelling
A
A
A
A
9-6.143,
9-6.184
Secondary Residential Units
A
A
A
9.5
Temporary Dwelling
A
A
A
A
9-6.175
Recreation, Education, and Public Assembly
Churches and Related
Activities
CUP
CUP
CUP
CUP
9-6.121
Parks and Playgrounds
AUP
AUP
AUP
AUP
Schools
CUP
CUP
CUP
CUP
9-6.125
Schools — Business and
Vocational
CUP
CUP
CUP
CUP
9-6.125
Temporary Events
A
A
A
A
A
9-6.177
Tourism, Lodging, and Dining
Bed and Breakfast
CUP
CUP
CUP
CUP
Services -Professional
Day Care — Small Family
Day Care Home
A
A
A
A
9-6.125
0=1
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Zoning Districts Abbreviations
A — Agriculture
LSF — Limited Single -Family Residential
RS — Residential Suburban RMF — Residential Multifamily
RSF — Residential Single -Family Residential
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
Agriculture/Residential
CUP Conditional Use Permit Required
Zones
❑ Not Permitted
Permitted Uses By Zone
Special Use
A
RS
RSF
LSF
RMF
Regulation(s)
Day Care — Large Family
CUP
CUP
CUP
CUP
9-6.125
Day Care/Child Care Center
Kennels
CUP
CUP
9-6.111
Medical Extended Care
A
A
A
CUP
9-6.134
Services, 6 Clients or Less
Medical Extended Care
CUP
CUP
CUP
CUP
9-6.134
Services, 7 Clients or More
Residential Care, 6 Clients or
A
A
A
A
9-6.135
Less
Residential Care, 7 Clients or
CUP
CUP
CUP
CUP
9-6.135
More
RCFE—Assisted Living, 6
A
A
A
A
9-6.135
Clients or Less
RCFE—Assisted Living, 7
CUP
CUP
CUP
CUP
9-6.135
Clients or More
RCFE — Independent Living
CUP
Center/Senior Apartments
RCFE — Retirement Hotel
CUP
Transportation, Infrastructure and Communication
Pipelines Utility
CUP
CUP
CUP
CIDP
CUP
Infrastructure
Utility Transmission
A
A
A
A
A
Facilities
Wireless Communication
CUP
CUP
CUP
CUP
CUP
Facilities
Zoning Districts Abbreviations
A — Agriculture
LSF — Limited Single -Family Residential
RS — Residential Suburban RMF — Residential Multifamily
RSF — Residential Single -Family Residential
9-3.262 Property development standards—RMF.
In addition to the standards specified in Chapter 4 of this title, General Site Design and Development
Standards, the following development standards shall apply to mobile home and multiple -family
residential projects:
(a) Percent Coverage. The maximum percent of a lot that may be covered by structures (excluding
decks less than thirty (30) inches from the ground) shall be forty percent (40%) for low density multiple -
family projects and fifty percent (50%) for high density multiple -family projects.
(b) Enclosed Storage. Each dwelling unit shall be provided a minimum of one hundred (100) cubic
feet of enclosed storage space, exclusive of closets, which may be located in either a principal or
accessory building.
(c) Outdoor Recreation Areas. For developments of four (4) to seven (7) dwelling units, outdoor
recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This open
space may be provided either as: (1) a private amenity designed for exclusive use of a dwelling unit; or
(2) as common open space provided that no individual open space is less than one thousand (1,000)
square feet. For developments of eight (8) or more dwelling units, outdoor recreational open space shall
be provided at a ratio of three hundred (300) square feet per unit. This common open space may be
provided in more than one (1) location provided that no individual open space area is less than one
thousand (1,000) square feet.
(d) Screening Wall. A solid wall or fence not less than six (6) feet in height shall be placed and
maintained on interior lot lines abutting property zoned for single-family residential use.
(e) Laundry Facilities. Laundry facilities shall be provided in the form of either: (1) laundry hook-
ups within each individual dwelling unit; or (2) a shared laundry facility equipped with washers and
dryers.
(f) Appearance Review. All projects shall be consistent with the multifamily design and landscape
requirements of the Appearance Review Manual.
(g) Maintenance Requirement. A maintenance agreement for all landscaping, building exteriors,
accessory structures, parking areas and other common facilities shall be approved by the Community
Development Director and City Attorney prior to final occupancy.
(h) RMF -24 properties identified in Appendix 1, Table V45 (Vacant Residential Parcels RMF -
20), of the General Plan Housing Element shall be permitted "by right" and will not be subject to
conditional use permit or specific plan. Proposed planned development projects or other relief from
property development standards on these parcels shall be subject to discretionary review per the
requirements of the Municipal Code.
9-3.330 Nonresidential district allowable land uses.
Table 3-2 identifies the uses of land allowed by this Zoning Code in each nonresidential district, and
the planning permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code.
Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations
in the referenced section apply to the use. Provisions in other sections of this article may also apply.
PMR
.^
L7
Table 3-2 — Nonresidential Use Table
Allowed Land Uses and Permit Requirements
A Allowed Use, Zoning Clcarance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
❑ Not Permitted
Permitted Uses By Zones
Special
Regulation(s
CN
CP
CR
CS
CT
CPK
DC
DO
IP
I
)
Accessory Storage
CUP
CUP
A°
CUP °
A^
A^
A"
9-6.103
4
Adult Day Care
A
A
A
CU[I
Facility
Adult Oriented
A
A
4
A
9-16
Business
Age Restricted
CUP
Housing
Agricultural
A
A
A
A
9-6.117
Produce Stands
Amusement
A
A
A
A
A
A
Services
Animal Hospitals
CUP
CUP
A
CUP
9-6.110
�
Artisan Foods and
A
A
A
AS
A
A
Products
ATM
A
A
A
A
A
A
A
A
A
A
Auto Dealers (New
and Used) and
CUP
CUP
CUP
CUP
CUP
9-6.163
Supplies
Auto Repair and
CUP
A
A
CUP
A
A
9-6.168
Services
Bar/Tavern
CUP
CUP
CUP
A
Bed and Breakfast
CUP
CUP
CUP
CUP
Brewery —
CUP
CUP
A
A
Production
Broadcast Studios
A
A
Building Materials
and Hardware w/
CUP
CUP
CUP
CUP
CUP
CUP
9-6.165
outdoor sales or
n
I__j
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
❑ Not Permitted
Permitted Uses By Zones
Special
Regulation(s
CN
CP
CR
CS
CT
CPK
DC
DO
IP
1
)
storage area 10,000
sf or greater
Building Materials
and Hardware w/
outdoor sales or
A
A
A
A
A
A
9-6.165
storage area less
than 10,000 sf
Business Support
A
A
A
A
A
A
A
A
Services
Caretaker's
Residence/
CUP
CUP
CUP
Employee Unit
Childcare Center
A
A
A
CUP
9-6.125
Churches and
CUP
CUP
9-6.121
Related Activities
Collection Stations
A^
A°
A^
A°
A°
A^
A°
A°
9-6.130
Contract
Construction
A
A
A
A
Services (Indoor)
Contract
Construction
CUP
CUP
CUP
Services (Outdoor)
Data and Computer
AUP
AUP
CUP
A
A
Services Center
Day Care
Drive -Through
COP
CUP
CUP
CUP
CIIY
CUP
9-4.122
Sales or Services
Eating and Drinking
A
A
A
A
A
A
A
A
A
A
Places
Farm Equipment
and Supplies w/
outdoor storage or
CUP
CUP
CUP
CUP
ll -1'
sales area 10,000 sf
or greater
n
I__j
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
❑ Not Permitted
Permitted Uses By Zones
Special
Regulation(s
CN
CP
CR
CS
CT
CPK
DC
DO
IP
1
)
Farm Equipment
and Supplies w/
outdoor storage or
A
A
A
sales area less than
10,000 sf
Farmers' Market
CUP
CUP
CUP
CUP
CUP
A
A
Financial Services
A
A
A
A
A
A
CUP
A
and Banks
Fuel Dealer
A°
CUP
A°
A^
9-6.129
General Retail
A°
A°
A°
A°
A°
A°
A°
General Retail
Greater than 50,000
CUP
CUP
CUP
CUP
CUP
CUP
CUP
sf
Government Offices
CUP
A
A
A
A
A
A
A
A
A
and Facilities
9
Health Care
CUP
A
A
A
CUP
A
A
Services
Horticultural
Specialties w/
outdoor storage or
CUP
CUP
CUP
CUP
CUP
CUP
CUP
9-6.116
sales area 10,000 sf
or greater
Horticultural
Specialties w/
outdoor sales or
A
A
A
A
A
9-6.116
storage area less
than 10,000 sf
Hotels, Motels
CUP
A
A
A
CUP
Indoor Recreation
CUP
CUP
CUP
A
A
CUP
CUP
CUP
Services
Kennels
CUP
A
9-6.111
Large Family Day
CUP
CUPs
9-6.125
C
Care
s
Large Scale Ag
CUP
CUP
A
9-6.103
Manufacturing
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
❑ Not Permitted
Permitted Uses By Zones
Special
Regulation(s
CN
CP
CR
CS
CT
CPK
DC
DO
IP
1
)
Laundries and Dry
A
A
A
A
Cleaning Plants
Laundromat/Coin-
CUP
CUP
CUP
CUP
CUP
CUP
A
A
Operated Laundry
Libraries, Museums
A
A
A
A
A
A
Live/Work Unit
A'
Manufacturing and
Processing — High
CUP
CUP
AUP
AUP
Intensity4
Manufacturing and
Processing - Low
CUP
CUP
A
A
A
A
Intensity
Medical Extended
Care Services: 6
CUP
CUP
CUP
CUP
CUP
CUP
9-6.134
Residents or Less
Medical Extended
Care
Services: I Resident
CUP
9-6.134
s or More
Medical Research
CUP
A
A
CUP
A
A
Membership
A
A
CUP
CUP
Organizations
Microbrewery —
A
CUP
A
A
A
A
A
A
A
A
Brewpub
Mini -Storage
CUP
CUP
A
A
Mobile Eating and
A
A
A
A
A
A
A
A
Drinking Vendorsb
Mortuary Services
A
A
A
A
Multifamily
CUP
CUP
CUP
CUP,
A'
Al
Dwelling
z
z
z
Offices
CUP
A
A
A
A
A
A
A
9
Outdoor Recreation
CUP
CUP
A
9-6.123
Services
PER
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
❑ Not Permitted
Permitted Uses By Zones
Special
Regulation(s
CN
CP
CR
CS
CT
CPK
DC
DO
IP
1
)
Parking Lots
AUP
AUP
ALP
AUP
AUP
AUP
ALP
AUP
AUP
AUP
Parks and
A
A
Playgrounds
Personal Service
A
CUP
CUP
Restricted
Personal Services
A
A
A
A
A
CUP
A
Printing and
CUP
CUP
A^
A°
A°
Publishing
Public Assembly
CUP
CUP
A
CUP
CUP
and Entertainment
RCFE — Assisted
CUP
9-6.135
Living
RCFE—
Independent
CUP
CUP
CUP
`I -b. 13
Living/Senior
Apartments
RCFE — Retirement
CUP
CUP
CUP
9-6.135
Hotel
Recreational
A
9-6.180
Vehicle Parks
Recycling and Scrap
CUP
CUP
9-6.131
Recycling Centers
CUP
CUP
9-6.132
Research and
CUP
A
A
CUP
A
A
A
Development
Residential Care: 6
A'
Az
9-6.135
Residents or Less
Retail Sales—
A
CUP
CUP
Restricted
Sales Lots
CUP
CUP
CUP
CUP
9-6.139
Schools
A
A
A
CUP
CUP
9-6.125
Schools — Business
A
A
A
A
CUP
CUP
CUP
CUP
9-6.125
and Vocational
Service Stations
CUP
CUP
CUP
CUP
9-6.164
n
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
❑ Not Permitted
Permitted Uses By Zones
Special
Regulation(s
CV
CP
CR
CS
CT
CPK
DC
DO
IP
1
)
Single -Family
N
n'
Dwelling
Single-Room
CUP
9-6.184
Occupancy Units
Small Family Day
\,..
As
As
As
As
Care
Social and Service
A
A
A
Organizations
Sports Assembly
CUP
CUP
A
Storage, Recycling
and Dismantling of
CUP
A
A
9-6.131
Vehicles and
Material
Tasting Room
A
CUP
A
A
A
A
A
A
A
A
Telecommunication
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Facility
Temporary Events
A/
A/
A/
A/
A/
A/
A/
CUP
CUP
CUP
CUP
CUP
A
A
9-6.177
CUP,
CUP,
CUP,
J
3
l
l
Temporary Offices
A
A
A
9-6.176
Temporary or
A
A
A
A
A
A
A
A
A
9-6.174
Seasonal Sales
Transit Stations
CUP
CUP
A
CUP
CUP
CUP
CUP
CUP
Utility Facilities
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Utility
A
A
CUP
A
A
A
CUP
CUP
A
A
Infrastructure
Vehicle and
Equipment Storage
A
CUP
A4
A4
9-6.183
(Indoor)4
Vehicle and
CUP
CUP
CUP
Equipment Storage
9-6.183
4
4
4
(Outdoor)4
Vehicle and Freight
rII
CUP
CUP
CUP
Terminals
n
Notes: (These notes apply only to Table 3-2).
1 Residential uses allowed only on second and third floors. If a project is required to provide a unit in compliance with the
Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located
in a non -storefront location within a tenant space.
2 Multifamily dwellings permitted when located on the second floor or above, or within an existing residential structure of
historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a conditional use permit
(Section 9-2.110).
4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of 10,000 square feet or
more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use
in a particular zoning district.
5 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile food vending permitted on private property with owner's permission and City review of parking and access on-site.
Mobile food trucks used as part of an event may be permitted in the right-of-way with the issuance of an Event Permit.
7 When no overnight stays of animals are included.
8 Permitted when in association with conforming and legal nonconforming residences.
9 Allowed on ground floor south of Atascadero creek. Conditional use permit required on ground floor on Palma, East Mall,
West Mall Entrada, Traffic Way and on EI Camino Real north of Atascadero Creek as designated in Figure 3-1, subject to all of
the following findings:
a. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses.
b. The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses.
c. The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian
traffic, and active uses in the downtown.
d. The proposed new office will meet parking, accessibility, and property development standards and will not result in new
parking along Atascadero Creek, East Mall or West Mall.
e. The proposed new office building will provide a storefront and other architectural features that complement the pedestrian
scale and retail environment desired within the downtown.
Zoning District Abbreviations
CN — Commercial Neighborhood
CP —Commercial Professional
CR— Commercial Retail
CS — Commercial Service
CT — Commercial Tourist
CPK—Commercial Park
A Allowed Use, Zoning Clearance Required
CUP
Conditional Use Permit Required
AUP
Administrative Use Permit Required
Nonresidential
Zones
❑
Not Permitted
Permitted Uses By Zones
Special
Regulation(s
CN
CP
CR
CS
CT
CPK
DC
DO
IP
I
)
Warehousing
CUP
CUP
A
A
Wholesaling and
AUP
AUP
A°
A°
A°
A°
Distribution Centel
Winery—Boutique
A°
A°
A°
A°
A4
A°
A4
Winery —
CUP
CUP
A°
A°
Production
Notes: (These notes apply only to Table 3-2).
1 Residential uses allowed only on second and third floors. If a project is required to provide a unit in compliance with the
Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located
in a non -storefront location within a tenant space.
2 Multifamily dwellings permitted when located on the second floor or above, or within an existing residential structure of
historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a conditional use permit
(Section 9-2.110).
4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of 10,000 square feet or
more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use
in a particular zoning district.
5 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile food vending permitted on private property with owner's permission and City review of parking and access on-site.
Mobile food trucks used as part of an event may be permitted in the right-of-way with the issuance of an Event Permit.
7 When no overnight stays of animals are included.
8 Permitted when in association with conforming and legal nonconforming residences.
9 Allowed on ground floor south of Atascadero creek. Conditional use permit required on ground floor on Palma, East Mall,
West Mall Entrada, Traffic Way and on EI Camino Real north of Atascadero Creek as designated in Figure 3-1, subject to all of
the following findings:
a. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses.
b. The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses.
c. The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian
traffic, and active uses in the downtown.
d. The proposed new office will meet parking, accessibility, and property development standards and will not result in new
parking along Atascadero Creek, East Mall or West Mall.
e. The proposed new office building will provide a storefront and other architectural features that complement the pedestrian
scale and retail environment desired within the downtown.
Zoning District Abbreviations
CN — Commercial Neighborhood
CP —Commercial Professional
CR— Commercial Retail
CS — Commercial Service
CT — Commercial Tourist
CPK—Commercial Park
DC — Downtown Commercial
DO — Downtown Office
IP — Industrial Park I
1— Industrial
Figure 3-1
i
9-3.331: Mixed Use residential density
Mixed -Use developments within commercial zoning districts that allow for multi -family uses shall have a
maximum base density of 24 dwelling units per acre.
9-3.430 Public districts allowable land uses.
Table 3-3 identifies the uses of land allowed this Zoning Code in each public district, and the planning
permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code. Where the last
column in the tables ("Specific Use Regulations") includes a section number, the regulations in the
referenced section apply to the use. Provisions in other sections of this article may also apply.
Table 3-3 Public Zone Uses
Allowed Land Uses and Permit Requirements
Public Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
❑ Not Permitted
Permitted Uses By Zones
Special Use
Regulation(s)
L
LS
P
OS
Accessory Storage
A
A
9-6.103
Adult Day Care Facility
CUP
Agricultural Accessory Uses
A
OMM
Public Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
ALP Administrative Use Permit Required
❑ Not Permitted
Permitted Uses By Zones
Special Use
Regulation(s)
L
LS
P
OS
Amusement Services
A
CUP
Animal Hospitals
CUP
ATM
A
Bed and Breakfast
A
A
Broadcast Studios
A
Caretaker's Residence/Employee Unit
CUP
9-6.184
Cemeteries
CUP
CUP
CUP
Childcare Center
CUP
9-6.125
Churches and Related Activities
CUP
9-6.121
Collection Stations
A
A
A
9-6.130
Day Care
Eating and Drinking Places
CUP
CUP
Farmers' Market
A
A
A
Government Offices and Facilities
A
Health Care Services
CUP
Home Occupation
A
Horticultural Specialties
CUP
Hotels, Motels
CUP
Indoor Recreation Services
CUP
CUP
A
Libraries, Museums
A
A
A
Medical Extended Care Services: 6 Residents or Less
CUP
9-6.134
Medical Extended Care Services: 7 Residents or More
CUP
9-6.134
Membership Organizations
A
CUP
Mini -Storage
CUP
Mortuary Services
CUP
Outdoor Recreation Services
A
CUP
A
9-6.123
Parking Lots
A
Parks and Playgrounds
A
A
A
A
Recreational Vehicle Parks
CUP
CUP
CUP
9-6.180
Residential Accessory Uses
A
9-6.106
Public Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
❑ Not Permitted
Permitted Uses By Zones
Special Use
Regulation(s)
L
LS
P
OS
Residential Care: 6 Residents or Less
Cl1P
9-6.125
Residential Care: 7 Residents or More
CUP
9-6.125
Schools
A
9-6.125
Schools—Business and Vocational
A
CUP
9-6.125
Single -Family Dwelling
A
CUP
Sports Assembly
CUP
Telecommunication Facilities
CUP
CUP
CUP
Temporary Dwelling
A
9-6.176
Temporary Events
A
A
A
9-6.177
Temporary Offices
A
Transit Stations
CUP
CUP
Utility Facilities
A
A
A
CUP
Utility Infrastructure
CUP
CUP
CUP
CUP
Zoning Districts Abbreviations
L — Recreation
LS — Special Recreation
P — Public
OS — Open Space
9-3.500 Definitions.
Amend the following land -use definitions in AMC 9-3.500 as follows:
Agricultural Accessory Uses. Residential accessory uses that are part of small-scale and/or hobby
agricultural activities incidental to the primary residential use of the property including structures that are
designed to house farm implements, hay, grain, poultry, livestock, or other horticulture products. This does
not include garages, workshops, or other similar residential accessory structures for non-agricultural uses.
Hotels, Motels. Commercial transient lodging establishments, including hotels, motor hotels,
motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise temporary lodging
for less than 30 -days, with or without meals, for the general public. Such establishments shall not provide
kitchen facilities in more than twenty-five percent (25%) of the units.
n
9-4.107 Side setbacks.
OM The side setback is measured at right angles to the side property line to form a setback line parallel to
the side property line, which extends between the front and rear setback areas. The minimum side setback
is to be as follows:
(a) A, RS, RSF, LSF and RMF Zones and Residential Uses in Commercial and Industrial Zones.
All residential uses except for second story dwellings over commercial and industrial uses shall have a
minimum side setback of five (5) feet, except as follows:
(1) Comer Lots. The side setback on the street side of a comer lot is to be a minimum often (10)
feet.
(2) A Comer Lot Adjacent to a Key Lot. Aside setback equal to one-half (1/2) the depth of the
required front setback of the key lot shall be provided, except that:
(i) Where the corner lot is less than fifty (50) feet in width, the setback is to be a minimum of ten
(10) feet;
(ii) Where an alley is between the comer lot and a key lot, the setback on the street side of the
corner lot is to be five (5) feet.
(3) Accessory Buildings. A side yard may be used for an accessory building no greater than twelve
(12) feet in height, provided that it is not used for human habitation or the keeping of animals and is
either:
(i) Located no closer than five (5) feet to any property line;
(ii) Located on the rear half of the lot; or
(iii) Established on the property line as a common wall structure pursuant to subsection (a)(4) of
this section, or as a zero lot line structure, provided that all applicable Uniform Building Code
requirements are satisfied for a property line wall.
(4) Common Wall Development. Any two (2) dwelling units, and/or their accessory garages, may
be constructed on adjoining lots without setbacks between them provided that:
(i) The setback has been eliminated through subdivision map or conditional use permit approval;
(ii) A common wall or party wall agreement, deed restriction or other enforceable restriction has
been recorded;
(iii) The side setbacks opposite the common wall property line are not less than two (2) times the
minimum width required by this section; and
(iv) Common wall construction is in compliance with the Uniform Building Code.
(5) Zero Lot Line Development. A group of dwelling units on adjoining lots may be established so
that all units abut one (1) side property line, provided that:
(i) The setback has been eliminated for an entire block through subdivision map or conditional use
permit approval;
(ii) The modified setback requirements for the block are recorded as part of a land division map,
deed restriction, or other enforceable restriction;
(iii) The side setback shall not be eliminated or reduced on the street side of a corner lot; and
(iv) Side setbacks opposite the zero setback property line are not less than twice the minimum
required by this section.
(6) Access Easements. All access easements shall have a minimum setback of five (5) feet,
measured from the edge of the easement.
(7) Additional height for buildings in RMF. Multifamily dwellings exceeding twenty-five (25) feet
in height shall have a ten (10) foot setback for all portions of the building over twenty-five (25) feet in
height.
(b) CN, CP, CR, CS, CT, CPK, IP, I and P Zones. No side setbacks are required. Ground floor
residential uses are subject to the setback requirements of subsection (a) of this section.
(c) L and LS Zones. A minimum five (5) foot side setback is required.
9-4.112 Measurement of height.
The height of a building or structure is to be measured as the vertical distance from the highest point
of the structure to the average of the highest and lowest points where the exterior walls touch the finish
grade. The measurement of heights for fencing, walls, arbors or hedges shall be subject to Section 9-
4.128.
9-4.113 Height limitations.
The maximum height for new structures is as follows:
(a) Limitation by Zone.
Zone
Maximum Height
A, RS, RSF, LSF
30 feet
CN, CP, CR, CS, CT
35 feet
CPK, IP, 1
45 feet
LS, L, P
35 feet
RMF
35 feet (portions of buildings exceeding 25' shall require
additional setbacks in accordance with Section 9-4.107)
(b) Exceptions to Height Limitations.
(1) Planning Commission Waiver. The height limitations of this section may be modified through
conditional use permit approval, provided the Planning Commission first finds the project will not result
in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified
height will not exceed the lifesaving equipment capabilities of the Fire Department.
(2) Height Adjustment. The height limitations specified by subsection (a) of this section may be
adjusted by approval of an administrative use permit (Section 9-1.112) for a single-family residential
building to allow additional height, to a maximum of forty (40) feet, provided that the required side and
rear setbacks are increased one (1) foot in width for each foot of height over thirty (30) feet.
P +
(3) Downhill Lot. Where the average front -to -back slope of a lot is greater than one (1) foot of fall
in seven (7) feet of distance from the centerline of the street to the rear face of the proposed building, up
to ten (10) feet may be added to the rear building face, which is to be excluded from the height
measurement (Section 9-4.112). n
(4) Uninhabited Structures. The height limits specified in subsection (a) of this section do not
apply to the following structures (measurement of height is to be from the ground, as set forth in Section
9-4.112):
(i) Radio and television receiving antennas of the type customarily used for home radio and
television receivers, when fifty (50) feet or less in height.
(ii) Transmitting antennas used by licensed amateur (ham) radio operators when fifty (50) feet or
less in height.
(iii) Flagpoles fifty (50) feet or less in height.
(iv) Grain elevators, silos, water tanks, windmills, wind generators and all other similar structures
not containing residential uses and located in the A, RS, CR, CS, CPK, IP and I Zones.
(v) Chimneys no more than one hundred (100) feet in height located in the CPK, IP and I
Zones and all other chimneys and roof vents extending no more than two (2) feet above the height limit
specified in subsection (a) of this section.
(vi) Industrial towers, nonportable equipment and other uninhabited structures no more than sixty
(60) feet in height located in the CPK, IP and I Zones.
(vii) All portable construction equipment.
(viii) Public utility poles and structures for providing electrical and communications services.
(ix) Solar collectors not more than five (5) feet above the height limit specified in subsection (a) of
this section.
(x) Satellite receiving and similar communication dishes and devices in commercial and industrial
zones, when no more than ten (10) feet above the maximum height in the zone.
(5) Architectural Projections/Features. The height limitations of this section may be increased up to
forty (40) feet through administrative use permit approval to allow for non -habitable architectural features
including, but not limited to, varied roof forms, tower elements, and cupolas with the intent of
encouraging creative building design.
(i) To approve an administrative use permit to increase height the following findings shall be
made:
a. The additional height provides architectural interest and adds to a varied roofline.
b. The added features will not block solar access to adjacent properties.
9-4.128 Fencing and screening.
Standards for fencing and screening are established by this section to protect certain uses from
intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between
different land uses by visual screening. Fencing is the enclosure of an area by the materials identified in
subsection (c) of this section. Screening is the enclosure of an area by a visual barrier, which may include
solid fencing or other materials, as specified in subsection (c) of this section.
(a) Fencing and Screening—Where Required. Within the urban services line, the uses and areas
listed in this subsection shall be fenced and/or screened, as indicated. Unless otherwise specified, fencing
and screening are to be a minimum height of six (6) feet. Fencing and screening materials of a height
greater than three (3) feet shall not be located within a required front setback or side setback adjacent to a
street.
(1) Mechanical Equipment. When located outside of a building, support equipment, including air
conditioning and heating devices, but not including plumbing or exhaust vents, or chimneys, shall be
screened to the height of the particular piece of equipment, as follows:
(i) Roof -Mounted Equipment. To be screened by architectural features from the view of abutting
streets.
(ii) Equipment at Grade. When located on the ground adjacent to a building, mechanical equipment
shall be screened by landscaping, a solid wall or fencing from the view of the street or surrounding
properties.
This subsection does not apply to single-family residential uses.
(2) Outdoor Storage. To be screened on all sides by a wall or fencing.
(3) Public Utility Substations. To be screened on all sides in a manner that will provide an effective
visual barrier as well as the necessary safety clearances required by order of the California Public Utilities
Commission.
(4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be
screened as follows:
(i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and rear
property lines of any nonresidential or nonagricultural use abutting a residential use or zone.
(5) Swimming Pools. Yard areas with private swimming pools are to be fenced to discourage
unsupervised access and use by small children. Such fencing is to be constructed per building code
requirements.
(b) Exceptions to Fencing and Screening Requirements.
(1) Buildings Abutting Property Lines. Required screening or fencing may be omitted along any
lot line where a building wall exists immediately abutting the lot line.
(2) Location Adjustment. Where property fencing or screening is required, the location may be
adjusted by approval of an administrative use permit (refer to Section 9-1.112 of this title), so the fencing
may be constructed at or within the setback line, provided the areas between the fence and the property
lines are landscaped, or in rural areas, retained in their natural vegetative state.
(3) Planning Commission Modification. Any of the requirements of this section may be waived or
modified through conditional use permit approval, provided the Planning Commission first finds that
specifically identified characteristics of the site or site vicinity would make required fencing or screening
unnecessary or ineffective.
(c) Standards for Fencing and Screening Materials. All fencing and screening shall be allowed as
follows:
(1) Height. Fence and screen height shall be permitted as follows:
(i) RS/RR/RSF-Z/RSF-Y (with one (1) acre net or larger) Zones.
a. Fencing within a required front or corner yard setback may be up to five (5) feet in height,
provided that the top two (2) feet remain a minimum of eighty percent (80%) visibility. The fence shall
not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on
human health and safety (refer to engineering standard: Minimum Sight Distance for Driveways and
Intersecting Roads with Stop Control).
b. Fencing associated with agriculture type activities including, but not limited to, "deer fencing"
and other fencing that is a minimum of eighty percent (80%) visible may be up to seven (7) feet in height.
Chain link fencing, wrought iron fencing, and any other decorative type of fencing is not considered
"agriculture" type fencing for the purposes of this subsection.
c. Fencing within a required side or rear setback may be a maximum of six (6) feet in height.
(ii) RSF-Y (less than one (1) acre net) /RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF-20.
a. Fencing within a required front or corner yard setback can be a maximum of four (4) feet in
height. P"
b. Fencing within a required side or rear yard setback shall be a maximum of six (6) feet in height.
(iii) Residential Gates:
a. Gates are permitted in single-family residential zoning districts for private driveways
b. Gates shall be setback a minimum of 20 -feet from the right of way in accordance with
Engineering standards.
c. Gates shall be a maximum of 12 -feet in height and shall remain residential in nature
d. Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet
in height.
e. Gates shall comply with emergency access standards
f. Gates shall not swing open toward the street unless the maximum swing is not closer than 16
feet from the edge of the right of way.
g. Gates or associated structures shall comply with minimum sight -distance standards.
h. A construction permit shall be required for all gates that exceed 6 -feet in height or contain
electrical components.
(iv) Height Measurement. Fence height shall be measured from the adjacent grade of the downhill
side of the wall, fence, or hedge.
a. Where fences or walls are located on retaining walls or berms, the height of the retaining wall or
berm shall be considered as part of the overall height of the fence or wall if the retaining wall or
berm exceeds 2 -feet in height.
b. If a retaining wall is terraced and separated by five (5) feet of horizontal space or greater, they
shall be considered individual walls for the purposes of measuring height.
(2) The Design Review Committee (DRC) may grant an exemption to the front setback fencing
requirement to a maximum of six (6) feet in height if proposed fence would be consistent with the
neighborhood character and does not impair site distance for vehicular traffic, as reviewed by the City
Engineer.
(3) Permit to Exceed Height. A minor conditional use permit approval is required where fencing is
proposed to be greater than six (6) feet in height within or outside any required setback, with the
exception of fencing described in subsection (c)(1)(i)(b) or subsection (c)(1)(iv)(a).
(4) Screening Materials Substitution. Where screening is required to be a solid wall or fence, the
following materials may be substituted through adjustment (see Section 9-1.112 of this title), except
where screening is required adjacent to a residential use or zone:
(i) Landscape Screen. Screening plant materials may be substituted for a wall or fence, where:
a. Proposed plant materials are certified in writing by a registered landscape architect as having
the capability of achieving sixty percent (60%) of total view blockage within eighteen (18) months of
planting, and one hundred percent (100%) of total view blockage within thirty-six (36) months of
planting; and
b. The applicant agrees in writing to install solid fencing after the expiration of thirty-six (36)
months, in the event that the landscaping has not totally blocked the view of areas required to be screened.
(ii) Berms. A landscaped berm may be substituted for a wall or fence, provided that the
combination of berm and landscaping is no less than the required height of the fence or wall, and that the
berm is constructed with a maximum slope of three to one (3:1), with side slopes designed and planted to
prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest point of the
berm, extending the length of the berm. The berm shall be planted with shrubs, lawn or groundcover.
(iii) Chain -Link Fencing. Vinyl -coated, chain-link fencing with evergreen landscape screen
OMM planting may be substituted for a solid wall or fence in commercial and industrial zones, except where
screening fencing is required adjacent to residential uses and zones.
9-6.103 Accessory storage.
Where the principal building or use on a site is some use other than storage, and storage accessory to
that use is also located on the site, the accessory storage is subject to the following standards (see also
Section 9-6.140). A zoning approval is not required to establish accessory storage except when
subsections (b) and (g) of this section requires such approval for a specific type of storage.
Where the principal building or use on a site is some use other than storage, and storage accessory to
that use is also located on the site, the accessory storage is subject to the following standards (see also
Section 9-6.140). A zoning approval is not required to establish accessory storage except when
subsections (b) and (g) of this section requires such approval for a specific type of storage.
(a) Outdoor accessory storage is limited to ten percent (10%) of the floor area of the principal
building.
(1) Any size modification for outdoor accessory storage over ten percent (10%) of principal floor
area will require a conditional use permit.
(b) Building Materials and Equipment. Building materials and equipment being used in a
construction project on the same or adjacent site may be stored on or adjacent to the construction site as
long as a valid building permit is in effect for construction on the premises. Building materials and
equipment include stockpiles of construction materials, tools, equipment, and building component
assembly operations. When storage is proposed on a lot adjacent to the construction site, the application
for the project is to also describe the storage site. Temporary storage of construction materials on a site
not adjacent to the construction is subject to Section 9-6.175.
(c) Commercial Vehicles. This subsection applies to the accessory storage of vehicles used for
shipping and/or the delivery of freight and products in support of a business or used for other commercial
activity, when such vehicles are larger than a standard passenger car, pickup truck or van. Storage means {j
parking a commercial vehicle longer than for a single weeknight, weekend or holiday. The storage of
vehicles as a principal use is subject to the standards of Section 9-6.183.
(1) Commercial vehicles are to be stored in an enclosed building unless otherwise allowed by the
provisions of this code.
(2) The storage of agricultural vehicles in the A Zone is unrestricted.
(3) Commercial vehicles may be allowed in residential zones where the resident of the premises
can show that:
(i) The site is of sufficient size to allow parking of the vehicle in the buildable area of the site; and
(ii) The number of such vehicles is limited to a maximum of one (1); and
(iii) The vehicle can be maintained on the site in a manner which will not be disturbing to nearby
residents as a result of unsightly appearance, excessive noise, or operation between 9:00 p.m. and 7:00
a.m.; and
(iv) The vehicle due to its size, length or weight will not damage streets leading to the site beyond
normal levels and will not create traffic safety problems due to maneuvering necessary to enter and exit
the site; and
(v) There are no other suitable locations available to store the vehicle.
(d) Inoperative Vehicles. The storage or keeping of inoperative vehicles is subject to the following.
Nothing in this title shall be construed as preventing the abatement of an inoperative vehicle which is
found to be a nuisance:
(1) Vehicles Under Commercial Repair. The repair of vehicles is allowed only in commercial or
industrial zones as provided by Chapter 9-3, except for repair of a personal vehicle by the vehicle owner
on a site owned or rented by the vehicle owner. The storage of inoperative vehicles in a commercial or
industrial zone for the purposes of repair, alteration, painting, impoundment or temporary storage by a
towing service is subject to Section 9-6.168.
(2) Wrecked and Abandoned Vehicle Dismantling or Storage. Any area used for the dismantling of
inoperative vehicles or for the storage of wrecked or abandoned vehicles not being dismantled or repaired
is subject to Section 9-6.131.
(3) Automobiles Stored in Residential Areas. The storage of inoperative vehicles in a residential
zone is limited to one vehicle when stored outdoors. Such storage may be located only where it is within
the buildable area of the site. Inoperative vehicles may be abated as set forth in Chapter 9-8. Storage of
such vehicles within an approved accessory building (Section 9-6.106) is not subject to limitation on the
number of vehicles.
(d) Accessory Storage of Flammable and Combustible Liquids. The accessory storage of
flammable and combustible liquids is subject to the following standards:
(1) Limitations on Quantity. The quantity of flammable or combustible liquids stored on a site
shall be limited as follows:
(i) Residential Zones. Ten (10) gallons, unless authorized through precise plan approval. Excluded
from this requirement is the storage of flammable liquids in the fuel tanks of self-propelled vehicles,
mobile power or heat generators or similar equipment and the storage of paints, oils, varnishes or
combustible mixtures when such liquids are stored for maintenance, painting or similar purposes. The
storage of propane or other fuels which provide energy to heat a residence is also excluded from this
limitation, when such storage is in tanks directly connected to the residence for consumption or when the
quantity is limited to a reasonable reserve for personal use which is stored in an approved manner.
X"% (ii) Agricultural, Commercial and Industrial Zones. Storage shall be limited to the following
quantities on any single building site, unless greater quantities are authorized through conditional use
permit approval:
Type of Storage
Type of Liquid
Above Ground
Underground
Combustible
1,000 gallons
Unlimited
Flammable
1,000 gallons
20,000 gallons
(2) Setbacks. Aboveground storage facilities for flammable or combustible liquids shall be set back
a minimum of fifty (50) feet from any property line and from any residential use on the same property.
(3) Additional Standards.
(i) All storage of bulk flammable liquids shall be underground; except as specified by subsection
(d)(1)(i) of this section; except where a refining or similar industrial use has been allowed in the CPK, IP
or I Zone; and except, where an automobile service station or other approved vendor of flammable liquids
stores such liquids for sale in approved quantities and containers.
(ii) All aboveground storage of flammable and combustible liquids shall be within types of
containers approved by the Fire Department.
(iii) Access, circulation and emergency fire equipment re uirements of the Fire Department shall be
provided or installed within thirty (30) days where such need has been identified and posted by the Fire
Department.
(f) Recreational Vehicles in Residential Zones. The storage of recreational vehicles or dependent
trailers or RV equipment (camper shells, etc.), airplanes, and boats is permitted as an accessory use in the
RSF, LSF, RMF, RS, or A Zones as follows (the storage of recreational vehicles in other zones is subject
to Section 9-6.183; the storage of mobile homes is subject to Section 9-6.142(c)):
(1) Location of Storage. Recreational vehicles are not to be stored in the required front setback
area.
(2) Use. Recreational vehicles are not to be used for living, sleeping or housekeeping purposes
except as provided by Section 9-6.176.
(g) Scrap and Junk. The outdoor storage of scrap, junk and miscellaneous articles and materials
accessory to another use is limited to a maximum area of two hundred (200) square feet, with a maximum
height of five (5) feet except that the outdoor storage of scrap, junk and miscellaneous articles and
materials accessory to another use may be allowed up to one thousand (1,000) square feet when
completely screened from neighboring properties and from the public right-of-way. Such storage shall be
located only where it is within the buildable area of the lot. The storage of scrap and junk as a principal
use is subject to the standards of Section 9-6.131.
(h) Cargo Containers. Cargo containers (also referred to as "Seatrains" or shipping containers) are
defined as a prefabricated metal structure designed for use as an enclosed truck trailer in accordance with
Department of Transportation (DOT) standards. This does not include architecturally modified cargo
containers used as a building material. The use of cargo containers for accessory storage purposes is
permitted based on the following standards:
(1) Use of Cargo Containers.
(i) Cargo containers shall be utilized for accessory storage only. Occupancy shall be limited to a ^
"U" occupancy consistent with the California Building Code (CBC) or its successor title.
(ii) Cargo containers shall not be used for permanent or temporary human occupancies, including,
but not limited to, living, sleeping or other residential uses.
(2) Number of Cargo Containers Permitted.
(i) One (1) cargo container may be permitted on a commercial, industrial or single-family
residential lot over one (1) gross acre in size, subject to Design Review Committee (DRC) review for
neighborhood compatibility and approval of a building permit.
(ii) Two (2) or more cargo containers may be permitted with a minor conditional use permit (CUP)
on a commercial, industrial, or single-family residential lot over one (1) gross acre in size, subject to
Planning Commission review for neighborhood compatibility and approval of a building permit.
(3) Standards for Cargo Containers.
(i) Building Permit. A building permit is required for cargo containers over one hundred twenty
(120) square feet in size. A cargo container which is one hundred twenty (120) square feet or less, is
exempt from building permit requirements provided it meets property line and structure setbacks required
by this title and does not have any utility connections.
(ii) Setbacks. Cargo containers shall be located in the rear half of the property in commercial,
industrial and residential zones. Cargo containers shall not be permitted within the front or street facing
side yard setback of a residential property. Setbacks shall be consistent with underlying zone setback
requirements and is consistent with the preceding subsections (1) and (2).
(iii) Foundation. Cargo containers shall be anchored on a foundation system capable of ^I
withstanding all imposed vertical and horizontal loads and consistent with all applicable codes. Any
alterations to the container shall be designed and detailed by a licensed design professional. All
foundations and alterations shall be approved by the Chief Building Official.
(iv) The cargo container may not occupy any required parking areas or obstruct any Fire
Department access ways.
(4) Exemptions.
(i) Use of cargo containers for temporary on-site storage associated with a construction project is
exempt from this section (refer to subsection (b)).
(ii) Use of cargo containers for temporary commercial storage may be allowed with the approval
of an administrative use permit for a period not to exceed four (4) months.
9-6.105 Home occupations.
An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or
sale of goods or services is subject to the standards of this section.
(a) Appearance, Visibility and Location. The standards of this section determine what physical
changes may occur in a dwelling unit to accommodate a home occupation and where on a residential site
a home occupation may be conducted.
(1) Changes to the Dwelling. The home occupation is not to change the residential character of the
outside appearance of the building, either:
(i) By the use of colors, materials, lighting, signs or by the construction of accessory structures or
garages visible from off-site and not of similar character as the residence; or
(ii) By the emission of noise, glare, flashing lights, vibrations or odors not commonly experienced
in residential areas.
OMR (2) Display of Products. The display of home occupation products for sale, in a manner visible
from the public street or adjoining properties, is prohibited.
(3) Outdoor Activities. On sites of less than one (1) acre, the use shall be conducted entirely within
a principal or accessory structure except instructional activities that may be performed outdoors. Outdoor
storage of materials related to the home occupation is allowed only on parcels one (1) acre or larger
(except as otherwise provided by Section 9-6.103), where such storage is to be screened from view of any
street or adjacent property.
(4) Use of Garage or Accessory Structure. The use of a garage or accessory structure is allowed
subject to Section 9-6.106, except that the conduct of the home occupation shall not preclude the use of
the garage for vehicle parking unless any required replacement parking can be accommodated on-site.
(b) Area Devoted to a Home Occupation. The home occupation shall be incidental and subordinate
to the principal use of the site as a residence.
(c) Employees. No person other than members of the household residing on the premises may be
employed and working on the site, except that employees, including independent contractors, partners,
and similar employee -type relationships, may be permitted through administrative use permit approval
(refer to Section 9-1.112) as follows:
(1) The number of employees shall be unlimited, if the following criteria can be complied with:
(i) The employees do not work at or report to the site of the home occupation during, or
immediately before or after, the normal operating hours of the business.
(ii) No additional vehicles, equipment, or outside storage shall occur at the residence as a result of
the increased number of employees.
(2) A maximum of two (2) employees, if the following criteria can be complied with:
(i) No additional client vehicles are generated to the premises as a result of the increased number
of employees.
(ii) The function of the employees in working on the site is to provide direct service to the
employer rather than to the clients of the business.
(iii) It is necessary for the operation of the business to have the employees working at the site of the
home occupation.
(iv) Any additional vehicles, equipment, or outside storage can be maintained on the site in
compliance with subsection (a) of this section.
(v) The allowance of employees will not have any adverse effect on the surrounding residential
area.
(d) Hours of Operation. Hours of operation are unrestricted except that home occupations which
generate sounds audible from off-site shall be limited to the hours from 7:00 a.m. to 7:00 p.m., provided
that such home occupation complies with the standards of Chapter 9-14.
(e) Limits on the Kinds of Home Occupations Allowable. Subject to all of the standards of this
section, allowable home occupations consist of:
(1) Office -type personal or business services (including personal instruction such as music lessons
or contracting services not involving on-site storage of materials or equipment) that do not involve the
presence of more than one (1) client vehicle at any one (1) time;
(2) Handcraft or artwork production, including but not limited to pottery and ceramics, artistic
glass or metalwork, electronic components, woodcarving and woodworking (except for mass -production
operations such as cabinet shops), antique furniture restoration, painting and photography, except when
such use involves on-site use of equipment requiring more than standard household electrical current at
one hundred ten (110) or two hundred twenty (220) volts or that produces noise (refer to Chapter 9-14),
dust, odor or vibration detrimental to occupants of adjoining dwellings.
(3) The personal sale of cosmetics, personal or household products (except appliances), or other
goods or products; when such sales occur on the premises of the purchaser, provided that wholesale sales
may occur pursuant to subsection (f) of this section, or occur off the premises in some other approved
location.
(4) Small-scale agricultural accessory uses and horticultural specialties.
(f) Sale of Products. On-site retail sales of the products of a home occupation are prohibited,
except:
(1) Garage sales or the sale of handcrafted items and artwork produced on-site are allowed not
more than twice per year, for a maximum of two (2) days per sale; and
(2) Home distributors of cosmetics and personal or household products may supply other approved
home occupation proprietors.
(3) Agricultural produce stands are permitted consistent with section 9-6.117
(g) Signing. One (1) identification sign with a maximum area of two (2) square feet may be erected
pursuant to Chapter 9-15. A commercial vehicle carrying any sign identifying the home occupation and
parked on or adjacent to the residential site visible from the public street is included in determining the
maximum allowable area of on-site fixed signs.
(h) Parking and Traffic. Traffic generated by a home occupation is not to exceed the volume
normally expected for a residence in a residential neighborhood. All parking needs of the home
occupation are to be met off the street. For purposes of this section, normal residential traffic volume
means up to ten (10) trips per day. This subsection does not apply to garage or handcraft sales pursuant to
subsection (f)(1) of this section.
9-6.106 Residential accessory uses.
PER The standards of this section apply to the specific types of residential accessory uses and structures
as listed. Standards for agricultural accessory structures are subject to section 9 -6.109. -Agricultural
accessory structures for the keeping of animals are subject to Section 9-6.112.
(a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment, may be
located within any required side or rear setback, provided that they are no closer than eighteen (18) inches
to a property line (additional setbacks may be required by the adopted building code), and provided that
they are fenced as required by Section 9-4.128.
(b) Detached Accessory Structures. Any detached accessory structure intended for residential
accessory uses and accessory storage.
(1) Limits on Use. An accessory structure may be constructed or used solely for noncommercial
hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as
painting, photography or sculpture; for maintenance or mechanical work on vehicles owned or operated
by the occupants; for an approved home occupation; or for other similar purposes.
(2) Floor Area. The gross floor area of a detached accessory structure is not to exceed one hundred
percent (100%) of the gross floor area of the principal structure, up to 2,000 square feet.
(i) The floor area may be increased by approval of an administrative use permit (Section 9-1.112) to
allow additional floor area over the specified limits, when consistent with the appearance and design
criteria in section 9-6.106 (3) and when additional findings can be made to support an increased
size.
(3) Appearance and Design. An accessory structure that exceeds fifty percent (50%) of the gross
P" floor area of the principle structure shall adhere to the following criteria:
(i) Accessory structure shall not be located between the primary structure and the public roadway
(ii) Accessory structure shall be compatible with the pattern of development in the neighborhood
(there are similar structures on adjacent properties, and properties are of a size, nature and
topography so as to not create a significant aesthetic impact)
(iii) Accessory structure is compatible or complementary with the architectural style of the primary
structure.
(iv) The floor area of the accessory structure is equal or lesser than the floor area of the primary
structure
(v) The accessory structure is located on a conforming lot.
(vi) The accessory structure can be built to avoid substantial grading and the removal of significant
native trees
(vii) The accessory structure does not block sunlight for adjacent properties, alter site distance for
roads or driveways, nor substantially alter the visual quality of the property.
(viii)The accessory structure shall be located no closer than ten (10) feet to the side property line as
measured from the nearest roof eave.
(ix) The accessory structure shall be located no closer than forty (40) feet to the nearest residential
dwelling on an adjacent property.
(4) Residential accessory structures one hundred twenty (120) square feet or less are exempt from
requiring a permit if the structure is incidental to the primary use and meets the following requirements:
(i) The structure does not create a nuisance;
(ii) The use of the structure is permitted under its zoning;
(iii) The structure meets the property's rear and side yard minimum setback requirement of three
(3) feet if the structure is less than twelve (12) feet in height;
(iv) If the structure is more than twelve (12) feet in height, standard setback shall be required
regardless of exemption;
(v) The accessory structure is located outside of the required front yard setback;
(vi) A minimum (5) foot setback is required between structures. If structures are abutting, the PER
aggregate area of the buildings shall be considered one (1) building and shall require a building permit.
(vii) Hoop structures/greenhouses: Limited to two (2) per residential property. Additional structures
may be approved with DRC approval.
(5) Number of Structures. The number of non-exempt accessory structures requiring a building
permit shall be limited to two (2) structures.
(c) Mini -bike, motorcycle, dirt bike or similar two (2) or more wheel motor vehicle riding is
allowed subject to the following limitations:
(1) No more than two (2) such vehicles shall be operating at the same time.
(2) Operation is limited to a maximum of two (2) hours in a day—Limit applies even if only one
(1) such vehicle is being operated.
(3) Operation is limited to a maximum of eight (8) hours in a week:
(i) This limit applies even if only one (1) such vehicle is operated;
(ii) A week shall be measured from Monday through Sunday.
(4) Notwithstanding the above, no such use shall be allowed prior to noon on Sundays.
(6) Any violations to the above-mentioned limitations are subject to cost recovery for responses to
disturbances, as listed in Section 9-14.14.
(d) . Exceptions to Accessory Structure Standards.
(1) Detached accessory structures that deviate from requirements are subject to the approval of a
minor conditional use permit.
(2) Any detached accessory structure in excess of the two (2) structures permitted or when multiple
exempt accessory structures (less than one hundred twenty (120) square feet) are constructed on the
premises that are no longer accessory uses to the primary unit as determined by the Community
Development Director is subject to the approval of a minor conditional use permit.
(e) Agricultural accessory uses. This subsection applies to small-scale agricultural uses that are
incidental to a primary use in residential zoning districts.
(1) Hobby crop production and processing. Incidental crop production and small-scale processing is
permitted subordinate to the residential use of the property. Any accessory structures used for this purpose
must comply with accessory structure standards of this section.
(i) Agriculture intended for commercial use must also comply with Home Occupations standards as
listed in Section 9-6.105.
(2) Produce stands are permitted in compliance with Section 9-6.117.
(3) Farm Animal Raising is permitted in compliance with Section 9-6.112.
9-6.112 Farm animal raising.
The raising or keeping of farm animals incidental to a residential use is allowed subject to the
standards of this section, provided that these standards do not apply to domesticated household pets such
as cats and dogs, which are governed under section 4-1.119.
(a) Minimum Site Area. The minimum site area of a parcel used for farm animal raising shall be as
specified in this subsection, unless a smaller site area is allowed as set forth in subsection (h) of this
section. Adjacent parcels may be used to achieve the minimum site area by administrative use permit
approval (Section 9-1.112) provided that there is a written agreement with the owner of the adjacent
parcel(s); that said adjacent property is accessible for use by the animals for corrals, pens, pasturing or
similar activity; that said adjacent property is not necessary to comply with minimum site area or animal
density requirements for animals on its own site; and that any such adjustment shall only be valid for the
duration of the agreement.
(1) Large Animals.
(i) Horses, burros, donkeys, and similar equines: One (1) acre.
(ii) Cows, steer, and similar bovines: One (1) acre.
(iii) Pigs and swine: One (1) acre.
(2) Small Animals.
(i) Goats, sheep and similar ovines: One-half (1/2) acre.
(ii) Poultry (and similar ground birds): None.
(iii) Rabbits (and other non -carnivorous animals of similar size): None.
(iv) Turkeys: One-half (1/2) acre.
(v) Birds (including pigeons and other caged birds): None.
(b) Setbacks. All buildings used to house farm animals including livestock and poultry buildings,
hams, stables, lofts, coops, and similar accessory structures are subject to the setback requirements of
Section 9-6.109. All other animal enclosures including corrals, pens, feed areas, paddocks, uncovered
stables and similar enclosures are subject to the setback requirements of this subsection. The occasional
grazing of domestic animals in these setbacks is allowed provided that the pasture area is adequately
fenced or that the grazing animal is securely restrained. Setbacks shall be measured from the nearest
building used for residential purposes on adjacent property. Animals may be maintained at lesser setbacks
when they were established prior to the residence on the adjacent property provided that the animals are
continuously in compliance with subsection (c) of this section. If the animals are not so maintained, they
may be required to comply with these setbacks.
(1) Large Animals.
(i) Equines: Fifty (50) feet.
(ii) Bovines: Fifty (50) feet.
(iii) Swine: One hundred (100) feet.
(2) Small Animals.
(i) Ovines: Fifty (50) feet.
(ii) Poultry: Twenty-five (25) feet.
(iii) Rabbits: Twenty-five (25) feet.
(iv) Turkeys: Fifty (50) feet.
(v) Birds: None.
(c) Maintenance. All buildings housing domestic animals, all animal enclosures, and all pasture
areas shall be maintained free from litter, garbage and the accumulation of manure. Premises shall be
maintained in a neat and sanitary manner. If farm animals are not maintained in compliance with these
standards, or are otherwise allowed to become a nuisance, the Planning Department shall initiate
enforcement proceedings as provided by Chapter 9-8.
(d) Special Requirements. The keeping of specific domestic animals is subject to the special
standards in this subsection in addition to other standards set forth in this section.
(1) Equines. None.
(2) Bovines. None.
(3) Swine. The maximum number of swine allowed on any parcel is three (3) sows and one (1)
boar regardless of animal equivalency units.
(4) Ovine. None.
(5) Poultry. The maximum number of poultry allowed on any parcel is forty (40) regardless of
animal equivalency units.
(6) Rabbits. All rabbits shall be contained in coops or pens and not be allowed to run free on a site.
The maximum number of rabbits allowed on any parcel is forty (40) regardless of animal equivalency units.
(7) Turkeys. All turkeys shall be contained in coops or pens and not be allowed to run free on a site.
The maximum number of turkeys allowed on any parcel is eight (8) regardless of animal equivalency units.
(8) Birds. None.
(e) Establishment of Animal Equivalency Units. Animal equivalency units are established in this
subsection in order to define relationships among domestic animals of various sizes for use in determining
allowable animal density.
(1) Large Animals.
(i) Equines: Each equine equals one (1) animal equivalency unit.
(ii) Bovines: Each bovine equals one (1) animal equivalency unit.
(iii) Swine: Each swine equals one (1) animal equivalency unit.
(2) Small Animals.
(i) Ovine: Two (2) ovine equal one (1) animal equivalency unit.
(ii) Twenty (20) poultry equal one (1) animal equivalency unit.
(iii) Rabbits: Twenty (20) rabbits equal one (1) animal equivalency unit.
(iv) Turkeys: Two (2) turkeys equal one (1) animal equivalency unit.
(v) Birds: Not applicable.
(f) Allowable Animal Density. The maximum allowable animal density for a site is established by
this subsection, unless a larger number is allowed as set forth in subsection (h) of this section.
(1) A Zone. No density limitations.
(2) RS Zone. Three (3) animal equivalency units per acre, provided that, for the first two (2) acres,
no more than one (1) large animal shall be allowed for each full one-half (1/2) acre.
(3) RSF Zone. Two (2) animal equivalency units per acre, provided that no more than one (1) large
animal shall be allowed for each full one-half (1/2) acre.
(g) Method of Calculating Animal Density. The method of calculating animal density is
established by this subsection. The lot size (in gross acres) is multiplied by the allowable animal density
(in animal equivalency units per acre) for the particular zoning district. The product is the maximum
number of animal equivalency units allowed on the site. As an example, a 1.9 acre parcel in the RS Zone
would allow 5.7 animal equivalency units which can be rounded off to six (6) as provided by Section 9-
1.109(6)(4). This would allow two (2) equivalency units for large animals and four (4) equivalency units
for small animals.
(1) Birds. Birds shall not be restricted as to density and shall not affect the allowable animal
density on a parcel.
(2) Fraction of an Equivalency Unit. Since rounding off to whole numbers is provided for (Section
9-1.109), there will be no fractional equivalency units. Small animal equivalency units may not be divided
between the various small animal subcategories. For example, ten (10) rabbits does not equal one-half
(1/2) animal equivalency units and ten (10) rabbits and ten (10) poultry do not add together as one (1)
animal equivalency unit.
(3) Unweaned Offsprings. Unweaned offsprings are permitted and shall not affect the allowable
animal density on a parcel.
(h) Modification of Certain Standards. The minimum site area and allowable animal density
standards set forth in this section may be adjusted subject to compliance with the criteria set forth in this
section, except that these standards may also be modified through conditional use permit approval (refer
to Section 9-2.110) if these criteria cannot be satisfied. The setback, maintenance and special
requirements standards may not be modified by conditional use permit.
(1) Youth Projects. An adjustment not to exceed one (1) additional animal equivalency unit per
acre or an adjustment to reduce the minimum site area by no more than twenty-five (25) percent may be
granted for a youth project sponsored by a recognized organization, subject to the following criteria:
(i) The project is for a limited duration with a known termination date at which time the project
animal will be removed from the site and the site brought into conformance with all applicable standards;
and
(ii) There is an adult project supervisor who has reviewed and approved, in writing, the project and
who can take corrective action if necessary regarding the project; and
(iii) All other standards of the section including setbacks, maintenance and special standards
applicable to the project are and will be continuously satisfied; and
(iv) The site otherwise conforms to the standards set forth in the section; and
Oft (v) All animals maintained on the site are owned by the residents of the premises; and
(vi) The youth involved in the project has demonstrated in prior adjustments, if applicable, the
responsibility to maintain the project in a satisfactory manner.
(2) Small -Scale Breeding. An adjustment not to exceed one (1) animal equivalency unit for each of
the first two (2) acres and two (2) animal equivalency units for each remaining acre may be granted for
small-scale breeding for commercial purposes which does not exceed the special standards of subsection
(d) of this section, subject to the following criteria:
(i) The site is located outside the urban services line; and
(ii) The site contains a minimum of three (3) acres; and
(iii) Secure enclosures are provided for any stud animals; and
(iv) Setbacks for any agricultural accessory buildings and animal enclosures are one hundred (100)
feet from adjacent property lines; and
(v) A business license and home occupation permit (Section 9-6.105) can be secured.
(i) Other Animals. Domestic animals not specified in this section shall be reviewed by the
Planning Director and shall be placed in the category which the animals most closely resemble.
0) The grazing of animals is permitted when an individual property adheres to the density
regulations of this section and may occur regardless of establishment of a primary use.
9-6.113 (Reserved).
9-9.102 General Definitions.
Amend the definition of Agricultural Accessory Uses in AMC 9-9.102 as follows:
Lot, corner: side and front. A comer lot is located immediately adjacent to the intersection of two
(2) public vehicular rights-of-way, including railroads.
ts"'
FIGURE 9-D: COHVb'H LOT AND KKY LOT