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HomeMy Public PortalAboutOrdinance 920ORDINANCE NO. 920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING TITLE 17 OF THE BEAUMONT MUNICIPAL CODE, ZONING ORDINANCE, AND AMENDING ME OFFICIAL ZONING MAP WHEREAS, the City of Beaumont Planning Staff has prepared a comprehensive revision to Title 17 of the Municipal Code, the City of Beaumont Zoning Ordinance, and a revised Zoning Map; and WHEREAS, the Beaumont City Council on March 20, 2007 adopted a comprehensive update of the Beaumont General Plan; and WHEREAS, California State law requires consistency between General Plan land use designations and policies, and zoning designations and regulations; and WHEREAS, the proposed Zoning Ordinance and Map are consistent with the adopted General Plan; and WHEREAS, the Beaumont Planning Commission conducted a duly noticed public hearing on July 10, 2007 and recommended that the City Council adopt the proposed Zoning Ordinance and Zoning Map; and WHEREAS, the Beaumont City Council conducted a duly noticed public hearing as required by law to review the proposed Zoning Ordinance and Zoning Map; and WHEREAS, the Beaumont City Council , in adopting the Beaumont General Plan on March 20, 2007, certified an Environmental Impact Report in compliance with the California Environmental Quality Act, and this action included the currently contemplated Zoning Ordinance and Zoning Map adoption actions.. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Title 17 of the Beaumont Municipal Code is hereby repealed. SECTION 2: The revised Title 17 of the Municipal Code, entitled Beaumont Zoning Ordinance, attached hereto as Exhibit "A", is hereby adopted to replace the repealed Title 17 of the Municipal Code. SECTION 3: The revised Zoning Map, attached hereto as Exhibit "B", is hereby adopted as the Official Zoning Map of the City of Beaumont. ORDINANCE NO. 920 Page 2 SECTION 4: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City. MOVED, PASSED AND ADOPTED THIS 18th DAY OF September, 2007 by the following vote: AYES: Mayor Fox, Council Members DeForge, Berg, Dressel, and Killough NOES: None ABSTAIN: None ABSENT: None Y 6 R OF r, v yr BEAUMONT Title 11 -Zoning Ordinance Citv of Beaumont, California City of Beaumont 550 East Sixth Street Beaumont, California 92223 Zoning Ordinance Table of Contents Chapter 11.01 -Introduction 17.01.10 Title and Authority 17.01.20 Purpose and Scope 17.01.30 Applicability, Interpretation, and Severability 17.01.40 Authentication 17.01.50 Reserved Chapter 11.02 -Administration and Enforcement 17.02.10 Purpose and Authority 17.02.20 Planning Director Duties and Responsibilities 17.02.30 Planning Commission Duties and Responsibilities 17.02.40 Application Process 17.02.50 Public Hearings 17.02.60 Appeals and Revocations 17.02.70 Plot Plans 17.02.80 Zone Changes 17.02.90 General Plan Amendments 17.02.100 Conditional Use Permits 17.02.110 Variances 17.02.120 Modification of Standards 17.02.130 Enforcement 17.02.140 Reserved Chapter 17.03 -Zoning Map and tone Districts 17.03.10 17.03.20 17.03.30 17.03.40 17.03.50 17.03.60 17.03.70 17.03.80 17.03.90 17.03.100 17.03.110 17.03.120 17.03.130 17.03.140 17.03.150 17.03.160 Purpose and Authority Establishment of Zone Districts Zoning Map Recreation/Conservation Zone (R -C Zone) Residential, Rural Zone (R -R Zone) Residential, Single -Family Zone (R -SF Zone) Residential, Multi -Family Zone (R -MF Zone) Commercial, General Zone (C -G Zone) Community Commercial Zone (C -C Zone) Manufacturing Zone (M Zone) Public Facilities Zone (P -F Zone) Permitted Uses for Base Zone Districts Overlay Zone (0 Zone) Specific Plan Zone (SP Zone) Permitted Uses for Overlay Zones Mineral Resources Overlay Zone Table of Contents Zoning Ordinance Chapter 11.04 -Performance Standards 17.04.10 Purpose and Authority 17.04.20 Applicability 17.04.30 Property Maintenance 17.04.40 Hazardous Materials 17.04.50 Air Quality 17.04.60 Odors 17.04.70 Light and Glare 17.04.80 Solid Waste 17.04.90 Street Improvement Standards 17.04.100 Utilities 17.04.110 Reserved 17.04.120 Reserved Chapter 17.05-011 Street Parking and Loading Standards 17.05.10 Purpose and Authority 17.05.20 Applicability 17.05.30 General Provisions 17.05.40 Parking Requirements for Land Use 17.05.50 Access Requirements 17.05.60 Parking Facility Standards and Dimensions 17.05.70 Parking Improvements 17.05.80 Shared and Remote Parking Chapter 17.06 -Landscaping Standards 17.06.10 Purpose and Authority 17.06.20 Applicability 17.06.30 Landscape and Irrigation Plans 17.06.40 Landscaping Requirements 17.06.50 Street Trees 17.06.60 Trees 17.06.70 Shrubs 17.06.80 Ground Cover 17.06.90 Landscaping Used for Screening 17.06.100 Landscaping Maintenance 17.06.110 Non -conforming Landscaping 17.06.120 Water Conserving Landscaping Chapter 11.07 -Signs 17.07.10 Purpose, Needs, and Goals Interest Served 17.07.20 Objectives 17.07.30 Basic Policies 17.07.40 Categorization of Signs 17.07.50 Definitions 17.07.60 Administration, Permits and Appeals 17.07.70 General Provisions 11 Table of Contents Zoning Ordinance Chapter 11.01 -Signs [continued] 17.07.80 Signs Permitted in All Zones 17.07.90 Signs in Open Space, Residential and Agricultural Zones 17.07.100 Signs in Manufacturing Zones 17.07.110 Signs in General Commercial Zone 17.07.120 Signs in Special Commercial Areas 17.07.130 Sign Regulations for Specific Plan Area Zone 17.07.140 Design Standards for Signs Chapter 17.00 -Nonconforming Uses 17.08.10 Purpose and Authority 17.08.20 Applicability 17.08.30 Restrictions Regarding Non -conforming Uses 17.08.40 Loss of Non -Conforming Status 17.08.50 Non -Conforming Lots 17.08.60 Reserved Chapter 17.09 -Animal Keeping 17.09.10 Purpose and Authority 17.09.20 Applicability 17.09.30 Domestic Animal Keeping 17.09.40 Dangerous and Prohibited Animals 17.09.50 Performance Standards for Pens, Stables, and Other Animal Keeping Uses 17.09.60 Development Standards for Pens, Stables, and Other Animal Keeping Uses 17.09.70 Environmental Management Chapter 17.10 -Residential Density Bonus Requirements 17.10.10 Purpose and Authority 17.10.20 Applicability 17.10.30 Application of the Residential Density Bonus Overlay Zone (R -OB) Zone 17.10.40 Permitted Uses Within the Residential Density Bonus Overlay Zone (R -OB) Zone 17.10.50 Basic Sales Requirements and Special Provisions 17.10.60 Development Standards Applicable to the R -OB Zone 17.10.70 Application Requirements Chapter 17.11 -General Development Standards 17.11.10 Purpose and Authority 17.11.20 Applicability 17.11.30 Lots and Divisions of Land 17.11.40 Site Preparation 17.11.50 Off Site Improvements 17.11.60 Building Permits 17.11.70 Dwellings 17.11.80 Fences and Walls 17.11.90 Acquisition and Use of Public Property III Table of Contents Zoning Ordinance Chapter 17.11 -General Development Standards (continued) 17.11.100 17.11.110 17.11.120 17.11.130 Swimming Pool, SPA and Similar Home Occupations Manufactured Homes on Foundations Mobilehome Parks Chapter 17.12 -Adult Entertainment 17.12.10 Purpose 17.12.20 Definitions 17.12.30 Prohibition 17.12.40 Measurement of Distance 17.12.50 Severability 17.12.60 Signs Chapter 17.13 -Unlicensed Group Domes 17.13.10 Purpose 17.13.20 Special Use Permit Required 17.13.30 Grounds for Denial or Revocation Chapter 17.14-Definidons 17.14.10 Introduction 17.14.20 General Grammatical Interpretation 17.14.30 Definitions (A through Z) iV Table of Contents Chapter 17.01 Introduction City of Beaumont Zoning Ordinance —Title 11 9/18/2007 17.01 Introduction Zoning Ordinance Section Contents Chapter 11.01 Introduction 17.01.10 Title and Authority 17.01.20 Purpose and Scope 17.01.30 Applicability, Interpretation, and Severability 17.01.40 Authentication 17.01.50 Reserved 17.01.10 Title and Authority This Title (Title 17) shall be known as the Zoning Ordinance of the City of Beaumont and may also be referred to hereinafter as the Zoning Ordinance This Zoning Ordinance was adopted pursuant to Article XI, Section 7 of the Constitution of the State of California and was prepared in compliance with the requirements of Title 7 of the Government Code. This Zoning Ordinance is enacted pursuant to the authority vested in the City of Beaumont by the State of California Constitution, the State of California Planning, Zoning, and Development Laws (Government Code Sections 65000 et. seq.), the State of California Subdivision Map Act (Govemment Code Section 66510 et. seq.), and the State of California Health and Safety Code. The City of Beaumont Zoning Ordinance consists of the following: A. Zoning Ordinance. The Zoning Ordinance establishes zoning districts (also referred to as zones) that govern the use of land, indicates standards for structures and improvements that are permitted within the various zones, and establishes procedures for the granting of permits and entitlements. B. Zoning Map. The Zoning Map delineates the boundaries of the zoning districts that are applicable to specific properties within the City. 17.01.20 Purpose and Scope The primary purpose of this Zoning Ordinance is to serve the public's health, safety, and general welfare through the promotion of compatible land uses. Additional objectives of this Zoning Ordinance include the establishment of development standards related to health and safety, the protection and enhancement of the environment, the maintenance of property values, and the enhancement of the City's appearance. 17.01.30 Applicability, Interpretation, and Severability All City departments, officials, and public employees vested with the authority to issue permits or licenses, must comply with the provisions of this Zoning Ordinance. No license or permit for uses or structures that would be in conflict with this Zoning Ordinance shall be issued or otherwise permitted. The following will apply in the interpretation of certain provisions of this Zoning Ordinance: A. Uncertainty in Interpretation. Where uncertainty exists regarding the interpretation of any provision of this Zoning Ordinance, or its application to a specific case or situation, the Planning Director is authorized to interpret the intent of the provision in question. Thereafter, the 17.01-1 17.01 Introduction Zoning Ordinance Planning Director's interpretation shall apply in all similar situations, unless modified by the Planning Commission or City Council, on appeal. B. Abrogation of Other Regulations No provision of this Zoning Ordinance is intended to abrogate or interfere with any deed restriction, covenant, easement, or other legal agreement or any such agreements that are more restrictive than those provisions contained within this Zoning Ordinance. C. Preemption. In those instances where this Zoning Ordinance imposes greater restriction than that required by an existing regulation, this Zoning Ordinance will preempt the existing regulation. The following rules that govern the preemption of any existing code(s) and regulation(s), shall apply: 1. The provisions of this Zoning Ordinance shall not be interpreted to repeal, amend, modify, alter, or change any other code or regulation that was not specifically repealed, amended, modified, altered, or changed. 2. Nothing in this Zoning Ordinance shall be interpreted to authorize the use of a lot or parcel in any manner that is in violation of any other applicable statute, code, or regulation. 3. Whenever the provisions of this Zoning Ordinance are different from the provisions of any other ordinance, regulation, adopted code, the more restrictive provisions shall apply. 4. The rights granted by any permit, license, or other approval under any ordinance repealed by this Zoning Ordinance will be permitted to continue. In the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this Title. D. Severability of this Zoning Ordinance. This Zoning Ordinance is severable in the event that any part, sentence, paragraph, section, or clause is found to be unconstitutional or otherwise invalid. In such instances, the remainder of this Zoning Ordinance shall not be affected. E. Limitations of Land Use. Except as provided in this title, no building shall be erected, reconstructed, or structurally altered nor shall any building or land be used for any purpose except as that specifically permitted in this Zoning Ordinance. 17.01.40 Authentication This Zoning Ordinance shall take effect within thirty (30) days from its adoption by the City Council. 17.01.50 Reserved 17.01-2 17.01 Introduction Chapter 17.02 Administration a Enlorcement City of Beaumont Zoning Ordinance -Title 11 9/18/2007 17.02 Administration and Enforcement Zoning Ordinance Section Contents Chapter 11.02 Administration and Enforcement 17.02.10 Purpose and Authority 17.02.20 Planning Director Duties and Responsibilities 17.02.30 Planning Commission Duties and Responsibilities 17.02.40 Application Process 17.02.50 Public Hearings 17.02.60 Appeals and Revocations 17.02.70 Plot Plans 17.02.80 Zone Changes 17.02.90 General Plan Amendments 17.02.100 Conditional Use Permits 17.02.110 Variances 17.02.120 Modification of Standards 17.02.130 Enforcement 17.02.140 Reserved 17.02.11 Purpose and Authority The purpose of Chapter 17.02 is to outline those activities and/or procedures that will implement this Zoning Ordinance. The purpose of this section of the Zoning Ordinance is to accomplish the following: A. To identify each reviewing and approval authority within the City of Beaumont along with their powers, duties, and related information; B. To identify the steps necessary to obtain the requisite City approvals related to land use and development; C. To establish and identify the procedures for filing applications for permits and other approvals; and, D. To establish and identify the appeal process. 1102.20 Planning Director Duties and Responsibilities The Planning Director shall be responsible for the enforcement of the Zoning Code, and shall have the authority to undertake the activities and duties indicated in this section. A. The Planning Director shall administer the Zoning Ordinance; B. The Planning Director shall consider and approve administrative plot plan applications which are in conformance with applicable zoning standards and which do not require a public hearing; 17.02-1 17.02 Administration and Enforcement Zoning Ordinance C. The Planning Director shall review and make recommendations to the Planning Commission and the City Council on planning applications, land use and planning issues, or other activities as may be directed by the City Council, the Planning Commission, or the City Manager; D. The Planning Director shall assist applicants in the submittal of development applications; and, E. The Planning Director shall review and make recommendations to the Planning Commission and City Council on all applications and any attendant approvals and environmental documents. 17.02.30 Planning Commission Duties and Responsibilities The duties of the Planning Commission are outlined in this section. A. The Planning Commission shall instruct the Planning Director to exercise administrative duties where applicable; B. The Planning Commission shall conduct public hearings to consider and make recommendations to the City Council regarding general plan amendments, zone changes, zone variances, and specific plans; C. The Planning Commission shall conduct public hearing to recommend approval (to the City Council) of all the tentative parcel maps and tentative tract maps; D. The Planning Commission shall consider the appeals of determinations made by the Planning Director regarding site plan reviews, signage plans, and temporary use permits; and, E. The Planning Commission shall conduct public hearings to approve Plot Plans, variances and conditional use permits. Table 17.02-1 identifies the permits and approvals that may be necessary as required by this Zoning Code, as well as approving authority and appeal body. Table 17.02-1 Permit Approval Matrix Application Staff Planning Commission City Council Conditional Use Permit Review Approval Appeal Final Map Review -- Approval General Plan Amendment Review Recommendation Approval Lot Line Adjustment & Parcel Merger Approval Appeal Appeal Administrative Piot Plan Review Approval Appeal Appeal Plot Plan (without EIR) Review Approval Appeal Plot Pian (with EIR) Review Approval Appeal Sign Plans Approval Appeal Appeal 17.02-2 17.02 Administration and Enforcement Zoning Ordinance Modification of Standards Approval c Appeal Appeal Specific Plan Review Recommendation Approval Temporary Use Permit Approval Appeal Appeal Tentative Parcel Map Review Recommendation Approval Tentative Tract Map Review Recommendation Approval Variance Review Approval Appeal Zone Change Review Recommendation Approval Zoning Ordinance Review Recommendation Approval 17.02.40 Application Process Applications for permits, permit modifications, amendments, and other matters pertaining to the Zoning Code, shall be filed with the Planning Department on the appropriate City application form. The following procedures apply to the granting of a development application: A. Submittal Information. All plans, and any other information required by the Planning Department shall be submitted with the application form. Applications shall be completed by the owner(s) of properties, their agents, or other persons who have written authority from the property owner(s) to complete and file the application on the owner's behalf. Any person or authorized representative desiring a permit or approval required by this Title, shall file an application with the Planning Director or the designee on forms provided by the Planning Director. B. Pre-app/kation Meeting. Prior to the filing of an application for any discretionary permit requiring approval by the Planning Commission or City Council, the applicant may request a pre -application conference with the Planning Director or the designee. The purpose of the pre -application conference is to advise the applicant of the development regulations applicable to the property for which the application is being filed and to review any preliminary site plan or other development plans the applicant may have prepared. C. Application is Deemed Completed. No application shall be processed until it is deemed complete by the Planning Director or the designee. No application shall be deemed complete until all required information is provided in the required quantity and format. E. Concurrent Applications. Whenever more than one permit or approval is required for a proposed Project or use, all applications shall be filed and processed concurrently. All such related applications will be reviewed in accordance with the procedures set forth for the application requiring the highest level of review. F. Application Fees Each applicant for a land use action authorized by this Zoning Ordinance shall pay those fees and costs as established by resolution of the City Council. 17.02-3 17.02 Administration and Enforcement Zoning Ordinance G. Re -submittal of Application. Whenever an application or portion of an application has been denied or revoked and the denial or revocation becomes final, no new application for the same or similar request may be accepted within one (1) year of the date of the denial, unless the Planning Director finds that the conditions surrounding the application have sufficiently changed to warrant a new application. Changed conditions shall mean a substantial change in land use on properties in the vicinity, improved infrastructure in the vicinity, altered traffic patterns, or any such similar change resulting in a changed physical environment. 11.02.50 Public Hearings For applications requiring a public hearing, upon accepting an application as complete, the Planning Director shall establish the time and place of the public hearing consistent with the requirements of this Section. The City Council shall have the authority to change the time or place of a hearing. The hearing body for any given matter shall be determined based upon the nature and type of permit as set forth in this Zoning Ordinance. However, in all cases, the hearing shall be held within 30 days of the date on which the application has been accepted as complete, unless a longer time period is required to accommodate the requisite environmental review under the provisions of the California Environmental Quality Act. 17.02.51 Public Hearings, Noticing The procedures for the noticing of public hearings are indicated in this section. A. Newspaper Publication. The notice of the public hearing shall be published in a newspaper of general circulation not less than ten (10) days prior to the date of the hearing, or as prescribed in the California Environmental Quality Act where relevant. The notice shall include the time, place, and identity of the hearing body or officer, the nature of the application, the application number, and the location of the property under consideration. B. Notice to Surrounding Properties Notice shall be given to all owners of property located within the designated radius of the exterior boundaries of the subject property pursuant to the requirements of the State of California Planning and Zoning Development Law. C. Additional Notice. Additional notice of the hearing shall be provided in accordance with procedures established by the Planning Commission and as may be required under the California Environmental Quality Act. 17.02.52 Public Hearing, Evidence of Noticing When notice of a public hearing is given, the documentation indicated in this section shall be deemed sufficient to serve as proof that such notice was given. A. Affidavit of Publication Required. When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made is required. B. Affidavit of Mail Delivery Required. When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery must be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to which the mailing/delivery was made. C. Failure to Comp/y. Failure to send notice to any property owner whose address is not on the most recent roll of the Riverside County Assessor shall not invalidate any of the proceedings. 17.02-4 17.02 Administration and Enforcement Zoning Ordinance 11.02.53 Public Hearing, Procedures The conduct of the public hearing(s) must include the following elements identified in this section. A. Discretionary Review. At the public hearing, the authorized hearing body shall review the application and any pertinent materials submitted with the application, and any report prepared by the Planning Director or his designee based on City staff's investigation of the application. B. The Applicant's Rights at Pub//c Hearing. During any public hearing, the applicant for the application shall have the right to be represented to provide testimony and to present evidence. C. The Publics Rights at Public Hearing. All other persons shall have the right to comment on any relevant aspect of the application under consideration. D. Discretionary Aclion. Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue, or take under advisement, the subject of the public hearing. E. Continuation of Public Hearing. If the action is taken to continue the item being considered or to take the matter under advisement, before adjournment or recess, the person presiding at the public hearing shall publicly announce the time and place to which the hearing will be continued. No further notice shall be required. F. Fina/ Decision. The decision of the hearing body shall be considered final unless a decision is appealed. In all cases, the City Council shall represent the final authority. 17.02.60 Appeals and Revocations An applicant is afforded the right to appeal and decision made by the Planning Director and/or the Planning Commission. The appeals procedures are indicated in this section. A. Appeal of Planning Directors Decision. Decisions of the Planning Director, authorized by this Zoning Ordinance, may be appealed to the Planning Commission. All such appeals shall be filed in writing with the Secretary of the Planning Commission. B. Appeal of Planning Commission Decision. All actions and decisions of the Planning Commission, authorized by this Zoning Ordinance, may be appealed to the City Council. All such appeals shall be filed in writing with the City Clerk. C. Persons Eligible to File an Appeal. Any person may appeal a decision or action of the Planning Director or Planning Commission, in accordance with the terms of this Zoning Ordinance. D. Time Limit for Filing an Appeal. All appeals must be filed within fifteen (15) calendar days of the date of the rendering of the decision. If the fifteenth (15th) day occurs on a holiday or weekend, the appeal period shall be extended to the next City workday. No appeal shall be accepted after the appeal period has expired. E. Appeals Form. All appeals must be submitted in writing on the appropriate form provided by the City. The appeal must specifically state the grounds for the appeal and instances in which the review body erred in reaching the particular determination subject to the appeal. F. Payment of Fees A fee shall be paid concurrent with filing of the appeal in accordance with the fee schedule established by resolution of the City Council. 17.02-5 17.02 Administration and Enforcement Zoning Ordinance G. Scheduling of Public Hearing. Within fifteen (15) days upon receipt of an appeal, the Planning Commission Secretary (in the case of an appeal of a Planning Director decision) or the City Clerk (in the case of an appeal of a decision by the Planning Commission) shall set the matter for public hearing. The hearing shall be noticed as provided for in Section 17.42. H. Findings All actions to affirm, reverse, or modify in whole or part any decision of the Planning Director or Planning Commission shall be made with supporting findings for the affirmation, reversal, or modification. 17.02.61 Revocations and Right of Revocation Upon determination that there has been a violation of the terms or conditions of any permit or approval granted under this Zoning Ordinance; or if a determination is made that a permit or approval was obtained by deception or fraud, or represents a public nuisance; or the use subject to the approval no longer exists; or the permit or approval has not been activated in accordance with the terms of this Title 17, the Planning Director shall have the authority to initiate revocation proceedings. A. Public Hearing Required for Revocation. The Planning Director shall schedule a hearing before the Planning Commission for the purpose of considering revocation of the permit or approval. In the case where the Planning Commission's original action consisted of a recommendation to the City Council, the Planning Commission's action on the revocation shall also consist of a recommendation to the City Council, and the City Council shall have the authority to revoke the permit or approval. B. Written Notice to Permittee. At least thirty (30) days prior to the revocation hearing, the permittee (the owner of the property, use, or business subject to the revocation) subject to the revocation hearing shall be given written notice of the City's intent to conduct the hearing. The notice to the permittee shall be served either in person or by registered mail, return receipt requested. C. Pubic Notce. At least ten (10) days prior to the revocation hearing, public notice of the hearing shall be given in the same manner as was required for the original permit or approval. D. Evidence in Support of Motion. At the hearing, the Planning Director shall present evidence supporting the motion for the revocation of the permit or approval. The permittee shall be given the opportunity to present reasons why the permit or approval shall not be revoked. E Preparation of Findings The Planning Commission or City Council shall make a decision regarding the revocation based upon the information presented at the hearing and shall within thirty (30) days of the hearing make findings and report its decision in writing. A copy of the decision shall be mailed via certified mail, or similar method providing proof of delivery, to the party whose permit is being revoked. 17.02.70 Plot Plans A Plot Plan permit shall be required of any party proposing to establish a new land use, or to assume an existing use, consistent with the zoning of the proposed location of the use, prior to the use and occupancy of any property for such land use. The purpose of a Plot Plan permit is to implement the provisions of the Zoning Ordinance and to protect the character and integrity of residential, commercial and industrial areas in the City. Plot Plan applications shall be processed by the Planning Director and 17.02-6 17.02 Administration and Enforcement Zoning Ordinance shall entail a review of the configuration, design, location and impact of the proposed use by comparing the use to established standards and design guidelines in order to determine whether the permit should be approved. The Planning Director is empowered to grant and deny Administrative Plot Plan applications for projects which entail use and occupancy of existing facilities and to impose reasonable conditions upon the granting of such permits. The Planning Commission is empowered to grant and deny Plot Plan applications for projects, and to impose reasonable conditions upon the granting of such permits. A. Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a Plot Plan permit. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply prior to acceptance of any application. B. Type of Plot Plan Application. The Planning Director shall determine the type and scope of application required of any applicant for a proposed use. 1. An Administrative Plot Plan application, not requiring a public hearing, shall be required for the following: a. Occupancy or assumption of an existing use or business which conforms to this Zoning Ordinance. b. Site plans for a single family dwelling unit on an existing legal lot and other residential projects with two to four dwelling units on one legal lot. c. Development plans that are exempt from the California Environmental Quality Act. d. Model home complexes and temporary real estate sales offices used exclusively for the first sales of homes. 2. A Plot Plan application, requiring a public hearing conducted by the Planning Commission, shall be required for the following: a. Any use which is subject to the provisions of the California Environmental Quality Act. b. Any use which exceeds the limitations applicable to the Administrative Plot Plan application process, as set forth in this Zoning Ordinance (Section 17.02,70(B)I). C. Filing of Application. The application shall be filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.40). D. Review of Application by Planning Director The Planning Director or his designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate. For Administrative Plot Plan applications, the Planning Director shall render a decision in writing without notice or hearing. For Plot Plan applications, the Planning Director or his designee shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the applicant prior to any scheduled public hearing on the application. 17.02-7 17.02 Administration and Enforcement Zoning Ordinance E. Planning Commission Public Hearing. For plot plans acted upon in accordance with Section 17.020.70(B)3, a public hearing of the Planning Commission shall be noticed and conducted pursuant to the provisions of this Zoning Ordinance (Section 17.02.51). At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed use and the proposed conditions under which it would be operated and maintained, particularly with respect to the findings prescribed in Subsection I of this section (Required Findings). F. Planning Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.60 Appeals and Revocations). G. Findings of Approval. The Planning Commission may approve and/or modify a Plot Plan permit in whole or part, with or without conditions, provided that all of the following findings of fact are made: 1. The proposed use is permitted, or is substantially similar to a use permitted, within the subject zone and complies with the intent of all applicable provisions of this Zoning Ordinance; 2. The proposed use is consistent with the objectives, policies, general land uses and programs of the general plan and any applicable specific plans; 3. The subject site is physically suitable for the type and intensity of the proposed land use; 4. The location, size, design and operating characteristics of the proposed use is compatible with existing land uses within the general area in which the proposed use is located; 5. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed land use would not be detrimental to the public convenience, health, safety or general welfare; 6. The approval of the Plot Plan permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and there would be no significant adverse impacts upon environmental quality and natural resources that cannot be reasonably mitigated and monitored. H. Imposition of Conditions of Approval. In granting a permit, the Planning Director or Planning Commission may impose such conditions as deemed necessary to ensure that the public health, safety and general welfare are protected and that the proposed use is not a detriment to the community. All conditions shall be binding upon the applicant, heirs, successors, or assignees. I. Plot Plan Time Limits The grantee of a Plot Plan permit shall have one (1) year from the effective date of the permit to establish a right to use the permit; otherwise, the Plot Plan permit shall lapse and become void. For the purposes of this section, such a right shall be established if either: 17.02-8 17.02 Administration and Enforcement Zoning Ordinance 1. A building permit has been issued and construction commenced and diligently pursued towards completion of the project. 2. In the event that no building permit is required, a certificate of occupancy and/or business license has been issued for the use. J. Plot P/an Lapse in Time. A Plot Plan permit subject to lapse may be renewed up to one (1) additional year, provided that the applicant files an application for renewal with the Planning Director prior to the expiration date, and subject to consideration in a public hearing. 17.02.88 lone Changes In recognition of that fact that physical, economic, and other conditions in the City may change over time, provisions are hereby made to allow for amendments to the Zoning Map and Zoning Ordinance text in accordance with the procedures outlined in this Section. All such changes of zone or zoning ordinance text amendments shall be adopted in the manner in which other City ordinances are adopted. A. Prov/ding Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate applications for a change of zone or zoning ordinance text amendment. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply prior to the acceptance of any application. B. Zone Changes for Properties Under Multiple Ownership. In the case of a change of zone application, if the property for which the change of zone is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application. C. City Council Initiated Zone Change. The City Council may initiate an application to change the boundaries of any zone district or to amend the text of the zoning ordinance. D. Planning Commission Public Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of this Chapter 17.02 (Sections 17.02.51 to 1702.53). E. Recommendation of Zone Change by Planning Commission. The Planning Commission shall recommend to the City Council approval, approval with modifications, or denial of the proposed application. The Commission's recommendation shall be transmitted to the City Clerk for scheduling the matter for consideration by the City Council. F. Denial of Zone Change by Planning Commission. Upon receipt of a Planning Commission recommendation for denial of a change of zone, the City Clerk shall place the Commission's recommendation on the City Council agenda as a receive -and -file item. The Commission's decision shall be considered final and no further action by the Council will be required unless an appeal is filed in accordance with the provisions of this Zoning Ordinance (17.02.60, Appeals), or unless the Council chooses to set the matter for hearing. G. City Council Public Hearing. Upon receipt of a Planning Commission resolution recommendation for approval of a change of zone or zoning ordinance amendment, or denial of a zoning ordinance text amendment, the City Clerk shall set the matter for hearing before the City. At the 17.02-9 17.02 Administration and Enforcement Zoning Ordinance hearing, the City Council shall review the Commission's recommendation and receive evidence as to how or why the proposed change of zone or zoning ordinance text amendment is consistent with the objectives of this Zoning Ordinance, the City of Beaumont General Plan, and development policies of the City. The City Council shall act to approve or deny the application by resolution. H. Referral of Matter Back to the Planning Comm/ss/on. If the Council proposes any substantial modification to the application not previously considered by the Planning Commission, the Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Commission to act within 40 days of receiving the Council's request shall provide the Council with authority to act without the Commission's recommendation. I. Approval of Zone Change by City Council. The City Council shall be required to make the following findings of fact before approving a change of zone or zoning ordinance text amendment: 1. That the proposed change of zone or zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan; and 2. That the proposed change of zone or zoning ordinance text amendment will not adversely affect surrounding properties; and 3. That the proposed change of zone or zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this zoning Ordinance. 17.02.90 General Plan Amendments This Section (17.02.80) is established pursuant to Section 65358 of the California Government Code, to allow for the amendment of the City of Beaumont General Plan. A. Providing Proof of Vested Interest. Applications to amend the General Plan text or maps may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply, prior to the acceptance of any application. B. General P/an Amendments for Properties Under Multiple Ownership. In the case of a proposed amendment to the General Plan land use policy map, if the property for which the amendment is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application. C. City Council Initiated General P/an Amendment. The Planning Director and/or City Council may initiate an application to amend the General Plan. D. Planning Commission Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Section 17.02.51. At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Title 17, the balance of the General Plan, and development policies of the City. 17.02-10 17.02 Administration and Enforcement Zoning Ordinance E. Planning Commission Action. The Planning Commission shall act to recommend to the City Council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with modifications. The Planning Commission's action shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for public hearing before the City Council. G. City Council Public Hearing. Upon receipt of a Planning Commission resolution, the City Clerk shall set the matter for hearing before the City Council as provided for in Section 17.42 (Public Hearings). At the hearing, the City Council shall review the Commission's recommendation and may receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Zoning Ordinance, the balance of the General Plan, and development policies of the City. H. City Council Action. The City Council shall act to approve or deny the application. A majority vote of the entire Council is required to amend the General Plan. The City Council's action to amend the General Plan shall be by formal resolution. I. Referral of General Amendment to the Planning Commission. If the City Council proposes any substantial modification to the application not previously considered by the Planning Commission, the City Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Planning Commission to act within forty (40) days of receiving the City Council's request shall provide the City Council with authority to act without the Planning Commission's recommendation. ). Required Findings Prior to approving a General Plan amendment, the City Council shall make the following findings: 1. That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment; 2. That the proposed amendment is consistent with the other goals, policies, and objectives of the General Plan; 3. That the proposed amendment will not conflict with provisions of the zoning ordinance or subdivision regulations; and 4. In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties. 17.02.100 Condltionai Use Permits The City recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The Conditional Use Permit is provided for this purpose. The Planning Commission is empowered to grant and deny applications for Conditional Use Permits and to impose reasonable conditions upon the granting of such permit. A. Provid/ng Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a Conditional Use Permit. The 17.02-11 17.02 Administration and Enforcement Zoning Ordinance authorized agent of any person with a legal vested interest may also initiate an application. Planning Director may request proof of ownership or authorization to apply prior to the acceptance of any application. B. Scope ofApp//cation. Applications for Conditional Use Permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A Conditional Use Permit is not a substitute for a change of zone or zoning ordinance text amendment. C. Filing of Application. The application shall be filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.40). D. Review of Application by Planning D/rector. The Planning Director or his designee, shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the Planning Commission and the applicant prior to any scheduled public hearing on the application. E. Planning Commission Public Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of this Zoning Ordinance (Section 17.02.51). At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in subsection G of this section (Required Findings). F. Planning Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.60 Appeals and Revocations). G. Findings of Approval. The Planning Commission may approve and/or modify a Conditional Use Permit in whole or in part, with or without conditions, provided that all of the following findings of fact are made: 1. The proposed use is one conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this Zoning Ordinance; 2. The proposed use would not impair the integrity and character of the zone in which it is to be located; 3. The subject site is physically suitable for the type of land use being proposed; 4. The proposed use is compatible with the land uses presently on the subject property; 5. The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located; 6. There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; 17.02-12 17.02 Administration and Enforcement Zoning Ordinance 7. There would be adequate provisions for public access to serve the subject proposal; 8. The proposed use is consistent with the objectives, policies, general land uses, and programs of the City of Beaumont General Plan; 9. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare; and 10. The proposed design and elevations preserve and maximize the image, character, and visual quality of the neighborhood. 11. The Planning Commission shall find that the proposed use does not have a disproportionately high and adverse human health or environmental effect on minority and low-income populations. 12. This subsection G shall apply only to the uses identified in Chapter 17.03. This subsection shall not invalidate any conditional use permit for an operating facility, but shall be complied with prior to issuance of a building permit for all projects for which no building permit has been issued upon the effective date of this provision. H. Imposition of Conditions of Approval. The following provisions shall apply with respect to the imposition of conditions of approval: 1. In granting a Conditional Use Permit, the Planning Commission may impose such conditions as it deems necessary to ensure that the public health, safety, and general welfare are protected and that the proposed operation is not a detriment to the community. 2. All conditions shall be binding upon the applicant, heirs, successors, or assignees and shall restrict the construction, location, maintenance, and use of all land within the development. 3. A deed restriction may be recorded with the County Recorder of Riverside County, as approved by the city attorney, regarding the conditions of this section and other requirements of the Conditional Use Permit. I. Condition/ Use Permit, Attachment, Suspension, and Revocation. A conditional Use Permit that is valid and in effect and granted pursuant to the provisions of this Title 17 shall be valid only on the property for which it was granted and shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property. The Planning Director shall have the authority to initiate proceedings to suspend or revoke a Conditional Use Permit pursuant to provisions set forth in Section 17.02.65. 3. Condition/ Use Perm/t Time Limits The grantee of a Conditional Use Permit shall have one (1) year from the effective date of the permit to establish a right to use the permit; otherwise, the Conditional Use Permit shall lapse and become void. For the purposes of this section, such a right shall be established if either: 1. A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Conditional Use Permit was approved; or 17.02-13 17.02 Administration and Enforcement Zoning Ordinance 2. In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Conditional Use Permit was approved; or 3. In the event no building permit or occupancy is required, the site for which the Conditional Use Permit was approved is occupied and used for the permitted purpose; or 4. Prior to the date on which the Conditional Use Permit will elapse, the grantee files an application to renew the permit pursuant to subsection K below. K. Conditional Use Permit Lapse in Time. A Conditional Use Permit subject to lapse may be renewed up to an additional one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date. A public hearing before the Planning Commission shall be required. L. Conditional Use Permit Renewal. The Planning Commission may grant or deny an application for renewal of a Conditional Use Permit. As part of its action, the Commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the Conditional Use Permit and surrounding properties. M. Lapsing in Conditional Use Permit. If any Conditional Use Permit fails to be actively exercised for a continuous 180 -day period, the permit shall lapse and become void. 17.02.110 Variances The Variance procedure is provided pursuant to Section 65906 of the California Government Code to grant relief from zoning provisions when, because of special circumstances applicable to a property, including size, shape, topography, location, or surroundings, the strict application of this zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification. A. Limitations in Variances Variances shall not be granted to authorize a use or activity on a property that is not otherwise expressly authorized by the provisions of this zoning ordinance governing that property. A Variance is not a substitute for a zone change, zone text amendment, or Conditional Use Permit. Financial hardship in and of it does not represent grounds on which to file a Variance application to gain relief from zoning provisions. B. Providing Proof of Vested Interest: Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a Variance. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply prior to the acceptance of any application. C. Notice of Public Hearing. An application shall be filed pursuant to the provisions of Section 17.02.51. D. Filing ofApp/icat/on. In addition to the application filing requirements established in this Zoning Ordinance, the applicant shall file a statement of the precise nature of the Variance requested and the practical difficulty or unnecessary physical hardship that would result from the strict or literal interpretation of this ordinance, together with any other data pertinent to the application and the making of requisite findings (Section 17.02.40). 17.02-14 17.02 Administration and Enforcement Zoning Ordinance E. Review of Application by Planning Directoi The Planning Director shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the Planning Commission and the applicant prior to any scheduled public hearing on the application. F. Public Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of this Zoning Ordinance (Section 17.02.51). At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed Variance and the conditions which make compliance with specific provisions of this ordinance difficult. G. P/ann/ng Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Section 17.02.60 (Appeals and Revocations). H. Findings of Approval. In granting a Variance, the Planning Commission must make all of the following findings: 1. That the strict or literal interpretation and application of this Zoning Ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Zoning Ordinance, or would deprive applicants of privileges granted to others in similar circumstances; and 2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended development of the property that do not apply generally to other property in the same zone; and 3. That the granting of such Variance will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone; and 4. That the granting of such Variance will not be materially detrimental to the public health, safety, or general welfare nor injurious to property or improvements in the zone or neighborhood in which the property is located; and 5. That the granting of such Variance will not create any inconsistency with any objective contained in the General Plan. I. Imposition ofCondidons of Approval. A variance that is valid and in effect and granted pursuant to the provisions of this Zoning Ordinance shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property. 3. Conditions of Approval will be Binding. The Planning Director shall have the authority to initiate proceedings to suspend or revoke a Variance pursuant to provisions set forth in Section 17.02.65. 17.02-15 17.02 Administration and Enforcement Zoning Ordinance K. Time Omits. The grantee of a Variance shall have one (1) year from the effective date of the approval to establish a right to use the approval; otherwise, the Variance shall lapse and become void. For the purposes of this section, such a right shall be established if either: 1. A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Variance was approved; or 2. In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Variance was approved; or 3. In the event no building permit or occupancy is required, the site for which the Variance was approved is occupied; or 4. Prior to the date on which the Variance will elapse, the grantee files an application to renew the permit pursuant to subsection L below. L. A Variance subject to lapse may be renewed up to an additional one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date. M. The Planning Commission may approve or deny an application for renewal of a Variance. As part of its action, the Commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the Variance and surrounding properties. 17.02.120 Modlflcatlon of Standards The Modification of Standards procedure is established to grant minor relief from development standards, under limited circumstances, when the granting of such relief will provide for better design and function of the structure, or addition to a structure, proposed. A. Use of Modification of Standards An application for the purposes of this Title 17.02.110, a Modification of Standards application shall be filed whenever any one of the following deviations from the provisions of this Title 17 is proposed: 1. A decrease of not more than twenty (20) percent of the minimum required setback area. 2. An increase of not more than ten (10) percent of the maximum permitted building height. 3. Any deviation in the permitted maximum height or location of a fence or wall. 4. An increase of not more than ten (10) percent of the maximum permitted lot coverage. 5. Modifications in excess of those cited in subparagraph A through D above shall require a Variance. B. Modification of Standards, Initiation. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a Modification of Standards. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply prior to the 17.02-16 17.02 Administration and Enforcement Zoning Ordinance acceptance of any application. In addition to the application filing requirements, the applicant shall file a statement of the precise nature of the Modification of Standards requested and reasons for the request. C. Planning Director Investigation. The Planning Director or the designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The Planning Director may request written statements from adjoining property owners who may be affected by the proposed application. D. Planning Director Action. Based on the investigation undertaken pursuant to C above, the Director or designee shall act to approve, approve with conditions, or deny the Modification of Standards application. In granting a Modification of Standards, the Director or designee shall make findings of fact that establish the circumstances appropriate for the approval. Action on a Modification of Standards application shall be taken within ten (10) days of the date the application is deemed complete. E. Modification of Standards Findings An application shall not be granted unless all of the following findings can be made: 1. A modification is needed to allow property to be used in a more beneficial manner; and 2. A modification would not be detrimental to public health, safety, or general welfare or to surrounding property owners or the community; and 3. The granting the modification would not grant special privileges to the applicant not enjoyed by surrounding property owners; and 4. There are physical circumstances due to the shape or condition of the property which would result in hardship under existing regulations; and 5. The purpose of modification is not based exclusively on the financial advantage of the owner; and 6. The alleged difficulties were not created by the owner; and 7. The modification would not diminish property values in the area; 8. The modification would not increase traffic or endanger public safety; and, 9. The modification would not have detrimental effects on adjoining properties. F. Modification of Standards, Attachment, Revocation, and Suspension. A Modification of Standards that is valid and in effect and granted pursuant to the provisions of this Zoning Ordinance shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property. The Planning Director shall have the authority to initiate proceedings to suspend or revoke a Modification of Standards pursuant to provisions set forth in Section 17.02.65. 17.02-17 17.02 Administration and Enforcement Zoning Ordinance G. Modification of Standards, Time Limits The grantee of a Modification of Standards shall have one (1) year from the effective date of the approval to establish a right to use the approval; otherwise, the approval shall lapse and shall become void. For the purposes of this section, such a right shall be established if either: 1. A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Modification of Standards was approved; or 2. In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Modification of Standards was approved; or 3. In the event no building permit or occupancy is required, the site for which the Modification of Standard was approved is occupied; or 4. Prior to the date on which the Modification of Standards will elapse, the grantee files an application to renew the permit pursuant to subsection 5 below. 5. A Modification of Standards approval subject to lapse may be renewed for an additional one- year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date. H. Approval or Denial of Application. The Planning Director may approve or deny an application for renewal of a Modification of Standards. As part of the action, the Director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the Modification of Standards and surrounding properties. 17.02.130 Enforcement This section outlines the procedures to ensure that the provisions of this Title are enforced. A. Special Prosecutor Responsibilities The Special Prosecutor, upon the request of the City Council, shall institute any necessary legal proceedings to enforce this Zoning Ordinance (Title 17). The Special Prosecutor shall be authorized, in addition to any other remedy provided in this Zoning Ordinance to institute an action for an injunction to restrain or any other appropriate action or proceedings for enforcement. B. C/arif/cat/on of Ambiguity. If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this Zoning Ordinance, or if ambiguity exists with respect to matters of height, yard requirements, area requirements, or zone boundaries as set forth herein, it shall be the duty of the Planning Director to ascertain all pertinent facts, and to set forth in writing the findings and the interpretations. The Director can refer the matter to the Planning Commission as a scheduled matter not requiring public hearing, and the findings and interpretations of the Planning Commission shall be set forth in the recorded minutes. Thereafter, such interpretations shall govern. C. Enforcement and Penalty for Violation. The Planning Commission, the Planning Director, the City Attorney, the City Clerk, and all officials charged with the issuance of licenses or permits shall enforce the provisions of this Zoning Ordinance. Any permit, certificate, or license issued in conflict with the provisions of this Zoning Ordinance shall be void. 17.02-18 17.02 Administration and Enforcement Zoning Ordinance D. Actions Deemed a Nuisance. Any building or structure erected or maintained, or any use of property contrary to the provisions of this Zoning Ordinance shall be declared to be unlawful and a public nuisance, subject to abatement pursuant to the City of Beaumont Municipal Code. E. Remedies. All remedies concerning this Zoning Ordinance shall be cumulative and not exclusive. Conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, and shall not prevent the enforced correction or removal thereof. 17.02.140 Reserved 17.02-19 17.02 Administration and Enforcement Zoning Ordinance This page has been intentionally left blank. 17.02-20 17.02 Administration and Enforcement Chapter 11.03 toning Map a Zone Districts City of Beaumont Zoning Ordinance —Title 17 9/18/2007 17.03 Zoning Map & Zone Districts Zoning Ordinance Section contents Chapter 17.03 Zoning Map and Zone Districts 17.03.10 Purpose and Authority 17.03.20 Establishment of Zone Districts 17.03.30 Zoning Map 17.03.40 Recreation/Conservation Zone (R -C Zone) 17.03.50 Residential, Rural Zone (R -R Zone) 17.03.60 Residential, Single -Family Zone (R -SF Zone) 17.03.70 Residential, Multiple -Family Zone (R -MF Zone) 17.03.80 Commercial, General Zone (C -G Zone) 17.03.90 Community Commercial Zone (C -C Zone) 17.03.100 Manufacturing Zone (M Zone) 17.03.110 Public Facilities Zone (P -F Zone) 17.03.120 Permitted Uses for Base Zone Districts 17.03.130 Overlay Zone (0 Zone) 17.03.140 Specific Plan Zone (SP Zone) 17.03.150 Permitted Uses for Overlay Zones 17.03.160 Mineral resources Overlay Zone 17.03.10 Purpose and Authority The purpose of this Chapter 17.03 is to accomplish the following: • To implement the Community Development Element of the City of Beaumont General Plan and the Land Use Policy Map; • To identify and describe the land use designations delineated on the City of Beaumont Official Zoning Map; • To indicate the development standards for each of the Zone Districts; and • To identify the range of uses permitted within each Zone District. 17.03.20 Establishment of Zone Districts For the purpose of providing a uniform basis for this Zoning Ordinance, the following zone classifications may be applied to those parcels located within the corporate boundaries of the City of Beaumont: Recreation/Conservation Zone (R -C Zone) Residential, Rural Zone (R -R Zone) Residential, Single Family Zone (R -SF Zone) Residential, Multiple -family Zone (R -MF) Commercial, General Zone (C -G Zone) Community Commercial Zone (C -C Zone) Manufacturing Zone (M Zone) 17.03-1 17.03 Zoning Map & Zone Districts Zoning Ordinance Public Facilities Zone (P -F Zone) Overlay Zones (0 Zone) Specific Plan (SP Zone) 17.03.30 Zoning Map The location and boundaries of the various zones are delineated on the Zoning Map of the City of Beaumont. All property within the City, public and private, is assigned a specific Zone designation and its location and extent is noted on the official Zoning Map. The use of all property must be in accordance with the Zoning designations delineated on the Zoning Map and pursuant to the provisions of this Zoning Code. A. Use of Zoning Map and Classifications The requirements that are applicable to each Zone classification is specifically set forth in subsequent articles of this ordinance. B. Uncertainty in Cartography. Where uncertainty exists as to the boundaries of any zone, the following rules shall apply: 1. Cartography. Where boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries. 2. Easements and Rights -of -Way. Dedicated streets, alleys, freeways, or railroad rights-of-way shall be deemed to be unclassified. 3. Vacated or Abandoned Property. If any public street, alley or other right of way is vacated or abandoned, the land formerly in such street, alley or right of way shall be included within the Zoning of the adjoining property on each side. 4. Amendments to the OfcialZon/ng Map. Changes in boundaries of Zones shall be made by ordinance (as described in Section 17.02). All amendments to the Zoning Map shall be noted on the Map with the date of the amendment and references to the amending ordinance. 17.03.40 Recreatlon/Conservatlon Zone IR -C Zonal The Recreation/Conservation Zone is intended to include and recognize the flowing uses: water course and watershed areas, public and private park lands, cemeteries, natural resource lands, wildlife preserves, and publicly owned dedicated scenic and open space areas. This Zone is also intended to provide for permanent open space in specific areas by limiting development in areas where natural hazards are present that might endanger the health, safety, and welfare of residents from possible flood, subsidence, erosion, or seismic activity. A. Recreation/Conservation Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-1 of this Section. B. Recreation/Conservation Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-1 of this Section. Such uses require the approval of a Conditional Use Permit. 17.03-2 17.03 Zoning Map & Zone Districts Zoning Ordinance C. Recrealron/Conservation Zone, Development Standards The following standards shall apply to the Recreation/Conservation Zone (R -C Zone): 1. Lot Area and Dimension. No minimum or maximum lot area standards are applicable to this Zone. 2. Setbacks and Yards All yards and other structural standards other than height shall be specified in connection with, and as a part of, the issuance of a Plot Plan or Conditional Use Permit for structural development. 3. Building Height. In the RC Zone the maximum height of any building shall not exceed two (2) stories of thirty-five (35) feet, whichever is Tess. D. Recreation/Conservation Zone, Off Street Parking. Automobile storage space shall be provided as indicated herein in Section 17.05. E. Recreation/Conservation Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Recreation/Conservation Zone, Signs The provisions of Chapter 17.07 of this ordinance shall apply. 17.03.60 Residential, Rural Zone [RR Zonal The Residential, Rural Zone (R -R Zone) is intended to provide for and encourage the development of agriculturally -oriented low density residential development to take advantage of the rural environment. A. Residential, Rural Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Residential, Rural Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a Conditional Use Permit. C. Residential, Rural Zone, Development Standards. The following standards shall apply to the Residential, Rural Zone (R -R Zone): 1. Lot Area and Dimension. The Lot sizes shall not be Tess than eight thousand (8,000) square feet with a minimum average lot depth of 100 feet, and a minimum lot width of eighty (80) feet. 2. Setbacks and Yards. Minimum yard requirements shall be twenty-five (25) -feet for the front yard, ten (10) feet for the side yard, and twenty (20) feet for the rear yard. 3. Building Height In the R -R Zone the maximum height of any building shall not exceed two (2) stories of thirty-five (35) feet, whichever is Tess. D. Residential, Rural Zone, Off Street Park/ng. Automobile storage space shall be provided as indicated herein in Section 17.05. 17.03-3 17.03 Zoning Map & Zone Districts Zoning Ordinance E. Residential, Rural Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Residential, Rural Zone, Signs The provisions of Chapter 17.07 of this ordinance shall apply. 17.03.61 Residential, Single -Family Zone IR -SF Zone] The Residential, Single -Family Zone (R -SF Zone) is intended to protect established neighborhoods of one - family dwellings and to provide space in suitable locations for additional Residential, Single -Family development. A. Residential, Single -Family Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Residential, Single -Family Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a Conditional Use Permit. C. Residential, Single -Family Zone, Development Standards The following standards shall apply to the Residential, Single -Family Zone (R -SF Zone): 1. Lot Area and Dimension. The minimum lot area for lots within this zone is seven thousand (7,000) square feet. 2. Setbacks and Yards. The following setback requirements are applicable to the Residential, Single -Family Zone (R -SF Zone): a. Front Yard Setbacks The minimum front yard setback is twenty (20) feet for single level structures and twenty (20) feet for two level structures. In no event shall a residence be situated in such a manner as to result in a distance of less than twenty (20) feet between the back of a sidewalk and the face of a garage door. b. Rear Yard Setbacks. The minimum rear yard setback for single level structures is twenty (20) feet except for those interior lots that border on an alley. A minimum rear yard setback of five (5) feet is permitted for an accessory structure used for enclosed parking. The minimum rear yard setback for a two level residential structures is twenty (20) feet. c. Side Yard Setbacks. Interior side yard setbacks shall not be less than five (5) feet on each side except that on interior lots of seventy (70) feet or greater in width, side yard setbacks shall be at least five (5) feet in width on one side and ten (10) feet in width on the other side. Two story residences shall have a ten (10) foot side yard setback regardless of parcel width. Corner lots shall have a street side yard of at least ten (10) feet from each side yard property line. d. Setbacks for Accessory Structures. Accessory structures, including second and guest units (as may be permitted by this Ordinance), detached garages, outbuildings, sheds, gazebos, and patios, shall comply with the front and side setback regulations applicable to the R -SF Zone. Such structures may be located in the rear yard areas subject to the following limitations: 17.03-4 17.03 Zoning Map & Zone Districts Zoning Ordinance 1. The height of any accessory structure shall not exceed the height of the principal residence on the site. 2. Single -story accessory structures shall be located a minimum of ten (10) feet from the principal residential structure; two-story accessory structures shall be located a minimum of twenty (20) feet from the principal residential structure. 3. A minimum rear setback of ten (10) feet shall be maintained for any accessory structure. 4. An accessory structure, or the total of all accessory Structures, shall in no event occupy more than twenty-five (25) percent 3. Building Height. In the Residential, Single -Family Zone (R -SF Zone), the maximum height of any building shall not exceed thirty-five (35) feet or two stories, whichever is less. D. Guest Units Accessory units, both guest and rental units, shall not exceed the floor area or the height of the main unit. In addition, all accessory units must be connected to sewer and shall be provided with individual sewer connections. Accessory units shall be detached from the main unit by a minimum distance of ten (10) feet and located in such a fashion so it is concealed from public view. All accessory units that are rental units must provide a minimum of two (2) parking spaces. Ys Table 1?.03.1 for Residential, Sin gle Family vet e Front Yard 20 ft. 20 ft. Rear Yard 20 ft. for interior lots 5 ft. for accessory structures used exclusively for parking 20 ft. Side Yard 5 ft. for interior lots < 70 ft. in width 10 ft. on one side and 5 ft. on the other side for interior lots >70 ft. in width 10 ft. for comer lots (street side yard) 10 ft. E. Residential, Single -Family Zone, Off Street Parking. Automobile storage space shall be provided as indicated herein in Section 17.05. F. Residential, Single -Family Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. G. Residential, Single -Family Zone, Signs The provisions of Chapter 17.07 of this ordinance shall apply. 17.03-5 17.03 Zoning Map & Zone Districts Zoning Ordinance 11.03.10 Residential, Multiple -Family Zone (R -MF Zone) The Residential, Multiple -Family Zone is intended to protect established medium density and high-density residential development in the City, and to facilitate further development of this land use type. This includes higher density housing that includes condominiums, town -homes, duplexes, patio apartments, senior housing and supporting ancillary facilities. A. Residential, Mu/tip/e-Family Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Residential, Multiple -Family Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a Conditional Use Permit. C. Residential, Multiple-Fami/y Zone, Development Standards. The following standards shall apply to the Residential, Multiple -Family Zone (R -MF Zone): 1. Lot Area and Dimensions. Lot sizes for the Residential, Multiple -Family Zone (R -MF Zone) shall not be less than six thousand (6,000) square feet with an average lot width of sixty (60) feet and a minimum average lot depth of 100 -feet. 2. Setbacks and Yards. The following setback requirements are applicable to the Residential, Multiple -Family Zone (R -MF Zone): a. Front Yard Setbacks The minimum front yard setback is twenty-five (25) feet. b. Rear Yard Setbacks The minimum rear yard setback fifteen (15) feet except for interior lots that border on an alley. A minimum rear yard setback of five (5) feet is required for those parcels that have a garage abutting an alley. c. Side Yard Setbacks. Interior side yard setbacks shall not be less than five (5) feet on each side except that on interior lots of seventy (70) feet or greater in width, side yard setbacks shall be at least ten (10) feet in width on one side. Two story residences shall have a Fifteen (15) foot side yard setback regardless of parcel width. Corner lots shall have a street side yard of at least twenty (20) feet. Yarn Table 17.03-2 `ard) Requirements for Residential, Multiple Zone) Setback Requirement Two -Level Front Yard 25 ft. 25 ft. Rear Yard 15 ft. for interior Tots 5 ft. for accessory structures used exclusively for parking 20 ft. Side Yard 5 ft. for interior Tots 10 ft. for interior lots >70 ft. in width; 10 ft. for comer lots 15 ft. 20 ft. for corner lots 17.03-6 17.03 Zoning Map & Zone Districts Zoning Ordinance 1. Bu/ding Area. When a single-family unit is constructed within an R -MF Zone, it shall have a minimum floor area of one thousand, one hundred (1,100) square feet. When multiple units are to be constructed within the Residential, Multiple -Family Zone, the following rules shall apply to multiple family developments with two or more units located within a singe lot: a. Three bedroom units shall have a minimum floor area of one thousand, one hundred (1,100) square feet. b. Two-bedroom units shall have a minimum floor area of eight hundred (800) square feet. c. One -bedroom units shall have a minimum floor area of six hundred (600) square feet. d. Studio (living area and bedroom combination) units shall have a minimum floor area of five hundred (500) square feet. 4. Minimum Distance Between Buildings. No two-story building shall be closer than twenty (20) feet to any other primary building located within the same lot. No one-story building shall be any closer than ten (10) feet to any other primary structure on the same lot. 5. Lot Area Per Dwelling Unit and Useable Yard Area (Open Space) Requirements The minimum building area shall be one thousand nine hundred and eighty (1,980) square feet or a maximum of density of twenty-two (22) units per acre. The area occupied by all structures shall not exceed seventy (70) percent of the lot area. This provision may be modified through the application of the City of Beaumont Affordable Housing Density Bonus (refer herein to Section 17.10). The following minimum useable open space standards are applicable to development within the Residential, Multiple -Family Zone: a. Each Studio unit shall have a minimum of two hundred (200) square feet of usable open space. b. Each one -bedroom unit shall have a minimum of two hundred (200) square feet of usable open space. c. Each two-bedroom unit shall have a minimum of three hundred (300) square feet of usable open space. d. For those units containing more than two -bedrooms, an additional one hundred (100) feet of usable open space beyond the two-bedroom requirements, will be required for every additional bedroom. e. The definition of useable open space and the method of computation is provided herein in Section 17.12 (Definitions). 6. Building Height. In the Residential, Multiple -Family Zone (R -MF Zone), the maximum height of any building shall not exceed thirty-five (35) feet. This height requirement may be modified with a density bonus provision (refer to Chapter 17.10). D. Residential, Multiple -Family Zone, Of street Padang. Automobile storage space shall be provided as indicated herein in Section 17.05. 17.03-7 17.03 Zoning Map & Zone Districts Toning Ordinance E. Residential, Multiple -Family Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Residential, Mu/Irp/e-Famity, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. 11.83.88 Commercial, General Zone IC -C Zonal The Commercial, General Zone (C -G Zone) is intended to permit development that provides for a range of commercial service and retail land uses. This Zone is also intended to serve as one of the base zones for the Overlay Zone Districts that are also provided for in the City's General Plan and this title. A. Commercial, General Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Commercial, Genera/ Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a Conditional Use Permit. C. Commercial, General Zone, Development Standards. The following standards shall apply to the Commercial, General Zone (CG Zone): 1. Lot Area and Dimension. Lots sizes for the Commercial, General Zone (C -G Zone) shall not be less than ten -thousand (10,000) square feet with an average lot depth of one -hundred (100) feet and a minimum average lot width of one -hundred (100) feet. 2. Setbacks and Yards The following setback requirements are applicable to the Commercial, General Zone (C -G Zone) a Front Yard Setbacks. The minimum front yard setback is twenty-five (25) feet. A minimum of fifty (50) feet should be provided if the parking is provided in the front of the business. b. Rear Yard Setbacks. No setback is required when the parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum rear yard setback is twenty (20) feet plus an additional two (2) feet for every foot where a building exceeds thirty-five (35) feet in height. c. Side Yard Setbacks. No setback is required when parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum side yard setback is twenty (20) feet plus an additional two (2) feet for every foot where a building exceeds thirty-five (35) feet in height. 3. Lot Area Requirements. The area occupied by all structures shall not exceed fifty (50) percent of the lot area and the maximum permitted floor area ratio is 1.0. 4. Budding Height, In the Commercial, General Zone (C -G Zone), the maximum height of any building shall not exceed fifty (50) feet. 17.03-8 17.03 Zoning Map & Zone Districts Zoning Ordinance D. Commercial, General Zone, Off street Parking. Automobile storage space shall be provided as indicated herein in Section 17.05. E. Commercial, Genera/ Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Commercial, General Zone, Signs The provisions of Chapter 17.07 of this ordinance shall apply. 17.03.90 Community Commercial Zone [CC Mel The Community Commercial Zone is intended to preserve, and where applicable promote, commercial shopping centers. This Zone specifically applies to those parcels that may contain more than one business or those properties where the floor area of the business exceeds fifty thousand (50,000) square feet. A. Community Commercial Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Community Commercial Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a Conditional Use Permit. C. Community Commercial Zone, Development Standards The following standards shall apply to the Community Commercial Zone (CC Zone): 1. Lot Area and Dimension. Lots sizes for the Community Commercial Zone (C -C Zone) shall not be Tess than ten thousand (10,000) square feet with an average lot depth of one hundred (100) feet and a minimum average lot depth of one hundred (100) feet. 2. Setbacks and Yards. The following setback requirements are applicable to the Community Commercial Zone (CC Zone): a. Front Yard Setbacks The minimum front yard setback is twenty-five (25) feet. There shall be a minimum of fifty (50) feet for the front yard setback if parking is provided in the front of the building. b. Rear Yard Setbacks No minimum rear yard setback is required except for those parcels that abut residential zones. For those parcels that abut residential zones, the minimum rear yard setback is twenty (20) feet plus an additional two (2) feet for every foot where a building exceeds thirty-five (35) feet in height. c. Side Yard Setbacks. No setback is required when parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum side yard setback is twenty (20) feet plus an additional two (2) feet for every foot where a building exceeds thirty-five (35) feet in height. 5. Lot Area Requirements The area occupied by all structures shall not exceed fifty (50) percent of the lot area and the maximum floor area ratio is 1.0. 17.03-9 17.03 Zoning Map & Zone Districts Zoning Ordinance 6. Bu//ding Height. In the Community Commercial Zone (CG Zone), the maximum height of any building shall not exceed 50 feet. D. Community Commercial Zone, Of Street Parking. Automobile storage space shall be provided as indicated herein in Section 17.05. E. Community Commercial Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Community Commercial Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. 11.03.100 Manufacturing Zone [M Zone] The Manufacturing Zone is intended to maintain the existing industrial and manufacturing uses and to promote the development of new business parks, light industrial use, manufacturing uses, and warehousing activities in the City. A. Manufacturing Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Manufacturing Zone, Condition/ Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a Conditional Use Permit. C. Manufacturing Zone, Development Standards. The following standards shall apply to the Manufacturing Zone (M Zone): 1. Lot Area and Dimension. No minimum or maximum lot area standards are applicable to this Zone. Within those parcels containing structures, the minimum lot area must be ten thousand (10,000) square feet. 2. Setbacks and Yards. The following setback requirements are applicable to the Manufacturing Zone (M Zone): a. Front Yard Setbacks. The minimum front yard setback is twenty-five (25) feet. There shall be a minimum of fifty (50) feet for the front yard setback if parking is provided in the front of the building. b. Rear Yard Setbacks No minimum rear yard setback is required except for those parcels that abut residential zones. For those parcels that abut residential zones, the minimum rear yard setback is twenty (20) feet plus an additional two (2) feet for every foot that exceeds thirty-five (35) feet. c. Side Yard Setbacks. No setback is required when parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum side yard setback is twenty (20) feet plus an additional two (2) feet for every foot that exceeds thirty-five (35) feet. 17.03-10 17.03 Zoning Map & Zone Districts Zoning Ordinance 3. Building Height. In the Manufacturing Zone, the maximum height of any primary building shall not exceed fifty (50) feet. D. Manufacturing Zone, Off Street Panting. Automobile storage space shall be provided as indicated herein in Section 17.05. E. Manufacturing Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Manufacturing Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. 11.83.118 Public Facilities Zona (PF Zonal The Public Facilities Zone includes a range of public uses and activities that serve the public good and welfare. These include, but are not limited to, schools, civic buildings, fire stations, and is intended to include and recognize the flowing uses: water course and watershed areas, public and private park lands, cemeteries, natural resource lands, wildlife preserves, and publicly owned dedicated scenic and open space areas. This Zone is also intended to provide for permanent open space in specific areas by limiting development in areas where natural hazards are present that might endanger the health, safety, and welfare of residents from possible flood, subsidence, erosion, or seismic activity. A. Public Facilities Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-1 of this Section. B. Public Fac//ides Zone, Conditional Uses The uses conditionally permitted under this Zone District are identified in Table 17.03-1 of this Section. Such uses require the approval of a Conditional Use Permit. C. Public Fac//ides Zone, Development Standards. The following standards shall apply to the Public Facilities Zone (P -F Zone): 1. Lot Area and Dimension. No minimum or maximum lot area standards are applicable to this Zone. Within those parcels containing structures, the minimum lot area must be ten - thousand (10,000) square feet. 2. Setbacks and Yards. All yards and other structural standards other than height shall be specified in connection with, and as a part of, the issuance of a Plot Plan or Conditional Use Permit for development. 3. Building Height In the PF Zone the maximum height of any building shall not exceed two (2) stories of thirty-five (35) feet, whichever is less. D. Public Facilities Zone, Off Street Park/ng. Automobile storage space shall be provided as indicated herein in Section 17.05. E. Public Facilides Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Pub//c Fac//ides Zone, Signs The provisions of Chapter 17.07 of this ordinance shall apply. 17.03-11 17.03 Zoning Map & Zone Districts Zoning Ordinance 17.03.121 Permitted Uses for Base Ione Districts The permitted uses for the Base Zone Districts (identified herein in Section 17.03.40 through 17.03.110) are listed in Table 17.03-3. Table 17.03-3 PermittedLand uses For Base Zone b Administrative/Professional Offices N N N N N P P P Advertising Agencies N P N N N P P N Architectural/Engineering/Design Services N P N N N P P N Attorney/Legal Services N P N N N P P N Business Management Services N P N N N P P N Govemment Offices P P P P P P P P Travel Agencies N P N N N P P N Agricultural U Animal Keeping (Commercial Use) N N P N N N N N Animal Keeping (Accessory Use) N A A A A N N N Aviaries N N P N N N N N Commercial Growing Establishments N N P N N N N N Dairies N N P N N N N N Kennels N N P N N N N N Produce Stands N N P N N N N N Stables N N P N N N N N Alcohol Service and Bars or Cocktail Lounges C N N N N C C C Liquor Stores N N N N N C C N Restaurants with Alcoholic Beverage Sales C N N N N C C C Automothe Automobile, Motorcycle, and Marine Craft Sales N N N N N P P C Automobile Parking Facilities N N N N N P P P Automobile Rental Agencies N N N N N P P P Automobile Repair Facilities N N N N N P P P Automobile Towing and/or Wrecking Facilities N N N N N N N C Body and Paint Shops N N N N N C C C Car Wash N N N N N C C N Gas/Service Stations C N N N N C C C Limousine Services N N N N N P P P Towing Services With Indoor Vehicle Service N N N N N N N C Towing Services With Outdoor Vehicle Storage N N N N N N N C Truck/Trailer Rentals N N N N N C C P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use 17.03-12 17.03 Zoning Map & Zone Districts Zoning Ordinance ans Ficin RC. Cellular Communication Facilities C N N N N c c c Cellular - Stealth C N N N N C C C Cellular - Non -Stealth N N N N N C C C Radio and Television Broadcasting Studios N N N N N N P P Recording and Sound Studios Satellite Dishes (Non -Private) Satellite Dishes (Private Use) N N N N N N P N N N N N N P P P N N P P P N N N Ham Radio Antennae (Private Use) Daycare Facilitie N N P P P P P P Commercial Day Care Facilities N N N N N P P N IiUC Elementary, Junior, and High Schools/Public N P P P P N N N Elementary, Junior, and High Schools/Private N P P P P N N N Vocational and Trade Schools N P P P P C C N Food andi,B'everag Bakeries ilE N N N N N P P N Catering Establishments Convenience Markets N N N N N P P P N N N N N P P N Grocery Stores/Supermarkets Grocery Store, Alcohol Sales N N N N N P P N N N N N N C C N General Mei han td Tra Antique Sales N N N N N P P N Appliance Sales N N N N N P P N Art Galleries and Supplies Beauty Supplies N N N N N P P N N N N N N P P N Books and Magazines Building Materials N N N N N P P N N N N N N C P P Building Materials with outdoor sales/storage Camera and Photographic Supplies Candy Stores N N N N N N C P N N N N N P P N N N N N N P P N Cigar/Cigarette Shops Clothing Stores N N N N N C C N N N N N N P P N Department Stores Discount Stores N N N N N P P N N N N N N P P N Electronic Equipment Sales N N N N N P P N Equipment Sales and Rentals Florists N N N N N C c P N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use 17.03-13 17.03 Zoning Map & Zone Districts Toning Ordinance Table 17.0; Permitted Land Uses For Base Zone D continued) Freight Forwarding Services N N N N N P P P Furniture and Home Fumishings N N N N N P P N Garden Supply N N N N N P P N Gifts, Crafts, and Novelties N N N N N P P N Guns and Ammunition N N N N N P P N Hardware Stores N N N N N P P N Hobby, Toy and Game Stores N N N N N P P N Indoor Swap Meets N N N N N N C C Jewelry Sales and Repair N N N N N P P N Leather Goods N N N N N P P N Luggage Sales N N N N N P P N Office Equipment, Fumiture, and Supplies N N N N N P P N Pet Sales and Supplies N N N N N P P N Records, Tapes, and Videos N N N N N P P N Retail, Other Specialty N N N N N P P N Sporting Goods and Equipment N N N N N P P N Surplus Stores N N N N N P P N Thrift and Second -Hand Stores N N N N N C C N Variety Stores N N N N N P P N Wholesale Establishments N N N N N P P N Lodging Bed and Breakfast Facilities C N N N N P P N Hotels and Motels C N N N N P P C Residence Inns C N N N N P P N Single -Room Occupant (SRO) Facilities N N N N C C C N Trailer Parks and Campsites N N N N C N N N Transitional Housing N N N N C C C N Man lfactur and Industrial Apparel/Textile Products N N N N N N N P Assembly Plants N N N N N N N P Bottling Plants N N N N N N N P Bulk Postal Service Facilities N N N N N N N P Chemicals N N N N N N N P Contract Construction Services N N N N N N N P Data Services N N N N N N N P Exterminating Services N N N N N N N P Feed and Fuel Yards N N N N N N N P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use 17.03-14 17.03 Zoning Map & Zone Districts Zoning Ordinance Permitted Land lFor Table 17.03-3 Base Zone Districts Food and Kindred Products Furniture N N N N N N N P N N N N N N N P Lumber/Wood Products N N N N N N N P Moving and Storage Establishments Metal Salvage Yards Paper Products N N N N N N N P N N N N N N N P N N N N N N N P Petroleum -Related Materials N N N N N N N C Primary Metal Industries (Electroplating) Printing/Publishing N N N N N N N C N N N N N N N P Professional/Scientific/Electronic Products Research Services and Laboratories N N N N N N N P N N N N N N N P Retail Sales of Products Manufactured or Stored Sandblasting and Beadblasting Taxidermy N N N N N N N P N N N N N N N C N N N N N N N C MedicaI/Health Can Ambulance Services N N N N N N P P Animal Hospitals/Veterinaries Clinics N N N N N P P P N N N N N P P N Convalescent Homes N N C C C P P N Chemical Dependency Clinics Hospitals N N N N C C N N N N N N N P P N Medical/Dental Offices Pharmacies N N N N N P P N N N N N N P P N Pharmacies, with drive-through Personal Services N N N N N C C N Banking, Credit Unions, Financial Services Barbers and Beauty Parlors Cemeteries N N N N N P P N N N N N N P P N N C C C C C C C Check Cashing Services N N N N N P P N Commercial Pet Grooming Services Dry Cleaners N N N N N P P N N N N N N P P N Funeral Parlors, Mortuaries Laundries, Laundromats N N N N N C C N N N N N N P P N Locksmith and Key Shops Pawnbrokers N N N N N P P P N N N N N C C N Photocopying and Photo Developing Services Photography Studios N N N N N P P P N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use 17.03-15 17.03 Zoning Map & Zone Districts Zoning Ordinance Shoe Repair Shops N N N N N P P N Tailors N N N N N P P N Tattoo/Body Pierdng Services N N N N N C C N Public and baa-Publlc Usti Community Recreation Centers P P N N N N N N Cultural Facilities P P N N N N N N Libraries P P N N N N N N Museums P P N N N N N N Parks P P N N N N N N Public Safety Facilities N P N N N P P P Senior Citizen Activity Centers N P N N N P P N Re inment Adult -Oriented Businesses N N N N N N N C Amusement Parks N N C N N N C N Athletic Fields N P P P P N N N Batting Cages N N N N N N C C Billiard and Pool Halls N N N N N C C N Bowling Alleys N N N N N P P N Dance Studios N N N N N P P N Golf Driving Ranges C N N N N N C N Health Clubs and Gymnasiums N N N N N C C N Miniature Golf Courses N N C N N N C N Off -Road Mini -Bike and Motorcross Courses C N C N N N N N Public Auditorium/Auditoriums N P N N N N N N Shooting Range (Indoor) N N N N N N N C Skating Rinks N N N N N N C N Video Arcades N N N N N C C N Reeyciin Collection Facilities N N N N N C C C Processing Facilities N N N N N N N C Relig It Churches N N C C C C C C Monasteries, Convents, or Similar Religious Use N N C C C C C C Repair Srstvlicea Electrical and Household Appliances Repair N N N N N P P P Furniture Refinishing N N N N N P P P Furniture Reupholstering N N N N N N N P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use 17.03-16 17.03 Zoning Map & Zone Districts Zoning Ordinance Table 17.03-3 Land Uses; For Base Zone Dis_ ( Lawnmower Repair/Sales Shops N N N N N P P P Machine Shops Welding Shops N N N N N C C P N N N N N N N P Residential Uses Accessory Guest Houses N N P P P N N N Accessory Rental Units ("Granny Flats") Boarding or Rooming Houses Caretaker's Unit N N P P P N N N N N C C C N N N N N P N P N N C Congregate Care Facilities N N N N C C C N Day Care Centers, Small Family- 1 to 8 Children N N P P P N N N Day Care Centers, Large Family -7 to 14 Children Duplexes N N C C C C N N N N N N P N N N Group or Community Care Facilities - 6 or fewer Group or Community Care Facilities - 7 or more Home Occupation Businesses Mobile Home Parks N N P P P N N N N N C C C N N N N N P P P N N N N N N N C N N N Mobile Home or Manufactured Housing Units N N P P P N N N Multiple -Family, Apartment & Condominiums Planned Residential Developments N N N N P N N N N N P P P N N N Senior Housing Developments N N P P P C N N Single -Family Dwellings Restaurant N N P P P N N N Delicatessens N N N N N P P N Fast -Food Restaurants - Without Drive-Thru N N N N N P P N Fast -Food Restaurants - With Drive-Thru N N N N N C C N Sit -Down Restaurants C N N N N P P N Sit Down Restaurant with live Entertainment C N N N N C C N Restaurant, serving alcohol C N N N N C C N Service Organizations Philanthropic and Charitable Institutions N N N N N P P N Service Organizations N N N N N P P N Tempora, Uses Street/Craft Fairs and Farmers' Markets N C N N N C C N Temporary Structures (Subdivision sales Office) Christmas Tree/Pumpkin Lots, and Similar, Not Exceeding 30 Days C N P P P P P P C C C C C C C C Outdoor Displays N N N N N C C C N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use 17.03-17 17.03 Zoning Map & Zone Districts Zoning Ordinance Parking Lot Sales N C N N N C C C Amusement Enterprises N C N N N N C C Transportation iR Bus Passenger Terminals N N N N N C C C Charter Bus Companies N N N N N C C C Motor Vehicle Transportation (Taxi/Shuttle) N N N N N C C C Truck St9ps and Terminals N N N N N C C C Util Public Utility/Service Structures N P N N N N N P Sewage Disposal Facilities/Waste Transfer N P N N N N N P Utility Company Offices N N N N N P P P Water Storage, Distribution, and Collection N P N N N N N N Public Storage Facilities N N N N N C C C N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use 17.03-18 17.03 Zoning Map & Zone Districts Zoning Ordinance 17.03.130 Overlay Zone l0 lone) The Overlay Zone refers to specific areas of the City where special development standards are applicable. The purpose of this Zone District is to implement the City of Beaumont General Plan that established the following overlay zones: The 6th Street Specific P/an Over/ayappl ies to a number of parcels located along 6th Street. This Overlay designation provides for the development of mixed uses (residential and/or commercial) within the area included in this Zone District. This area is subject to the requirements of the 6th Street Specific Plan that also indicates urban design standards that are unique to the 6th Street corridor. A. 6"' Street Specific P/an Over/ay Zone, Permitted Uses. The uses permitted for these Overlay Zones are indicated in the 6th Street Specific Plan and Table 17.03-4. B. 6th Street Specific P/an Overlay Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in the 6th Street Specific Plan and Table 17.03-4. . C. 60 Street Specific P/an Overlay Zone, Development Standards. Development standards for the 6th Street Overlay Zone are indicated in the 6t1' Street Specific Plan. D. 6th Street Specific P/an Overlay, Off Street Parking. Automobile storage space shall be provided as indicated herein in Section 17.05. E. 6"' Street Specific Plan Overlay, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. 6d' Street Specific P/an Overlay Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. Beaumont Avenue Overlay applies to a number of parcels located along that segment of Beaumont Avenue located between 6th Street (on the south) and Oak Valley Parkway (on the north). The purpose of this Overlay Zone is to facilitate the corridor's transition to a mixed-use district containing professional office, service, and limited commercial activities in conjunction with residential uses. A. Beaumont Avenue Over/ay Zone, Permitted Use. The uses permitted for this Overlay Zone are indicated in Table 17.03-4. B. Beaumont Avenue Over/ay Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-4. C. Beaumont Avenue Overlay Zone, Development Standards. The following development standards for this Overlay Zone shall apply: 1. Lot Area and Dimension. Lots sizes forOthe Beaumont Avenue Overlay Zone shall not be Tess than ten thousand (10,000) square feet with an average lot depth of one hundred (100) feet and a minimum average lot depth of one hundred (100) feet. 2. Setbacks and Yards. The following setback requirements are applicable to the Beaumont Avenue Overlay Zone: 17.03-19 17.03 Zoning Map & Zone Districts Zoning Ordinance a. Front Yard Setbacks. The minimum front yard setback is twenty-five (25) feet. There shall be a minimum of fifty (50) feet for the front yard setback if parking is provided in the front of the building. b. Rear Yard Setbacks No minimum rear yard setback is required except for those parcels that abut residential zones. For those parcels that abut residential zones, the minimum rear yard setback is twenty (20) feet plus an additional two (2) feet for every foot where a building exceeds thirty-five (35) feet in height. c. Side Yard Setbacks. No setback is required when parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum side yard setback is twenty (20) feet plus an additional two (2) feet for every foot where a building exceeds thirty-five (35) feet in height. 3. Bu//ding Height. In the Beaumont Avenue Overlay Zone, the maximum height of any building shall not exceed two (2) stories of thirty-five (35) feet, whichever is the lesser. D. Beaumont Avenue Overlay Zone, Off Street Parking. Automobile storage space shall be provided as indicated herein in Section 17.05. E. Beaumont Avenue Overlay Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Beaumont Avenue Overlay Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. Urban Vi//age Specific P/an Overlay applies to a specific area of the City situated between the I-10 and the SR -60 Freeway corridors. Within this area, a variety of specialized land uses that capitalize on the area's unique location are contemplated in the General Plan. The General Plan contemplates the future development of this area to include a regional commercial center, higher density residential development, and open space and recreational amenities. A specific plan of land use will be required before any new development can take place within the area designated with the Urban Village Specific Plan Overlay. A. Urban Village Spec/fic P/an Overlay Zone, Permitted Uses. The uses permitted for this Overlay Zone District are identified in Table 17.03-1 of this Section. B. Urban Village Specific P/an Overlay Zone, Condidona/ Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-1 of this Section. Such uses require the approval of a Conditional Use Permit. C. Urban Village Specific P/an Overlay Zone, Development Standards. The development standards for this Overlay Zone are governed by the Urban Village Specific Plan. D. Public Fealties Zone, Off Street Parking. Automobile storage space shall be provided as indicated herein in Section 17.05. E. PublicFaci/it/esZone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Public Fealties Zone, Signs The provisions of Chapter 17.07 of this ordinance shall apply. 17.03-20 17.03 Zoning Map & Zone Districts Zoning Ordinance 17.03.140 Specific Plan Zone ISP Zone) The Specific P/an zoning designation applies to those areas of the City that have an adopted Specific Plan as well as those areas where a Specific Plan will be required at which time a development concept is proposed. Those Specific Plans that were adopted prior to the adoption of this Zoning Ordinance or the currently adopted General Plan have been incorporated herein by reference. Any future Specific Plan or Specific Plan Amendment must be consistent with the adopted General Plan. Specific plans and amendments thereto, shall be adopted in accordance with the provisions of this Title and of Section 65450 et seq. of the Government Code, as now written or hereafter amended. All uses established pursuant to an applicable specific plan shall be subject to all of the conditions and restrictions set forth in the specific plan, regardless of the requirement of the underlying zone, including, but not limited to, density and intensity of use, setbacks, heights, area and open space. A. Request for Specific P/an. The owner of real property, or a person authorized by the owner, shall have the right to request that the City consider a specific plan of land use or an amendment to an adopted specific plan for the real property. The right to request consideration of a specific plan does not imply that the plan will be approved. Whenever any State law, the City General Plan, or any ordinance requires the adoption of a specific plan as a condition to the approval of a project, an application for a specific plan shall be made pursuant to this Section. B. Environmental Review. A proposal to adopt or amend a specific plan shall not be considered at a public hearing until all procedures required by the City of Beaumont Rules Implementing the California Environmental Quality Act to hear a matter has been completed. C. Applications for Specific Plans. Applications shall be made to the Planning Director, on the forms provided by the Planning Department, and shall be accompanied by a filing fee as set forth in the Fee Ordinance. The application shall supply all required information, which may include part or all of the following depending on the nature of the Plan, and shall be in the form of a text and accompanying maps, plans, and exhibits. D. Content of Specific Plans The scope and content of a Specific Plan prepared for the City shall comply with State of California Planning Zoning and Development laws governing their preparation. 17.03-21 17.03 Zoning Map & Zone Districts Zoning Ordinance 1103.150 Permitted Uses for Overlay Zone Districts The permitted uses for the Beaumont Avenue, 6th Street, and Urban Village Overlay Zones are listed in Table 17.03-4. Table 17.03 - Permitted Land Uses Far Overlay Zone Districts Overlay Professional Service Beaumont.. Ave. Overlay Urban' Ove Administrative/Professional Offices P P P Advertising Agencies P P P Architectural/Engineering/Design Services P P P Attorney/Legal Services P P P Business Management Services P P P Govemment Offices P P P Travel Agencies P P P AlcoholService aen Bars or Cocktail Lounges c c c Liquor Stores C C C Restaurants with Alcoholic Beverage Sales C C C Automotive Servs Automobile, Motorcycle, and Marine Craft Sales P N N Automobile Parking Facilities P N N Automobile Rental Agencies P N N Automobile Repair Facilities C N N Body and Paint Shops N N N Car Wash c N C Gas/Service Stations c N c Limousine Services P N N Towing Services - With Indoor Vehicle Service C N N Truck/Trailer Rentals C N N Communications Facilities Cellular Communication Facilities (stealth) c C c Radio and Television Broadcasting Studios P N P Recording and Sound Studios P N P Satellite Dishes (Non -Private) P P P Satellite Dishes (Private Use) P P P Ham Radio Antennae (Private Use) P P P Daycare Facilities Commercial Day Care Facilities C c c N = Not Permitted P = Permitted C = Conditionally Permitted 17.03-22 17.03 Zoning Map & Zone Districts Zoning Ordinance Table 1. .a rid Uses For Overlay Education Elementary, Junior, and High Schools/Public P P P Elementary, Junior, and High Schools/Private P P P Vocational and Trade Schools P P P Food and Beverage Sales Bakeries P P P Catering Establishments Convenience Markets P P P P P P Grocery Stores/Supermarkets P N P General Merchandise acrd Trade Appliances P P P Art Galleries and Supplies Beauty Supplies P P P P P P Books and Magazines Building Materials P P P P N N Building Materials with outdoor sales/storage Camera and Photographic Supplies Candy Stores c N N P P P P P P Cigar/Cigarette Shops Clothing Stores C C C P N P Department Stores Discount Stores P N P P N P Electronic Equipment P N P Equipment Sales and Rentals (indoor) Florists C N N P P P Freight Forwarding Services P N P Furniture and Home Furnishings P N P Garden Supply P N P Gifts, Crafts, and Novelties Guns and Ammunition P P P P P P Hardware Stores P N P Hobby, Toy and Game Stores Indoor Swap Meets P P P C N N Jewelry Sales and Repair P P P Leather Goods P N P Luggage Sales P N P Office Equipment, Fumiture, and Supplies Pet Sales and Supplies P N P P P P N = Not Permitted P = Permitted C = Conditionally Permitted 17.03-23 17.03 Zoning Map & Zone Districts Zoning Ordinance Table 17.03-4 Permitted Land Uses For Overlay Zone Districts (cointinued) Records, Tapes, and Videos P Beaumont Ave. Overlay P P Retail, Other Specialty P P P Sporting Goods and Equipment P N P Surplus Stores C N N Thrift and Second -Hand Stores C N N Variety Stores C N C Wholesale Establishments P N P Lodging Bed and Breakfast Facilities P C P Hotels and Motels P N P Residence Inns P N P Single -Room Occupant (SRO) Facilities C C N Transitional Housing C C N Media/Meath Care Ambulance Services C N N Animal Hospitals/Veterinaries P N P Clinics P P P Convalescent Homes C C C Chemical Dependency Clinics C N C Hospitals C N C Medical/Dental Offices P P P Pharmacies P N P Pharmacies, with drive-through P N P Pe: Banking, Credit Unions, Financial Services P P P Barbers and Beauty Parlors P P P Cemeteries N N N Check Cashing Services P N N Commercial Pet Grooming Services P P P Dry Cleaners P P P Funeral Parlors, Mortuaries P C P Laundries, Laundromats P N P Locksmith and Key Shops P N P Pawnbrokers C N N Photocopying and Photo Developing Services P P P Photography Studios P P P Shoe Repair Shops P P P Tailors P P P N = Not Permitted P = Permitted C = Conditionally Permitted 17.03-24 17.03 Zoning Map & Zone Districts Zoning Ordinance .03-4 y Zone Distrs Tattoo/Body Piercing Services Public and C N c Community Recreation Centers Cultural Facilities Libraries P P P P P P P P P Museums Parks P P P P P P Public Safety Facilities P P P Senior Citizen Activity Centers P P P Recreation and Eninment; Amusement Parks Athletic Fields N N P N N P Batting Cages N N P Billiard and Pool Halls Bowling Alleys C N C P N P Dance Halls and Studios Golf Driving Ranges N N P N N C Health Clubs and Gymnasiums Miniature Golf Courses C N C N N P Public Auditorium/Auditoriums Skating Rinks P N P N N P Video Arcades C N C Religkws Institutions Churches C C C Monasteries, Convents, or Similar Religious Repair Services C C C Electrical and Household Appliances Repair Furniture Refinishing P N N P N N Furniture Reupholsterinq'. P N N Lawnmower Repair/Sales Shops'. Machine Shops'. Welding Shops'. P N N C N N C N N Uses, Accessory Guest Houses P N P Accessory Rental Units ("Granny Flats") Boarding or Rooming Houses P N P P C P P C Caretaker's Unit N = Not Permitted P = Permitted C = Conditionally Permitted P 1. uses are permitted in the western portion of the 6`h Street Overlay. 17.03-25 17.03 Zoning Map & Zone Districts Zoning Ordinance Table 17.03-4 Pertnitted Land Uses For Overlay Zone Districts (continued} sth st O lay Av. vee. OverlayUrban► OOve y Congregate Care Facilities P C P Day Care Centers, Small Family -1 to 8 Children P P P Day Care Centers, Large Family -7 to 14 Children C C C Duplexes P N P Group or Community Care Facilities -6 or fewer persons) P P P Group or Community Care Facilities -7 or more persons) C C C Home Occupation Businesses P P C Mobile Home Parks N N N Mobile Home or Manufactured Housing Units C N P Multiple -Family, Apartments & Condominiums P N P Planned Residential Developments P N P Senior Housing Developments P C P Single -Family Dwellings P C P Restaurant Delicatessens P P P Fast -Food Restaurants - Without Drive-Thru P N P Fast -Food Restaurants - With Drive-Thru P N P Sit -Down Restaurants P P P Sit Down restaurant with live Entertainment C C C Restaurants that serve alcohol C C C Service Organizations Philanthropic and Charitable Institutions P P P Service Organizations P I P I P Temporary Uses Street/Craft Fairs and Farmers' Markets P P P Temporary Structures Such as Subdivision Sales P P P Seasonal Outdoor Sales (<30 days) P P P Outdoor Displays P P P Parking Lot Sales P P P Amusement Enterprises P N P Transportation Facilities Bus Passenger Terminals P N P Charter Bus Companies C N C Motor Vehicle Transportation (Taxi/Shuttle) P N N Truck Stops and Terminals C N N N = Not Permitted P = Perm"tted C = Conditionally Permitted 17.03-26 17.03 Zoning Map & Zone Districts Zoning Ordinance 17.63.166 Mineral Resources Overlay Zone This Section indicates the land use and development requirements for the Mineral Resource Overlay Zone. The Mineral Resource Overlay Zone is intended to facilitate mining and quarry activities within the properties subject to the land use regulations of the City of Beaumont. A. Permitted Uses In addition to such other uses as may be permitted under any other zoning classifications applicable to such property, with respect to any area designated by ordinance of the City Council or duly adopted zoning map as "Mineral Resources Overlay Zone" (each, a "Mineral Resources Overlay Zone"), the following uses (the "Permitted Uses") are permitted in conformance with the development and performance standards of Section 17.03.160.0 provided that the operator thereof holds a permit to conduct surface mining operations, issued pursuant to Section 17.03.160 which has not been revoked or suspended: 1. Mining, quarrying, excavating, beneficiating, concentrating, processing, and stockpiling of rock, sand, gravel, decomposed granite, clay gypsum, limestone, metallic ores, and similar materials, the reclamation of the resulting excavations and the manufacturing of cement. 2. Rock crushing plants, aggregate washing, screening and drying facilities and equipment, and concrete batching plants. B. Accessory Uses Permitted. The land and improvements related to the Permitted Uses thereon (the "Premises") in the Mineral Resources Overlay Zone may be used for the following uses (the "Accessory Uses") provided such uses are established on the Premises, are incidental to, and do not substantially alter the character of any Permitted Use, including but not limited to: 1. Retail and wholesale distribution of materials produced on the site. 2. Storage of trucks and excavating vehicles. 3. Storage of materials and machinery used in the operation. 4. Scales and weighing equipment. 5. Offices and maintenance shop structures, including use of mobile homes. 6. Residences and mobile homes for caretakers or watchmen and their families provided no compensation is received for the use of any such residence, mobile home or mobile home space. 7. Maximum of two on-site signs, each not over 1,000 square feet in area, advertising the products being produced on the site. C. Development Standards. Premises in the Mineral Resources Overlay Zone used for any mining and quarry operations, rock crushing and aggregate dryers shall be subject to the following standards. 1. Noise Suppression. All equipment and premises employed in conjunction with any of the Permitted Uses in the Mineral Resources Overlay Zone shall be constructed, operated and 17.03-27 17.03 Zoning Map & Zone Districts Zoning Ordinance maintained so as to suppress noise and vibrations in accordance with the City of Beaumont's general land use standards for noise. 2. Roads and Driveways All roads and driveways shall be kept wetted while being used or shall be treated with oil, asphaltic concrete or concrete, or other palliative to prevent the emission of dust. 3. Access Roads. All private access roads leading off any paved public street onto property used for any purpose permitted in Section 17.51.01(a) or (b) shall be paved to a minimum width of twenty four (24) feet with asphaltic concrete or equal, not less than three (3) inches in thickness with adequate compacted base material for not less than the first one hundred (100) feet of said access road. 4. Air and Water Pollution. All operations shall be conducted in compliance with the requirements of the City of Beaumont relating to air and water pollution as well as those of County, regional and State agencies having jurisdiction thereof. 5. Slopes of Excavations No production from an open pit quarry shall be permitted which creates an average slope steeper than one (1) foot horizontal to one (1) foot vertical; provided however, that a steeper slope may be permitted where the soil content or material is such that a vertical -cut excavation is safe in the opinion of the Division of Industrial Safety, Department of Industrial Relations of the State of California. 6. Landscaping and Fencing. Excavation operations which are located at any time within 500 feet of at least 10 buildings or mobile homes used or designed for dwelling purposes, shall be screened to a height of at least six (6) feet by either landscaping, berms, walls or solid fencing and the outer boundaries of the area being excavated shall be enclosed with a six (6) foot high chain link fence, including all necessary gates, except where such a fence would be impracticable as in the bed or flood channel of a wash or watercourse. 7. Hours of Operation. All uses shall confine operations on the property, other than maintenance, to the hours between 6:00 a.m. and 10:00 p.m. of any day, except those operations that are located not less than three hundred (300) feet from the outer boundary of such property. 8. Insurance. Before commencing operation in any quarry, the owner or operator shall show continuing evidence of comprehensive general liability insurance against liability in tort in the amount of $50,000,000 arising from the production activities, or operations incident thereto, conducted or carried on under or by virtue of any law or ordinance. Such insurance shall be kept in full force and effect during the period of such operations. 9. Ponding. Where practicable, all excavation operations shall be conducted in such a manner as to prevent unnecessary ponding or accumulation of storm or drainage water. 10. Rehabilitation. All property partially or totally depleted of its mineral resources as a result of a use permitted by Section 17.03.160.A and B shall be rehabilitated in accordance with a mining reclamation plan which has been approved pursuant to the provisions of Section 17.03.160.H. 17.03-28 17.03 Zoning Map & Zone Districts Zoning Ordinance D. Permits for Surface Mining Operations The City Council of the City of Beaumont hereby declares its purpose and intent is to regulate all surface mining operations in the Mineral Resources Overlay Zone to ensure that: 1. The reclamation of mined lands will be carried out in such a way that the continued mining of minerals will be permitted; and 2. The adverse effects of surface mining operations will be prevented or minimized and that mined lands will be reclaimed to a usable condition which is readily adaptable for alternative land use; and 3. The production and conservation of minerals will be encouraged while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment, and the residual hazards to the public health and safety will be eliminated. E. Permit Requirement. No person, firm, corporation or private association shall conduct surface mining operations in the Mineral Resources Overlay Zone without first obtaining a conditional use permit from the City of Beaumont to do so. F. Appiicatron. Every application for permit for surface mining operations shall be made in writing to the Planning Director on the forms provided by the Planning Department and shall include the following information: 1. Name and address of the applicant. 2. Evidence that the applicant is the owner of the premises involved or that the applicant has written permission of the owner to make such application. 3. A mining plan, a reclamation plan and proposed financial assurances in draft form including an estimate of reclamation costs; shall be accompanied by the appropriate filing fee of as established by City Council Resolution; and shall be filed with the Planning Department. The application shall provide all information and data required by Sections 2772 and 2773 of the Public Resources Code. No application shall be accepted as completed for filing and the time limitations for processing a permit shall not begin to run until all procedures under the California Environmental Quality Act (" CEQA') and the all City of Beaumont rules relating to the implementation of CEQA have been completed. 4. The Planning Director shall notify the Director of the Department of Conservation of the filing of each application for a permit within the time period required by Section 2774(e) of the Public Resources Code and shall submit each proposed mining and reclamation plan and proposed financial assurances in draft form including an estimate of reclamation costs or modification to an approved reclamation plan to the Director of the Department of Conservation for review and comment. 5. Such additional information as shall be required by the application form or Planning Director. G. Mining Plan. The mining plan shall, to the extent practicable, contain at least the following: 1. Indicate the progression of all operations of the facility indicating time frames for each phase and the estimated life of the operation; 17.03-29 17.03 Zoning Map & Zone Districts Zoning Ordinance 2. Show the location of equipment, offices, stockpiles, settling ponds, interim drainage, machinery and waste dumps, parking, and areas to be mined; 3. Indicate the progression of stripping and excavating through the use of cross sections, elevations and topographic maps; 4. Indicate the time lag between mining and reclamation and equipment siting and removal and/or relocation; 5. Discuss the method of handling simultaneous excavation and reclamation if applicable; 6. Show the location of all streams, roads, railroads, sewage disposal systems, water wells, and utility facilities within five hundred (500) feet of the site and the location of all proposed access roads to be constructed in conducting the surface mining operation, and 7. Indicate the type of and amount of mineral commodities to be removed, the amount of mining waste to be retained on the site and the amount of mining waste to be disposed off site including the method and location of disposal of said mining waste. H. Reclamation P/an. The reclamation plan shall, in addition to all other requirements: 1. Indicate the methods to be used to reclaim the land including a detailed schedule of the sequence and timing of all stages of the reclamation. 2. Describe the physical condition of the site upon the completion of all reclamation including the proposed uses or potential uses of the reclaimed site. 3. Contain a map that will delineate through the use of cross sections and elevations the physical characteristics of the land upon the conclusion of reclamation. A topographic map shall also be provided with the location of the reclaimed land clearly indicated on said map. 4. Describe the manner in which derelict machinery, mining waste and scraps will be removed from the reclaimed site and how contaminants will be controlled. 5. Describe the methods to be used to ensure that the site will contain stable waste piles and slopes. 6. Describe how reclamation of this site may affect the future use of the area for mining purposes. 7. Show that the proposed site in its final form shall be, to the extent reasonable and practical, revegetated for soil stabilization, free of drainage and erosion problems, coordinated with present and anticipated future land use, and compatible with the topography and general environment of surrounding property. I. Public Hearing. A public hearing shall be held on the application for a permit for surface mining operations in accordance with the provisions of Section 17.03.160 of the City of Beaumont Municipal Code and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing. 17.03-30 17.03 Zoning Map & Zone Districts Zoning Ordinance J. Conditions A permit for surface mining operations shall not be granted unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety or general welfare of the community. Any permit that is granted shall be subject to such conditions as shall be necessary to protect the health, safety or general welfare of the community. K. Use of Permit. Any permit that is granted shall be used within one (1) year from the date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of three (3) years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than three (3) years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the Planning Commission, on forms provided by the Planning Department and shall be filed with the Planning Director, accompanied by a fee as established by City Council Resolution. Within thirty (30) days following the filing of a request for an extension, the Planning Director shall review the application, make a recommendation thereon, and shall place the matter on the regular agenda of the Planning Commission. An extension of time may be granted by the Planning Commission upon a determination that valid reason exists for permittee not to use the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of three (3) years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the commencement of the surface mining operation that is authorized. The effective date of a permit shall be determined pursuant to the City of Beaumont Municipal Code. L. Revocation of Permit. Any permit granted hereunder may be revoked upon the findings and procedure contained in this Subsection. A public hearing to consider the granting suspension or revocation of a permit; an operator's financial capability of performing reclamation; or abandonment of a surface mining operation without commencing reclamation shall be in accordance with the following procedures: 1. Notice of the time, date and place of the public hearing, including a general description of the area and mining operation being considered, shall be given at least ten (10) days prior to the hearing by all of the following procedures: a.. Mailing to all owners of real property which is located within six hundred (600) feet of the exterior boundaries of the proposed project, as such owners are shown on the last equalized assessment roll. b. Publication once in a newspaper of general circulation in the City of Beaumont. c. The Planning Director may require additional notice be given by posting in conspicuous places close to the property affected and may require notification to property owners along proposed local transportation routes. 2. At the public hearing the Planning Commission shall hear relevant testimony from interested persons and, within a reasonable time after the close of the hearing, make its decision; provided, however, that an application for a permit shall not be granted unless that permit is expressly subject to such conditions as are necessary to protect the health, safety or general welfare of the community. The decision of the Planning Commission and the reasons for the decision shall be reduced to writing and shall be filed by the Planning Director with the City Clerk, together with a report of the proceedings, notmore than fifteen (15) days after the decision. A copy of the notice of the decision shall be mailed to the applicant and to any 17.03-31 17.03 Zoning Map & Zone Districts Zoning Ordinance person who has made a written request for a copy of the decision. If the Planning Commission is unable to make a decision, that fact shall be filed with the City Clerk in the same manner for reporting decisions and shall be considered as notice of denial of the application. The City Clerk shall place the notice of the decision on the next agenda of the City Council of the City of Beaumont held five (5) or more days after the City Clerk receives the notice from the Planning Director. 3. The decision of the Planning Commission is considered final and no action by the City Council of the City of Beaumont is required unless, within ten (10) days after the notice of decision appears on the City Council's agenda, the applicant or an interested person files an appeal, accompanied by a filing fee as established by City Council Resolution, with the City Clerk or unless the City Council assumes jurisdiction by ordering the matter set for public hearing. If a timely appeal is filed or the City Council assumes jurisdiction, the City Clerk shall set the matter for public hearing before the City Council not less than thirteen (13) or more than sixty (60) days thereafter, and shall give notice of the time and place of the hearing in the same manner as notice was given of the hearing before the Planning Commission. 4. At the hearing before the City Council, the City Council shall hear the matter de novo; however, the documents and the minutes of the hearing before the Planning Commission shall be a part of the City Council's record at its hearing on the matter. The City Council shall hear relevant testimony from interested persons and, within a reasonable time after the close of the hearing, make its decision sustaining, reversing or modifying the decision of the Planning Commission. M. Annua/Inspections and Reports As a condition of each permit, annual inspections and reports of mining and reclamation activities shall be required of the operator as follows: 1. Concurrently with submission of the operator's report submitted pursuant to Section 2207 of the Public Resources Code, the Building Director shall cause an inspection to be conducted within six (6) months of receipt of said operator's report to determine whether the surface mining operation is in compliance with the approved mining plan, the approved reclamation plan, the approved financial assurances, any permit conditions of approval and in the case of an idle mine, the approved interim management plan. Said inspection may be conducted under the supervision of a qualified, State -registered civil engineer, State -licensed landscape architect, State -registered geologist, or State -registered forester. All inspections shall be conducted using a form approved by the State Mining and Geology Board. After completion of the inspection, the Building Director shall notify the Director of the Department of Conservation that the inspection has been conducted in accordance with Section 2774(b) of the Public Resources Code. A copy of the notice and any supporting documentation shall also be provided to the operator. 2. Each operator shall apply for a Special Inspection Permit from the Building Director at least once in each year, provided, however, that this subsection shall not be construed to require more than one inspection per year per permit. An application for a special inspection permit shall be submitted and the special inspection permit fee as set forth un the Uniform Building Code shall be paid concurrently with the operator's report submitted pursuant to Section 2207 of the Public Resources Code by July 1st of each year. N. Financial Assurances. As a condition of each permit, financial assurances to ensure reclamation is performed in accordance with the approved reclamation plan shall be required of the operator as follows: 17.03-32 17.03 Zoning Map & Zone Districts Zoning Ordinance 1. Prior to the commencement of the surface mining operation, the operator shall post with the Building Director a financial assurance. The financial assurance shall be (a) a bond or bonds by one or more duly authorized corporate sureties; (b) an irrevocable letter of credit from one or more financial institutions subject to regulation by the state or federal government; (c) a cash deposit to be deposited into a trust fund; or (d) any other financial assurance specified by the State Mining and Geology Board pursuant to Section 2773.1(e) of the Public Resources Code. The amount of the financial assurance shall be adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan and shall be adjusted annually to account for new lands disturbed, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. Said adjustment shall be based upon an independent estimate derived from a survey by a qualified professional paid for by the operator. In addition, all financial assurances shall be made payable to the City of Beaumont and the Department of Conservation and shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed. 2. If the Planning Commission, following a public hearing, determines that the permittee is financially incapable of performing reclamation in accordance with its approved reclamation plan or has abandoned its surface mining operation without commencing reclamation, the Building Director shall: a. Notify the operator by personal service or certified mail that the City of Beaumont intends to take appropriate action to realize upon the financial assurance and specify the reasons for so doing. b. Allow the operator sixty (60) days after notification to commence or cause the commencement of reclamation in accordance with its approved reclamation plan and require that reclamation be completed within the time limits specified in the approved reclamation plan or some other time mutually agreed upon by the Building Director and the operator. c. Proceed to take appropriate action to realize upon the financial assurance if the operator does not substantially comply with the provisions of paragraph b of this Subsection. d. Use the proceeds of the financial assurance to conduct and complete reclamation in accordance with the approved reclamation plan. The operator shall be responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan which are in excess of the proceeds from the financial assurance. 3. Upon completion of reclamation in accordance with the approved reclamation plan, the financial assurance shall be released. Written notification of the release shall be provided to the operator and Director of the Department of Conservation. 0. Effect of Noncompliance. If after, conducting the annual inspection required by Section 17.03.160.M or otherwise confirmed by an inspection of the mining operation, the Building Director finds that the surface mining operation is not in compliance with the approved mining plan, the approved reclamation plan, any permit conditions imposed by the City of Beaumont, the provisions of this ordinance, or the California Surface Mining and Reclamation Act of 1975, the Building Director may notify the operator and the owner of the subject property of that violation by personal service or certified mail. If the violation continues beyond thirty (30) days after the date of issuance of the Building Director's notice of violation, the Building Director may notify the 17.03-33 17.03 Zoning Map & Zone Districts Zoning Ordinance Planning Director of that fact. Thereupon, the Planning Director may issue an order by personal service or certified mail requiring compliance or, if the operator does not have an approved reclamation plan, to cease all further mining activities. Said order shall specify which aspects of the surface mine's activities or operations are inconsistent with the approved mining plan, approved reclamation plan, permit conditions, the provisions of the Mining Resources Overlay Zone, or the California Surface Mining and Reclamation Act of 1975; shall specify a time for compliance which the Planning Director determines is reasonable, given the seriousness of the violation and any good faith efforts to comply with applicable requirements; shall set a date for a public hearing before the Planning Commission no sooner than thirty (30) days after the date of issuance of the order; and shall not take effect until the operator has been provided a public hearing concerning the violation. 1. At the hearing, the Planning Commission shall determine whether or not the operator is complying with the approved mining plan, the approved reclamation plan, the permit conditions or the provisions of the Mining Resources Overlay Zone and may affirm, modify or set aside the order issued by the Planning Director. 2. The Planning Commission may also revoke or suspend the operator's permit in accordance with the procedures set forth in Section 17.03.160.L. The decision of the Planning Commission may be appealed to the City Council. 3. Any operator who fails to comply with an order issued by the Planning Director after the order's effective date, or who fails to submit a report to the Director of the Department of Conservation or the City of Beaumont as required by Section 2207 of the Public Resources Code, shall be subject to an order by the Planning Director imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of the Building Director's notice of violation or noncompliance with Section 2207. In determining the amount of the administrative penalty, the Planning Director shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and any other matters justice may require. An order imposing an administrative penalty shall become effective upon issuance and payment shall be made to the City of Beaumont within thirty (30) days, unless the operator petitions the City Council for review of the order. Said order shall be served by personal service or by certified mail upon the operator. 4. If the operator petitions the City Council for review of the order imposing an administrative penalty, the operator shall be notified by personal service or certified mail as to whether the City Council will review the order and if so when the matter has been set for public hearing. The City Council may affirm, modify, or set aside, in whole or in part, by its own order, any order of the Planning Director imposing an administrative penalty. Any order of the City Council shall become effective upon issuance thereof and shall be served by personal service or certified mail upon the operator. Payment of any administrative penalty specified in the City Council's order shall be made to the City of Beaumont within thirty (30) days of service of the order. P. Modification to Permits and Redamation Plans A request for approval of a modification to an approved surface mining permit or reclamation plan shall be made in accordance with the provisions of this section. A modification under this section means a request for a Revised Permit or a determination of Substantial Conformance as further defined herein. 17.03-34 17.03 Zoning Map & Zone Districts Zoning Ordinance 1. Applications for Substantial Conformance or a Revised Permit shall be filed in writing with the Planning Director and shall include the following: a. All information required under this ordinance for the filing of a new application for the permit or reclamation plan sought to be modified, unless the requirement is waived by the Planning Director. b. A statement explaining the proposed modification and the reason the modification has been requested. c. If the application requires a public hearing, a list of names and addresses of all owners of real property located within 600 feet of the exterior boundaries of the Mineral Resources Overlay Zone to be considered and such additional names and addresses required in order to conform with the notification requirements for processing a new surface mining permit or reclamation plan, as shown on the last equalized assessment roll and any update issued by the County Assessor. d. Such additional information as shall be required by the Planning Director. 2. Substantial Conformance means a request for a nonsubstantial modification of an approved permit or reclamation plan which does not change the original approval or the effect of the approval on surrounding property. Substantial Conformance may include, but is not limited to, modifications for upgrading facilities, modifications for compliance with the requirements of other public agencies, modifications necessary to comply with final conditions of approval or modifications to lighting, parking, fencing or landscaping requirements provided said modifications as determined by the Planning Director will have no adverse effect upon public health, safety or welfare. 3. Revised Permit means a modification of a permit or reclamation plan which does not change the basic concept or use allowed by the original approval. A Revised Permit may include, but is not limited to, a significant increase in plant capacity, changes resulting in significant adverse effects, expansion in the permitted mining area, changes to the original conditions of approval including extensions to the overall life of the permitted use, and changes in the intensity of use as determined by the Planning Director. 4. Actions on applications for Substantial Conformance or Revised Permits shall be in accordance with the following procedures: a. Substantia/ Conformance. The Planning Director shall approve, conditionally approve or disapprove an application for Substantial Conformance within thirty (30) days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person who has filed a written request for notice. The Planning Director's determination shall be based upon the standards of this section and those standards set forth in this ordinance for the approval of an original application. An application for Substantial Conformance shall not require a public hearing. b. Revised Permit. An application for a Revised Permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit or reclamation plan, including any requirements for public hearing, notice of 17.03-35 17.03 Zoning Map & Zone Districts Toning Ordinance Q. O �iEgtt ff hearing, and all rights of appeal. A Revised Permit shall be subject to the development standards applicable to a new surface mining permit or reclamation plan. 5. The approval of an application for Substantial Conformance or Revised Permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved Revised Permit. 6. Notwithstanding any provision herein to the contrary, an application for Substantial Conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act. Interim Management P/an. Within ninety (90) days of a surface mining operation becoming idle, as defined in Section 2727.1 of the Public Resources Code, the operator shall file an application for an interim management plan with the Planning Director in accordance with the provisions of the Mineral Resources Overlay Zone. Said application shall include: 1. All information required under this ordinance for the filing of a new application for a permit, unless the requirement is waived by the Planning Director. 2. A statement explaining that the surface mining operation is idle as defined in Section 2727.1 of the Public Resources Code. 3. An interim management plan which includes measures the operator will implement to maintain the site in accordance with the approved mining plan, the approved reclamation plan and the permit conditions. 4. A filing fee for review of the interim management plan which shall be the same amount as the filing fees for a reclamation plan. 6. Such additional information as shall be required by the Planning Director. 7. Within sixty (60) days of the receipt of a completed application for an interim management plan, the Planning Director shall review and approve the application provided the interim management plan complies with the requirements specified in subsection a. and give notice by mail of the approval to the operator and any other person who has filed a written request for notice. Otherwise, the Planning Director shall notify the operator in writing of any deficiencies in the plan. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the Planning Director, to submit a revised plan. The Planning Director shall approve or deny approval of the revised interim management plan within sixty (60) days of receipt. If the Planning Director denies approval of the revised interim management plan, the operator may appeal that action to the City Council, which shall schedule a public hearing within forty-five (45) days of the filing of the appeal, or any longer period mutually agreed upon by the operator and the City Council. An application for an interim management plan shall not require a public hearing. 8. The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the Planning Director shall do one of the following: 17.03-36 17.03 Zoning Map & Zone Districts Zoning Ordinance a. Renew approval of the interim management plan for another period not to exceed five (5) years, if the Planning Director finds that the operator has fully complied with the provisions of the interim management plan. b. Require the operator to commence reclamation in accordance with its approved reclamation plan. c. The determination by the Planning Director to extend the term of the interim management plan or to require reclamation shall not require a public hearing. If the surface mining operation is still idle after expiration of its interim management plan, the surface mining operation shall commence reclamation in accordance with its approved reclamation plan. 9. Any financial assurances required in conjunction with approval of the permit shall remain in effect during the period the surface mining operation is idle and until such time as reclamation is completed. 10. Unless review of an interim management plan is pending before the Planning Director, or an appeal is pending before the City Council, a surface mining operation which remains idle for over one (1) year after becoming idle as defined in Section 2727.1 of the Public Resources Code, without obtaining approval of an interim management plan, shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan. R. Successors Bound. Whenever any surface mining operation or portion of an operation subject to this ordinance is sold, assigned, conveyed, exchanged, or otherwise transferred, the successor in interest shall be bound by the provisions of the Mineral Resources Overlay Zone and shall notify the Planning Department and Department of Building and Safety in writing of such transfer of ownership. Any existing financial assurances shall remain in force and shall not be released until new financial assurances are secured from the new successor in interest and approved in accordance with Section 2770 of the Public Resource Code and Section 17.03.160. S. Remedies. The procedures, remedies and penalties for violation of the Mineral Resources Overlay Zone and for recovery of costs related to enforcement are provided for in Ordinance No. 725, which is incorporated herein by this reference. T. Severability. If any section, subsection, paragraph, sentence, clause or phrase of the Mineral Resources Overlay Zone is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the Mineral Resources Overlay Zone, it being expressly declared that this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted, irrespective of the fact that one or more other section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. 17.03-37 17.03 Zoning Map & Zone Districts Zoning Ordinance This page has been intentionally left blank. 17.03-38 17.03 Zoning Map & Zone Districts Chapter 17.04 Performance Standards City of Beaumont Zoning Ordinance —Title 17 9/18/2007 17.04 Performance Standards Zoning Ordinance Section Contents Chapter 11.04 Performance Standards 17.04.10 Intent and Purpose 17.04.20 Applicability 17.04.30 Property Maintenance 17.04.40 Hazardous Materials 17.04.50 Air Quality 17.04.60 Odors 17.04.70 Light and Glare 17.04.80 Solid Waste 17.04.90 Street Improvement Standards 17.04.100 Utilities 17.04.110 Reserved 17.04.120 Reserved 11.04.10 intent and Purpose The performance standards identified in this section regulate the use of a building or land area. These performance standards were established to minimize potential risk to the public from hazards and to prevent the creation of nuisances and other conditions that are potentially harmful or discomforting. An additional purpose of these standards is to protect the environment, improve the appearance of the community, and to deter those conditions that may lead to blight. 17.04.20 Applicability Site planning and general development standards shall apply to all new construction, renovation, and alteration of existing uses or structures in all zone districts and land uses. A. General Provision. No building or land shall be used or constructed if it creates a dangerous, noxious, fire, explosive, or other hazard; noise or vibration; smoke, dust, odor, or air pollution; glare; or liquid or solid wastes in amounts that adversely affect surrounding areas. B. Applicability. The standards contained in this Chapter 17.03 shall be applied in addition to the development standards contained in this Title 17 for any given zone. C. Interpretation. Whenever the performance and development standards are different, the more stringent standard shall govern. 17.04.30 Property Maintenance The following standards are established to regulate the maintenance of all properties, land uses, and structures in the City of Beaumont: A. Abandoned Leh/des Abandoned and inoperable automobiles and recreational vehicles shall not be kept on the driveways or in the yard areas of private property for more than seven (7) days. 17.04-1 17.04 Performance Standards Zoning Ordinance B. Refuse and Debris Debris, rubbish, and trash, including but not limited to discarded old furniture, appliances, boxes, toys, etc.; discarded building materials; and equipment and materials shall not be visible from public rights-of-way at any time and shall not be kept in the yard areas for more than seven (7) days. C. Dilapidated Structures. Structurally unsafe buildings, including but not limited to those with known fire hazards; faulty weather protection broken roofs; windows and doors; partially constructed structures when construction has ceased; unoccupied buildings that are left open; hazardous fences or walls; abandoned signs; and damaged buildings shall be demolished, removed, or fenced to prevent public access. D. Trash Receptacles. Trash receptacles shall not be stored in any front yard with any residential zone. E. Landsc.ap/ng. The landscaping of all properties must be maintained and watered. 17.04.40 Hazardous Materials The United States Environmental Protection Agency (EPA) and the California Department of Health Services (DHS) identify hazardous materials and prescribe handling, use, and disposal practices. In order to protect the health and welfare of those persons living, working, or visiting the City of Beaumont, the use, storage, manufacture, or disposal of hazardous materials shall be ;regulated and monitored according to standards established by these agencies and as outlined in this Section. A. Land Use and Structures Us/ng Hazardous Materials. A risk management and prevention program in accordance with the California Health and Safety Code, together with an inventory statement that is in accordance with federal, state, and local laws shall be prepared for all structures and land uses using materials identified as hazardous by the State of California Environmental Protection Agency (Cal EPA) and the United States Environmental Protection Agency (EPA). B. Use of flammable Materials. The use and storage of flammable or explosive materials shall comply with all applicable ordinances. No open burning is permitted unless a written permit for such activity has been issued by the appropriate agency that is responsible for issuing permits and approvals. D. Water Contamination. No liquid or solid waste or similar material that contaminates the water supply, or interferes with the bacterial processes in sewage treatment or otherwise causes the emission of dangerous or offensive elements shall be discharged into the public sewer or private disposal system, except in accordance with the applicable requirements of the EPA. C. Rad/anon Exposure. No activity shall be permitted if it emits dangerous levels of radioactivity at any time. The term dangerous levels correspond to the applicable Federal and/or State standards for exposure. 17.04.50 Air Quality The California Air Resources Board and the South Coast Air Quality Management District (SCAQMD) are the agencies responsible for the implementation of the Clean Air Act at the local level. In order to protect 17.04-2 17.04 Performance Standards Zoning Ordinance the health and welfare of those persons living, working, or visiting the City of Beaumont, the following performance standards with respect to air quality are outlined in this Section. A. Smoke and Particu/ates. No smoke of any type shall be emitted from a source in excess of SCAQMD standards. No elements of dust, fly ash, vapors, fumes, gases or other forms of air pollution shall be permitted in excess of the standards set by the SCAQMD or that can cause damage to human health, animals, vegetation, or that can cause excessive soiling at any location. B. Permits Before a building or occupancy permit is issued by the City, the applicant shall be required to show proof that he has secured the necessary permits from the SCAQMD or that the project is exempt from SCAQMD regulations as of the date of filing of the City application. C. Enforcement and Standards. In enforcing these regulations, the City shall use the same point of measurement as utilized by the SCAQMD. 17.04.60 Odors In order to protect the well being of the community and to eliminate the blighting influences of odors, the following performance standards with respect to the generation of odors are outlined in this Section. A. Odor Generating Activities Any process that creates or emits any odors, gases, or other odorous matter shall comply with the standards set by the South Coast Air Quality Management District (SCAQMD). B. Quantified Standard No odors, gases, and odorous matter shall be emitted in quantities to be detectable when diluted in a ratio of one (1) volume diluted air to four (4) volumes clean air at the point of greatest concentration. 17.04.70 Light and Glare Outdoor lighting, light trespass, and illumination requirements indicated in the City of Beaumont Outdoor Lighting Ordinance (Chapter 8.50) shall apply to all development in the City. The Outdoor Lighting Ordinance is incorporated into this Zoning Ordinance by reference. 17.04.80 Solid Waste Requirements In order to protect the well being of the community and to control solid waste, the following performance standards with respect to the generation of solid waste are outlined in this Section. A. Facilities Required! The design of any new, substantially remodeled, or expanded multi -family, commercial, or industrial building or structure shall provide for proper trash storage or handling that will accommodate solid waste loading and allow for efficient and safe waste removal or collection. B. Size Requirements The following size requirements apply to multiple -family developments containing up to twelve (12) units: 17.04-3 17.04 Performance Standards Zoning Ordinance 1. If waste storage areas are provided for individual units, such areas shall be at least three (3) feet wide by four (4) feet long per unit, plus an additional storage area at least twelve (12) square feet overall and at least three (3) feet wide. 2. If a single storage area is provided, it shall be at least four and one-half (41/2) feet wide by six (6) feet long for the first four (4) units, plus three (3) square feet of additional space for each additional unit thereafter. C. Requirements for Non-residential Uses. Industrial, commercial, and institutional facilities shall have ten (10) square feet of storage area for every one -thousand (1,000) square feet of net floor area or portion thereof for the first twenty -thousand (20,000) square feet of net floor area, plus five (5) square feet for every one -thousand (1,000) additional square feet thereafter. If the building has less than two -thousand (2,000) square feet, the minimum storage area shall be four and one-half (41/2) feet by six (6) feet. D. Waste Storage Requirements and Standards. The following development standards are applicable 1. Waste storage areas shall be located where they do not interfere with the traffic circulation individuals or vehicles. 2. Waste storage areas shall be located where they are readily accessible to collection personnel at all tunes. 3. Exterior waste storage areas shall be located so as to be screened from view from public streets and highways. 4. Waste storage areas shall be provided on a level surface so that storage containers remain at rest without auxiliary restraining devices. E. So//d Waste Storage Area Enclosures. The following requirements are applicable to waste storage containers: 1. All solid waste storage areas for all uses except single-family residential residences shall be enclosed within a masonry wall of minimum height six (6) feet. 2. The exterior architectural treatment of waste storage areas shall be compatible with the main building treatment. 3. All business and property owners shall be responsible for policing trash and debris generated from their property. 4. Solid waste storage areas shall not be allowed in front yards. 5. All solid waste enclosures shall have an opaque solid gate with a closable latch. 17.04-4 17.04 Performance Standards Zoning Ordinance 17.04.90 Street Improvement Standards In order to promote the development of a comprehensive circulation and roadway network in the City, the following performance standards with respect to the street improvements are outlined in this Section. A. Street Dedications and Improvements All streets shall be dedicated and improved to the width established in the Circulation Element of the City of Beaumont General Plan. 1. Street improvements shall include curb and gutter, sidewalks, storm drains, landscaped parkway. 2. Street dedication shall include a corner cut-off area at intersections. 3. Whenever uncertainty exists regarding the need for street dedication and improvement, the Director of Public Works or his designee shall determine the need for dedication or improvement based upon studies and analysis and information contained in any applicable plans. B. Street Dedications Standards. To mitigate potential problems associated with project generated traffic and circulation, dedication of street right-of-way and construction of street and related improvements may be required as a condition of approval of permits issued in compliance with this title. The following standards shall govern any street dedication or improvement: 1. No new construction or renovation shall be granted utility connections and a certificate of occupancy until one-half (1/2) of the street along the entire length of the lot frontage is dedicated and improved according to City standards. For development of a portion of a lot, dedication and improvement shall apply only to abutting streets of that portion of the lot. A bond may be placed in lieu of improvements until the Director of Public Works deems it practical to construct the improvements. 2. The maximum area of land required for dedication shall not exceed twenty-five (25) percent of the total lot area. 3. Additional street improvements shall not be required when the abutting street is already improved according to City standards. 4. A deed granting an easement for a public street shall be submitted to the City Engineer before approval of any permit is issued. 17.04.100 OtIUtles The following performance standards with respect to the provision of utilities and infrastructure are outlined in this Section to ensure the service demands of existing and future development are met. A. Provision of Utility Connections The developer or owner of a property shall be responsible for utility service connections, in cooperation with the utility company. B. Under -grounding of Utility Lines. In order to protect the public safety and improve the appearance and functioning of the community, all electrical distribution lines of sixteen (16) 17.04-5 17.04 Performance Standards Zoning Ordinance kilovolts or Tess, telephone, cable television, and similar wires that provide customer services shall be installed underground, except for: 1. Utility poles within six (6) feet of the rear lot line used for terminating underground facilities. 2. Temporary utilities while construction is ongoing. 3. Risers and poles as provided by developer or owner. 4. Meter boxes, terminal boxes, and similar equipment. 5. Transformers, except that all transformers shall be located in vaults. 6. Infill development in R -SF Zones where existing overhead lines serve the area, subject to the approval of the Director of Community Development. C. E/e+crica/Disturbance. No activity shall be permitted if it causes electrical disturbance that affects the operation of equipment located beyond the property line. Radio, television, and microwave transmitters shall be suitably wired, shielded, and controlled so that they do not emit electrical waves or impulses that may affect other electronic devices or equipment. 17.04-6 17.04 Performance Standards Chapter 17.05 Off -Street Parking & loading Standards 9/18/2007 City of Beaumont Zoning Ordinance —Title 17 17.05 Parking Zoning Ordinance Section Contents Chapter 17.05 Off -Street Parking and Loading Standards 17.05.10 Purpose and Authority 17.05.20 Applicability 17.05.30 General Provisions 17.05.40 Parking Requirements for Land Use 17.05.50 Access Requirements 17.05.60 Parking Facility Standards and Dimensions 17.05.70 Parking Improvements 17.05.80 Shared and Remote Parking 17.05.10 Purpose and Authority The purpose of the this section is to ensure that all land use and development in the City of Beaumont have sufficient parking in order to prevent or alleviate congestion. Parking and loading areas shall be provided in accordance with this section when a building or structure is constructed or a new use is established. Additional off-street parking shall be provided in accordance with this section if an existing building is altered, or dwelling units, apartments or guest rooms are added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use, at the time of such alteration, addition, intensification or change of use. The number of parking spaces and loading berths shall be in proportion to the need for such facilities created by the particular type of use. Off-street parking and loading areas shall be laid out in a manner that will protect the public safety and ensure their usefulness. Provide adequate off-street parking facilities, loading areas, and vehicle movement area associated with a use. 17.05.20 Applicability The minimum standards of this Chapter 17.05 shall apply to all new construction, expansion, renovation, conversion, and alteration of existing uses or structures in all zone districts. Off-street parking spaces shall be provided at the time of commencement of the use of the land or construction of the building, or at the time of renovation, conversion, alteration, or expansion by adding floor area, dwelling units, rooms, beds, or seats to a structure or to changes in occupancy or the enlargement of a commercial or industrial building. 17.05.30 General Provisions This Section outlines the general requirements for parking in the City of Beaumont. The following parking regulations will be applicable to all development in the City. A. Maintenance of Parking Areas. All covered or uncovered off-street parking and loading facilities required by Chapter 17.05 shall be permanently reserved for parking and loading purposes. All parking facilities, including but not limited to curbs, directional markings, handicapped symbols, landscaping, pavement, signs, striping and wheel stops, etc., shall be permanently maintained by the property owner/tenant in good repair, free of litter and debris, potholes, obstructions and stored material. 17.05-1 17.05 Parking Zoning Ordinance B. Restrictions Regarding Use of Parking Areas. Required parking spaces and areas shall not be used for the sale or display of goods and services, nor for the sale, display, repair or dismantling of motor vehicles, nor for the storage of inoperable or unlicensed vehicles, unless otherwise permitted by subsection C below. C. Truck Parking Prohibited in Residential Zones. The parking of commercial vehicles weighing six - thousand (6,000) pounds or more shall be prohibited in all residential zones (R -SF and R -MF). This restriction shall apply to both on -street and off-street parking. D. Temporary Parking. Parking areas in any zone may be used for temporary, special events with authorization from the owner or operator of the parking area and the Planning Director. The Planning Director may impose conditions to mitigate any adverse effect on surrounding properties. Provisions outlined in 17.03 (Temporary Use Permits and Special Events) shall govern the procedures and conditions for the application and approval of a temporary use/special event permit. 11.05.40 Parking Requirements for Land Uses Each land use shall provide the minimum number of off-street parking spaces required by this section, except where a greater number of spaces is required through conditional use permit conditions of approval. A. Off-street Parking Requirements. Off-street parking and loading spaces with adequate ingress and egress must be provided for any new structure and for any new use established; for any addition to or enlargement of an existing structure or use; or for any change in the occupancy of any structure or the manner in which any use is conducted that would result in additional parking or loading spaces to be required. For any addition or any enlargement of an existing structure or use, or for any change of occupancy or manner of operation that would increase the number of parking or loading spaces required, the additional parking or loading shall be required only for such addition, enlargement, or change and not for the entire structure or use. Table 17.05-1 specifies the number of off-street parking spaces required for permitted land uses. Table 17.05-1 Off Street Parking Requirements Single -Family Residential Units 2 enclosed spaces/unit (accessory units that are rentals must provide 2 spaces, of which one shall be enclosed) Not Applicable Attached Single Family and Duplex Units 2 enclosed spaces/unit Not Applicable Multi -Family (efficiency/1-bedroom units) 1 enclosed space/unit plus 1/2 guest space per unit (guest spaces may be uncovered) Not Applicable 17.05-2 17.05 Parking Zoning Ordinance Table 17.05= Parking Requirements (u nued) Multiple -Family (2 or more bedrooms/unit) 2 enclosed spaces/unit plus 1/2 guest space/unit. (guest spaces may be uncovered) Not Applicable Motels/Boarding Houses 1 space for each sleeping unit. 1 space per guest room or unit; plus other spaces as required for auxiliary uses such as banquet facilities, bars, and restaurants Not Applicable Assembly Use 1 space per 4 permanent seats. Where temporary seats are used, 1 space per 20 sf of assembly area. Compact: Maximum 10% where 20+ spaces are provided. Banks/ Financial Institutions 1 space per 200 sf gross floor area Compact: Maximum 10% where 20+ spaces are provided. Bars and Nightclubs 1 space per 75 sf gross floor area; plus 1 space per 2 employees on the largest shift Compact: Maximum 10% where 20+ spaces are provided. Churches and Other Religious Institutions 1 space per 3 fixed seats. Where no fixed seats are provided, 1 per 20 square feet of assembly area. Compact: Maximum 10% where 20+ spaces are provided. Cinema 1 space per 3 seats. Compact: Maximum 10% where 20+ spaces are provided. Compact: Not permitted. Day Care • Day care center 1 space for every 7 children Compact: Not permitted. Gasoline Service Stations 1 space per 200 sf gross floor area; plus 1 space per service, bay; plus any additional spaces, required for accessory uses such as retail or food service Compact: Not permitted, Truck: 1 space per vehicle operated from site. Retail Uses 1 space per 200 sf gross floor Compact: Maximum 10% where 20+ spaces are provided. Truck: As required for service and delivery vehicles. Professional Offices, other than medical 1 space per 200 sf gross floor area Compact: Maximum 10% where 20+ spaces are provided. Truck: 1 space per vehicle operated from site. Medical and Dental Offices 1 space per 250 sf gross floor area Compact: Maximum 10% where 20+ spaces are provided. Restaurants, Fast Food' 1 space for every 100 sf of gross floor area, but not less than 10 spaces Compact: Maximum 10% where 20+ spaces are provided. Restaurants, Sit -Down 1 space for every 100 sf of gross floor area, but not less than 10 spaces Compact: Maximum 25% where 20+ spaces are provided. Trade or business school 1 space per 50 sf of gross classroom area 17.05-3 17.05 Parking Toning Ordinance Table 11.05-i Off Street Parking Requirements (continued) Repair Parking General Manufacturing 1 space per 500 sf gross floor area. Office, accessory to manufacturing use 1 space per 250 sf gross floor area of office space. Compact: Maximum 10% where 20+ spaces are provided. Truck: 1 space per vehicle operated from site. Compact: Maximum 10% where 20+ spaces are provided. Trucking and Truck Terminals 1 space per 1,000 sf gross floor area within any building. Truck: Per loading requirements. Warehousing 1 space per 1,000 sf gross floor area. Compact: Maximum 10% where 20+ spaces are provided. Truck: 1 space per vehicle operated from site. 1. Minimum standard vehicle stacking capacity in a drive-through lane is eight (8) vehicles. Fractional Spaces. All fractional spaces shall be rounded up to the next highest whole number. Combined Uses When two or more uses are combined on a given site, the required parking shall be calculated as the combined total required for each individual use. Where two or more uses exist within a single building, parking shall be calculated based on the percentage of floor area devoted to each use. Compact and Handicap Parking. The calculation of the number of compact and handicap parking spaces to be provided shall be based on the total number of spaces required. Handicapped (accessible) parking shall comply with standards set forth in Chapter 11 of the Uniform Building Code. B. Unspecified Land Use. If a land use is not specifically listed in Table 17.05-1, the Planning Director shall decide which standard most closely reflects the demand for parking that will be generated by the proposed project. For uses not specifically mentioned, the requirements for off- street parking spaces shall be the same as for similar -mentioned uses and the Planning Director shall determine in writing the parking requirements for the proposed project. In the event the determination of the Planning Director shall be deemed unsatisfactory or unreasonable, the applicant may present the matter to the Planning Commission in writing for posting on the agenda of a regularly scheduled Commission meeting, for determination. C. Reduction of Spaces. No reduction of required parking spaces shall be allowed, except through approval of a Variance in accordance with the provisions of this Title 17.05. 17.05.50 Access Requirements Driveways providing ingress and egress to off-street parking spaces shall be designed, constructed and maintained as follows. A. General Requirements All Tots shall have adequate vehicular access from a dedicated and improved street or service road to permit unimpeded movement of goods and people. Visibility on streets and intersections shall not be blocked by signs, trees, hedges, fences, walls, or structures. Directional signs and graphics may be used to promote public safety and convenience. B. Driveways. The following requirements are applicable to driveways: 17.05-4 17.05 Parking Zoning Ordinance 1. Driveways shall not be located where they would impede traffic on streets or through intersections. 2. Driveways and aisles shall be maintained unobstructed at all times. 3. The minimum driveway width shall be twelve (12) feet per lane for a one-way driveway and twenty-five (25) feet for a two-way driveway. C. Aprons. Each garage shall have an adequate paved area in front of the garage (apron) for maneuvering. The minimum paved apron width shall be twenty-four (24) feet. 17.05.60 ParidnO Facility Standards and Dimensions Off-street parking areas shall be provided on the subject site, outside of any public right-of-way, in compliance with this section. A. ParlingStall Design. Parking facilities shall be designed to conform to the following minimum guidelines and standards: 1. Parking spaces shall be located on the same lot as the use to which they serve, unless remote parking is permitted by the Planning Director pursuant to the provisions of Section 17.05.80 (Remote Parking). 2. Access to parking stalls shall not be taken directly from a public or private street or alley. 3. The entrance to a private garage or carport shall be located a minimum of twenty-four (24) feet from the street which the garage or driveway faces. 4. A fifteen (15) foot vertical clearance shall be maintained over all parking areas, driveways, and access points. 5. Driveways serving a parking area with twenty (20) or more spaces shall be designed with either one-way circulation or a double driveway system. 6. No parking area shall be designed so that vehicles back into a street, except for single-family dwelling units. 7. No parking space shall be located within twenty (20) feet of the access driveway, except within the R -SF and R -MF zones. 8. All carpooling parking spaces and bicycle racks shall be located near the main entrance of the facility they are intended to serve. B. Parking Space Dimensions Table 17.05-2 identifies the minimum required dimensions for parking stalls and aisles for standard, compact, and truck parking spaces. No more than a six (6) inch vehicle overhang into a landscaped area is permitted only when curb stops are not provided. 17.05-5 17.05 Parking Zoning Ordinance Table 17.05-2 Parking Space Dimensions Standard Parking Spaces 0° 9 feet 10 feet Curb Length 24 feet 28 feet 45° 19 feet (a) 14 feet 12 feet 9 inches 52 feet (b) 90° 19 feet 26 feet 9 feet 64 feet Compact Parking Spaces 0° 16 feet 10 feet 20 feet 25 feet 45° 16 feet 11 feet 10 feet 5 inches 43 feet 90° 19 feet 20 feet 7 feet 6 inches 64 feet Truck Parking Spaces 0° 12 feet 24 feet 50 feet 52 feet 45° 44 feet 32 feet 17 feet 120 feet 50° 50 feet 46 feet 14 feet 145 feet 90° 50 feet 60 feet 12 feet 160 feet Notes: (a) 15'-10" for overlapped or herringbone layout (b) 45'-9" for overlapped or herringbone layout D. Emergency Access. Dedicated fire lanes to serve as access for fire vehicles and emergency apparatus from a public street shall be provided as set forth below and shall be posted as a fire lane: 1. If any structure is fifty (50) feet from a right-of-way and more than thirty (30) feet high; or 2. If any structure is one hundred fifty (150) feet from a right-of-way and thirty (30) feet high or Tess; or 3. If the structure or use is commonly associated with a fire or explosion hazard; or 4. If the structure or use attracts a large congregation of people, as determined by the Fire Department. 5. Fire lanes must be at least twenty five (25) feet wide. An alley can serve as a fire lane if it meets the requirements. Likewise, an appropriately designed buffer strip unobstructed by landscaping or structures, can serve as a fire lane. 6. Projects with other characteristics, such as distance from the nearest fire hydrant, site design, etc., which inhibit fire control may requite provision of a fire lane at the discretion of the Planning Director. 7. Alternative means of fire control may be provided, subject to the approval of the Fire Department. 17.05-6 17.05 Parking Zoning Ordinance 17.05.70 Parking Required Improvements Off-street parking areas shall be improved in compliance with this section. A. Covering Materials All parking spaces, maneuvering areas, turnarounds, and driveways shall be paved with asphaltic concrete or Portland cement in accordance with standards set by the City Engineer/Director of Public Works. B. Parking Stall Designations All parking spaces except those in garages or carports shall be marked with paint or other distinguishable material. Compact and handicap parking spaces shall be identified to preclude use by other vehicles. C. Directional Signage. Directional signs shall mark one-way entrances and aisles and shall be visible to drivers of vehicles using the facility. D. Wheel Stops. Bumper guards and wheel stops shall be provided as needed to protect buildings, structures, landscaping, and other vehicles. E. Parking Area Lighting. The lighting of parking areas shall be designed in accordance with the standards for light and glare in Section 17.05.80 of this Title. F. Buffers. Parking areas provided for commercial and industrial uses shall be separated from any adjoining residential zone, church, school, or park by a six (6) foot high masonry wall. G. Headlight Glare. Where parking for any non-residential use is provided on any area of a lot whereby parking spaces or vehicle maneuvering areas will result in vehicle lights shining onto a public street, a wall or dense planting of shrubs or similar landscape material shall be provided as a buffer between the parking/maneuvering area and the street. The height of the wall or landscaping shall not be lower than three (3) feet. 17.05.80 Shared and Remote Parking Certain types of developments or combinations of land use within a specific development, may be eligible for a parking reduction if it can be demonstrated that such development may benefit from shared - parking. This section indicates the procedures applicable to development applications requesting either shared -parking or remote parking. A. Special Study Required for Shared Parking. Two (2) or more uses may share parking facilities, subject to the approval of the Planning Director and the provisions of this section. A parking demand analysis for the uses proposed to share parking facilities shall be prepared. The parking demand analysis shall be prepared by a registered traffic engineer. When such analysis demonstrates, to the satisfaction of the Director, that the uses have different peak parking requirements, then the parking space requirement may be reduced by the Director. In no event, however, shall the parking requirement be reduced below the highest peak parking requirement of the use demanding the most parking. B. Conditions and Requirements for Shared Parking. The following conditions must apply for shared parking to be permitted. 17.05-7 17.05 Parking Zoning Ordinance 1. The uses sharing the parking facilities shall be located on the same lot or contiguous lots. 2. A legal agreement shall be signed by all parties sharing parking facilities. Such agreement shall be approved by the City Attorney and Planning Director, shall be recorded with the the County Recorder's Office, and shall continue to be valid upon change of ownership of any property subject to the agreement or any lawfully existing building or structure on said properties. 3. Shared parking arrangements must be authorized by any discretionary permit issued for the use for which the parking is provided. Where no discretionary permit is required, such shared parking arrangements shall meet all other requirements of this Subsection B. C. Remote Parking. The following conditions must apply for remote parking. 1. Remote parking may be permitted for multi -family structures and commercial and industrial uses, provided such parking facilities are located no more than 300 feet from the use they are intended to serve. 2. A covenant for use of the lot for parking shall be required between the owner of the lot supporting the proposed use and the owner of the lot to be used for remote parking. The covenant for remote parking shall be prepared by the City and recorded with the County Recorder of the County. The covenant may not be revoked, modified, or canceled without the consent of the City. 3. Such agreements for remote parking shall be authorized by any required discretionary permit issued for the proposed multi -family structure or commercial or industrial use. 4. Where no other application is involved, a Conditional Use Permit shall be required to authorize remote parking. 17.05-8 17.05 Parking Chapter 17.06 Landscaping Standards City of Beaumont Zoning Ordinance -Title 17 9/18/2007 17.06 Landscaping Zoning Ordinance Section Contents Chapter 17.06 Landscaping Standards 17.06.10 Purpose and Authority 17.06.20 Applicability 17.06.30 Landscape and Irrigation Plans 17.06.40 Landscaping Requirements 17.06.50 Street Trees 17.06.60 Trees 17.06.70 Shrubs 17.06.80 Ground Cover 17.06.90 Landscaping Used for Screening 17.06.100 Landscaping Maintenance 17.06.110 Non -conforming Landscaping 17.06.120 Water Conserving Landscaping 17.06.10 Purpose and Authority Landscaped areas and buffers provide visual relief and protect one land use from the adverse effects of another. Landscaping can also help to eliminate nuisances and conflicts between adjacent land uses or between a land use and a public road. For these reasons, the City establishes provisions contained in this Chapter 17.05 to regulate the location, extent, and maintenance of landscaping in all zones. 11.06.20 Applicability The Planning Director or designee may authorize exemptions to any of the design and improvement standards in this section. Such exemptions may be granted if the Director or designee finds that the proposed design or improvement is in substantial compliance with the purpose and intent of this section. A. Minimum Standards. The minimum standards of this Chapter shall apply to all new construction, expansion, renovation, conversion, and alteration of existing uses or structures in all zone districts and land uses. B. Timing of Provision of Landscaping. Landscaping and buffering requirements shall be provided at the time of commencement of the use of the land or construction of the building, or at the time of renovation, conversion, alteration, or expansion by adding floor area, dwelling units, rooms, beds, or seats to a structure. 17.06.30 Landscape and Irrigation Plans Detailed Landscape and Irrigation Plans are required for new developments. 17.06-1 17.06 Landscaping Zoning Ordinance A. Landscaping P/ans Required. Detailed landscape and irrigation plans shall be required for all development subject to the provisions of this Chapter 17.50. Such plans shall be submitted to and approved by the Planning Department prior to the issuance of building permits. B. Preparation of Landscaping P/ans. Landscape and irrigation plans shall be prepared by a registered landscape architect. Such plans shall be fully dimensioned. 17.06.40 Landscaping Requirements The following general requirements with respect to landscaping are required of all new development. A. Required Landscaping for Non-residential Uses. For nonresidential uses, all front, side, and rear yards shall be landscaped and maintained. The types of plants, their sizes, number, irrigation, and maintenance shall comply with the landscaping standards of the City. B. Required Landscaping for Residential Uses. Landscaping in residential zones shall be required in front, side, and rear yards where the lot adjoins a dedicated street. C. Addidona/ Landscaping Required in Mu/tip/e-family Zones. Aside from required landscaping in yards, developments in the RMF zone shall provide landscaping and street trees or sidewalks and street trees for the parkway portions of adjoining streets. D. Maintenance of Landscaping. The following requirements apply to the maintenance of landscaping: 1. Property owners shall maintain the planting strip abutting each property regardless of whether the property is developed or not, except that routine maintenance on any City - owned tree shall be conducted only by the Public Works Department. 2. Any tree, shrub, or part thereof on private property that overhangs any street so that it endangers life, safety, or public property shall be removed, trimmed, or cut off within ten (10) days of written notice from the City. 3. Occupants of a property abutting a public street or alley shall keep private trees from overhanging into the public rignt-of-way. Trees shall be trimmed to maintain a minimum clearance of ten (10) feet above the sidewalk, fourteen (14) feet above a curb, seventeen and one-half (171/2) feet at center in residential areas, and seventeen and one-half (171/2) feet above the curb at bus stops. 4. Front and side yards shall not be used for off-street parking of vehicles or loading spaces. E. Parking Areas Landscaping. Parking areas shall be landscaped pursuant to the provisions of Section 17.05 of this Title. 17.06.50 Street Trees This section applies to street trees located within the public right-of-way. 17.06-2 17.06 Landscaping Toning Ordinance A. Street Trees Required in New Development. Street trees may be required as conditions of approval for any subdivision, lot split, or other permit issued in compliance with this title or other applicable City regulation. Street trees shall be twenty-four (24) inch box trees or larger. B. Permitted Plantings Only trees approved by the Planning Director shall be planted along a public street, parking strip, public right-of-way, or parkway. C. Responsibility for Maintenance. Owners of a property fronting a public street shall be responsible for the adequate watering of all street trees abutting that property and shall bear the cost of replacement of any street tree that dies as a result of insufficient watering or care. D. Alteration or Removal. No person shall plant, trim, or remove any tree or shrub on any, public street or right-of-way without approval of a permit by the Public Works Department. Such permits shall be granted to public utility companies and agencies to ensure the safe operation of their businesses and shall be valid for one (1) year from the date of issue. E. Prohibitions The following acts in planting strips or parkway areas are prohibited: 1. Construction of a tree well with diameter less than four (4) feet or otherwise filling the ground area around a tree so as to shut off light, air, or water from the roots. 2. Piling of any, building material, equipment, or other substance around any tree so as to cause injury. 3. Pouring of any deleterious matter on or around any tree or on the ground or on any lawn in such a manner as to damage the tree. 4. Cutting, breaking, defacing or damaging a tree in any manner whatsoever. 5. Placing or allowing to remain in any parkway area any vegetation (other than an approved tree) or structure exceeding eighteen (18) inches in height. 6. Posting or affixing to any City tree any bill, poster, picture, placard, announcement, notice, advertisement, or sign. F. Violation of any provisions of this Section 17.50 shall be considered a misdemeanor. 17.06.60 Trees In addition to any trees required within parking areas and required street trees, an additional one (1) tree shall be provided for every three hundred (300) square feet of landscaped area. Of the total trees provided within parking areas, a minimum of fifty (50) percent shall be twenty-four (24) inch box size or larger. 17.06.71 Shrubs Areas planted with shrubs shall be planted with a minimum of one (1) shrub per twenty-five (25) square feet. Seventy-five (75) percent of the shrubs shall be at least five (5) gallon size or larger. 17.06-3 17.06 Landscaping Zoning Ordinance 17.06.80 Ground Cover Ground cover may be provided in the form of turf, shrubs, vines, or similar live plant materials. Such material shall be planted in a manner to provide one hundred (100) percent coverage within two (2) years of initial planting. Any such material provided shall be maintained in a neat and healthy condition. 17.06.98 Landscaping Used for Screening This section indicates the requirements with respect to the landscaping of buffers. A. Landscaped Buffers for Industilai Uses A landscaped buffer shall be provided along the boundary of all industrially zoned property where it abuts a residential or commercial zone. B. Walls Where a berm is provided, a three (3) to six (6) foot high masonry wall is allowed at the setback line with a berm to add to its height. C. Passive Recreational Use of Buffers Buffers located along the outer perimeter of a parcel may be used for passive recreation. 17.06.100 Landscape Mainte nance The property owner shall permanently and continuously maintain all landscaping in a neat, clean, and healthy condition, including removal of litter, proper pruning, mowing of lawns, weeds, fertilizing, and watering; and replacement of diseased and/or dead plants. Front and side yards shall not be used for off- street parking of vehicles or loading spaces. All yards abutting public streets are required to be landscaped and maintained with at least 85% of the area covered with growing plant. 17.06.110 Nonconforming Landscaping This section indicates the requirements with respect to nonconforming landscaping. Nonconforming landscaping is defined as any combination of plant materials, water features, and irrigation systems that do not conform to the site coverage, percentage distribution, installation, maintenance, or other requirements of this Chapter. A. Nonconforming Landscaping Maintained. Any landscaping that is made nonconforming by the provisions of this ordinance or any previous ordinance regulating landscape coverage, distribution, installation, or maintenance shall not be required to be improved to meet the minimum standards of this Chapter unless improvements to the site are made as outlined in subparagraph B below. B. Landscaping Required with Improvements. Whenever improvements to an existing building or development site are proposed and the value of such improvements is equal to or greater than fifty (50) percent of the total assessed value of existing property improvements, as determined by the Planning Director, then all nonconforming landscaping shall be required to be improved to meet the minimum standards of this Chapter. 17.06-4 17.06 Landscaping Zoning Ordinance 17.06.120 Water -Consenting Landscaping The purpose of this section is to establish standards and procedures for the design, installation, and management of water -conserving landscapes in order to utilize available plant, water, and land resources to avoid excessive landscape water demands while ensuring high quality' landscape design. A. Water Conservation Plan Requirement. These requirements shall be applicable to new and rehabilitated landscaping for industrial, commercial, office, and institutional developments; to parks and other public recreational areas; to multi -family (five [5] or more units) residential and condominium project common areas; to model home complexes; and to City road medians and corridors. B. Landscaping Plan is Not Required. These requirements shall not be applicable to: 1. Homeowners providing landscaping at single-family residences. 2. Cemeteries. 3. Ecological restoration projects that do not require a permanent irrigation system. 4. Any project with a landscaped area less than one thousand (1,000) square feet, unless the Planning Director determines that substantial compliance with the purpose of this section requires that a landscape plan be submitted. C. Landscape Plan Requirements. Landscape plans shall be prepared in accordance with the standards set forth in this subsection and any applicable guidelines and submitted and approved prior to the issuance of building permits. 1. Prior to issuance of a building permit, a landscape plan application shall be submitted by the owner of the affected property, his agent, or by a public entity to which the provisions of this subsection apply for review by the Planning Director. The application shall be completed on forms furnished by 2. No landscape plan application shall be approved unless the Planning Director finds that the plan: complements the design of the project; is consistent with the provisions of this subsection and applicable guidelines; and is compatible with adjacent existing or future public landscaped areas, and with the elevations and appearances with existing structures located upon lots within the immediate vicinity of the lot that is the subject of such application. 3. A landscape plan shall consist of the following elements, including but not limited to the following information: a. Each landscape plan shall include a cover sheet referred to as the Water Conservation Concept Statement, which serves as a checklist to verify that the elements of the landscape plan have been completed. The statement shall include a brief narrative summary of the project, including calculations of the project's maximum water allowance and estimated applied water use. 17.06-5 17.06 Landscaping Zoning Ordinance b. The planting plan shall identify the location, spacing, number, and container size of all plant materials, including common and botanical names. The planting plan shall be drawn on project base sheets in clear and legible fashion in accordance with the guidelines for this subsection. c. The irrigation plan shall identify all components of the irrigation system drawn on project base sheets in a clear and legible fashion in accordance with the guidelines for this subsection. D. Water Features. Decorative water features such as pools, ponds, and waterfalls used in landscaped areas shall incorporate recycling of water, and, where available, use reclaimed water. Decorative water features shall be designed and operated to minimize water loss. E. Water Conservation in New Development. For each subdivision with model homes the developer shall submit a landscape plan and install landscaping for each model home, incorporating the requirements of this subsection and including: 1. Signs identifying elements of the water conserving landscape and irrigation system design placed around the model. 2. Literature describing water conserving landscapes to be available to individuals touring the model. 3. The location, text, and size of signs shall be clearly shown on the landscape plan and shall be in substantial accordance with the guidelines of this subsection. F. Certification. Upon completion of the installation of the landscaping, the designer shall certify that the landscape complies with all requirements of this subsection. Certification shall be accomplished by completion of a Landscape Certificate on a form approved by the Director. Failure to submit a complete and accurate Landscape Certificate will delay final approval of the project. 17.06-6 17.06 Landscaping Chapter 17.07 Signs City of Beaumont toning Ordinance -Title 17 9/18/2007 17.07 Signs Zoning Ordinance Section Contents Chapter 17.01 Signs 17.07.10 Purpose, Needs, and Goals Interest Served 17.07.20 Objectives 17.07.30 Basic Policies 17.07.40 Categorization of Signs 17.07.50 Definitions 17.07.60 Administration, Permits and Appeals 17.07.70 General Provisions 17.07.80 Signs Permitted in All Zones 17.07.90 Signs in Open Space, Residential and Agricultural Zones 17.07.100 Signs in Manufacturing Zones 17.07.110 Signs in General Commercial Zone 17.07.120 Signs in Special Commercial Areas 17.07.130 Sign Regulations for Specific Plan Area Zone 17.07.140 Design Standards for Signs Chart Major Permitted Sign Types 11.01.10 Purpose, Needs, and Goal Interest Served It is the purpose of this Chapter to make the City attractive to residents, visitors and commercial, industrial and professional businesses while maintaining economic stability and vitality through an attractive signing program. A. Recognition of Needs; Goals. The City recognizes the need for signs as a means to identify businesses and other necessary and beneficial activities within the community. The City finds that signing is an important design element of the physical environment. Provisions consistent with the goals and objectives of the community are necessary to ensure that the special character and image the community is striving for can be attained while serving business and other needs in the community. The City is striving to provide an economically stable and visually attractive community through high quality site planning, building designs, landscaping and signing. As a planned architectural feature, a sign can be pleasing and can harmonize with the physical character of its environment. Proper controls can achieve this goal and will make the City a more attractive place to live, work and shop. B. Interests Served. The City enacts this chapter to serve many important governmental, City and community interests, which include but are not limited to: community aesthetics and the promotion of the visual appeal of the City, promotion of economic activity, the promotion of safety for motorists and pedestrians. 17.07-1 17.07 Signs Zoning Ordinance C. Authority. The City enacts this Chapter pursuant to the authority granted by the State Legislature and codified as Government Code section 65850. 17.07.21 Ob'actives The objectives of this section chapter are: 1. To allow for signage which is effective to direct persons to various activities and enterprises, in order to provide for public convenience; 2. To provide a reasonable system of controls for signs, to ensure the development of a high quality visual and functional environment; 3. To encourage signs which are well designed and pleasing in appearance; 4. To encourage a desirable urban character which has a minimum of overhead clutter; 5. To enhance the economic value of the community and each area thereof by reasonably limiting the size, number, location, design and illumination of signs; 6. To encourage signs which are compatible with on-site and adjacent land uses; 7. To help facilitate the establishment of identifiable special areas and enclaves in the community and to enhance important historic elements in such areas; 8. To preclude potential traffic and safety hazards through good signing; 9. To protect the general public health, safety and welfare of the community; 10 To regulate signs in a manner consistent with the General Plan; and, 11. To regulate signs in a manner consistent with the free speech rights guaranteed by the First Amendment to the United States Constitution and the liberty of speech and related provisions of the California Constitution. 17.07.30 Basic Policies The policies stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary. A. Enforcement Authority. The Director of Planning is authorized and directed to enforce the provisions of this Chapter. The Director may designate one or more representatives of the department to implement the provisions of this Chapter. B. Permits When Required. No sign may be constructed, mounted, or displayed in the City unless the same is duly permitted pursuant to this Chapter, or is exempt from permitting, either 17.07-2 17.07 Signs Zoning Ordinance 0%, 8E40 .N.411W0 pursuant to this Chapter or by other applicable law. In addition to the requirements of this Chapter, all signs constructed, mounted or displayed within the City must also satisfy all applicable safety codes (building, electrical, plumbing, grading, etc.) and all applicable requirements of other bodies of law. C. Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. D. Message Substitution Policy. Subject to the landowner's consent, any noncommercial message may be substituted, in whole or in part, for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel; it does not allow the substitution of an offsite commercial message in place of an onsite commercial message, and it does not affect the requirement that a sign structure or mounting device be properly permitted. E. Regulatory Interpretations All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter. F. Rules for Non -Communicative Aspects of Signs. All rules and regulations concerning the non- communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process. G. B///board Policy, The City Council finds that the City already has a sufficient number of billboards to satisfy the community's needs for offsite commercial messages, and that any new or additional billboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely prohibits the construction, erection or use of any billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted. The City adopts this policy pursuant to California Government Code section 65850, and California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). No permit shall be issued for any billboard which violates this policy, and the City will take immediate abatement action against any billboard constructed or maintained in violation of this policy. The City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently existing, legal billboards, as encouraged by California Business and Professions Code section 5412. 17.07-3 17.07 Signs Zoning Ordinance H. Mixed or Multiple Use Zones. In any zone where both residential and non-residential uses are allowed, whether such zones are now existing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential use where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process. I. Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property. 3. Legal Nature of Signage Rights and Duties As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign -related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter), or the ownership of sign structures. K. Preservation of Existing Rights and Duties This Chapter does not abrogate any easements, covenants, or other existing agreements that are more restrictive than the provisions of this Chapter. L. Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other non -communicative aspects of signs, but may not override or modify any of these basic policies. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. M Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council affirmatively declares that it would have approved and adopted the Chapter even without any portion, which may be held invalid or unenforceable. 11.07.40 Categorization of Signs For purposes of this Chapter, signs within the City shall be classified in one or more of the following categories: A. Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement. 17.07-4 17.07 Signs Zoning Ordinance B. Announcement or Bulletin Board Sign. Signs, permanent in character, designed and constructed to accept changeable copy, handbills, posters and other temporary materials of a similar nature. C. Awning Sign. A sign painted or printed on the exterior surface of and awning. An alternative to a wall sign, permitted as same. D. Banner. A fabric or fabric -like material on which an advertising message is painted or otherwise affixed. E. Billboard. A permanent structure sign used for the display of offsite commercial messages. F. Construction Sign. A sign mounted on the site of a construction or remodeling project, for which a building permit is required and has been issued, displayed during the time period beginning with the issuance of the building permit and ending with the earliest of any of the following: expiration of the building permit, issuance of a certificate of occupancy, certificate of completion, final inspection, or the functional equivalent of any of them. G. Directional Sign. A sign that provides directional information for drivers, pedestrians, and travelers. H. Electronic Message Sign. A sign with the capability of presenting variable message displays by projecting an electronically controlled Tight pattern against a contrasting background and which can be programmed to change the message display periodically. I. Flag. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual colors, images, or symbols, typically those of governments, religions, causes, or organizations., or specific business activities. 3. Flashing Signs Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, and klieg lights only when they are used for commercial purposes. K. Monument Sign. A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view. L. Namep/ate. Signs identifying the occupant of the premises, the business and/or address. M Off-site sign. A sign which advertises or informs in any manner businesses, services, goods, persons or events at some location other than that upon which the sign is located. The onsite/offsite distinction applies only to commercial messages. N. Painted sign. A sign painted or mounted on the exterior surface of a building or structure. 0. Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract attention of passersby. 17.07-5 17.07 Signs Zoning Ordinance P. Pole or Pylon Sign. A sign with an overall height exceeding six feet and supported by one or more poles or pylons attached directly into or upon the ground. Portab/e Sign. A sign designed and constructed so as to be easily moved. Such signs are usually not to a building or anchored to the ground. Common types include "A" frame signs, sandwich board signs, and sidewalk signs. Q. R. Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways. S. Projecting Sign. A sign which is suspended from or supported by a building or wall and which projects outward from such building or wall a distance of twelve inches or more. Contrast: wall sign. T. Rea/ Estate Sign. A sign which displays information regarding an economic exchange of which land or improvements thereon is the subject. Such signs are usually temporary in physical structure and display messages such as "for sale," "for rent," etc. A sign which announces vacancies at hotels, motels, and other places of short-term accommodation are not within this definition. U. Revolving Sign. A sign or a portion thereof, which rotates or revolves. V. Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure. W. Temporary Sign. A sign which, by virtue of its lightweight or flimsy construction, is not suitable for long term display. Common temporary signs include banners, pennant valances, streamers, advertising balloon, inflated or air activated advertising devices, search lights, beacons, moving stuffed animals, or advertising displays constructed of cloth, canvas, light fabric, plastic, paper, cardboard, wallboard, wood or other light or similar materials used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, vehicle or other object. X. Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location. Y. Vehicle Signs. Signs on or affixed to trucks, vans, automobiles, trailers, or other vehicles which advertise or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise or rendering of service from such vehicles. Z. Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall and which projects not more than twelve inches from the building or structure wall. Contrast: projecting sign. AA. Window Sign. A sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building. 17.07-6 17.07 Signs Toning Ordinance 17.07.50 Definitions ok 3E46,, DC7 For purposes of this Chapter, the following words and phrases have the meanings stated in this section. A. Administrator. Same as Director. B. Advertising Structure. A structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which any poster bill, printing, painting or other advertisement of any kind whatsoever may be placed for advertising purposes. C. Area of Sign. The area of a sign shall include the entire area within a series of rectangles (maximum four per visual plane) whose outermost borders are defined by the outermost extent of any writing, representation, emblem, figure, character or separate sign surface. When letters comprising a sign message are placed on a background or field which is different in color or materials from the architectural features of the building on which the sign is mounted, the sign area shall be calculated as the entire area comprising the overall sign feature. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign. D. Awning. Either a fabric covered appendage or a temporary collapsible shelter of noncombustible materials supported entirely from the exterior wall of a building and used to create shade. Such a device is considered a sign only when it is also used to display an image or message. E. Canopy. A fixed overhead shelter used as a roof, which may or may not be attached to a building. Such a device is also a sign only when it is also used to display an image or message. F. Changeab/e Copy. Sign display copy, which may be changed without altering the physical structure or mounting device of the sign itself. G. Commercial Comp/ex. Any group of three (3) or more commercial uses on a parcel or combination of contiguous parcels which are generally served either by common access or common parking, or a large single commercial use occupying at least two and one-half (21/2) acres with a minimum of two hundred (200) feet of street frontage. H. Commercial message. A message displayed on a sign that primarily concerns business, commercial or economic interests, or which proposes an economic transaction. Commercial messages may be onsite or offsite; however, the onsite/offsite distinction applies only to commercial messages. I. Development. A building wherein two or more separate independently owned or operated establishments are located. 3. Director. The City's Planning Director. 17.07-7 17.07 Signs Zoning Ordinance K. Establishment. Any non-residential use of land involving permanent structures or buildings. L. Face of Building. The wall of a building, excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases of decorations, but including any required parapet wall. M. Frontage. The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, railroad or freeway. N. Frontage of the Parcel. On a lot with more than one frontage on a public street, the front footage of the parcel shall be determined by the measurement of the larger or largest frontage on a public street. 0. Height of a sign. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially alter the height of a sign. P. Hospital or Med/ca/ Center Comp/ex. Any group of medical or hospital buildings under single ownership on a parcel or combination of parcels that contain a minimum of twenty (20) acres or more. Q. Industria/ Comp/ex. Any group of three (3) or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least one hundred thousand (100,000) square feet of floor area. R. Landscaped Planter. An area specifically designated for plant materials that may be at, below or above grade. S. Line of Sight. The point of visibility from the street to an object, e.g., sign. The longer the line of sight, the further the sign is visible from the street. T. Lumipoussign. A sign that emits light. U. Mansard Roof. A sloped, decorative roof element attached to the face of a building wall. V. Noncommercial message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message. Noncommercial messages typically consist of expressions on the topics of politics, religion, philosophy, morals, and public controversies. The onsite/offsite distinction applies only to commercial messages. W. Off-site or off -premises sign. A sign whose message does not pertain or relate to the premises upon which the sign structure is mounted or constructed. The onsite/offsite distinction applies only to commercial messages. X. On-site or on -premise. As pertaining to signs, a message which concerns or relates to the same premises as that upon which the sign is mounted or displayed. The onsite/offsite distinction applies only to commercial messages. Y. Office Comp/ex. Any group of three or more office uses on a parcel or combination of parcels 17.07-8 17.07 Signs Zoning Ordinance that are generally served either by common access or common parking. Z. Primary Street Frontage. The street frontage from which the majority of the pedestrian or vehicular traffic is drawn or toward which the building or buildings are oriented for primary visual impact. Each commercial complex or shopping center shall be allowed to designate only one primary street frontage. Where no single street frontage can be identified as the primary street frontage, or in cases of dispute as to which street frontage is the primary street frontage, the Planning Director shall designate the primary street frontage in conjunction with the review of proposed signs. AA. Secondary Street Frontage. A street frontage other than a primary street frontage. BB. Shopping Center. Same as commercial complex. CC. Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regulatory purposes of this Chapter: a. Interior signs: Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal; b. Architectural features*: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts); c. Symbo/s embedded in architecture: Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; d. Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots); e. Manufacturers' marks: Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale; f. Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter; g. Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City; h. Certain insignia on vehicles and vessels: On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel; 17.07-9 17.07 Signs Zoning Ordinance of 8E'4/✓g i. Gravestones or grave markers. j. Newsracks and newsstands. DD. Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display. EE. Window Area. The total area of a window upon which signs, images or messages may be mounted. A group of window panes or panels can be considered one window if they are adjoining on the building face and are less than six (6) inches apart. 17.07.60 Administratlon, Permits, and Appeals A. Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or reconstructing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other applicable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances. B. Permit - Method of Application. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees or bonds as specified by City Council resolution. C. Permit Application - Contents. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including: 1. Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan. 2. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building. 3. Structural details and circulations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five square feet and the height of the sign exceeds six feet. 4. A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite. D. Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within 17.07-10 17.07 Signs Zoning Ordinance fifteen working days. Unless the applicant waives time, failure of the Director to issue a written decision within fifteen working days shall constitute denial of the application. Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign. E. Appeals. Alt sign permit applications shall be initially reviewed by the Director. When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the City Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the City Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within thirty days. In the cases of appeal to the Planning Commission and the City Council, the hearing must follow normal procedures for agendizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the city could have issued a decision. F. Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.8. G. Mu/fiple Sign Applications When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial. H. Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and/or the terms or conditions of any permit, after written notice of noncompliance and at least fifteen (15) days opportunity to cure. I. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation. ]. Interpretation of Provisions Whenever the application of this Chapter is uncertain, the Director may refer the matter to the Planning Commission for determination. All interpretations are to be made in light of the Basic Policies section of this Chapter. K. Variances Applications for a variance from the terms of this Chapter shall be reviewed by the Planning Commission according to the variance procedures set forth in the Zoning Ordinance; however, variances shall be considered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite/offsite distinction for commercial messages). 17.07-11 17.07 Signs Zoning Ordinance L. Uniform Sign Program. All applications for approval of signs in a shopping center, commercial, industrial or office complex, a group of three (3) or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of Uniform Sign Program accompanied by sketches and drawings to scale and dimensions showing details of construction, including connections and electrical plans, if any, and shall delineate the typical size, shape, design, material, coloring, lettering, lighting and position of the signage in relationship to the building form or place where it will be displayed. Scaled sketches of existing signs on the premises shall accompany the application. M. Motor/sts'/ine of sight. All sign locations shall be safe for traffic sight purposes. A sight distance study may be required with each monument or pylon sign being proposed in the Uniform Sign Program when located next to any right-of-way, sidewalk, driveway, or as designated by the Planning Director. N. Program approval. All sign programs shall be filed and reviewed as provided in this Chapter. Such Uniform Sign Programs shall be developed in full compliance with the requirements of this Chapter. No sign shall be installed which does not conform to the approved Uniform Sign Program. 17.07.70 General Provisions A. Exempt signs Subject to the qualifications and conditions stated in this section, the following signs are exempt from the application, permit and fee requirements of this Chapter. However, the exemption from the sign permit requirement does not exempt the proposed sign from safety code permitting, such as building, electrical, plumbing, grading permits, etc. 1. Permanent window signs not exceeding four (4) square feet and limited to business identification, hours of -operation, address and emergency information only; 2. Real estate signs not exceeding four (4) square feet in area of five (5) feet in height, maximum one sign per parcel or lot, provided it is unlit and is removed within fifteen (15) days after the close of escrow or the rental or lease has been accomplished; 3. Contractor or construction signs: One sign shall be permitted on a construction or remodeling site. The sign may not exceed thirty-two (32) square feet unless a larger sign is required by another body of law, in which case the smallest sign conforming to the law shall be used. The construction sign may not exceed eight (8) feet in overall height, and shall be set back from the property line by at least (10) feet. Construction signs must be removed at the earliest of: issuance of certificate of occupancy, certificate of completion, or final inspection checkoff, or their functional equivalent. 4. Future tenant identification sign: Future tenant identification signs may be placed on vacant or developing property to advertise the future use of the property and where this information may be obtained. Such sign shall be limited to one per street frontage and to a maximum of thirty-two (32) square feet in area and eight (8) feet in overall height for parcels containing ten (10) acres or less. For parcels greater than ten acres, one sign is permitted for every six hundred (600) feet of street frontage and is limited to sixty-four (64) square feet in area per side and fifteen (15) feet in overall height. Such signs may also be placed along the freeway at one thousand (1,000) foot intervals, not to exceed one hundred and fifty (150) square feet 17.07-12 17.07 Signs Zoning Ordinance in area per side and twenty (20) feet in overall height. Further, such signs shall be placed no Tess than ten (10) feet from any property line. Any such sign shall be removed upon completion of such project; 5. Real estate signs on industrial, commercial or agricultural property: One sign per street frontage not to exceed thirty-two (32) square feet; no such sign shall exceed eight (8) feet in overall height and shall be set back from the property line at least ten (10) feet. Where a property has in excess of six hundred (600) linear feet of frontage, one additional sign is permitted for each six hundred (600) linear feet of street frontage. 6. Real estate signs on residential properties: one sign not exceeding eight (8) square feet in area per display face, not more than two (2) display faces, maximum height five (5) feet, setback from the property line at least five (5) feet. 7. Memorial tablets, plaques, or directional signs for community historical resources, installed by a recognized historical society or civic organization; 8. Directional signs not exceeding three (3) square feet in area; 9. Residential building identification signs used to identify individual residences and not exceeding two (2) square feet; 10. Official and legal notices issued by the court, public body, person or officer in performance of his public duty or in giving any legal notice; 11. Directional, warning, identification, or informational signs or structures required or authorized by law or by federal, State, County or City authority; 12. Flags. Flags on commercial, industrial or agricultural properties: a. maximum number of flags for property less than one (1) acre: three (3); maximum height of flag poles: thirty (30) feet; maximum area of each flag: Forty-two (42) square feet (measured one side only). b. maximum number of flags for property more than one (1) acre: six (6); maximum height of flag poles: thirty (30) feet; maximum area of each flag: Forty-two (42) square feet (measured one side only). c. Flags on residential properties: maximum number of flags: four (4); maximum number of flag poles: one (1); maximum height of flag pole: not higher than the top of the roof of the residential structure; maximum area of all flags combined: sixty (60) square feet. No flags displaying commercial messages, images or symbols may be displayed in residential zones. 13. Signs of public utility companies, indicating danger or which serve as an aid to public safety or which show location of underground facilities or public telephones; 14. Safety signs on construction sites; 15. Political etc. Signs displaying political or other noncommercial messages may be displayed on private property in any zone at any time under the message substitution policy of this Chapter. In residential zones and on legal residential uses, in addition to the flag allowance, 17.07-13 17.07 Signs Zoning Ordinance temporary or permanent signs displaying political or other noncommercial messages may be displayed at any time, subject to: maximum number of signs: not limited; maximum size of any one size (measured one side only): eight (8) square feet; maximum area of all signs combined: sixteen (16) square feet; however, these limits on size, number and total area (but not height) may be doubled during the time period which commences forty-five (45) days before and ends ten (10) days after any general or special election. 16. Temporary window signs for any establishment in a commercial zone, and for commercial uses in industrial or industrial/business park zones when approved as part of a Uniform Sign Program, are allowed without permit subject to: a. Maximum window sign: thirty (30) percent of the window area (on multi -story buildings, only the windows on the first floor may be counted), but in no event shall window signs exceed one hundred fifty (150) square feet per street frontage. b. The placement of the sign shall be located on the first floor only on multi -story buildings, and shall not exceed twenty (20) feet in height above finished grade on one-story buildings. c. No temporary window sign shall be displayed continuously for more than thirty (30) days. 17. Paper signs, which advertise "weekly specials", and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look. 18. Residential garage or yard sale signs are allowed without permit subject to the following requirements: a. A permit for the garage and yard sale shall be obtained prior to the erection of any signs for such event. b. A maximum of three (3) signs are permitted. c. Signs shall be limited to a maximum size of three (3) square feet each. d. Signs shall only be placed on private property, and not in the public right-of-way or on utility poles. e. Signs shall only be erected on the day of the event as permitted and shall be removed at sunset each day. B. Prohibited Signs The signs described in this subsection are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, either by permit or exemption from the permit requirement. 1. Roof signs; 2. Flashing signs, except time and temperature signs; 17.07-14 17.07 Signs Zoning Ordinance 3. Animated signs; 4. Revolving signs; 5. Portable signs; 6. Off-site commercial signs on permanent structures; 7. Signs on the public right-of-way, except where required by a governmental agency; 8. Signs blocking doors or fire escapes; 9. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots; 10. Banners, flags, pennants and balloons, except for special events as provided for in this Chapter; 11. Inflatable signs or signs designed to be air activated, floated or flown, including balloons used for commercial advertising purposes, kites or other serial signs that are made of any electrically conducive material; 12. Signs, posters, advertisements, etc., attached to utility poles, shall be prohibited. C. RoofSigns. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be permitted if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building. D. Signs Related to Inoperative Establishments Signs promoting activities or establishments which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within sixty (60) days after the premises has been vacated. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this Chapter. E. Enforcement, Penalties and Abatement. 1. Any violation of this Chapter shall be deemed to be a continuing violation until the violation has been corrected. 2. Violation of any of the provisions of this section shall constitute a nuisance and a Zoning ordinance violation. 3. Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees. 4. The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of 17.07-15 17.07 Signs Zoning Ordinance the removal, storage and/or destruction and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees. 5. Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows: a. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten (10) days before the date. The notice shall also set forth the provisions of this section. b. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the Planning Department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the contentions why the sign should not be removed and destroyed. c. If a request for hearing is filed, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than thirty (30) days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the Planning Commission shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this Chapter, the decision of the Planning Commission shall become final ten (10) days after mailing. d. The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten (10) days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than thirty (30) days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the City Council shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. The decision of the City Council becomes final ten (10) days after mailing. e. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign within the public right-of-way, the City may remove and destroy the sign. f. Notwithstanding any provision of this Chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be 17.07-16 17.07 Signs Zoning Ordinance removed immediately and stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section. F. Construction and Maintenance of Signs 1. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable State, federal, and City regulations, the Uniform Building Code and the National Electrical Code. 2. Every sign and all parts, portions and materials shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or damaged portion of a sign shall be repaired or replaced within thirty days following notification by the City. Noncompliance with such a request will constitute a zoning violation and will be enforced as such. G. Flags (real estate sales and leasing). Commercial flags and banners are permitted in conjunction with an approved residential subdivision sales office or a commercial sales or leasing office, or an industrial sales or leasing office. Such flags shall conform to the following provisions: 1. A maximum of six (6) may be used. 2. The flags or banners shall be no higher than fifteen (15) feet. 3. The flags or banners shall be displayed in the immediate vicinity of the sales/leasing office. In no case shall the flags be allowed within the public right-of-way. 4. In the case of a residential subdivision office, the flags may be maintained as long as a valid operating permit for the sales office remains in effect. 5. In the case of a commercial office or industrial sales or leasing office, the flags may be maintained until seventy-five percent (75%) of the spaces have been leased. 6. The maximum size of any one flag shall not exceed fifteen square feet. All flags shall be maintained in good condition; torn or worn flags shall be replaced. H. Roof Signs Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be permitted if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building. I. Inoperative establishments Signs pertaining to activities or businesses which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within sixty (60) days after the premises has been vacated. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this chapter. 17.07-17 17.07 Signs Zoning Ordinance J. Enfarrement, penalt/es and abatement. BEAU u. 1. Any violation of the provisions of this section shall be deemed to be a continuing violation until the violation has been corrected. 2. A violation of any of the provisions of this section shall constitute a nuisance and a zoning ordinance violation. 3. Notwithstanding any other provision of this section, the city attorney, upon the order of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this section. In any such action, the city shall be entitled to recover its costs and its reasonable attorney's fees. 4. The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the city for the cost of the removal, storage and/or destruction and the city may recover the same through an action commenced in a court of competent jurisdiction together with the city's court costs and reasonable attorney's fees. 5. Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the city as follows: a. If the address of the owner or other person entitled to possession of the sign is known, notice of the city's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten (10) days before the date. The notice shall also set forth the provisions of this section. b. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the planning department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the contentions why the sign should not be removed and destroyed. c. If a request for hearing is filed, the planning commission shall hear the matter at a regularly scheduled meeting held not more than thirty (30) days thereafter. After the hearing, the planning commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the planning commission shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this chapter, the decision of the planning commission shall become final ten (10) days after mailing. d. The owner or other person entitled to possession may file a notice of appeal with the city clerk within ten (10) days after the date of mailing of the planning commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the city council at a 17.07-18 17.07 Signs Zoning Ordinance regular meeting scheduled not more than thirty (30) days thereafter. After hearing, the city council shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the city council shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. The decision of the city council becomes final ten (10) days after mailing. e. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the planning department, the city may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the planning commission or the city council determining that the sign is an illegal sign within the public right-of-way, the city may remove and destroy the sign. f. Notwithstanding any provision of this chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the city, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section. K. Construction and maintenance of signs 1. Code compliance. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable state, federal, and city regulations, the uniform building code and the national electrical code. 2. Maintenance. Every sign and all parts, portions and materials shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or damaged portion of a sign shall be repaired or replaced within thirty days following notification by the city. Noncompliance with such a request will constitute a zoning violation and will be enforced as such. 17.07.80 Signs Permitted in all Zones A. Permitted Signs Generally, Sign permits shall be issued for signs included under this section, provided the signs are in compliance with the qualifications stated in this section, and all other applicable laws and ordinances. B. Directional Signs 1. Private party directional signs shall be designed, constructed and mounted so as to be viewed from on-site or from an area adjacent to the site by pedestrians or motorists while parking their automobile. 2. Private party directional signs may not contain commercial advertising material. 3. Private party directional signs are not be allowed within the public right-of-way. 17.07-19 17.07 Signs Zoning Ordinance 4. Private party directional signs shall not exceed four (4) square feet in area, per side. In the case of a ground sign, the overall height shall not exceed four (4) feet. C. Special Event Signs. Special event signs shall be permitted when they comply with the provisions of this subsection. Such signs are permitted for a limited period of time in any zoning district in connection with a special temporary event, such as (by way of example and not limitation), grand openings, parades, marches, demonstrations, carnivals, festivals, charitable events, special holiday season displays, etc., when such events comply with all applicable laws. Applicants for a special event signs shall submit a letter to the director that describes the proposed event by location, area and time duration. The application shall be processed in the same manner, and subject to the same appellate procedures, as an application for a sign permit. Special event sign permits shall be limited to the following provisions: 1. No more than one special event sign shall be permitted per special event; such sign shall be either a wall, window or ground sign, or may be in the form of a banner or pennant. 2. The special event sign shall be a maximum of fifty (50) square feet in area (measured one side) and shall be posted below the roof or shall be no higher than eight (8) feet in the case of a ground sign. 3. Special event signs shall be limited to cumulative total of forty-five (45) days per calendar year. As to any one special event, the sign may be on display not more than fourteen calendar days preceding the event, and not more than three calendar days after the conclusion of the event. However, in the case of special commercial events and promotional sales, the maximum display time for any single event is fifteen calendar days. D. Permitted Signs - On-site Subdivision Signs Onsite subdivisions may display signs which conform to the following: 1. One temporary on-site subdivision sign not to exceed sixty-four (64) square feet total for two (2) sides or thirty-two (32) square feet for one side and a total overall height of fifteen (15) feet may be permitted on each primary street frontage of the property being subdivided, not to exceed two (2) such signs for all phases of any subdivision (interior streets of the subdivision are not recognized as a main street frontage). 2. Such signs shall be removed within ten (10) days from the date of the final sale of the land and/or residences. 3. Signs shall be maintained in good repair at all times. 4. A cash deposit of five hundred dollars ($500.00) per sign shall be deposited with the sign application to ensure compliance with this section and removal of such sign. The deposit shall be refunded to the applicant upon sign removal by the applicant. If the city is forced to remove any signs, then the cost of removal shall be deducted from the deposit. E. Permitted Signs - Temporary Subdivision Directional Signs. The following signs may be permitted in any zoning district subject to the provisions listed: 17.07-20 17.07 Signs Zoning Ordinance 1. A maximum of six (6) signs may be used to lead customers to the site. 2. Signs shall be no larger than six hundred (600) square inches and shall be grouped on a two- sided sign structure as shown in exhibit a. the city may, from time to time, develop or amend the design details for this sign structure. 3. A sign structure shall be located not less than six hundred (600) feet from an existing or previously approved sign site. Further, each sign may only contain the name of the subdivision, and a directional arrow as shown on exhibit b. 4. The placement of each sign structure shall be reviewed and approved by the Planning Director, who shall base the decision on non -communicative aspects of the sign. 5. Signs placed on private property shall require the written consent of the property owner, to be filed with the Planning Director prior to issuance of a permit. Signs in the public right-of- way shall be reviewed and approved by the public works director prior to issuance of the sign permit, and shall require approval of an encroachment permit. 6. A sign location plan shall be prepared showing the site of each directional sign and shall be submitted to the planning department prior to the issuance of a sign permit. 7. Any such sign approved for a particular subdivision within the city shall not be changed to advertise another subdivision. 8. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenance added to the sign as originally approved. Further, no other directional signing may be used, such as posters or trailer signs. 9. All nonconforming subdivision signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit. 10. A five hundred dollar ($500.00) cash deposit shall be placed with the city to ensure compliance with this subsection. Any sign placed contrary to the provisions of this section may be removed by the city and the cost of removal shall be deducted from the deposit. Additional costs incurred by the city resulting from the removal of illegal signs shall be charged to the developer. 11. The sign(s) may remain on display only until the subdivision is sold out. 17.0190 Signs 1n Recreation -Open Space, Residential and Agricultural Zones A. R -C (Recreation -Conservation) Zone. Signs in the R -C Zone shall be limited to "for sale" signs in accordance with Section 17.61.025 of this Chapter and the following signs for commercial recreation uses, subject to approval of a Uniform Sign Program as described in Section 17.61.020. 1. One monument sign for each street frontage, limited to five (5) feet in height and thirty-two (32) square feet in size. 17.07-21 17.07 Signs Zoning Ordinance 2. Building mounted signage not exceeding ten percent (10%) for any building wall. B. Residenta/Zones The following signs shall be permitted in residential zoning districts: 1. Single -Family Residential Zone (R -SF). Real estate for sale signs, and identification signs in accordance with Section 17.61.025.A (2) of this Chapter, and noncommercial signs per section 17.61.025.A(15). 2. Multi -Family Residential Zone (R -MF). a. Real estate for sale signs in accordance with Section 17.61.025.A(2) of this Chapter. b. A maximum of two signs indicating the name of the multiple -family dwelling, apartment or dwelling group shall be permitted. Such signs may include monument signs not exceeding six (6) feet in height and/or wall -mounted signs. The total area of each sign shall not exceed four (4) square feet for less than twelve (12) units, or twelve (12) square feet for twelve (12) or more units. Signs attached to the wall of the building shall not extend above the roof or eave line. Such sign may project twelve (12) inches maximum from the building face. Identification signs may be illuminated, either internally or externally; provided, that all lights are directed away from public rights-of-way and adjacent properties. c. An illuminated directory sign shall be provided at each entrance of all multi -family complexes with more than twelve (12) dwelling units. Directory signs shall provide a diagrammatic representation of the complex in accordance with the requirements of the Fire Department d. Noncommercial signs per section 17.61.025.A(15) of this Chapter. C. Rural Residential (R -R) Zone. 1. Real estate for sales signs and identification signs in accordance with Section 17.61.025.A(2) of this Chapter. 2. Signs for produce sales, subject to approval of a Uniform Sign Program in accordance with Section 17.61.020.L of this Chapter. 3. Noncommercial signs per section 17.61.025.A(15) of this Chapter. 17.07.100 Signs In Manufacturing Zones A. M (Manufacturing) Zone. 1. Permitted Signs. The following signs are specifically permitted for industrial complexes, subject to the approval of a Uniformed Sign Program in accordance with Section 17.61.020 B. of this Chapter: 17.07-22 17.07 Signs Zoning Ordinance a. Wall Signs. One wall sign is permitted for each wall face of the establishment, up to a maximum of four wall signs. If said signs display commercial images or messages, they shall qualify as "onsite" commercial messages. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage. In no event shall the area of any one wall sign exceed one hundred (100) square feet. Wall signs shall not occupy more than seventy percent (70%) of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. b. Monument Signs One monument sign not to exceed thirty (30) square feet in sign area may be permitted to identify separate businesses or uses in the industrial complex. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one frontage if the signs are located at least three hundred (300) feet apart. Monument signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet and shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway. c. Pylon Sign. One pylon sign not to exceed one hundred (100) square feet in sign area will be permitted to identify separate business or uses in the industrial complex. The pylon sign structure shall not exceed twenty (20) feet in height. Pylon signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet. Pylon signs shall be a minimum of five (5) feet from any right -of- way, sidewalk or driveway. d. Directional Signs A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. 2. Signs Permitted for Uses Not in an Industrial Complex. a. Wall Signs: One wall sign is permit for each wall face of the establishment, provided: There are not more than for (4) wall signs for any one establishment; if the display is used for a commercial message, then it must be onsite commercial; in no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. A wall sign shall not occupy more than seventy percent (70%) of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. b. Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify a business. The monument sign structure shall not exceed six (6) feet in height. Monument signs shall be placed in a landscaped area or planter of not less than two hundred and fifty (250) square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. c. Pylon Signs: One pylon sign not to exceed seventy-five (75) square feet in sign area will be permitted. The pylon sign structure shall not exceed twenty (20) feet in height. Pylon signs for individual establishments which are not located within an industrial complex shall be subject to the approval of a sign permit by the Planning Commission, and shall 17.07-23 17.07 Signs Zoning Ordinance require the applicant to demonstrate that the specific land use necessitates a pylon sign for visibility; in considering such an application, the Planning Commission shall consider only the non -communicative aspects of the sign. Pylon signs shall be placed in a landscaped area or planter of not Tess than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. d. Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. B. Special signage requires for business parks 1. Permitted Signs: The following signs are permitted for industrial complexes, subject to the approval of a Uniform Sign Program in accordance with this Chapter: a. Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. All commercial messages on such signs must qualify as onsite. In no case hall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. Wall signs shall not occupy more than seventy percent (70%) of the storefront or unit width. Sign copy for all wall signs shall be individual channel letters of a maximum of twenty-four (24) inches in height. If the sign contains a logo, said logo shall be a maximum of thirty- six (36) inches in height. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. b. Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area is permitted to identify separate establishments or uses in the industrial complex, or to display noncommercial messages. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one frontage and if the signs are located at least three hundred (300) feet apart. Monument signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right- of-way, sidewalk or driveway. c. Pylon Signs: One pylon sign not to exceed one hundred (100) square feet in sign area which may be permitted to identify a separate business or uses in the industrial complex. The pylon sign structure shall not exceed twenty (20) feet in height. Pylon Signs shall be placed in a landscaped are or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. d. Under Canopy Signs: For each use occupancy, one under canopy sign not exceeding four (4) square foot shall be permitted. e. Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height 17.07-24 17.07 Signs Zoning Ordinance 2. Signs Specifically Permitted for Uses Not in an Industrial Complex: a. Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wail signs for any one business. Any commercial messages on such signs must qualify as onsite. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. Wall signs shall not occupy more than seventy percent (70%) of the storefront or unit width. Sign copy for all wall signs shall be individual channel letters of a maximum of twenty-four (24) inches in height. If the sign contains a logo, said logo shall be a maximum f thirty- six (36) inches in height. A wall sign may not project any of its height above .the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. b. Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area. The monument sign structural shall not exceed six (6) feet in height. Monument signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. If such sign displays a commercial message, it must qualify as onsite. c. Pylon Signs: One pylon sign not to exceed seventy five (75) square feet in sign area. The pylon sign structure shall not exceed twenty (20) feet in height. Pylon signs, for individual establishments which are not located within an industrial complex shall be subject to the approval of a sign permit by the Planning Commission, and shall require the applicant to demonstrate that the specific land use necessitates a pylon sign for visibility; in considering such an application, the Planning Commission shall consider only the non -communicative aspects of the proposed sign. Pylon signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. d. Direction/ Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four feet in height. 17.07.110 Signs In Commercial Zones The standards and provisions contained in this section shall be applicable to the General -Commercial (C- G) and Community Commercial (C -C) zones, but not including properties with these zoning designations, which are located in the "Special Commercial Areas" as set forth in Section 17.61.115 of this Chapter. A. Permitted Signs in the C -G and C -C Zones Within a Commercial Complex Shall Include: 1. Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If used to display a commercial message, the sign must qualify as onsite. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. Wall signs shall not occupy more than seventy percent (70%) of the storefront or unit width. If the sign contains a logo, said logo shall be a maximum of thirty-six (36) Inches in height a wall sign may not project any of its height above the roof eave line or parapet of the wall 17.07-25 17.07 Signs Zoning Ordinance upon which is mounted. In no case shall it be more than thirty (30) inches above the roof line. 2. Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one frontage and the signs are located at least three hundred (300) feet apart. Monument signs shall be placed in a landscaped area or planter of not Tess than two -hundred fifty (250) square feet. Monument signs shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway. 3. Pylon Signs: One pylon sign not to exceed one hundred (100) square feet in sign area will be permitted to identify a separate business or uses in the commercial complex. The pylon sign structure shall not exceed twenty (20) feet in height. For each secondary street frontage with at least three hundred (300) feet of length, one additional pylon sign may be permitted not to exceed one hundred (100) square feet in sign area and shall not exceed twenty (20) feet in height. When such a sign is used to display a commercial message, it must qualify as onsite. a. Where pylon signs are placed on both major and secondary street frontages, each such sign shall be placed as near to the middle of the street frontage as practical or at a major driveway entrance to the commercial complex from the street frontage. b. Pylon signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet. Pylon signs shall be a minimum of five (5) feet from any right-of- way, sidewalk or driveway. c. A maximum of three (3) signs may be used to identify any one establishment pursuant o the criteria outlined in this section. 4. Service and Delivery Signs: One unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. 5. Directional Signs: A maximum of two on-site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height. 6. Window Signs: Window signs conforming to the provisions of Section 17.61.025.A(1), (16). 7. Under Canopy Signs: For each use or occupancy, one maximum four (4) foot under canopy sign per frontage. B. Permitted Signs in the C -G and C -C Zones for uses not part of a commercial complex shall include: 1. Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If such sign is used for a commercial message, it must qualify as onsite. In no case shall the total sign area of any 17.07-26 17.07 Signs Zoning Ordinance unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed one hundred (100) square feet per sign. Wall signs shall not occupy more Ran seventy percent (70%) of the storefront or unit width. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted. In no case shall it be more than thirty (30) inches above the roofline. 2. Service and Delivery Signs: One unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. 3. Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. 4. Window Signs: Window signs conforming to the provisions of Section 17.61.025.A(1), (16) 5. Under Canopy Signs: For each use or occupancy, one maximum four (4) foot under canopy sign per frontage. 6. Exceptions: Certain exceptions to the sign standards applicable to commercial uses not located within a commercial complex may be approved by the Planning Commission including the election of freestanding sign(s) when the following findings can be made by the Planning Commission, without consideration of proposed message content (other than the onsite / offsite distinction in the case of commercial messages): a. The site is subject to limited visibility and additional signing is necessary for a reasonable level of advertising exposure; b. The type of establishment or the configuration of the site necessitates additional signage. c. Exceptions shall be processed through the sign permit and minor variance process provided for in the Zoning Ordinance. C. Freeway -Facing Signs - Permitted in the C -G and C -C Zones Subject to the following requirements. 1. The maximum allowable sign face area of any freeway -facing sign for a shopping center or commercial complex which totals more than two hundred and fifty thousand (250,000) square feet of gross floor area shall be three hundred (300) square feet and shall not exceed sixty (60) feet in height. When such display area is used for commercial speech, the copy must qualify as onsite as to the shopping center or commercial complex. 2. The maximum allowable sign face area of any freeway -facing sign for a shopping center or commercial complex which totals less than 250,000 square feet of gross floor area shall be one hundred fifty (150) square feet and shall not exceed sixty (60) feet in height. 3. Freeway -facing signs, including freeway -facing electronic message signs, may only be permitted subject to the approval of a sign permit by the Planning Commission. Freeway - facing signs will be permitted when they satisfy all of these criteria: 17.07-27 17.07 Signs Zoning Ordinance a. The proposed sign is located upon the property upon which the use identified is located; b. The proposed sign is is located in the vicinity of a freeway interchange and within three hundred (300) feet of the freeway right-of-way and six hundred (600) feet of the intersecting street right-of-way; c. The following findings must be made, without consideration of message content of the proposed sign: i. The elevation of the freeway in relation to the elevation of the abutting properties justifies the height requested, and is the minimum necessary. ii. The number and spacing of freeway signs will not cause unnecessary confusion, clutter or other unsightliness in the general location. iii. The use identified, as well as its type, size and intensity, justifies the size, design and location of the sign requested. iv. The needs of the traveling public for identification and directional information justifies the sign requested. D. Automobi/e Service Station Signs. Automobile service station signs shall be permitted subject to the following requirements: 1. Identification/Price Monument Sign: For each service station, one monument, combination price and identification sign, maximum thirty (30) square feet in size and maximum six (6) feet in overall height shall be permitted, and must include all price advertising as required by State law. Elevated signs may be used subject to approval of the Planning Commission (without consideration of message content) where vision impairments exists, however elevated signs shall be designed with appropriate vision spaces. Such signs shall not exceed fifteen (15) feet in overall height. 2. Identification Pylon Sign: For service stations located contiguous to a freeway, where a freeway exit serves the street from which the service station takes direct access, in addition to the identification/price monument sign allowed by paragraph (1) above, one pylon sign, maximum one hundred (100) square feet in size and forty (40) feet in overall height, situated so as to be directed toward and permanently viewable from the freeway, shall be permitted. 3. Special Service Signs; Each service station may display two special service signs per pump island. Special service signs shall be limited to such items as self serve, full serve, air, water, cashier, and shall be non -illuminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four (4) square feet in overall size. 4. Wall Signs: Wall signs for automobile service stations shall be permitted subject to the provisions set forth in Section 17.61.110.A (1) and (16). 5. Directional Signs: maximum of two on-site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height. 17.07-28 17.07 Signs Zoning Ordinance 6. Window Signs: window signs conforming to the provisions of Section 17.61.025.A(1) and (16). E. Theater Marquee Signs. Theater marquee signs shall be permitted subject to the following requirements: 1. The size of a theater marquee sign shall be determined by the number of screens. Each screen shall be permitted a maximum of ten (10) square feet for each sign face area. A theater marquee sign may not total more than one hundred (100) square feet of sign face area. 2. A maximum of one theater marquee sign, not to exceed twenty-five (25) feet in height, is permitted per street frontage exclusive of freeway; provided, however, that the theater is part of an integrated shopping center. 3. A maximum of one theater marquee sign, not to exceed twenty-five (25) feet in height, shall be permitted for theaters not considered to be part of an integrated shopping center. 4. A maximum of one wall -mounted theater marquee sign shall be permitted at the main entrance to the theater. F. Electronic Message Signs Electronic message signs shall be permitted subject to the following requirements: 1. One electronic message sign may be permitted in a commercial complex with a minimum of twenty-five thousand (25,000) square feet of floor area. No electronic message sign shall be located closer than two thousand five hundred (2,500) feet to another electronic message sign. A conditional use permit shall be required whereby the Planning Commission will determine the size and height of the sign. 2. Each display shall appear for a period of at least eight seconds. Displays shall not be animated, appear in incremental stages or move across the changeable copy sign face. The sign shall remain blank (no message or display) for at least one second between separate images. 3. The sign may display only noncommercial messages or onsite commercial messages, related to those establishments that are part of the complex or the merchandise or activities available on the parcels which are part of the commercial complex. The sign shall not be used as a billboard. 4. The sign shall be reviewed for traffic safety purposes by the City's Public Works Director and shall comply with any and all safety standards as prescribed by the State of California. Such reviews shall not consider message content. 17.07-29 17.07 Signs Zoning Ordinance 17.07.120 Slues In Special Commercial Areas Certain commercial areas within Beaumont are of a unique character due to historic, land use, parcelization and circulation considerations. These areas, which contain C -G (Commercial -General), and C -C (Community Commercial) Zoning Districts, shall be subject to differing criteria as compared to other commercial areas in the City, as set forth within this section. A. Antique Village District Area. This area consists of properties fronting on the north side of Sixth Street between Magnolia Avenue and Veile Avenue, on the south side of Sixth Street Between Euclid Avenue and Veile Avenue, and on the east and west sides of Beaumont Avenue between Sixth Street and Seventh Street. 1. Within this special district, signs are permitted for commercial complexes as follows: a. Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If used for commercial messages, the message must qualify as onsite. In no case shall the total sign area of any unit or building exceed three quarters (3/4) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed seventy-five (75) square feet per sign. Wall signs shall not occupy more than sixty percent (60%) of the storefront or unit width. Painted wall signs are permitted when determined to be compatible with the architectural character of the building and area. If the sign contains a logo, said logo shall be a maximum of thirty-six (36) inches in height. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. b. Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex, or for noncommercial messages. The monument sign structure shall not exceed six (6) feet in height. One additional monument sign may be permitted on parcels having more than one frontage and the signs are located at least two hundred (200) feet apart. c. Pylon Signs: Pylon signs not to exceed seventy-five (75) square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex, subject to approval of a sign permit by the Planning Commission. In consideration of pylon signs in this area the Planning Commission shall consider the need for compatibility and appropriateness of such signage at the proposed location, but shall not consider the message content of the proposed sign, other than the onsite / offsite distinction for commercial messages. d. Monument and pylon signs shall be placed in a landscaped area or planter of not less than two hundred fifty (250) square feet. Monument and pylon signs shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. e. Service and delivery signs, limited to one unlighted sign per occupancy not to exceed two (2) square feet, may be placed on the rear of the building for service and delivery purposes. f. Directional signs: a maximum of two on-site directional signs per drive approach each 17.07-30 17.07 Signs Zoning Ordinance not to exceed a total of ten (10) square feet in area and four (4) feet in height. g. W/ndowsigns• window signs conforming to the provisions of Section 17.61.025.A(1) and (16). h. Under canopy signs: For each use or occupancy, one maximum four (4) square foot identification under canopy sign per frontage. i. Internally or back -lit fluorescent signs shall not be permitted in the Antique Village District Area. 2. Permitted signs for uses not part of a commercial complex shall include: a. Wall signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. Any such sign used for commercial messages must qualify as onsite. In no case shall the total sign area of any unit or building exceed three quarters (3/4) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed seventy-five (75) square feet per sign. Wall signs shall not occupy more than sixty percent (60%) of the storefront or unit width. Painted wall signs are permitted when determined by the Director, without consideration of message content, to be compatible with the architectural character of the building and area. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. b. Service and de//very signs one unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. c. Directional signs: a maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. d. Window signs conforming to the provisions of Section 17.61.025.A(1) and (16). e. Under canopy signs: For each use or occupancy, one maximum four (4) foot identification under canopy sign per frontage. 3. Automobile service stations signs shall be permitted subject to the following requirements: a. Identification/price monument sign: for each service station, one monument, combination price and identification sign, maximum thirty (30) square feet in size and maximum six (6) feet in overall height shall be permitted, and must include all price advertising as required by State law. b. Special service signs: each service station may display two special service signs per pump island. Special service signs shall be limited to such items as self serve, full serve, air, water, cashier, and shall be non- illuminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four (4) square feet in overall size. 17.07-31 17.07 Signs Zoning Ordinance c. Wall signs for automobile service stations shall be permitted subject to the provisions set forth in Section 17.61.110.6.(1) and (16). 4. Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. 5. Window Signs: Window signs conforming to the provisions of Section 17.61.025.A.(1) and (16). B. Beaumont Avenue Corridor. Properties fronting on both sides of Beaumont Avenue between Seventh Street and Fourteenth Street are allowed signs as follows: 1. Permitted signs for commercial complexes shall include: a. Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one business. If used to display a commercial message, the sign must qualify as onsite. In no case shall the total sign area of any unit or building exceed three quarters (3/4) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed seventy-five (75) square feet per sign. Wall signs shall not occupy more than sixty percent (60%) of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. b. Monument Signs: One monument sign not to exceed thirty (30) square feet in sign area . which may be permitted to identify separate businesses or uses in the commercial complex. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one frontage and the signs are located at least two hundred (200) feet apart. Monument signs shall be located in a landscaped planter of not less than two hundred fifty (250) square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. c. Service and Delivery Signs: One unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. d. Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. e. Window Signs conforming to the provisions of Section 17.61.025.A.(1)(16). f. Under Canopy Signs: For each use or occupancy, one maximum four (4) square foot under canopy sign per frontage. 2. Permitted signs for uses not part of a commercial complex shall include: a. Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one business. If used to display a commercial message, the sign must qualify as onsite. In no case shall the total sign area of any unit or building exceed three-quarters (3/4) of one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed seventy- five (75) square feet per sign. Wall signs shall not occupy more than sixty percent (60%) 17.07-32 17.07 Signs Zoning Ordinance of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. In no case shall it be more than thirty (30) inches above the roof line. b. Monument Sign: One monument sign not to exceed thirty (30) square feet in sign area that may be permitted to identify an establishment. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs shall be located in a landscaped area or planter of not less than two hundred fifty (250) feet and shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway. c. Service and Delivery Signs: One unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. d. Directional Signs: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four feet in height. e. Window Signs conforming to the provisions of Section 17.61.025.A.(1) and (16). f. Under Canopy Signs: For each use or occupancy, one maximum four (4) square foot identification under canopy sign per frontage. 17.07.130 Sign Regulations for Specific Plan Area Zone A. Permitted Signs in the Specific Plan Area (SPA) Zone — Exempt Signs. The SPA Zone permits a variety of residential and supporting commercial and other supporting land uses. Signs, which may be erected without permits as provided for in Section 17.61.025 of this Chapter are permitted in the SPA Zone consistent with the respective land use. B. Signs Subject to Permits: Provisions and standards for signs shall be established within a specific plan for land uses contained therein. The specific plan shall establish a project -wide sign program and shall make provisions for the development and review of Uniform Sign Programs consistent with Section 17.61.020.L of this Chapter for each non-residential land use component of the specific plan. 17.07.140 Sign Design Standards. The design standards set forth in this section apply to all signs in the City of Beaumont. A. Relationship to Other Signs. Where there is more than one monument sign located upon a lot, all such signs shall have designs which are well related to each other by the similar treatment or incorporated of not less than four of the following six design elements: 1. Type of construction materials as used in the several sign components (such as cabinet, sign copy, supports); 2. Letter style of sign copy; 3. Illumination; 4. Type or method used for supports, uprights or structure on which sign is supported; 17.07-33 17.07 Signs Zoning Ordinance 5. Sign cabinet or other configuration of sign area; 6. Shape of entire sign and its several components. B. Landscaping: Each monument sign shall be located in a planted landscaped area which is of a shape, design and size (equal to at least the sign area) that will provide a compatible setting and ground definition to the sign. The planted landscaped area shall be maintained on a reasonable and regular basis. C. I//um/nation and Motion. Monument signs shall be non-moving stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (non -flashing). D. Sign Color. Sign colors should be compatible with the building architecture. Within shopping centers, sign color should complement the color scheme for the center. This provision does not apply to noncommercial messages displayed on signs. E. Special Commercial Areas. Signs proposed within the special commercial areas identified in this Chapter shall be subject to detailed design review by the Planning Director and/or Planning Commission for the purpose of ensuring consistency and compatibility with the respective area. Such review shall be performed in conjunction with the processing of permit applications as set forth in this Chapter. However, such analysis shall not consider the message content of the proposed sign. 17.07-34 17.07 Signs Chapter 17.08 Non -conforming Uses City of Beaumont Zoning Ordinance —Title 11 9/18/2007 17.08 Non -Conforming Uses Zoning Ordinance Section Contents Chapter 17.08 Non -Conforming Uses 17.08.10 Purpose and Authority 17.08.20 Applicability 17.08.30 Restrictions Regarding Non -conforming Uses 17.08.40 Loss of Non -Conforming Status 17.08.50 Non -conforming Lots 17.08.60 Reserved 17.08.10 Purpose and Authority This chapter establishes uniform provisions for the regulation of nonconforming structures, land uses and lots. Within the zoning districts established by title, there exist structures, land uses and lots that were lawful prior to the adoption, or amendment of this development code, but which would be prohibited, or regulated or restricted differently under the terms of this development code or future amendments. It is the intent of this development code to discourage the long-term continuance of these nonconformities, but to permit them to exist under limited conditions. 17.08.20 Applicability This Chapter applies to all zone districts and to any parcels or structures in the City Beaumont that are nonconforming. 11.88.30 Restrictions Regarding Non -conforming Structures and Uses Nonconformities may be continued subject to the following provisions, except as otherwise provided by this Section 17.08. A. Nonconforming Uses of Land. A nonconforming use of land or within a structure may be continued, transferred or sold, provided that the use shall not be: 1. Enlarged or increased; 2. Be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use; and 3. No additional uses shall be established on the site unless the nonconforming use is first discontinued, and any replacement use shall comply with all applicable provisions of this development code. B. Nonconforming Structures. A nonconforming structure may continue to be used as follows: 17.08-1 17.08 Non -Conforming Uses Zoning Ordinance 1. Additions to Structures That Are Twenty-five (25) percent or Less of the Total Floor Area Excluding Garages An enlargement, extension, reconstruction or structural alteration of a structure that is nonconforming only as to height and setback regulations and does not exceed twenty-five (25) percent of the existing total floor area, excluding garages, may be allowed if the additions or improvements conform to all other applicable provisions of the development code, the applicant provides a certified notification letter to any applicable homeowner association and all adjacent property owners fourteen (14) days in advance of approval of a zoning clearance, and the exterior limits of the new construction do not exceed the applicable height limit or encroach any further into the setbacks than the comparable portions of the existing building. This provision can only be used once every five years. Any additional changes to structure which exceeds a total of twenty-five (25) percent within five years from the issuance of a building permit may be allowed with conditional use permit approval. 2. Additions to Structures That Are Greater Than Twenty-five (25) Percent of Total Floor Area Excluding Garages. The enlargement, extension, reconstruction or structural alteration of a structure that is nonconforming only as to height and setback regulations which exceeds twenty-five (25) percent of the existing total floor area, excluding garages, may be allowed with conditional use permit approval if the additions or improvements conform to all other applicable provisions of the development code and the exterior limits of the new construction do not exceed the applicable height limit or encroach any further into the setbacks than the comparable portions of the existing building. The applicant must provide a certified notification letter to any applicable homeowner association prior to scheduling a public hearing. 3. Maintenance and Repair. A nonconforming structure may undergo normal maintenance and repairs, provided no structural alterations are made (exception: see subsection 4, following), and the work does not exceed fifteen (15) percent of the appraised value of the structure as shown in the Riverside County assessor's records in any one year period, unless the commission allows more extensive work through conditional use permit approval after finding that the additional work will not prolong the duration of the nonconforming use; and 4. Seismic Retrofitting. Reconstruction required to reinforce un -reinforced masonry structures shall be permitted without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards. C. Nonconforming Use of a Conforming Structure. The nonconforming use of a building that otherwise conforms with all applicable provisions of this chapter may be continued, transferred and sold, as follows: 1. Expansion of Use. The nonconforming use of a portion of a structure may be extended throughout the building with conditional use permit approval. 2. Substitution of Use. The nonconforming use of a structure may be changed to a use of the same or more restricted nature, with conditional use permit approval. D. Destroyed Structure. The reconstruction of a structure damaged by fire or calamity, which at the time was devoted to a nonconforming use may be authorized by the conditional use permit approval, provided that reconstruction shall occur within twelve (12) months after the date of the damage, and the reconstructed building shall have no greater floor area than the one destroyed. 17.08-2 17.08 Non -Conforming Uses Zoning Ordinance 17.08.40 Loss of Non -conforming Status If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of one year, it shall be presumed that the use has been abandoned. Without further action by the City, further use of the site or structure shall comply with all the regulations of the applicable zoning district and all other applicable provisions of this Zoning Code. 11.08.50 Non -conforming Lots A nonconforming lot of record that does not comply with the access, area or width requirements of this development code for the Zone District in which it is located, shall be considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following. A. Approved Subdivision. The lot was created through a subdivision approved by the County of Riverside or the City of Beaumont. B. Individual Lot Legally Created by Deed. The lot is under one ownership and of record, and was legally created by a recorded deed prior to the effective date of the zoning amendment that made the parcel nonconforming. C. Variance or Lot Line Adjustment. The lot was approved through the Variance procedure or resulted from a lot line adjustment. D. Partial Government Acquisition. The lot was created in conformity with the provisions of this development code, but was made nonconforming when a portion of the lot was acquired by a governmental entity so that the lot size is decreased not more than twenty (20) percent and the yard facing any road was decreased not more than fifty (50) percent. Where structures have been erected on a nonconforming lot, the area where structures are located shall not be later divided so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Zoning Ordinance, or in any way that makes the use of the parcel more nonconforming. 17.08.68 Reserved 17.08-3 17.08 Non -Conforming Uses Zoning Ordinance This page has been intentionally left blank. 17.08-4 17.08 Non -Conforming Uses Chapter 17.09 Animal Keeping City of Beaumont Zoning Ordinance —Title 17 9/18/2007 17.09 Animal Keeping Zoning Ordinance Section contents Chapter 11.09 Animal Keeping 17.09.10 Purpose and Authority 17.09.20 Applicability 17.09.30 Domestic Animal Keeping 17.09.40 Dangerous and Prohibited Animals 17.09.50 Performance Standards for Pens, Stables, and Other Animal Keeping Uses 17.09.60 Development Standards for Pens, Stables, and Other Animal Keeping Uses 17.09.70 Environmental Management 1719.10 Purpose and Authority This Chapter establishes provisions for the regulation of animal keeping within the City of Beaumont. It is the intent of this Chapter to accomplish the following: A. To ensure that animal keeping within the City of Beaumont does not result in an adverse impact related to a health and safety violation; B. To eliminate conditions that contribute to environmental degradation and pollution; and, C. To ensure that the keeping of animals does not create a nuisance. 17.09.20 Applicability This Chapter is applicable to all Zone Districts in the City of Beaumont. 17.09.30 Domestic Animal Keeping Domestic and non -dangerous wild animals may be kept or maintained as pets or for the non-commercial use of members of the family residing on the premises subject to the following restrictions. A. Large Animals Lots or parcels of land within the Rural Residential (R -R) zone district having a minimum area of twenty thousand (20,000) square feet per dwelling unit may keep or maintain the large animals listed in Table 17.09-1 in the numbers specified, not to exceed one (1) animal per twenty thousand (20,000) square feet. Other large animals that, in the opinion of the Planning Director are neither obnoxious nor detrimental to the public welfare than the animals enumerated in this subsection are permitted with the same numerical limitations. Such animals shall be kept or maintained in full compliance with applicable Riverside County Health Department regulations. 17.09-1 17.09 Animal Keeping Zoning Ordinance Table 17.09-1 Requirements for Large Animals Type of Animal Number of Aniimaiis Permitted. Horses, donkeys, mules, pigs, and other equine cattle and cows One (1) over nine (9) months of age for each twenty thousand (20,000) square feet of lot area Sheep and goats One (1) over six (6) months of age for each twenty thousand (20,000) square feet of lot area B. Small Animals. Small animals permitted in all residential zones shall include rodents, birds, non- poisonous snakes, chickens and other barnyard fowl, peafowl, monkeys, rabbits and similar species which do not constitute a public nuisance. Other similar small animals that in the opinion of the Planning Director are neither more obnoxious or detrimental to the public welfare than the animals enumerated in this subsection are permitted. Such animals shall be kept or maintained at a place where the keeping of domestic animals is permitted and shall be maintained in full compliance with Riverside County Health Department regulations. The number of small animals are limited to no more than ten (10) per household. C. Dogs and Cats. Domesticated dogs and cats are limited to a maximum for three (3) dogs and three (3) cats over the age of twelve (12) months for each developed residential lot. D. Apiaries Bee -keeping uses are subject to the following requirements: not more than ten (10) hives shall be allowed on anyone single lot, except upon approval of the Planning Director. 17.09.40 Dangerous and Prohibited Animals Any animal, except a trained dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior is prohibited. A. Animals Causing Injury or Property Damage. A dangerous animal is one that attacks, without provocation, that requires a defensive action by any person to prevent bodily injury or property damage or which results in an injury to a person or property; or any behavior, without provocation, which constitutes a physical threat of bodily harm to a person; where such attack, injury, or behavior occurs in a place where such person is conducting himself peaceably and lawfully; or B. Unrestrained Anima/s. A dangerous animal is one that is unrestrained and harasses or molests persons or other animals off of the owner's property. C. Risk to Health and Safety. A dangerous animal is one that creates a danger or constitutes a menace to the health and safety of the public due to the training or inherent nature of the animal. D. Africanized Bees The keeping of Africanized bees within apiaries is prohibited. E. Other Prohibited Animals. A person shall not keep or maintain any animal other than those permitted in this Section 17.09 for non-commercial use in any Zone except as specifically permitted in this article and subject to all regulations and conditions enumerated in this article. 17.09-2 17.09 Animal Keeping Zoning Ordinance 17.09.51 Performance Standards for Pens, Stables, and Other Animal Keeping Uses Accessory structures and other improvements related to the keeping of animals must conform to the following performance standards. A. Use of Anima/ Keeping Improvements. The use of animal keeping improvements and accessory structures will not be permitted to create a nuisance for neighboring properties. Such nuisances may include, but not be limited to, noise, light and glare, odors, or fugitive dust. B. Housekeeping. Animal keeping facilities and accessory uses must be maintained at all times and kept free of debris, trash, and animal waste, and must comply with other provisions outlined in Sections 17.09.70. C. Restrictions The use of animal keeping improvements and accessory structures shall not be permitted to unduly interfere with the free and unencumbered enjoyment and use of adjoining or nearby residential lots or otherwise be detrimental to the public health, safety or welfare. D. Portab/e Facilities. The construction, placement, and use of portable facilities, including but not limited to fences, structures used for the storage of animal feed, and animal shelters, must be in conformance with all of the provisions outlined in this Section 17.09.60. 17.09.60 Development Standards for Pens, Stables, and Other Animal Keeping Uses Accessory structures and other improvements related to the keeping of animals must conform to the following development standards. A. Horse Stab/es Horse stables are permitted only on lots containing a residential unit that has a minimum area of twenty thousand (20,000) square feet. The stable shall be located at least fifty (50) feet from any street and not less than fifty (50) feet from any lot line. B. Riding Ring and Dresage Ring. Other equestrian improvements are restricted to those lots that have a total land area of more than one (1) acre. Such uses shall be located at least one hundred and fifty (150) feet from any street and not less than fifty (150) feet from any lot line unless a standards modification is approved. C. Pens and Enclosures for OtherAnima/s. Pens and enclosures for other large animals identified under Section 17.09.30.A are permitted only on lots containing a residential unit that has a minimum area of twenty thousand (20,000) square feet. The pen or enclosure shall be located at least fifty (50) feet from any street and not less than fifty (50) feet from any lot line unless a standards modification is approved. D. Pig Pens. Pig(s) shall be confined in a pen or other enclosure. If the pig(s) are kept year-round and all or a portion of the pen or enclosure is uncovered, the uncovered portion of the enclosure shall have an impervious floor. Pens and enclosures for pigs are permitted only on lots containing a residential unit that has a minimum area of twenty thousand (20,000) square feet. The pig pen shall be located at least fifty (50) feet from any street and not Tess than fifty (50) feet from any lot line unless a standards modification is approved. 17.09-3 17.09 Animal Keeping Zoning Ordinance E. Apiaries Hives shall be placed as close to the center of the parcel on which they are located as practical and in no event shall any hive be located closer than one hundred fifty (150) feet to residences on any adjoining lots. Hives shall be provided with a permanent, functioning automatic watering device acceptable to the Riverside County Apiary Inspector. x.7.09-2 ibie3s,Pens,' Facilities Setback From Streetscent Property Setback from Minimum Lot Equestrian Stables 50 feet 50 feet 20,000 square feet Equestrian Rings 50 feet 150 feet One (1) acre Sheep and Goat Pens 50 feet 50 feet 20,000 square feet Pig Pens 50 feet 50 feet 20,000 square feet Cattle 50 feet 50 feet 15,000 square feet Apiaries 150 feet 150 feet One (1) acre F. Modifications Requests for modifications from the setback requirements of this Section shall be submitted to the Planning Director for consideration. 17.09.10 Environmental Management This section outlines the requirements governing the maintenance and upkeep of animal keeping facilities that includes, but may not be limited to, stables, pens, corrals, equestrian rings, and other structures used for the housing of animals, A. Water Runoff All animal -keeping facilities must be designed in a manner so that water runoff is contained and disposed of in such a manner so that the runoff does not contribute to the pollution of local groundwater or the flooding of adjacent properties. B. Open Water Containers or Standing Water. Open watering containers must be designed so that they doe not become attractants for mosquito larvae. Standing water is not permitted. C. Waste and Debris Containers Animal keeping facilities and accessory uses must be maintained at all times and kept free of debris, trash, and animal waste. Storage containers for such debris, trash, and animal waste must be kept closed at all times. D. Odors. Animal keeping facilities and accessory uses must be designed and maintained to prevent odors from affecting adjacent properties. E. Feed Storage. Buildings, containers, or any other improvement used for the storage of feed must be constructed of materials to ensure that such feed is not an attractant to insects, rodents, and other vectors and to control odors. F. Pest Control. All animal -keeping facilities must be kept free of vectors through periodic pest control inspections. 17.09-4 17.09 Animal Keeping Zoning Ordinance G. Chemicals The storage, handling, and disposal of any potentially hazardous chemicals or commercial products used in the routine maintenance of animal control facilities or in the care of the animals, must adhere to all pertinent Federal, State, or Riverside County Health Department regulations. H. Fugitive Dust and Particulates. All animal keeping facilities and accessory uses must be designed and maintained to prevent fugitive dust and particulates from affecting off-site locations. I. Noise. All keeping of animals permitted herein shall be conducted in a manner which does not result in nuisance noise detrimental to residential living. Animals shall be kept and maintained in manner which contains animal sounds and noise consistent with applicable laws and regulations. 17.09-5 17.09 Animal Keeping Zoning Ordinance This page has been intentionally left blank. 17.09-6 17.09 Animal Keeping Chapter 11.10 Residential Density Bonus Requirements City of Beaumont Zoning Ordinance -Title 17 9/18/2007 17.10 Residential Density Bonus Zoning Ordinance Section Contents Chapter 11.10 Residential Density Bonus Requirements 17.10.10 Purpose and Authority 17.10.20 Applicability 17.10.30 Application of the Residential Density Bonus Overlay Zone (R -OB) Zone 17.10.40 Permitted Uses Within the Residential Density Bonus Overlay Zone (R -OB) Zone 17.10.50 Basic Sales Requirements and Special Provisions 17.10.60 Development Standards Applicable to the R -OB Zone 17.10.70 Application Requirements 17.10.10 Purpose and Authority The State Legislature has identified the need for affordable housing as one of the most significant housing problems in the State of California. It is the intent of this Section to implement the R -OB Zone to establish a specialized zone that will, through incentives and consideration of a specific housing proposal in connection with a proposed zone change, facilitate construction of affordable housing. 17.10.20 Applicability Pursuant to the Housing Element, the density of a project shall be determined by the physical and service constraints of the parcel being considered, during the hearing process, and may exceed the density permitted for standard projects by the Land Use Element. The Residential Density Bonus Overlay Zone may be applied to all residential zones pursuant to the requirements of 17.10.40. 17.10.30 Application of the Residential Density Bonus Overlay Zone (R -OB Zone] The following requirements are applicable to potential development within a R -OB zone: A. Application of Overlay Designation. The R -OB Zone classification shall be applied to a specific geographic area only in conjunction with an approved plan for development, development plan required, including any necessary land division maps, plot plans or other approvals, as required by the City and this Ordinance. B. Priority Processing. The applications for the R -OB zone and related projects are to receive priority processing by all departments involved in the review and issuance of permits for the development. C. Limitations When the R -OB Zone classification is applied to a specific area, it shall be used only for the construction of the project approved in connection with the granting of the zone classification, or for a project that is thereafter specifically approved by the Council as an affordable housing project to replace the previously approved project. D. Revisions to the Development Plan by the City. The requirement of this Chapter shall not prohibit the City from allowing non -substantial changes in an approved development plan that 17.10-1 17.10 Residential Density Bonus Zoning Ordinance becomes necessary in the actual engineering of a project, provided that such changes shall not increase the density of an approved project. 17.11.41 Permuted Uses Within the Residential Density Bonus Overlay lone I11-011 Zonal The uses that are permitted upon approval of a project in accordance with the provisions of this Section are indicated in Table 17.10-1. The R -OB zone is considered an overlay zone and uses approved shall conform, other than density and development standards specified in this Section, with the underlying zone. Table 17.10-1 Permits Uses Within the Residential Density Bonus Overlay Zone Use o scription Single-family Dwelling Dwelling unit, including mobile homes on a permanent foundation are permitted in all residential zone districts. Two-family dwellings and multiple family dwellings Permitted in the R -MF zone. Planned residential developments Permitted in all residential zones Apartment houses Permitted in the R -MF zone. Accessory buildings Use must be ancillary to the main residence on the lot Community recreation facilities as a part of a development Use must be ancillary to the main residence on the lot Plot Plan Uses The Development Plan approval shall include conditions requiring fencing and landscaping of the parcel to assure that the use is compatible with the surrounding area Home Occupations Permitted in all zones as long as Home Occupation Permit has been obtained. (Business license required also?) Temporary real estate office Temporary real estate offices located within a subdivision, to be used only for and during the original sale of the subdivision 17.10.50 Basic Sales Requirements and Special Previsions All qualifying developments shall comply with the following requirements outlined in this section. A. Sales Price Limitations. For a development to qualify for the density bonus provisions, the following homes sales requirements are applicable: 1. The average selling price of the dwellings units shall not exceed 80% of the average home sales price in the market area. 2. The average home sales price shall be determined by the City Council, or 3. The selling price of twenty-five (25) percent shall be at an amount earning no greater than income, as determined by of the dwelling units affordable to families one -hundred and twenty (120) percent of the County median. 17.10-2 17.10 Residential Density Bonus Zoning Ordinance 4. The selling price of fifteen (15) percent of the total number of the dwelling units in the development shall be at an amount for those households earning no greater than eighty (80) percent of the County median income, as determined by the City Council. 5. The tentative sales price or median income determination shall be made by the City Council during the processing of the applications for the project. 6. The City, from time to time, by resolution of the City Council shall publish information relating to home sales price and median income in the County of Riverside, which information shall be available to perspective applicants prior to filing an application for a project. 7. The final determination of the home sales price or median income for a specific project shall be made at the time of issuance of building permits for the project, provided, however, that amount shall not be Tess than the tentative amount determined during the processing of the applications. The determination shall be made by the City Council upon the recommendation of the Planning Director, which shall be initiated by application of the developer coordinated with the request for building permits. 8. At the time of recordation of the final map, a Declaration of Covenants, Conditions and Restrictions, approved by the City, shall be recorded that establish the affordability criteria for the development, including, but not limited to, structure size, type and reference to the method for fixing the sales price for units in the development. 9. In the furtherance of the intent that the R -OB Zone be used only for the construction of affordable housing, the Declaration of Covenants, Conditions and Restrictions shall prohibit the sale of lots without dwelling units sold on or constructed thereon in conjunction with the sale of the lot; provided, however, this shall not prohibit the sale of an entire tract, or an approved unit thereof for construction of the units by the purchases thereof. C. Condominium Conversions. The application for conversion of an apartment building to condominiums or any other form of cooperative units or units that may be sold individually, shall be accepted by the Planning Director, unless the matter has first been presented to and approved by the City Council as being consistent with the intent and purpose of the original approval of the project to provide affordable housing. D. Street and Roadway Improvements. Streets providing circulation within a development shall be constructed to a minimum of thirty-six (36) feet within a fifty-six (56) foot right-of-way for major interior streets and a minimum width of thirty-two (32) feet of improvements within a fifty (50) foot -right-of-way for minor interior streets and cul-de-sac streets. All improvements to be in accordance with the improvement standards of Ordinance 547 and Resolution 1980-35. All standards, dedications, and improvements will be in conformance with the requirements of ordinance No. 547 and Resolution 1980-35, and as approved by the City Engineer, for all streets other than interior streets. 17.10.60 Development Standards Applicable to the R -OB Zone The following standards of development shall apply to the R -OB Zone. 17.10-3 17.10 Residential Density Bonus Zoning Ordinance A. Minimum Development Density. The allowable density of a project will be determined by the physical and service constraints of the property and the area in which the property is located, however, the density of each approved development must exceed four (4) units per gross acre. B. Limitations on the Number of Units in the R -MF Zone. All apartment projects shall contain at least four (4) dwelling units. C. Minimum Lot Area for Single-family R -OB Development. The minimum lot area for single family detached developments shall be three -thousand (3,000) square feet, except that minimum lot areas may be reduced to two -thousand (2,000) square feet as a part of a zero lot line attached unit project. D. Street Frontage Requirements. Lots shall have a minimum frontage of forty (40) feet except that minimum frontage may be reduced on knuckles and cul-de-sacs or as part of an approved zero lot line attached unit housing project. E. Open Space Requirements for Individual Lots. A minimum of thirty (30) percent of each lot's net area in a single family development shall be designed for usable private open space. Usable private open space shall be defined as those portions of the site not encumbered by a structure behind the front yard setback. The net lot area is defined as the total area contained within the property lines minus roadway easements. Side yard setbacks shall be approved as part of the design of the project. Setbacks for garages that open parallel with the access way shall not be less than twenty (20) feet. F Lot Requirements for Qua/ifyingApartment Developments. A minimum of ten (10) percent of the net lot area for apartment developments shall be in usable private open space. Minimum front and rear yard setbacks shall be twenty (20) feet. Additional setbacks requirements may be identified by the Planning Director. G. Open Space and Recreation/ Facilities. Open -space or recreational facilities proposed in a project shall be subject to approval of the City. D. Limitations on Building Height. One -family residences shall not exceed thirty-five (35) feet in height. All other uses shall not exceed fifty (50) feet in height. E. Parking Requirements. Two (2) covered off-street parking spaces shall be required for each dwelling unit, notwithstanding the apartment building parking standards contained in Chapter 17.05 of this Zoning Ordinance. 17.10.70 Application Requirements Applications for the R -OB Zone shall be only in conjunction with an application for a land division pursuant to Ordinance No. 547 and/or an application for a Development Plan. All applications shall include floor plans and elevations for each type of unit that is proposed to be constructed, and such indirectly through the use of governmental funds for site acquisition, extension of basic services or roads, or other expenditures that assist that the development, the sales price determined pursuant to this Chapter 17.10 may be reduced by the City Council. 17.10-4 17.10 Residential Density Bonus Chapter 11.11 General Development Standards City of Beaumont Zoning Ordinance —Title 17 9/18/2007 17.11 General Development Standards Zoning Ordinance Section contents Chapter 17.11 General Development Standards 17.11.10 Purpose and Authority 17.11.20 Applicability 17.11.30 Lots and Divisions of Land 17.11.40 Site Preparation 17.11.50 Off Site Improvements 17.11.60 Building Permits 17.11.70 Dwellings 17.11.80 Fences and Walls 17.11.90 Acquisition and Use of Public Property 17.11.100 Swimming Pool, SPA and Similar 17.11.110 Home Occupations 17.11.120 Manufactured Homes on Foundations 17.11.130 Mobilehome Parks 17.11.10 Purpose and Authority This Chapter establishes general development standards for all land uses and development in the City. 17.11.20 Applicability The regulations contained in this Chapter are applicable to all site development in the City of Beaumont. 17.11.30 Lots and Dhiisions of Land Whenever a division of land is proposed, the total number of lots or density permitted shall be determined pursuant to the City of Beaumont General Plan, any applicable adopted specific plan and the Government Code. In any event, no -parcel shall be created that is below the minimum size allowed by the zoning classification that has been applied to the parcel of land unless a variance has been granted that allows smaller parcel sizes, or a planned residential development that allows smaller lot sizes as a part of an overall development has been approved by the granting of a conditional use permit. Other requirements that are applicable are indicated in this Section. A. Recorded Lots. Any lot shown upon an official subdivision -map or record of survey map duly approved and recorded or any lot for which a bonafide deed has been recorded prior to the effective date of Ordinance No. 324 may be used as a building site, provided the required yard setbacks are maintained. B. Sa/e ofa Portion ofa Lot. Where a lot is divided into separate ownerships and the area of either portion is such that the number and location of the buildings on the lot are not located within a particular zone, then, in determining the permissible number and location of any buildings on either portion of the lot, both parts shall be considered as one parcel only. 17.11-1 17.11 General Development Standards Zoning Ordinance 17.11.41 Site Preparation This Section indicates the requirements are applicable to the preparation of a site for development. A. Property Lines Boundary stakes shall be placed on the property by a licensed land surveyor prior to beginning construction for the purpose of delineating property lines. B. Site Grading Requirements. Site grading shall conform to the following: 1. All grading shall conform to the Uniform Building Code, Chapter 70, as may be amended by City Ordinance. 2. The minimum building pad and drainage swale slope shall equal one (1) percent if cut or fill is less then ten (10) feet. The minimum building pad and drainage swale slope shall equal two (2) percent if the cut or fill is greater than ten (10) feet. Drainage swales shall be a minimum of 0.3 feet deep and be constructed a minimum of two (2) feet from the top of cut or fill slopes. 3. The maximum cut and fill slopes are two to one (2:1). 4. A five (5) foot wide by one (1) foot high berm must be provided, or its equivalent along the top of all fill slopes over five (5) feet high. 5. All grading shall be done under the supervision of a competent soils engineer who shall certify that all fill has been properly placed and who shall submit a final compaction report for all fills over one (1) feet deep. 6. A Registered Civil Engineer shall submit to the Building and Safety Department, written certification of completion of rough grading in accordance with the approved grading plan prior to issuance of the building permit. This certification shall apply to line; grade, elevation and the location of cut fill slopes. 7. A final compaction report will be required for all fills greater than one (1) foot. 8. All grading shall be done in conformance with recommendations of a preliminary soils investigation. 9. Two (2) sets of the final compaction report shall be submitted to the Building and Safety Department which shall include foundation design recommendations and certification that grading has been done in conformance with the recommendation of the preliminary soils report. 10. The contractor shall notify the Building and Safety Department, at least twenty-four (24) hours in advance requesting finish lot grade and drainage inspection. This inspection must be approved prior to building permit final inspection for each lot. 11. During rough grading operations and prior to the construction of permanent drainage structures, temporary drainage control shall be provided to prevent the ponding of water of water and the flooding of adjacent properties. 17.11-2 17.11 General Development Standards Zoning Ordinance 12. No fill shall be placed on existing ground until the ground has been cleared of weeds debris, topsoil, and other deleterious material. 13. If steep sloping terrain occurs upon which fill is to be placed, it must be cleared, keyed, and benched into firm natural soil for full support. Preparation shall be approved by a registered Soils Engineer prior to the placement of fill material. 14. Cut slopes or fill slopes equal to or greater than three (3) in vertical height shall be planted with grass or ground cover to protect the slope from erosion and instability in accordance with policies of the City Engineer prior to the approval of final inspection. 15. Dust shall be controlled by watering or other approved methods. 16. All existing drainage courses on the project site must continue to function, especially during storm conditions. Protective measures and temporary drainage provisions must be used to protect adjoining properties during grading operations. 17. Stability calculations with a factor of at least one and five tenth (1.5) shall be submitted by a soils engineer to the Building and Safety Department for cut and cut and fill slopes over thirty (30) feet in vertical height. 18. A Registered Civil Engineer or licensed land surveyor shall submit certification of building pad elevation. Where specific elevations are required; the elevation (with respect to mean sea level) shall be given. If an elevation with respect to adjacent ground surface is required, the actual distance above the adjacent ground shall be given. 19. The design engineer shall provide a minimum of one blue top finished pad, prior to rough grade approval. 1111.50 Off Site Improvements This section indicates the specific requirements with respect to off site improvements. Notwithstanding any provision to the contrary in this ordinance, this Section shall not be subject to Section 17.02.100 of this ordinance related to the following of variances. A. Requirements for Certain Improvements. Prior to the issuance of a Building Permit for erecting a new structure, an enlargement or addition in excess of three hundred (300) square feet or of more than twenty-five (25) percent of the original area of an existing residential structure, or movement of structure on any lot abutting a public street, the applicant for such building permit for the owner of such property shall comply with the off-site improvement requirements, where applicable, which include lot surveying, and installation of curbs and gutters and other improvements as outlined in the ordinance. B. Provisions Made for Comp/e[rng Improvements. No building or structure shall be erected, constructed, enlarged or altered on a lot which abuts a street unless provision is made or has previously been made, for the dedication of the necessary right of way for street and highway purposes, and for the improvement of that portion of the street and/or right of way upon which the lot fronts and adjoins. The improvement shall include the installation of curb, gutter and pavement and such sidewalk as is required on that side of the centerline of the street and/or right of way adjoining said lot. A Certificate of Occupancy shall not be issued for any building or 17.11-3 17.11 General Development Standards Zoning Ordinance structure subject to the provisions of this ordinance without all improvements and dedications required hereunder being made and completed or the appropriate security filed with the Director of Public Works/City Engineer as required. C. P/ans and Standards for Improvements. The owner, developer or applicant for the building permit shall submit plans prepared by a Registered Engineer for said dedication and improvement to the City Engineer for his review and approval. The following requirements also apply: 1. All street improvements required by this Subsection shall be designed in accordance with the standards for such streets as set forth in the official standards as approved by the City Council. 2. All plans to be based on City Bench Mark Systems. D. StreetDed/cation and Improvements Required. This Subsection indicates specific requirements with respect to street dedications and any required improvements. 1. No building shall be erected, enlarged by more than twenty-five (25) percent or moved to any lot or parcel of lots, which abuts or adjoining a street unless the one-half portion of such street adjoining or abutting the developed area has been dedicated and improved in accordance with the current standards and specifications on file in the Office of the City Engineer. 2. Curb and gutter in front of the lot upon which the building or structure is to be erected shall be provided as required by the City Engineer in compliance with the Standard Specifications of the City. 3. If sidewalks exist on twenty-five (25) percent or more of the total frontage of the lots in the block on that side of the street adjoining the lot upon which the building or structure is to be erected or constructed, then a sidewalk shall be provided in front of said lot provided that the City Council may waive the provisions for sidewalks in front of single family residences, in manufacturing zones, and in open space zones if appealed by property owner. 4. The City Council may extend the time for of improvements for a period the date of occupancy permit security and development the -construction of one year from with a signed agreement. E. Costs of Engineering and Improvements The owner, developer or applicant for the building permit shall pay all costs of dedication and improvement, including any cost for the removal or relocation of utilities, including fire hydrants, traffic signals, street lighting, drainage culverts, and of preparation of plans and blueprints. F. Completion of Improvements. Any person required to make street improvements pursuant to the provisions of this Subsection shall make and construct all of said improvements in accordance with said standards and specifications and other requirements of the Director of Public Works/City Engineer, or upon City Council approval, shall file with the City Engineer, a letter of credit, cash, certificate of deposit, or an agreement and note for the obligation secured by a deed of trust on the property, in such amount as the City Engineer shall estimate and determine to be necessary to cover the total costs of all required improvements. The City Engineer may determine the period of time during which the installation of said improvements could be reasonably delayed, provided that, in any event, the installation or construction of said improvements shall not be delayed for a period of more than two (2) years from the date of final inspection of the 17.11-4 17.11 General Development Standards Zoning Ordinance building without the approval of the City Council. The City Engineer shall cause a written itemized estimate of the costs of all improvements and the amount of the required security to be given to the owner or applicant required to make the improvements within thirty (30) days after issuance of the building permit. 17.11.68 Building Permits Building permits shall be issued only in accordance with the following conditions: A. Access Required. No building permit shall be issued for a building or structure on a lot that does not have access on a dedicated and improved street or on a private road acceptable to the Planning Director and the City Engineer. B. Compliance with Zoning Required. No building permit shall be issued for a building, structure, or improvement that would be in violation of or contrary to the provisions of this ordinance, other applicable ordinance or law, or lawful condition or regulation of the City of Beaumont. In the event the Director of the Building and Safety Department declines to issue a building permit pursuant to the provisions of this subsection, the applicant may appeal such decision to the Planning Commission that shall review, study and suggest possible alternative proposals that would be in compliance with such ordinances, law, condition or regulation. 17.11.78 Dwellings This Section indicates the requirements applicable to dwellings. A. Transferal of Residential Requirements. Where a building for dwelling purposes is erected on a lot in a zone other than the zone in which such building for dwelling purposes is first ordinarily or primarily permitted by this ordinance, such lot shall be subject to the same requirements for yards, minimum lot area and percentage of lot coverage as are specified in this ordinance for a lot in the zone in which such building for dwelling purposes is first ordinarily or primarily permitted. This general provision shall prevail over any specific setback stated in nonresidential zones. B. Location of Dwellings. Except in multiple dwelling developments or where otherwise provided in this ordinance, every dwelling shall face or front upon a street or permanent means of access to a street, and in no event shall any dwelling face or front upon an alley. C. Size of Dwellings No dwelling unit shall be constructed unless it has a minimum floor living area as stated in Table 17.11-1 below, provided, however, a larger or smaller minimum size dwelling unit may be specifically required in any area of the City by an Official Zoning Map. Porches, garages, patios and similar features, whether attached or detached to a dwelling, shall not be included when calculating the floor living area. 17.11-5 17.11 General Development Standards Zoning Ordinance Table 17.11-1 Requirements for Size of Dwelli n Unit Type Roar Area (in Sq. ft.) Studio 500 sq. ft. minimum bedroom combined One Bedroom Residential Unit 650 sq. ft. minimum Two Bedroom Residential Unit 800 sq. ft. minimum Three Bedroom Residential Unit 1,000 sq. ft. minimum Single family Detached Residential Unit 1,000 sq. ft. minimum Accessory Buildings 400 sq. ft. minimum to 640 sq. ft. maximum 17.11.81 Walls and Fences This Section indicates the requirements applicable to fences and walls. A. Fencing Materia/s. Solid fences in multiple family residential, commercial and manufacturing zones shall be masonry or other permanent materials as approved by the Planning Director. Open work fences facing any public street in commercial zones must be either masonry or metal grill work such as wrought iron. Open work fences in any other situation may, in addition to the above, be open metal mesh, or any other appropriate material as determined by the Planning Director. Fencing materials for residential development in the single-family residential zones shall be subject to approval by the Planning Director. Fencing materials shall be compatible with, and complement, conditions which prevail in the subject area, with consistency relative to architectural characteristics, other fencing in the vicinity and materials. Wherever practical and appropriate, decorative masonry and other materials shall be employed as determined appropriate by the Planning Director. Barbed wire fences may only be permitted in agricultural and manufacturing zones when specifically approved by the Planning Director. B. Proh/bited Materials for Fences and Walls. In no case shall barbed or other similar type wire be used as any part of a fence except where approved by the Planning Director for use in agricultural or manufacturing zones. Barbed or similar type wire when permitted by the Planning Director shall not be placed so as to be visible from any facing public street. C. Non -Conforming Fences. Every fence erected prior to' the adoption of the ordinance which does not conform with the provisions of the Code of the City of Beaumont, shall be removed, altered or replaced in order to so conform to the Code requirement. Such non -conforming fences shall be abated according to the following schedule provided in Table 17.11-2. The value of fence shall be determined by the building official after consultation with the fence owner and/or a fence 17.11-6 17.11 General Development Standards Zoning Ordinance installer. Value shall be the book value of the fence, as it existed on the effective date of this ordinance. D. Fence and Wall Location and Height. Fences and walls may be erected on property lines in any zone, with a maximum height of six (6) feet above the ground level immediately abutting the fence at its highest point, with the following exceptions: 1. No fence greater in height than three and a half (31/2) feet (42 inches) may be placed in the required front yard, either along the front or side property line; 2. On corner lots, the maximum height shall not exceed three and a half (31/2) feet (42 inches) within an area defined on both intersecting street by a forty-five (45) degree angle taken through the corner of the building or structure at the point that the structure is closest to the intersection; 3. Within residential zones, fencing in the front yard areas shall be limited to three and a half (31/2) feet (42 inches), either along the a front or side property line, in the requires front yard, or the closest projection of the front of the residences, whichever is greater; 4. In manufacturing zones, fences which do not exceed eight (8) feet in height measured from the ground level immediately abutting the fence at its highest point may be erected at or near property lines; provided that the maximum height of such fences in any yard abutting a public street shall be limited to six (6) feet in. height within a five (5) foot setback area from any public street. Table 17.11-2 lu a for Nonconformin Fences Value of Wait or Fen Period for Rem $100.00 or less 90 -days $100.01 to $200.00 6 months $200.01 to $400.00 1 year $400.01 to $650.00 2 years $650.01 to $1,000.00 3 years $1,000.01 to $1,500.00 4 years $1,500.01 to $2,500.00 5 years $2,500.01 to $5,000.00 7 years $5,000.01 to $7,500.00 8 years $7,500.01 to $10,000.00 9 years $10,000.01 or more 10 years 17.11-7 17.11 General Development Standards Zoning Ordinance 17.11.90 Acquisition and Use of Public Property When the Planning Commission pursuant to the provisions of Title 17 of the Government Code, known as the Conservation and Planning Law, approves the acquisition of any square, park or other public ground or open space, by any public entity, it may in its approval designate for what purpose such property may be used and when so approved such property may be used for any use designed pursuant to this section in addition to those uses permitted in the zone in which such property is located. 17.11.101 Swimming Pool, SPA and Similar This Section indicates the requirements are applicable to Swimming Pools, Spas and Similar. A. Adoption of Uniform Code. The Uniform Swimming Pool, Spa and Hot Tub Code, 1991 Edition, as published by the International Conference of Building Officials, is hereby adopted and made a part of this chapter by reference with the following modifications. (Ord. 709, 1992) B. App/kation. The provisions of this chapter shall control the design of barriers and location of pools and equipment for residential swimming pools, spas, and hot tubs. These design controls are intended to provide protection against potential drowning and near -drowning by restricting access to swimming pools, spas, and hot tubs. C. Requirements 1. Private swimming pools and their mechanical equipment for the use of the occupants of the premises and their nonpaying guests shall be located not nearer than five (5) feet to any property line or dwelling; 2. All other swimming pools shall be located not nearer than ten (10) feet from any property line or building; 3. A swimming pool may be constructed contrary to subdivision (1) above when it lies partially within and partially without a dwelling which conforms with all other provisions of this ordinance; 4. Outdoor swimming pool. An Outdoor swimming pool, including an in -ground, above -ground, or on -ground pool, hot tub, or spa shall be provided with a barrier which shall comply with the following: a. The top of the barrier shall be at least seventy-two (72) inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two (2) inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above -ground pool, the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on the top of the pool structure, the maximum clearance between the top of the pool structure and the bottom of the barrier shall be two (2) inches. b. Openings in the barrier shall not allow passage of a four (4) inch diameter sphere. 17.11-8 17.11 General Development Standards Zoning Ordinance c. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. d. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than forty-five (45) inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed one and three-fourths (13/4) inches in width. Where there are decorative cutouts, they shall not exceed one and three-fourths (13/4) inches in width. e. Where the barrier is composed of horizontal and vertical members and the distance between tops of the horizontal members is forty-five (45) inches or more, spacing between vertical members shall not exceed four (4) inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-fourths (13/4) inches in width. f. Maximum mesh size for chain link fences shall be a one and one-fourth (11/4) inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than one and three-fourths (13/4) inches. g. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than one and three-fourths (13/4) inches. h. Access gates shall comply with the requirements of paragraph (a) through (g) of Section 17.11.100C, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self - latching device. Gates other than pedestrian gates access gates shall have a self -latching device. Where the release mechanism of the self latching gate is located less than fifty- four (54) inches from the bottom of the gates, the release mechanism shall be located on the pool side of the gate at least three (3) inches below the top of the gate; and the gate and barrier shall have no opening greater than one-half (1/2) inch with eighteen (18) inches of the release mechanism. i. Where a wall of a dwelling serves as part of the barrier, direct access to the pool through the wall shall be limited to doors and windows which meet the following conditions: 1. Pedestrian doors leading from the garage to the pool area shall be self-closing and shall have a self -latching device. 2. Indoor swimming pool. All walls surrounding an indoor swimming pool shall comply Chapter 15.04 Building Codes. 5. Validity of Ordinance. If any section, subsection sentence, clause or phrase of this Ordinance for any reason, held to be invalid or unenforceable by a final determination of a court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases might be declared invalid or unenforceable. (Ord. 709, 1992) 17.11-9 17.11 General Development Standards Zoning Ordinance 6. Modifications The City Council hereby expressly finds that each of the foregoing modifications to the uniform codes adopted by this Ordinance are reasonably necessary because of the local climate, geological or topographical conditions. 7. Violation Penalty. Any person, firm or corporation violating any of the provisions of the code so adopted in section 15.20.010, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in the County jail for a period of not more than six (6) months, or both such fine and imprisonment. (Ord. 709, 1992) 17.11.110 Nome occupations The purpose of this Section is to provide for the conduct of home occupations in residential zones or buildings in such a manner as to be compatible with, and not disruptive to, residential neighborhoods. The use shall be clearly incidental and secondary to the principal use as a residence. A. Uses Permitted. The following uses or similar uses shall be considered as home occupations provided that such uses com ply with the criteria stated in this S ection: 1. Consultative professional occupations rendering service and not involving dispensation of good or product. 2. A secondary office for a business in which the principal office, staff and equipment are located elsewhere. 3. The home office of a salesman, wherein all sales are conducted by telephone or by correspondence and where in there are no displays or related commodities on premises. 4. Any use customarily conducted entirely within a dwelling. 5. The home office of a service business where not more than one (1) ton or smaller vehicle used in conjunction with the business i s kept at home. B. Conditions Home occupations may be permitted pursuant to the provisions of this Section, subject to the following conditions. 1. Employment shall be limited to members of the resident family only. 2. Material or equipment used in connection with such home occupations shall be limited to that normally found in a dwelling and recognized as being part of the normal uses and practices in the zone in which the use is a part. 3. Only products or services produced on the premises shall be sold or provided. 4. A consulting office for a doctor, dentist or similar professional person may be permitted provided his principal office is located in a commercial zone. No building shall be remodeled or structurally altered for such use. 17.11-10 17.11 General Development Standards Zoning Ordinance 5. The uses shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located. 6. The home occupation shall not involve the use of commercial vehicles for delivery or materials to or from the premises. 7. Materials or supplies shall not be stored indoors or outdoors for purposes other than those permitted in the zone. 8. The home occupation shall not involve the display of signs or advertising devices on the premises except on e unlighted identification sign, not more than two square feet in area, may be erected on the premises. 9. Not more than one room in the dwelling shall be used for the home occupation. 10. A valid business license from the City of Beaumont is obtained each year. 11. Appurtenant buildings or structures or areas outside of the main residential building shall not be used for home occupational purposes. 12. Neither the appearance of the building shall be so altered or changed, nor the home occupation within the building so conducted that the building may be determined to be serving a non-residential use and such determination may include but not be limited to consideration of color, materials, construction, lighting, signs, sounds, noises, vibrations, etc. 13. All operations of such home occupation shall be so conducted as to prevent the emanation of any dust, gas, smoke, noise, fumes, odors, vibrations, or electrical disturbances which are or may be detrimental to the welfare of the occupants of surrounding properties. 14. A home occupation shall be subject to any additional condition or requirement, which may be imposed by the Commission or Council. C. Applications. Applications to have a home occupation shall be made to the Planning Director, accompanied by the filing fee set forth in the fee schedule and shall include such information and documentation as may be required to complete an administrative plot plan. 17.11.120 Manufactured Homes on Foundations A. Conditions A manufactured home may be installed on a foundation on any lot in the City of Beaumont, that is zoned to permit the construction of a conventional single-family dwelling, if it meets the following conditions: 1. The manufactured home shall be certified under the national Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) and shall bear a California insignia or Federal label as required by section 18550 (b) of the Health and Safety Code. 2. The foundation system shall meet the requirements of section 18551 of the Health and Safety Code. 17.11-11 17.11 General Development Standards Zoning Ordinance 3. The manufactured home shall contain a minimum of one thousand one hundred (1,100) square feet of living area with a minimum width of twenty (20) feet. On all Tots Tess than sixty (60) feet in width the manufactured home shall contain a minimum of nine hundred and fifty (950) square feet of living area with a minimum width of twenty (20) feet. Porches, garages, patios and similar features, whether attached or detached, shall not be included when calculating the floor living area. 4. The manufactured home shall have a roof overhang of not Tess than sixteen (16) inches with a minimum twelve (12) inch gable overhang, unless it is determined that it is not compatible to the neighborhood in which the manufactured home is being located. 5. The manufactured home shall have non-reflecting roofing material and siding material that is compatible with the neighborhood in which the manufactured home is to be located. 6. A garage compatible to the neighborhood in which the manufactured home is being installed shall be constructed. 7. The manufactured home shall be used only as a single family residential use and shall comply with all the setback and height requirements of the zone in which it is located. B. Applications. Applications to install a manufactured home on a permanent foundation shall be made to the Planning Director, on the form provided by the Planning Department, accompanied by the filing fee set forth in the fee schedule and shall include such information and documentation as may be required by the Planning Director, including the following: 1. Name and address of the applicant and all owners of the subject property, including evidence that all owners agree to the application. 2. Location or address, legal description and zoning of the property on which the manufactured home is to be located. 3. A site plan of the entire property showing location of the manufactured home and all accessory buildings, including all dimensions and setbacks. 4. Certification that the manufactured home complies with the National Mobilehome Construction and Safety Standards of 1974. 5. Photographs that show the manufactured home in sufficient detail with regard to siding material, roof overhang and roof materials. 6. Photographs that depict the type of structures, siding and roofing materials and roof overhang of structures in the neighborhood in which the manufactured home is to be located. C. Processing of Applications. Within fourteen (14) days following the acceptance of an application as being com plete, the Planning Director shall determine whether the req uest meets all the of the requirements of this ordinance and shall determine the roof overhang, roofing and siding materials and any automobile enclosure necessary to achieve compatibility with the neighborhood. Upon approval of the application, the 17.11-12 17.11 General Development Standards Zoning Ordinance Planning Director shall forward the original thereof to the Building Director, file one copy, and return one copy to the applicant, who shall then obtain all necessary installation and construction permits from the Building Department. If the Planning Director is unable to approve the application, it shall be returned to the applicant along with a statem ent of the reasons therefore, giving notice that the applicant may meet with the Planning Director to discuss the matter. D. Appeal. Appeals shall be provided for Piot Plans in Section 17.02.60 of the Ordinance. 17.11.130 Mobllehome Parks A. Intent. It is the intent of this section to provide regulations for the establishment, maintenance and operation of mobilehome parks in the City of Beaumont. B. Classification of Mobllehome Parks. 1. Pre -Existing Mobile Home Parks. A pre-existing mobilehome park shall not be deemed non- conforming by reason of failure to meet the minimum requirements prescribed by this section, provided that the regulations of this section shall apply to the enlargement or expansion of a mobilehome park, and provided that the pre-existing mobilehome park on a site less than ten (10) acres shall not be further reduced in area. 2. Planned Residential Mobllehome Parks. A Planned Residential Mobilehome park is a site intended for residential use exclusively in mobilehomes together with recreation and necessary facilities (including trailer and boat storage areas). Planned Residential Mobilehome Parks shall be constructed in accordance with the hereinafter listed requirements. In addition thereto, planned residential mobilehome parks shall be subject to, and shall comply with, such additional conditions and requirements as are determined to be necessary in approving the development to make it compatible with the area in which it is proposed to be located. 3. Integrated Mobllehome Parks. An integrated mobilehome park is a site intended for residential use exclusively in mobilehomes not including recreation and accessory facilities. Development standards shall include site development as required in the 17.03.60 (residential Single Family Zone) and in 17.11.120 (Manufactured Homes on Foundations). In addition thereto, integrated mobilehome parks shall be subject to, and comply with, such additional conditions and requirements as are determined to be necessary in approving the development to make it compatible with the area in which it is proposed to be located. C. Development Approval. All mobilehome parks shall be developed subject to a Conditional Use Permit as found in Section 17.02. D. Development Standards for Planned Res/dentia/ Mobllehome Parks. 1. Site Standards. The following regulations shall apply to the site of a mobilehome park. Additional regulations may be specified as conditions of a use permit. a. Minimum gross area: Ten (10) acres 17.11-13 17.11 General Development Standards Zoning Ordinance Standards b. Maximum Density: seven (7) units per gross acre. c. Minimum access frontage: two hundred and fifty (250) feet continuous frontage on a dedicated public street. d. Minimum park perimeter yards: five (5) feet adjacent to a public street. e. Maximum height: Mobilehomes and accessory structures thirty-five (35) feet. 2. Interior Site Development. The following requirements shall apply to development of mobilehome spaces and to facilities within a mobilehome park. Additional requirements may be specified as conditions of a use permit. a. Mob//ehome space. Each space shall contain a minimum of four thousand (4,000) square feet for exclusive use by the occupants of the space. Each space shall have dimensions capable of accommodating a rectangle with minimum dimensions of forty-six (46) feet by seventy-five (75) feet, and seventy-five (75) percent of the spaces shall have a minimum depth of ninety (90) feet. b. Mob/le homes shall meet the following min/mum lot setbacks twenty (20) feet front yard. Five (5) feet side yard and ten (10) feet rear yard. The twenty (20) foot front setback may be reduced on interior streets to ten (10) feet if an attached garage is located in front of the mobilehome with at least sixty-five (65) percent of the front yard landscape with live plant material. c. Access Drive. All mobilehome access drives within a mobilehome park shall be privately owned, and shall be at least thirty (30) feet wide exclusive of adjoining parking areas and sidewalks. The Mobilehome Park will be developed in a manner that permits adequate circulation to and within the proposed development for emergency and protective services, including police and fire equipment. Main access drives shall have standard class A curbs and gutters. Other interior access drives shall have rolled curbs and gutters. d. Sidewalks. Concrete sidewalks at least five (5) feet in width shall be provided to serve all central or common facilities within the mobilehome park. Access drives shall be provided with sidewalks on at least one (1) side. e. Accessory Building and Uses Accessory buildings and uses serving the entire mobilehome park, including recreation facilities, laundry areas, mobilehome park offices, maintenance and storage buildings or storage areas shall be located at least fifty (50) feet from the boundary of the Mobilehome park site. f. Landscaping. Not less than twenty (20) percent of each mobilehome space shall be landscaped with live plants, including at least one (1) tree on each space. 9. Community Recreation. A minimum of five hundred (500) square feet of community recreation area, (exclusive of any mobilehome space) shall be provided within the mobilehome park for each site. The community recreation areas shall contain a clubhouse and a recreational area for outdoor games and activities such as shuffleboard, horseshoes, putting green, or swimming pool. The community recreation and service 17.11-14 17.11 General Development Zoning Ordinance Standards areas together with the identification of activities planned for the areas, shall be shown on the plans and specifications in such detail as shall be required by the Planning Director. The location and size of all facilities indicated in this paragraph shall be subject to the approval of the Planning Commission. The clubhouse shall have a floor area of not less than twenty-five (25) square feet for each residential lot, and shall contain adequate kitchen, restroom and storage facilities. In no event shall the community area for any mobilehome park be less than two (2) acres. h. Improvements. The following improvements shall be installed on all lots used for residential purposes: 1. A concrete slab or other metal or wood deck containing at least two hundred (200) square feet. 2. The area between the ground level and the floor of a mobilehome shall be screened from view by an opaque skirt entirely around the mobilehome. i. No common area for storage of camp and boat trailers shall be permitted unless it is designated on the map. j• Not more than one mobilehome for residential purposes shall be permitted on a lot. k. Whenever the soil is excavated below a mobilehome, a retaining wall shall be installed extending six (6) inches above grade. Plans for the retaining wall shall be approved by the Department of Building and Safety. I. E/ectr/ca/ and Television Service. All electrical, telephone, C.A.T.V. and similar service wires or cables which provide direct service to the property being developed shall, within the exterior boundary line of such property, be installed underground. Risers on poles and buildings are permitted and shall be provided by the developer or owner onto the pole which provides service to said property. Utility service poles may be placed on the rear of the property to be developed, only for the purpose of terminating underground facilities. The developer or owner is responsible for complying with the requirements of this section and he shall make the installation of such facilities. m. Exemption. The improvement and setback requirements contained in this subsection may be modified or eliminated when the Commission finds that due to topographical conditions or property ownership patterns these requirements are impractical and will not serve to protect the present or future welfare of the public. 3. Screening and Landscaping. Masonry walls six (6) feet high shall be erected along all boundary lines, except that along all street boundaries the wall shall be erected five (5) feet from the right-of-way line. The area between the wall and the street shall be planted in ground cover. Trees or shrubs shall be planted within the ten (10) foot strip adjacent to the inside of all boundary walls. All trees and shrubs planted shall be of a variety that will grow to a height of not less than fifteen (15) feet and shall be planted at intervals so that at maturity the trees or shrubs will provide a screening of the mobilehome park. All plantings shall be maintained in a growing condition. 17.11-15 17.11 General Development Zoning Ordinance 4. Improvement Requirements On-site improvements shall be constructed and maintained in conformance with mobilehome park improvement standards, approved by the Planning Commission and the City Council. Such standards may include, but shall not be limited to the design, construction and maintenance of the following: a. Access drives, sidewalks and parking spaces; b. Walls and fences; c. Lighting, signs; d. Curb and gutter, drainage, and sanitary sewer facilities; e. Electrical and water services; f. Fire protection facilities. 5. Signs. The provisions of Chapter 17.07 of this ordinance shall apply. 17.11-16 17.11 General Development Standards Chapter 11.12 Adult Entertainment City of Beaumont Zoning Ordinance —Title 17 9/18/2007 17.12 Adult Entertainment Zoning Ordinance Chapter 17.12 Adult Entertainment Section Contents 17.12.10 Purposes 17.12.20 Definitions 17.12.30 Prohibition 17.12.40 Measurement of Distance 17.12.50 Severability 17.12.60 Signs 11.12.10 Purposes The purposes of this Chapter are: A. To establish reasonable and uniform regulations to prevent the concentration of adult entertainment businesses, as defined herein, within the City of Beaumont B. To establish reasonable and uniform regulations governing signs advertising adult entertainment businesses. 11.12.20 Definitions For the purpose of this chapter, certain terms and words are defined as follows: A. Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slide or other photographic reproductions which are characterized by an emphasis upon the depiction of "specific sexual activities" or "specific anatomical areas". B. Adult Bookstore. An establishment which has a substantial portion of its stock -in -trade and offers for sale for any form of consideration any one or more of the following: 1. Books, magazines, periodicals or other printed matter, or photograph, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or 2. Instruments, devices or paraphernalia which are designed for use in connection with "specific sexual activities". C. Adult Cabaret. A nightclub, bar, restaurant or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or film, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas". 17.12-1 17.12 Adult Entertainment Zoning Ordinance D. Adult Motel. A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas". Only one (1) registration per unit per twenty-four (24) hours. E. Adult Motion Picture Theater. An establishment where for any form of consideration which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas". F. Adult Theater. A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities". G. Establishment. As used in subsection C hereof, the "Establishment" of an adult entertainment business shall mean and include any of the following: 1. The opening or commencement of any such business as a new business; 2. The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein; 3. The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or 4. The relocation of any such business. H. Massage Par/or. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of California. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. I. Public Park, A park, playground, swimming pool, reservoir, golf course or athletic field within the City of Beaumont which is under the control, operation or management of the City of Beaumont, the County of Riverside, the Beaumont -Cherry Valley Park and Recreation District, or the state of California. J. Religious Institution. A building which is used primarily for religious worship and related religious activities. K. School. An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary, junior high school, middle school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not 17.12-2 17.12 Adult Entertainment Zoning Ordinance include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university. L. Sexual Encounter Establishment, An establishment, other than hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two (2) or more persons can congregate, associate of consort in connection with "specified sexual activities" of the exposure of "specified anatomical areas". This definition does not include an establishment where medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy. M. Specified anatomical areas. As used herein, "specified anatomical areas" shall mean and include any of the following: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areole; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. N. Specified sexual activities. As used herein, "specified sexual activities" shall mean and include any of the following: 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; 3. Masturbation, actual or simulated; or 4. Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above. 0. Substantial Expansion. As used in Sub -section G hereof, the "substantial expansion" of adult entertainment business shall mean the increase in floor area occupied by the business by more then twenty-five percent (25%) as such floor area exists on the effective date of the section. 17.12.30 Prohibition No person shall cause or permit the establishment, substantial expansion of an Adult Arcade, Adult Bookstore, Adult Cabaret, Adult Motel, Adult Motion Picture Theater, Adult Theater, Massage Parlor or sexual Encounter Establishment within one thousand (1,000) feet of another such business, or within one thousand (1,000) feet of any religious institution, school or public park within the City of Beaumont, or within six hundred (600) feet of any property zoned for residential use or used for residential property, or within three hundred (300) feet of any property zoned for commercial purposes. 17.12.40 Measurement of Distance The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business any religious institution, school or public park or any property zoned for residential use or used for residential purposes shall be measured in a straight line 17.12-3 17.12 Adult Entertainment Zoning Ordinance without regard to intervening structures, from the closest exterior wall of the adult entertainment business to the closest property line of the religious institution, school or public park or the property zoned for residential use or used for residential purposes. 17.12.50 Severability If any provision or clause of this Chapter or the application thereof to any person or circumstance is held unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other Chapter provisions, clauses or applications thereof which can be implemented without the invalid provision, clause or application thereof, and to this end the provisions and clauses of this Chapter are declared to be severable. 17.13.60 Signs In addition to the sign regulation contained elsewhere in Title 17, the following restrictions shall apply to all premises used for an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, massage parlor or sexual encounter establishment: A. Except as provided in this Chapter, only one sign shall be permitted on the premises. The sign shall be flush with the building, and shall not extend above the height of the doorway of the main entrance of the business. B. Additional signs or signs not in conformity with the above restrictions shall be permitted only upon the approval of the Planning Commission or the City Council. 17.12-4 17.12 Adult Entertainment Chapter 11.13 Unlicensed Group Homes City of Beaumont Zoning Ordinance —Title 17 9/18/2007 17.13 Unlicensed Group Homes Zoning Ordinance Section Contents Chapter 17.13 Unlicensed Group domes 17.13.10 Purpose 17.13.20 Special Use Permit Required 17.13.30 Grounds for Denial or Revocation 17.13.11 Purpose This Chapter is intended to preserve the residential character of a single-family residential neighborhood and further the purposes of state and federal housing anti -discrimination laws by, among other things: A. Ensuring that unlicensed group homes that seek special preference under the City's zoning code are actually entitled to such special preference and not simply skirting the City's boarding house and lodging house regulations; B. Limiting the commercial use of single-family homes; C. Promoting ownership and owner -occupation of single family residences; D. Providing a suitable environment for family life by reducing noise, preserving safety and providing adequate on and off street parking; E. Ensuring that unlicensed group homes are actually furthering the purposes of housing anti- discrimination laws; and F. preventing the over concentration of unlicensed group homes that can impair the integrity of a single family residential neighborhood and/or to prevent the creation of group home campuses or clusters than are inconsistent with State law and policy to limit the institutionalization of the disabled. 17.13.20 Special Use Permit Required An Unlicensed Group Home may locate in a R -SF or R -MF zone with a Special Use Permit provided: A. An application for a Special Use Permit or an Unlicensed Group Home is submitted to the Planning Director by the owner/operator of the Unlicensed Group Home. The application shall provide the following: 1. The name, address and phone number of the owner/operator; 2. The name and phone number of the house manager; 17.13-1 17.13 Unlicensed Group Homes Zoning Ordinance 3. A copy of the Unlicensed Group Homes rules and regulations which must include a policy prohibiting alcohol or non -prescribed drugs (other than over-the-counter medicine) on the premises and use thereof by any disabled occupant whether on or off the premises; 4. Written intake procedures; 5. The relapse policy; 6. An affirmation that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside in the group home; 7. Blank copies of all forms that all residents and potential residents are required to complete; and 8. A fee for the processing of the application as may be set from time -to -time by the City Council; and B. The Unlicensed Group Home has six (6) or fewer occupants, not counting the house manager; and C. The Unlicensed Group Home has a house manager who either resides at the Unlicensed Group Home or any multiple of persons acting as a house manager who are present at the Unlicensed Group Home on a daily basis and who are responsible for the day-to-day operation of the Unlicensed Group Home; and D. The Unlicensed Group Horne is not located within three hundred (300) feet, as measured from the closest property lines, of any other state -licensed Group Home or Group Home issued a special use permit under this Chapter; and E. Any owner/operator of an Unlicensed Group Home and any person designated as a house manager or other staff shall provide his or her full name, current residence and phone number, date of birth, social security number, prior employment history, education, driver's license number, history of criminal convictions, if any, and any other information the Beaumont Police Department reasonably requires to perform a criminal background check through the State Department of Justice and/or United States Department of Justice. No person shall begin employment with the Unlicensed Group Home until this information has been provided; and F. The Unlicensed Group Home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the Unlicensed Group Home or by any disabled resident either on or off site. This rule and regulation shall be posted on site in a common area inside the Home. Any violation of this rule must be cause for immediate eviction under the Unlicensed Group Home's rules for residency; and G. The Unlicensed Group Home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol; and H. All garage and driveway spaces associated with the Home shall, at all times, be available for the parking of vehicles. Residents and the house manager may store or park only a single vehicle per resident at the Home or on any street within three hundred (300) feet of the Home. The vehicle must be operable and currently used as his or her primary form of transportation; and I. It is not located in Accessory Living Quarters. 17.13-2 17.13 Unlicensed Group Homes Zoning Ordinance 17.12.38 Grounds for Mai or Revocation The special use permit shall be denied by the Planning Director or his/her designee and if already issued, any transfer shall be denied by the Planning Director or may be revoked upon a hearing by the Planning Director or his/her designee under any of the following circumstances: A. Any owner/operator or staff person has provided any false or misleading information on the application or omitted any pertinent information. B. Any owner/operator or staff person has an employment history in which he or she was terminated because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. C. Any owner/operator or staff person has been convicted of or plead nolo contendre to any of the following offenses: 1. Sex offense for which the person is required to register as a sex offender under California Penal Code Section 290; 2. Arson offenses — violations of Penal Code Sections 451-455 (last seven years); or 3. Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last ten (10) years); 4. The sale or furnishing of any controlled substances (last seven years). D. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at anytime thereafter. E. Any owner/operator or staff person is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety. F. The owner/operator fails to immediately evict any resident that uses alcohol or abuses any non- prescription drugs. G. The owner/operator accepts residents, other than a house manager, who are not disabled as defined under state and federal law. H. The address of the Group Home is located within three hundred (300) feet of any other licensed or unlicensed Group Home. If a licensed Group Home lawfully moves within three hundred (300) feet of an existing unlicensed Group Home this shall not cause the revocation of unlicensed Group Home's permit. I. For any other significant, repeated or refusal to remedy violations of this Chapter or any other applicable laws and/or regulations. 17.13-3 17.13 Unlicensed Group Homes Zoning Ordinance This page has been intentionally left blank. 17.13-4 17.13 Unlicensed Group Homes Chapter 17.14 Definitions City of Beaumont Zoning Ordinance —Title 17 9/18/2007 17.14 Definitions Zoning Ordinance 11.14.10 Introduction Chapter 11.14 Definitions This list of terms is designed to clarify the Zoning Ordinance's intent as it relates to land uses and development requirements. The word "shall" indicates a mandatory requirement, except when used in connection with an action or decision of the City Council or any City commission, board, or official. In these latter instances, the word "shall" shall be directory only. For general terminology used throughout this ordinance, the definitions used in the Uniform Building Code or accepted dictionaries of the English language, shall apply. 11.14.20 General Grammatical Interpretation Words, terms, and phrases used in this Title 17 shall have the meanings usually ascribed to them, or as defined or used in state planning and zoning laws, or as defined in section 17.08.030 of this Zoning Ordinance. For the purposes of this Zoning Ordinance, unless the context clearly indicates otherwise, certain terms used in herein are defined as follows: A. Words in the present tense include the future; B. Words in the singular number include the plural; C. Words in the plural number include the singular; D. The terms "shall" and "will" and "must" are mandatory; E. The term "his" is gender neutral and means his or her; The word "shall" is mandatory; the word "may" is permissive. The present tense includes the future, the future includes the present. The singular number includes the plural, the plural includes the singular. 17.14.30 Definitions (A through it A Above-ground/on-ground pool (see swimming pool Abut or Abutting The same as meaning adjoining. Access The place, or way, by which pedestrians and vehicles are provided adequate and usable ingress and egress to a property or use as required by this Zoning Code. 17.14-1 17.14 Definitions Zoning Ordinance Accessory Use A use incidental to, related, and clearly subordinate to the principal use established on the same lot or parcel of land where such accessory use is located. Adjacent Two (2) or more lots or parcels of land separated by an alley, street, highway or recorded easement, or two (2) or more objects located near or in close proximity to each other. Adjoining Two (2) or more lots or parcels of land sharing a common boundary line, or two (2) or more objects in physical contact with each other. Affordable Unit Refers to a housing development project in which eighty (80) percent of the units shall be designated for very low-income households and twenty (20) percent reserved for low-income households as those terms are defined in the Health and Safety Code. Alley A public or private right-of-way, other than a street or highway, permanently reserved as a secondary means of vehicular access to adjoining properties. Amendment A change in the wording, context, content, or substance of this Zoning Code or in the Zoning Map. Such changes must be adopted by ordinance by the City Council in the manner prescribed by law. Amusement Arcade Any place open to the public where five (5) or more amusement games are maintained for use by the public. When only a portion of the premises is used for the operation of amusement games, only that portion shall be considered as an amusement arcade. Amusement Game Any entertainment device for which a fee is paid to play, including, but not limited to, pinball, video or other electronic games. Animal Hospital Shall mean a place where anima s or pets are given medical or surgical treatment and cared for during the time of such treatment. Use as a kennel shall be limited to short time boarding and shall be only incidental to such hospital use. Animals -Retail Sales The retail sales of small animals (such as dogs, cats, birds, and fish), provided such activities take place within an entirely enclosed building. Antique Shop An establishment primarily engaged in the sale of antiques. Apartment House A building, or a portion of a building, designed or used for occupancy by three (3) or more households living independently of each other and containing three (3) or more individual dwelling units within a single structure. Apartment Unit A room or suite of two (2) or more rooms with a single kitchen in a multiple -family dwelling, suitable for occupancy as a dwelling unit for one household. Arcade (see amusement arcade) Artists' Studio a building containing work space and retail sales space for artists and artisans producing individual one -of -a -kind works of art, including individuals practicing a fine art, or skilled in an applied art or craft, provided that the use does not impact any other use or property with noise, odor, dust, vibration, or other nuisance. This classification includes, but is not limited to, painter's studios, ceramic studios, and custom jewelry studios. 17.14-2 17.14 Definitions Zoning Ordinance Assessor The Assessor of the County of Riverside. Automobile Wrecking A business establishment engaged in the dismantling and/or wrecking of automobiles. or Automobile Dismantling Used motor vehicles or trailers, and/or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or parts. Automobile Service Station An establishment providing gasoline oil and other additives, and/or performing minor repairs and other customary services for automobiles and Tight vehicles, but excluding painting, body work steam cleaning, and major repairs. Advertising Structure A structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which any poster bill, Awning Either a fabric covered appendage or a temporary collapsible shelter of noncombustible materials supported entirely from the exterior wall of a building. B Balcony A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet on at least one side. Balcony, Unenclosed A balcony open to the sky and not fully enclosed on more than two (2) sides. Balloon A floating air-filled or gas-filled object tethered to a fixed location (also see sign, balloon). Banks and Savings A state- or federally -chartered financial institution that provides retail banking Barrier A fence, a wall, a building wall or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool. Bars and Cocktail Lounges Establishments where alcoholic beverages are sold for consumption on the premises. This classification excludes restaurants and commercial recreation uses that may serve alcoholic beverages incidental to the primary use. Basement That portion of a building located between the ground level or first floor of a structure. Billiard Parlor An establishment that provides five (5) or more billiard and/or pool tables. Boarding A residence or dwelling, other than a hotel, wherein three (3) or more rooms are rented under three (3) or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager . resides within the residence. Building Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, or property of any kind. 17.14-3 17.14 Definitions Zoning Ordinance Building; Accessory A detached subordinate building, the use of which is incidental to that of the primary building or to the principal use of the land, and which is located on the same lot or parcel of land with the main building or principal use of the land. Building, Height The vertical distance as measured continuously along a line at existing grade bisecting the width of the lot to the highest point of a building or structure, except as provided elsewhere in this Zoning Ordinance. Building, Main A building in which is conducted a principal use of the lot or parcel of land upon which it is situated. In a residential or agricultural zone, any residential unit shall be deemed to be a main building upon the lot or parcel of land on which it is situated. Building Material Sales An establishment engaged in retailing or wholesaling of building supplies or equipment. This classification includes lumber yards and tool and equipment sales, but excludes businesses engaged in the retail sales of paint and hardware, building contractor's yards, and activities classified under "Equipment Leasing and Rentals." Building Site The ground area of one or the ground area of two or more lots when used in combination of a building or group of buildings together with all open spaces as required by this Ordinance. Building Wall The vertical surface, or any element thereof, including any structural member or group of structural members attached the vertical surface, that defines the exterior boundaries of a building. Business and Trade School An establishment which provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the applicable zone. Incidental instructional services in conjunction with another primary use shall not be considered a business and trade school. C Cabana A structure containing not more than 700 square feet, not containing a kitchen. Camp, Day A facility with an organized daytime program involving the supervision and care of children. Canopy Has the same meaning as "awning" as defined in this section, except that a canopy contains separate supporting posts and is not supported entirely from the exterior wall of a building. A fixed overhead shelter used as may or may not be attached to a building. Carport A permanently -roofed structure with no more than two (2) enclosed sides, used or intended to be used for automobile shelter and storage. Cellar (see basement) Center -line The center -line of any street, as established by the City Engineer by official surveys, and on file in the office of the City Engineer. Check Cashing A business that, for compensation, engages in the business of cashing checks, 17.14-4 17.14 Definitions Zoning Ordinance warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a state- or federally- chartered bank, savings association, credit union, or industrial loan company. Further, this classification does not include establishments selling consumer goods where the cashing of checks or money orders is incidental to the main purpose of the business. Church A facility used for religious worship and incidental religious education and/or activities, but not including private schools as defined in this section of the Zoning Code. Child Care Center A facility that provides non-medical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) hour basis. "Child care center" includes day care centers and family day care homes. City Refers to the City of Beaumont. Club, Private Any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. This definition does not include "Adult" business establishments. Clubs and Lodges A private or nonprofit organization providing meeting, recreational, or social facilities primarily for use by members and/or guests. Commercial Printing A business providing printing, blueprinting, photocopying, engraving, binding, or related services. Commercial Vehicle A vehicle which, when operated on a street, is required to be registered as a commercial vehicle under the State Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation, or profit, or which is designed, used, or maintained primarily for the transportation of property. Commission Refers to the Planning Commission of the City of Beaumont. Communications Facilities An establishment engaged in broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms. This classification includes, but is not limited to, radio, television, or recording studios, telephone switching centers, and telegraph offices. Communications Facilities, Wireless An unstaffed facility used for the transmission or reception of wireless telecommunication services, commonly consisting of an antenna array, connection cables, a support structure, and ancillary support facilities. Community Center A building, buildings, or portions thereof used for recreational, social, educational, and cultural activities where buildings and associated improvements are owned and/or operated by a public, nonprofit, or public serving group or agency. Condominium An undivided interest in common in a portion of real property coupled with a separate interest in space called a "unit," the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The description of the unit may refer to: a) boundaries described in the recorded final map, parcel map, or condominium plan, b) physical boundaries, either in existence, or to 17.14-5 17.14 Definitions Zoning Ordinance be constructed, such as wall, floors, and ceilings of a structure or any portion thereof, c) an entire structure containing one or more units, or d) any combination thereof. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property. This term shall also include stock -cooperative developments. Condominium Project A common interest development consisting of condominiums. Convalescent Facilities A business establishment engaged in providing care on twenty-four (24) hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. Convalescent Home A home or establishment offering or providing lodging, meals, nursing, dietary, or other personal services to five (5) or more convalescents, invalids, or aged persons, but shall not include surgery or the care of persons with contagious or communicable diseases. Conversion (Condominium) A change in the type of ownership of a parcel or parcels of land, together with the existing structures, from rental housing, as defined in this section, to a condominium, community apartment, planned development, stock cooperative, or common interest development. County Refers to the County of Riverside. Court An open, unoccupied space, bounded on two (2) or more sides by the walls of a building. "Inner court" is a court entirely enclosed within the exterior walls of a building. All other courts are referred to as outer courts. Coverage The percentage of total site area covered by structures, open or enclosed, excluding the following uncovered structures: steps, courts, patios, terraces, and swimming pools. D Dairy Means any premises where three (3) or more cows, three (3) or more goats or one (1) or more cows and two (2) or more goats, or two (2) or more cows and one (1) or more goats are kept, milked, or maintained. Daycare Center, Adult A state -licensed facility designed to provide necessary care and supervision to persons eighteen (18) years of age or older on less than a twenty-four (24) -hour basis. Adult day care centers include the various types of adult day services as defined under state law that include "adult day care facilities," "adult social day care facilities," and "adult day health care facilities." Day Care Center. Children A state -licensed facility, other than a family day care home, providing non- medical care and supervision to children under eighteen (18) years of age on less than a twenty-four (24) -hour basis. Child day care centers shall include "day care centers" as defined under state law, which include infant centers, preschools, and extended day care facilities. Deck A platform other than a balcony, either freestanding or attached to a building, without a roof, that is supported by pillars, posts, or walls. Director and Director of Planning and Planning Director Refers to the Community Development Director or his or her designee. 17.14-6 17.14 Definitions Zoning Ordinance Drive-in Restaurant Any building or structure in which food and drink are prepared for service to customers outside of such building or structure, even though the same is served to customers inside said building or structure or to customers occupying vehicles outside such structure, and shall include self-service restaurants for take-out food. Drive-thru (see establishment with drive -up service) Driveway An appropriately paved and privately -owned surface or road that provides access to off-street parking or loading facilities. Dump An area devoted to the disposal of combustible or non-combustible refuse. Duplex A structure consisting of two (2) dwelling units. Dwelling or Dwelling Unit An attached or detached building containing one or more rooms wherein the occupants of each dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit. Dwelling, Multiple Family Residential One or more buildings located on a lot containing a total of two (2) or more dwellings within a structure. Dwelling, Single -Family An attached or detached building not to contain more than one kitchen wherein the occupants of the Dwelling Unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit. Dwelling, Tri-plex A building designed for occupancy by three families living independently of each other and containing three dwelling units under one common roof. Dwelling, Two-family or duplex An attached or detached building containing two Dwelling Units wherein the occupants of each Dwelling Unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit. E Establishment with Drive -up Service A business or institution providing services accessible to persons who remain in their automobiles. F Family An individual or two (2) or more persons related by blood, marriage, or adoption, or a group of 17.14-7 17.14 Definitions Zoning Ordinance not more than five (5) persons, excluding servants, who need not be related by blood, marriage, or adoption, living together in a dwelling unit, but not including limited residential care facilities. Family Day Care home, Large A dwelling twelve (12) or fewer children under the age than twenty-four (24) hours per day. Family Day care Home, Small A dwelling one (1) to six (6) children inclusive, including Fire arm Sales or Firearms Business An its gross floor area devoted to the sale of hunting or shooting equipment. that regularly provides care, protection, and supervision for of ten (10), in the provider's own home, for periods of less that regularly provides care, protection, and supervision for children under the age of ten (10). establishment having at least twenty-five (25%) percent of fire arms, ammunition and ammunition components, and Floor Area, Gross The total horizontal area of all the floors of a building included within the surrounding walls, exclusive of vent shafts and courts. Floor Area, Net The total useable floor area within all floors of a building included within the surrounding walls. Floor Area Ratio The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located. Food and Beverage Sales A business establishment where the primary use involves the retail sales of food and beverages for off-site preparation and consumption. Typical uses include grocery markets and delicatessens. This category does not include liquor stores. Food Manufacturing A business establishment engaged in manufacturing, processing, and/or packaging of food products for wholesaling and distribution. This use may include incidental direct sale to consumers of the products manufactured on-site, souvenirs, and ancillary tasting facilities for the public. Frontage The frontline of a site, separating the site from the street. G Garage, Parking Garage A structure with a common vehicular entrance and exit which is used by vehicles in parking spaces and which otherwise conforms to the requirements of this Zoning Code. Garage, Private A detached accessory building, or a portion of a main building on the same lot, enclosed on three (3) sides and with a door capable of enclosing the fourth side, for the parking or temporary storage of vehicles owned by the occupants of the premises. General Plan The General Plan of the City of Cudahy, consisting of the General Plan and Map, adopted by the City Council. 17.14-8 17.14 Definitions Zoning Ordinance Grade, Existing The surface of the ground or pavement at a specific location as it existed prior to disturbance in preparation for a construction project. Grade, Finished The finished surface elevation of the ground or pavement at a specific location after the completion of a construction project. Grade, Ground level the average level of the finished ground surface surrounding a building, measured at the center of all walls of the building. Gradient The rate of vertical change of a ground surface expressed in a percentage and determined by dividing the vertical distance by the horizontal distance. Group Home (Unlicensed) or Unlicensed Group Home A single family dwelling unit with six or fewer occupants who are all (other than the house manager) considered disabled under state or federal law, but not licensed by the state. Guest House Refers to living quarters, having no kitchen facilities, located within an accessory building located on the same premises with a main building and occupied solely by members of the family, temporary guests, or persons permanently employed on the premises. Guest Room A room designed for or occupied as sleeping quarters by one or two persons, providing lodging for compensation. H Hazardous Waste Any waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: a) exhibit toxicity, corrosivity, flammability, and/or reactivity; b) cause, or significantly contribute to, an increase in serious irreversible, or incapacitating reversible, illness; or, c) present a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Hazardous Waste Facilit. All contiguous land, structures, other appurtenances, and improvements within a property, used for handling, treating, storing, or disposing of hazardous wastes. Health and Physical Fitness Facility A private athletic clubs and gymnasiums including, but not limited to, weight training facilities, aerobic exercise floors, racquetball courts, swimming pools, and similar athletic facilities. Height (see building height) Home Occupation An occupational activity carried on by the occupant(s) of a residential dwelling as a secondary use in connection with which there is no display, no walk-in customers, no stock -in -trade, nor commodity sold upon the premises, no person employed, and no mechanical equipment used, except such as is necessary for housekeeping purposes. Hospital A facility providing medical, surgical, psychiatric, and/or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out- patient treatment, as well as training, research, and administrative services for patients and employees. 17.14-9 17.14 Definitions Zoning Ordinance Hotel or Motel One (1) or more buildings containing guest rooms or dwelling units, with one (1) or more such rooms or units having a separate entrance leading directly from the outside of the building or from an interior court. Such facilities are designed to be used, or intended to be used, rented, or hired out for temporary or overnight accommodations for guests, and are offered primarily to patrons by signs or other advertising media. This classification may contain public meeting rooms and eating, drinking, and banquet services associated with the facility. Hot Tub (see Swimming Pool) Household A single individual or group of individuals, unrelated or related by blood or marriage, residing in a dwelling unit. Household Pet A domesticated animal commonly maintained within a residence. I Industrial Complex. Any group of three (3) or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least one hundred thousand (100,000) square feet of floor area. In -ground pool (see Swimming Pool) J Junk Yard The use of a lot, or the use of any portion of a lot, for the dismantling of machinery or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials K Kennel Any lot or premises on which four (4) or more dogs or cats at least four (4) months of age are boarded or trained. Kitchen A room in a building or dwelling unit that is used in the cooking or preparation of food. L Laboratory An establishment providing analytical or testing services, including, but not limited to, chemical Tabs, dental -medical labs, optical labs, and labs conducting mechanical, electrical, physical, or environmental tests, as well as research and development. Landscaping The planting and maintenance of live trees, shrubs, ground cover, and lawn areas, including the installation of irrigation systems required by the provisions of this Zoning Code. "Landscaping" may include inorganic decorative materials of natural or man-made origin if used to accent or complement, but in no case imitate, the natural vegetation. Inorganic decorative materials used in landscaping may include rock, stone, wood, waterfall, fountains, pools, sculptures, benches, and architectural screens, walls, and fences. 17.14-10 17.14 Definitions Zoning Ordinance Liquor Store A business establishment having at least fifty (50) percent of its gross floor area used for the sale of alcoholic beverages intended for off-site consumption. Loading Space An off-street space on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley, or other permanent means of ingress and egress. Lodging House A residence or dwelling, other than a hotel, wherein lodging and meals are provided to four (4) or more persons for compensation, whether direct of indirect. In determining the number of persons lodging in a Lodging House, all residents shall be counted, including an owner, agent or manger. Lot Real property with a separate and distinct number or other designation shown on a plat recorded in the office of the County Recorder as a part of an approved subdivision. shall mean (1) a parcel of real property when shown as a delineated parcel of land with a number of other designations on a plat recorded in the Office of the County Recorder of Riverside County; or (2) a parcel of land the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the State of California in the Office of the County Recorder of Riverside County; (3) a parcel of real property not delineated as in (1) or (2) above, and containing not less than the prescribed minimum square footage required in the zone in which it is located and which abuts at least one public street, and alley or a private easement determined by the Commission to be adequate for purposes of access from a street; (4) a parcel of land registered under Land Title Law (Torrens Title) and held under separate ownership from adjacent property on the effective date of this Ordinance. Lot, Area The total area, measured in a horizontal plane, included within the lot lines of a lot or parcel of land. Lot, Corner A lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an interior lot. Lot, Cul-de-sac A lot fronting on, or with more than one-half (50%) of its lot frontage, on the turnaround end of a cul-de-sac street. Lot, Depth The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines. Lot, Interior A lot other than a corner or reverse corner lot. Lot, Key Any lot where the side property line abuts the rear property line of one or more lots, and where such Tots are not separated by an alley or any public way. Lot Line Any line bounding a lot as defined in this section. Lot Line, Exterior A lot line abutting a street. Lot Line, Front On an interior lot, the front lot line of the property line abutting the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line. On a corner or reversed corner lot, the front lot line is the shorter property line abutting a street. On a through lot, or a lot with three (3) or more sides abutting a street, or a corner or reversed corner lot with lot lines of 17.14-11 17.14 Definitions Zoning Ordinance equal length, the Zoning Administrator shall determine which property line shall be the front lot line for purposes of compliance with the setback provisions of this Zoning Code. Lot Line, Interior A lot line not abutting a street. Lot Line, Rear A lot line not abutting a street that is opposite and most distant from the front lot line. For triangular lots where there is no rear lot line, the rear lot line shall be defined as the point at which the side lot lines intersect. Lot Line, Side Any lot line that is not classified as a front lot line or rear lot line. Lot Line, Zero A lot line that does not have any side -yard setback. Lot, Reverse Corner A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear. Lot, Through A lot having frontage on two (2) parallel or approximately parallel streets. A through lot may have no rear lot line. Lot; Width The horizontal distance between the side lot lines measured at right angles to the lot depth line at a distance located midway between the front and rear lot lines. M Main building A building that is designed, and used for, or intended to be used, to accommodate the principal use on the lot. In residential zones, any dwelling shall be considered the main building on the lot. Maintenance and Repair Services An establishment providing household appliance repair, furniture repair, office machine repair, bicycle repair, or building maintenance services. This classification excludes maintenance and repair of motor vehicles, boats, or ships. Mansard or Mansard Roof A roof having two (2) slopes on all sides with the lower slope steeper than the upper one. Manufactured Housing A mobile home, or manufactured housing unit, as defined by and installed in accordance with California Health and Safety Code Section 18008 and 18551, respectively, and factory - built housing as defined by California Health and Safety Code Section 19971. Medical Clinic Any facility providing physical or mental health service, and medical or surgical care of the sick or injured, but shall not include inpatient or overnight accommodations. Activities included within this definition are health centers, health clinics, and doctors' offices. Mini -Warehouse A warehouse operation serving the public where customers rent or lease, or self - storage and have direct access to, individual storage areas, compartments, or facilities rooms within a larger structure or structures provided for storage use. This use may also include limited caretaker facilities. Mobile Home A movable or transportable vehicle, other than a motor vehicle, intended for occupancy 17.14-12 17.14 Definitions Zoning Ordinance for one family, and having no foundation other than jacks, piers, wheels or skirtings. All mobile homes located on lots must be a minimum of 450 square feet, with a minimum of 10 feet in width. All mobile homes must have a complete sanitary facilities, including a lavatory, flush type toilet, tub or shower, and kitchen sink, all connected to sewage outlets in conformity with state, county and health requirements. Mortuary An establishment providing services such as preparing the deceased for burial, and arranging and managing funerals and related services, and may include limited caretaker facilities. This classification excludes cemeteries, crematoriums, and columbariums. Motel One or more buildings containing more than five (5) completely furnished individual guest rooms with one or more such rooms or units having a separate entrance leading directly from the outside of the building or an inner court. Such facilities are designed, used, or intended to be used, rented or hired out as temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients. Motels include auto courts, motor lodges, and tourist courts. N Nonconforming A building and/or improvement, or portion thereof, which does not conform improvement to current Zoning Code regulations. Nonconforming use, any use of land or property that was lawfully established and in effect at the lawful or legal time this Zoning Code or any amendment became effective, but no longer complies with all of the applicable regulations and standards of the zone in which the use is located. Nonconforming any structure or improvement that was lawfully established and in existence structure, lawful at the time this Zoning Code or any amendment became effective, but no or legal longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located. 0 Offices Administrative, clerical, or public contact offices of a government agency, government including postal facilities, together with incidental storage and maintenance of vehicles. Offices, Medical Offices or health facilities providing health services, including without limitation, preventative and rehabilitation treatment, diagnostic services, and testing and analysis, but excluding inpatient services and overnight accommodations. This classification includes without limitation offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic, and psychiatric services, and medical or dental laboratories incidental to such offices. Offices, Professional Offices for firms or organizations providing professional, executive, management or administrative services, such as architectural, engineering, real estate, insurance, investment, or legal offices. This classification excludes savings and loan associations, banks, and medical offices. Off-street Parking Facility A lot, or portion thereof, improved and used for the parking of vehicles, including, but not limited to, enclosed garages and parking structures, open parking areas, aisles, driveways, and appurtenant landscaped planters and their improvements. Open Space, Useable (Useable Open Space) Open space upon the lot or parcel to which it is appurtenant, which can be used by inhabitants of the property for outdoor living, activity and/or recreation and may include landscaping. Each linear dimension of such space shall be a minimum of six (6) feet. Balconies may be credited as "usable open space" provided they each have linear dimensions of a minimum of five (5) feet. Enclosed recreation or multi-purpose activity rooms may be credited as 17.14-13 17.14 Definitions Zoning Ordinance "usable open space." All such areas shall be readily accessible to the inhabitants of the property. "Usable open space" does not include driveways, open or covered parking areas, utility space such as trash or garbage areas, or space occupied by the required front yard setback. For the R -MF zone, the following minimum usable open space is required for: 1. Each studio apartment, two hundred (200) square feet; 2. Each one -bedroom apartment, two hundred (200) square feet; 3. Each two-bedroom apartment, two hundred (200) square feet plus one hundred (100) square feet making a total of three hundred (300) square feet; 4. Each additional bedroom an additional one hundred (100) square feet. The computation of usable open space provided shall be as follows: 1. The following areas shall be computed at 1.25 times the area actually devoted to such use: a. Private patios, when directly accessible to the dwelling unit to which it is appurtenant; such patios shall be completely enclosed on all sides by a fence which is a minimum of five (5) feet in height; b. Balconies and lanais, when directly accessible to the unit to which they are appurtenant; such balconies and lanais must have a minimum dimension of five (5) feet; and c. Swimming pool areas, including the hard surface deck, which normally surrounds such pools. Deck area more than twenty-five (25) feet from the edge of the pool will not be counted as open space under this recreation activity rooms, provided these rooms are permanently maintained for the use of tenants for various recreation activities. Such activity rooms shall not include lobbies, but may include common steam rooms, sauna baths, or the like. 2. All other areas meeting usable open space requirements shall be credited with the actual area (square feet) provided. 3. No area will be considered as usable open space if it has any dimension less than six (6) feet except balconies. (Ord. 679 §1, 1989). Outdoor Advertising The use of signs or other measures soliciting public support or directing public attention to the sale, lease, hire, or use of any objects, products, services, or functions which are not produced, sold, or otherwise available on the premises where such signs are erected or maintained. Outdoor Living Space Either an open passive landscaped area specifically designed, improved, and maintained to enhance the architectural design, privacy, and general environmental quality of a residential development or an easily accessible public or private activity area specifically designed, improved, and maintained for outdoor living and/or recreation by occupants of the residential development. 17.14-14 17.14 Definitions Zoning Ordinance P Parcel A contiguous quantity of land owned by, or recorded as the property of, the same claimant or person. Parking Space A space within an off-street parking facility that has the minimum attributes of size, location, and design specified in Article 21 (Parking requirements) of this Zoning Code. Parks and Recreation Facilities Uses that include, but are not limited to, land and interests in land; swimming pools; tennis, volleyball and basketball courts; baseball grounds; play areas; turf; sprinkler systems; community center buildings; recreation buildings; and other works, properties, structures, and facilities necessary or convenient for public park, playground, or recreation purposes. Pawn Shop A business establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property. Performance Art A public building used for theatrical performances, concerts, recitals, and facilities similar entertainment. This classification excludes commercial cinemas or theaters. Personal Convenience Service A business establishment providing recurrently -needed services of a personal nature. This classification includes, but is not limited to, barber and beauty shops, seamstresses, tailors, shoe repair shops, photocopying, retail dry cleaning establishments (excluding wholesale dry cleaning plants), self-service Laundromats, and similar services. This classification excludes massage parlors, tattoo parlors, and/or skin piercing establishments. Personal Improvement Service A business establishment providing instructional services or facilities, including, but not limited to, photography, fine arts, crafts, dance or music studios, driving schools, modeling agencies, reducing salons, and health or physical fitness clubs. Incidental instructional services associated with a retail use shall be classified as "retail sales" rather than "personal improvement services." Planned Unit Development The planning, construction, or implementation and operation of any use or structure, or a combination of uses and structures, on a single parcel of land based on a comprehensive and complete design or plan treating the entire complex of land, structures, and uses as a single project. Plant Nursery A site used to raise trees, shrubs, flowers, and other plants for sale or for transplanting, and where all merchandise (other than plants) is kept within an enclosed building or fully -screened enclosure, and fertilizer of any type is stored and sold in package form only. Pre-existing In existence prior to the effective date o this Ordinance. Public Building A building owned and operated by a public agency for public use. Public Safety Facility A public facility providing public safety and emergency services, including police and fire protection, and associated support and training facilities. Public Utility Facility A building or structure used by any public utility including, but not limited to, any gas treatment plant, reservoir, tank, or other storage facility, water treatment plant, well, reservoir, tank 17.14-15 17.14 Definitions Zoning Ordinance or other storage facility, electric generating plant, distribution or transmission substation, telephone switching or other communications plant, earth station or other receiving or transmission facility, any storage yard for public utility equipment or vehicles, and any parking lot for parking vehicles or automobiles to serve a public utility. The term "public utility" shall include every gas, electrical, telephone and water corporation serving the public or any portion thereof for which a certificate of public convenience and necessity has been issued by the State Public Utility Commission. Q R Recreational Facility A publicly -owned and operated recreational structure or building, such as a tennis court, swimming pool, multi-purpose community building, or similar use. Recyclable Material A reusable material, including, but not limited to, metals, glass, plastic, and paper, and which is intended for reuse, re -manufacture, or reconstitution for the purpose of using the altered form. "Recyclable material" shall not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with Section 25250.11 and Section 25143.2(b)(4) of the State Health and Safety Code. Recycling Facility A center for the collection and/or processing of recyclable materials. "Certified recycling facility" or "certified processor" refers to a recycling facility certified by the State Department of Conservation as meeting the requirements of the State Beverage Container Recycling and Lifter Reduction Act of 1986. A recycling facility does not include storage containers or processing activities located on the premises of a residential, commercial, or manufacturing use, and used solely for the recycling of material generated by such residential property, business, or manufacturer. Recycling, Collection Facility A center for the acceptance of recyclable materials from the public by donation, redemption, or purchase. Recycling, Processing Facility A building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end - user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re -manufacturing. Rental Units A housing unit leased for the occupancy of a residential household. Residence One (1) or more rooms designed, used, or intended to be used as permanent living quarters for a household, and not as temporary or overnight accommodations. Residential Care Facility, Limited A business establishment providing twenty-four (24) -hour non- medical care for six (6) or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California. Rest Home (see convalescent home) Restaurant, Sit Down A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to the public on demand from a 17.14-16 17.14 Definitions Zoning Ordinance menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools. This use may include incidental delivery service utilizing no more than two (2) delivery vehicles. Restaurant, Fast -Food A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to customers from a serving counter in disposable containers or wrappers and where food and meals are generally prepared in advance for immediate sale, and which may include inside seating, drive-through service, delivery service, and take-out/carry-out service. Restaurant, Delivery A place where orders for food and beverages may be placed in person or by telephone, facsimile, copier, or other off-site means of communication, from a limited menu, and which orders are delivered to a location directed by the customer. Restaurant, Take-out A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverages are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises. Retail Sales A business establishment engaged in the retail sale of merchandise not specifically listed under another use classification as defined in this section. This classification includes, but is not limited to: department stores, clothing stores, furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, books, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). This classification excludes thrift shops and pawnshops. Room An unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches. S School, Elementary, Junior High, and High An institution of learning which offers instruct on in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. School, Private An educational institution having a curriculum comparable to that required in the public schools of the State of California. Secondary (or second) Unit A detached dwelling unit that provides complete, independent living residential unit facilities for one (1) or more persons. A secondary residential unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot on which the primary unit is situated. Senior Housing A housing development project in which one hundred (100%) percent of the project rental units are intended to be occupied by persons who are sixty-two (62) years of age or older, or married couples, of which one spouse is over sixty-two (62) years of age. Service Station (see vehicle, service station) 17.14-17 17.14 Definitions Zoning Ordinance Setback A required open space on an improved lot that is unoccupied by buildings and unobstructed by structures from the ground upward, except for projections and accessory buildings permitted by the provisions of this Zoning Code. Setbacks shall be measured as the shortest distance between a property line and the nearest vertical support or wall of the building, enclosed or covered porch, or other structure. Setback, Between A required open space between separate buildings or between separate buildings or dwelling units on the same lot or building site. Such setback shall be setback between measured as the minimum distance between the nearest vertical support dwelling units or wall of each building or enclosed or covered porch. Setback, Exterior Side A side setback abutting a street. Setback, front A setback extending across the full width of the front of the lot, the minimum and/or average dimensions of which are determined by the property development standard of the applicable zone in which such lot is located. Setback, Rear A setback extending across the full width of the rear of a lot, the minimum and/or average dimensions of which are determined by the property development standards of the applicable zone in which such lot is located. Setback, Side A setback extending from the required front setback to the required rear setback, or to the front and/or rear property lines where no front and/or rear setback is required by the provisions of this Zoning Code, the minimum and average dimensions of which are determined by the property development standards of the applicable zone in which such lot is located. Sign Any card, cloth, plastic, paper, metal or other material or painted character visible from outside of a structure for advertising purposes, mounted to the ground or any, tree, building, wall, bush, rock, fence or structure,. whether privately or publicly owned. "Sign", means any graphic announcement, declaration, demonstration, display, illustration, insignia or object used to advertise or promote the interest of any person or business when the same is placed out-of-doors in view of the general public. This definition shall not include the display of. the American flag, flag of the State, county, public entity or City flag. Sign, A -Frame A freestanding sign usually hinged at the top or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable, and are not considered to be permanent signs or displays. Sign, Animated Signs Signs designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color; or any other method or device which suggests movement. Animated signs do not include flags and banners, time and temperature signs. Sign, Announcement or Bulletin Board Signs Signs permanent in character designed to accept changeable copy, handbills, posters and matters of a similar nature. Sign, Area of Sign The area of a sign shall include the entire area within a series of rectangles whose outermost boarders are defined by the outermost extent of any writing, representation, -emblem, figure, character or separate sign surface. When letters comprising a sign message are placed on a background or field which is different in color or materials from the architectural features of the building on which the 17.14-18 17.14 Definitions Zoning Ordinance sign is mounted, the sign area shall be calculated as the entire area comprising the overall sign feature. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign. Sign. Awning Sign A sign painted or printed on the exterior surface of an awning. An alternative to a wall sign, permitted as same. Sign, Balloon One or more balloons used as a permanent or temporary sign or as a means of directing attention to any business or profession, or to a commodity or service sold, offered, or manufactured, or to any entertainment. Sign, Banner A fabric or fabric -like material on which an advertising message is painted or otherwise affixed. Sign, Billboard A sign that directs attention to a business, profession, product, commodity or service offered on the site on which the sign is located. Signs, Changeable Copy Copy for temporary use which is changed at periodic intervals and which may be utilized on pylon, monument, wall, bulletin board or announcement signs. Sign, Commercial Complex Any group of three (3) or more commercial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or large single commercial use occupying at least two and one-half (21/2) acres with a minimum of two hundred (200) feet of street frontage. Sign, Construction Signs Signs stating the names of those individuals or businesses, such as architects, engineers, contractors, or owners directly connected with a construction project and/or the name of the project, the address of the business, and emergency telephone numbers. Sign, Directional Signs Signs which contain any of the following words: "Entrance", "enter", "out", "one-way" or other words, or words which contain nonflashing arrows or other characters indicating traffic direction. Sign, Electronic Message Sign A sign having the capability of presenting variable message displays, including time and temperature, by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. Sign, Flag A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, religion, etc. It may or may not contain any copy. Sign, Flashing Signs Lighted signs which in whole or in part disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights as in those types generally referred to as "nervous" signs, arrows, stars, etc., and/or beacon signs. Sign, Freestanding A sign that is completely supported by structures or other supports that are placed on or anchored in the ground and are independent from any building or other structure. 17.14-19 17.14 Definitions Zoning Ordinance Sign, Height of Signs The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially increase the height of a sign. Sign, Monument Signs A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base of where supporting poles or structures, if any, are enclosed by decorative covers. Sign, Nameplate Signs naming the occupant of the premises, the business and/or address. Sign Off-site Signs Any sign which advertises or informs in any manner businesses, services, goods, persons or events at some location other than that upon which the sign is located. Sign, Painted Signs Signs painted on the exterior surface of a building or structure. Painted signs do not Sign, Pennant A device generally made of flexible materials, usually cloth, paper or plastic. A pennant may or may not contain any copy and is primarily intended to draw attention. Sign, Pylon Sign A sign with an overall height exceeding six feet and having one or more decorative supports permanently attached directly into or upon the ground. Sign, Political Signs Political signs are signs setting forth a political message with respect to an upcoming federal, State or local governmental election. Sign, Portable Signs Signs not designed to be attached to a building or anchored to the ground, including "A" boards, sandwich signs and signs attached to a fence/wall. Sign, Poster Signs Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways. Sign, Projecting Signs Signs including wall signs which are suspended from or supported by a building or wall and which project from said building or wall. Sign, Real Estate Signs All signs and sign structures relating to the sale, lease or other disposition of the real property on which the sign is located and which are temporary in nature. Sign, Revolving Signs Signs, all or a portion of, which rotate in a constant, circular manner. Sign, Roof Signs. Any sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure. Sign, Special Event Sign A temporary sign, which advertises special events and activities such as grand openings, charitable events, Christmas trees, fireworks, or as specified by the Planning Director. Sign Structure The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display. Sign, Temporary Signs Signs erected for a temporary purpose not exceeding forty-five days, including banners, pennant valances, streamers, balloon signs, inflated devices, search lights, beacons, costumed 17.14-20 17.14 Definitions Zoning Ordinance or live persons, moving stuffed animals, or advertising light or similar materials used for advertising purposes attached to or pinned on or from any structure, staff, pole„ line, framing, vehicle or other object. Sign, Time and Temperature Sign An electronically controlled sign with illuminated flippers or light bulbs for the sole purpose of displaying the time, and temperature (F. and/or C.) at intermittent intervals. Under Canopy Signs. A sign with a single or double face copy attached to the underside of a projecting canopy perpendicular to the building frontage. Sign, Unofficial (non -regulatory) Signs Signs located on public property (e.g., street or median island, parkway, sidewalk, traffic control sign posts, utility poles, park land, trees, etc.). Sign, Vehicle Signs Signs on or affixed to trucks, vans, automobiles, trailers, or other vehicles which advertise or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise or rendering of service from such vehicles. Sign, Wall Signs Signs which are in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than twelve inches from the building or structure wall. Sign, Window Signs Signs painted, attached, glued or otherwise affixed to a window or otherwise easily visible from the exterior of the building. Sign, Wall Murals The decoration on the exterior surface of a structure with scenic, architectural or artistic paints which in themselves do not identify or advertise any product, service or business. A wall mural is a sign if it is related by language, logo or pictorial depiction to the advertisement of any product or service or the identification of any business. Snack Shop A business establishment that is maintained, operated, and/or advertised or held out to the public as serving snack foods, such as donuts, ice cream, yogurt, candy, cookies, bakery items, beverages, and similar items to be consumed either on the premises or off the premises. Solid Fill Any noncombustible materials insoluble in water, such as soil, rock, sand, or gravel, that can be used for grading land or filling depressions. Spa, non-portable (see Swimming Pooi) Spa, portable A non -permanent structure intended for recreational bathing, in which all controls, water -heating, and water -circulating equipment are an integral part of the product and which is cord - connected (not permanently electrically wired). Story "Story" as defined in the currently -adopted and effective Uniform Building Code of the City. Story -Half A story with at least two (2) of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds (2/3) of the floor area of the floor immediately below it. Street A public thoroughfare or right-of-way acquired for use as such, or an approved private thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting 17.14-21 17.14 Definitions Zoning Ordinance property. "Street" shall include all major and secondary highways, traffic collector streets, and local streets. Street, Center line (see center line) Street Line the boundary line between the street right-of-way and abutting property. Structural Alteration Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, ceiling joints, or roof rafters. Structure Any physical improvement constructed or erected, including an edifice or building of any kind, or any piece of work artificially constructed or composed of parts jointed together in some definite manner, and which structure requires location on or in the ground or is attached to another improvement or in the ground, including fences, walls, swimming and wading pools, and patios. Swap meet Any indoor or outdoor place, location, or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term "swap meet" is interchangeable with, and applicable to, flea markets, auctions, open air markets, farmer's markets, or other similarly named or labeled activities; but the term does not include the usual supermarket or department store retail operations. Swimming Pool Any structure intended for swimming, diving, or recreational bathing that contains water over twenty-four (24) inches deep. This includes in -ground, above -ground, and on -ground swimming pools, hot tubs, and spas. Swimming Pool, indoor A swimming pool which is totally contained within a residential structure and surrounded on all four (4) sides by walls of said structure. Swimming pool, outdoor Any swimming pool which is not an indoor pool. Structure Advertising A structure existing, erected, or maintained to serve exclusively as a stand, frame, or background for the support or display of signs. T Thrift Shop A business establishment primarily engaged in the sale of used clothing, household goods, furniture, or appliances. This classification does not include antique shops. Townhouse A single-family dwelling which visually appears to share one or more common walls with an adjacent single-family dwelling, but which, in fact, is structurally and functionally independent of any other single-family dwelling. Trailer Coach Any vehicle, with or without motor power, designed or used for human habitation and constructed to travel on the public thoroughfares in accordance with the provisions of the California State Vehicle Code. 17.14-22 17.14 Definitions Zoning Ordinance Trailer park A site designed and equipped for the harboring, parking, or storing of one or mobile home park more trailers or mobile homes being used as living and/or sleeping quarters. Trailer Site That portion of a trailer park designated for use or occupancy of one (1) trailer coach and including all appurtenant facilities. Transfer Station An area, including any necessary building or structures, for the temporary waste storage and the salvage of rubbish, garbage, or industrial waste. This definition also includes material recovery facilities. Triplex A structure containing three (3) individual residential dwelling units. Trucking Terminal A business engaged in the storage and distribution of goods having more than five (5) heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time, but excluding trucking accessory to another industrial use on the site. U Uniform Sign Program. All applications for approval of signs in a shopping center, commercial, industrial or office complex, a group of three (3) or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of a construction, including connections and electrical plans, if any, and shall delineate the typical size, shape, design, material, coloring, lettering, lighting and position of the signage in relationship to the building form or place where it will be displayed. Scaled sketches of existing signs on the premises shall accompany the application. Use The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied, utilized, or maintained. V Variance A modification of a literal provision of this Zoning Code, granted by an administrative or quasi- judicial act in accordance with the provisions of this Zoning Code. Vehicle A business engaged in the washing, waxing, cleaning, and/or detailing of automobile washing automobiles or similar light vehicles. Vehicle Body A business establishment involved in the repairing, restoring, and/or painting and fender shop of the bodies of motor vehicles. Vehicle Rentals A business engaged in the sale, lease and/or rental of automobiles and light trucks (having a rating of less than ten thousand one (10,001) pounds, an unladen weight of less than six thousand one (6,001) pounds, and equipped with an open box -type bed less than nine (9) feet in length), including storage and incidental maintenance and repair. Vehicle Repair Garage Any site and improvements used for the repair and maintenance of automobiles, motorcycles, light trucks (having a rating of less than ten thousand one (10,001) pounds, an unladen weight of less than 6,001 pounds, and equipped with an open box -type bed less than nine (9) feet in length), or other similar passenger vehicles licensed by the State Department of Motor Vehicles. 17.14-23 17.14 Definitions Zoning Ordinance This classification shall not include the repair or maintenance of motor homes or commercial vehicles as defined in Section 3-7.901 of this Zoning Code. "Motor vehicle repair garage" shall be construed broadly to include the place where the following types of commonly -known garage or shop activities occur: tune- up and muffler work, parts and tire sales and installation, wheel and brake work, engine and transmission overhaul, and installation of car alarms and car stereos. "Motor vehicle repair garage" shall not include automobile wrecking, dismantling, or salvage, motor vehicle body and fender shops, or tire retreading or recapping. Vehicle, Service A business establishment primarily engaged in the retail sale of vehicle fuel station and lubricants. This classification includes facilities having service bays for vehicle service and repair. Such service and repair may include the sale of tires, batteries, and other parts and products related to the operation of a motor vehicle; minor tune-up; lubrication and parts replacement; non-mechanical car - washing, polishing, and waxing; and other light work related to preventive maintenance and upkeep, but may not include maintenance and repair of large trucks or other large vehicles, or body and fender work on any vehicles. Vehicle Towing/Storage A business establishment providing towing and/or storage of operative or inoperative vehicles. This classification includes the storage of parking tow-aways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling. Visual Obstruction Any physical obstruction which limits the visibility of persons in motor vehicles or pedestrians approaching intersecting or intercepting streets, alleys, driveways, or other public rights-of- way. W Wall or Fence A structure forming a physical barrier, including, but not limited to, concrete, concrete block, wood, or other materials which are solid and are so assembled as to form a barrier. Warehouse Retail An off-price or wholesale retail/warehouse establishment exceeding 70,000 square feet of gross floor area and offering a full range of general merchandise to the public. Warehouse Retail, Specialty An off-price or wholesale retail/warehouse establishment exceeding 30,000 square feet of gross floor area and offering a limited range of merchandise, serving both wholesale and retail customers. Washroom Any building, which contains individual laundry facilities and/or bathroom facilities, but does not include kitchen facilities. Wholesaling, Distribution and Storage A business engaged in storage and distribution, and having five (5) or fewer heavy trucks (having a rating of more than ten thousand (10,000) pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time. Wholesaling establishments may include no more than ten (10) percent or 1,000 square feet of floor area, whichever is less, for the incidental direct sale to consumers of only those goods distributed wholesale. This classification excludes "Mini -warehouses or self -storage facilities" and "Vehicle towing/storage." Wholesale Dry -Cleaning Plant A dry cleaning establishment having at least fifty-one (51) percent of its gross sales to licensed dry cleaners. 17.14-24 17.14 Definitions Zoning Ordinance X Y Yard An open space on a lot or parcel of land, other than a court, unoccupied and unobstructed by a building from the ground upward. Yard, Front A yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line, where the front lot line is coterminous with the street line, and the front elevation of the structure located on the parcel. Yard, Rear A yard extending across the full width of the lot or parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land. Yard, Side A yard extending from the required front yard, or the front lot line where no front yard is required, to the required rear yard or the rear lot line where no rear yard is required. The width of a required side yard shall be a specified horizontal distance between each side lot line and a line parallel thereto on the lot or parcel of land. Where a side yard is bounded by a street, the width of such required side yard shall be a specified horizontal distance between the side lot line on the street side, where said side lot line is coterminous with the street line of a fully -widened street or the ultimate street line of a partially -widened street, and a line parallel thereto on the lot or parcel of land. Z Zoning Map The Official Zoning Map delineating the boundaries of zones within the City of Beaumont. 17.14-25 17.14 Definitions Zoning Ordinance This page has been intentionally left blank. 17.14-26 17.14 Definitions EXHIBIT "B" OFFICIAL ZONING MAP CITY OF BEAUMONT CITY OF BEAUMONT Zoning Map LEGEND BCITY BOUNDARY SPHERE OF INFLUENCE ZONING DESIGNATIONS (RR) RESIDENTIAL RURAL (RSF) RESIDENTIAL SINGLE-FAMILY (SFA) SPECIFIC PLAN AREA - (RMF) RESIDENTIAL MULTI -FAMILY (G) OMMERCIAL GENERAL - (CC) COMMERCIAL COMMUNITY ▪ (M) MANUFACTURING (BAO) BEAUMONT AVENUE OVERLAY - (MRO) MINERAL RESOURCE OVERLAY n (PF) PUBLIC FACILITIES - (RC) RECREATION AND CONSERVATION PARCELS 0 +.000 3,000 0.000 +x000 F.r ‘:111111111111111111 ".111111i1111 lIIHhlII • E1111111111: s ,,,111111111n, .111_11U2L. flhfIIIUHI :nrirMilliffi "" 111111111111111 NI11111111110. miumnium :11111111111111; MUM 1111111 11111 MUIR 11/11111Itt WW1 1111111 1111 =j111111111 INN MN UM MI OM IP 1011 _1111111_SJ `(1111111 J 1 11111111 \P • ndoV_ 4' .Paint ��1 i 1 4 FAra OMNI 31V0 ENE SIM • IMINE OrI\/I\/I\/IN( • • 0• ••1 la - JE 111111 EMI -- am ON ._ I Mik • n \ 11 II I— gii a :t 111 MN III El - - go - ■■ ma �i 11\,I/1111111 x111111. re. aft CaLTErz • Ale Aft air • • 1 • III aft 1Mir • ar iir "MN :11111•11I alLI mi. on MINNIL JINI 611 - - NH \1 i EPR ♦ 111111* Iikiiaft It �044,8e ::111111 Ali pie* Ilk aft dii®i air NO we 1101 •itellit *�r►�Or '_w i P nn...�'•'i i11Hamr T T �11111111111111►� 11111 411111 ®® ®2 ®1 ®® Mari 11141 aim mum 141 Es ,�o®Apir s ■ INN . :®11■1®■1111110 No NE i nit is .. ■. ..um am ■rLICn j V IUI !lHhIIRUI� 6 Ai: am �►gra on .. • 44 Oil istinatins ma mum Earning mii.m mm AS mm mm mm .. mmmm mm mm mm MB tom memgoon ill 11111111POMPt �� /un■nnnn :. 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