§ 28-1. Definitions.

§ 28-2. Purpose of chapter.

§ 28-3. Districts established and designated.

§ 28-4. Combining district established.

§ 28-5. Establishment of zones by map; use, construction, etc., of land, building, etc., to be in

conformity with chapter.

§ 28-6. Uncertainty of boundaries.

§ 28-7. Changes in boundaries.

§ 28-7.1. Flood plain district--Description and purpose.

§ 28-7.2. Same--Definitions.

§ 28-7.3. Same--One zone established.

§ 28-7.4. Same--Uses permitted.

§ 28-7.5. Same--Restrictions.

§ 28-7.6, Same--Nonconforming uses and structures.

§ 28-7.7. Same--Zone area.

§ 28-8. Unclassified land.

§ 28-9. Compliance with regulations required.

§ 28-10. Duty of building inspector to enforce chapter;

permits and licenses conflicting with chapter

declared null and void.

§ 28-11. Buildings and uses in violation of chapter de

clared public nuisances; abatement and removal

of violations of chapter.

§ 28-12. Applicability of article.

§ 28-14. Uses requiring issuance of use permit.

§ 28-15. Construction of accessory buildings.

§ 28-16. Public utility transmission lines, towers, etc.

§ 28-18. Exceeding height limits with use permits.

§ 28-20. Exceeding height limits in C or M districts.

§ 28-21. Erection of fences, hedges and walls.

§ 28-22. Construction of cornices, fireplaces, etc.

§ 28-25. Swimming pools in R districts.

§ 28-26. Front setback in R-1 and R-2 districts.

§ 28-30. Minimum distances in dwelling groups.

§ 28-31. Drawings and sketches required in application

for permit in R-3, C or M districts.

§ 28-32. Appointment of architectural committee.

§ 28-33.1. Professional office overlay zone.

§ 28-33.2. Public hearings.

§ 28-33.3. Zone boundaries.

§ 28-33.4. Conditional use.

§ 28-33.5. Permitted uses.

§ 28-33.6. Development standards.

§ 28-37. Restoration of destroyed nonconforming building.

§ 28-42. Same--Issuance; conditions imposed.

§ 28-44. Same--Conditions necessary for grant.

§ 28-46. Same--Grant.

§ 28-48. Issuance of use permits and variances.

§ 28-50. Expiration of use permits and variances.

§ 28-52. Same--Hearing.

§ 28-53. Appeals.

§ 28-53.1. Procedure for obtaining home occupation permits.

§ 28-56. Appeals--Jurisdiction of planning commission.

§ 28-57. Same--From planning commission\to city council.

§ 28-58. Same--Same--Notice; report of planning commission .

§ 28-59. Same--Same--Time limit for council's decision.

§ 28-60. Method of amending chapter generally.

§ 28-61. Amendment redistricting property, imposing,

§ 28-62. Same--Methods of initiation; petition fee.

§ 28-63. Same--Public hearing by planning commission.

§ 28-64. Same--Same--Notice.

§ 28-65. Same--Same--Planning commission report.

§ 28-66. Same--Public hearing by city council.

§ 28-67. Zone established; boundaries set.

§ 28-68. Procedure for establishment of additional residential trailer zones.

§ 28-69. Special requirements.

§ 28-70. Registration of mobile homes.

§ 28-71. Application procedure for permits.

§ 28-72. Minimum trailer size.

§ 28-73. Enforcement of article.

§ 28-74. Variances and appeals.

§ 28-75. Penalties for violation.

§ 28-100. Site plan requirements.

§ 28-101. Contents of a site plan.

§ 28-102. Site plan review and approval procedure.

§ 28-104. Site plan amendments.

§ 28-105. Enforcement.

§ 28-106. Modification or waiver of requirements.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section;

Alley. A public or private thoroughfare which affords only a secondary means of access to abutting property.

Apartment. Any building or portion thereof which is designated and built for occupancy of five or more families.

Block. All property fronting upon one side of a street, between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, dead end street or unsubdivided land. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts.

Boardinghouse. A dwelling other than a hotel, where lodging or meals or both for three or more persons is provided for compensation.

Building. Any structure having a roof supported by columns or walls and designed for the shelter or housing of any person, animal or chattel.

Building, accessory. A subordinate building, including shelters of pools, the use of which is incidental to that of the main building on the same lot or building site.

Building, main. A building in which is conducted the principal use of the lot or building site on which it is situated.

Building site. A lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this chapter and having its principal frontage on a street, road or highway.

Business, retail. The retail sale of any article, substance or commodity, within a building, but not including the sale of lumber or other building materials, unless incidental to an allowed use and conducted within a building.

Business, wholesale. The wholesale handling of any article, substance or commodity, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance.

Combining district. Any district in which the general district regulations are combined with those special districts defined in section 28-4, for the purpose of adding additional special regulations.

District. A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this chapter.

Dwelling. A building or portion thereof designed and used exclusively for residential occupancy, including one family, two family, three family, four family dwellings and apartments, multiple family dwellings, but not including hotels, motels or boardinghouses.

Dwelling groups. A group of two or more detached or semidetached, one, two, three or four family, or multiple dwellings occupying a parcel of land in one ownership and having any yard or court or access in common, but not including motels.

Dwelling, four family or fourplex. A building containing not more than four kitchens, designed or used to house not more than four families, living independently of each other, including all necessary employees of each such family.

Dwelling, multiple. A building or portion thereof, used and designed as a residence for five or more families living independently of each other and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including motels, boardinghouses and hotels.

Dwelling, single family. A building designed for, or used to house not more than one family, including all necessary employees of such family.

Dwelling, three family or triplex. A building containing not more than three kitchens, designed or used to house not more than three families, living independently of each other, including all necessary employees of each such family.

Dwelling, two family or duplex. A building containing not more than two kitchens, designed or used to house not more than two families, living independently of each other, including all necessary employees of each such family.

Family. One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants.

Fence. Any structural device forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials.

Garage or carport. Accessible and usable covered space of not less than ten by twenty feet each for a storage of automobiles.

Guesthouse. Detached living quarters of a permanent type of construction and without kitchens or cooking facilities and where no compensation in any form is received or paid.

Height of building. The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof, excluding elevator equipment rooms, ventilating and air conditioning equipment.

Home occupation. An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services. The operation is conducted on the premises by the occupant of the dwelling as a secondary use in connection therewith.

Hotel. See Motel.

Junk yard. More than one hundred square feet of the area of any lot used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, whether for sale or storage.

Lot. See Building site.

Lot front. The shortest dimension of a lot fronting on a street.

Lot line. A line separating the frontage from a street; the side from a street or adjoining property; the rear or side from an alley or street or adjoining property.

Lot rear. The lot boundary opposite or approximately opposite the lot front.

Lot side. Any lot boundary not a front or rear lot line.

Lot, through. A lot having frontage on two parallel or approximately parallel streets.

Motel or hotel. A single building or a group of detached or semidetached buildings containing guest rooms or apartments, which group is designed and used primarily for the accommodation of transient automobile travelers.

Nonconforming use. A use that does not conform to the regulations for the district in which it is situated.

Office. A business establishment for rendering of service or administration, but excluding retail sales.

Parking space. An accessible and usable space on the building site, or adjacent lot, at least nine feet by twenty feet, or the parking of automobiles.

Rest home. Any premises licensed under section 2300 of the Welfare and Institutions Code of the state.

Rooming house. See Boardinghouse.

Sanitarium. A health station or retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions or institutions for treatment of persons addicted to the use of drugs.

Setback lines. A line established by this chapter to

govern the placement of buildings or structures with respect to lot lines, streets or alleys.

Side and front of corner lots. The narrowest frontage of a corner lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces.

Signs. Any advertising display or structure.

Street. A public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley as defined in this section.

Street line. The boundary between a street right-of-way and property.

Structural alteration. Any changes in the supporting members of a structure, such as bearing walls, columns, beams or girders.

Structure. Anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including swimming pools, excluding driveways, patios or parking spaces.

Trailer court. Land or premises used or intended to

be used, let or rented for occupancy by one or more trailers

or movable dwellings, rooms or sleeping quarters of any kind.

Use. The purpose for which land or a building is designed,

arranged or intended or for which either land or buildings is

or may be occupied or maintained.

Use-accessory. A use incidental or subordinate to, and devoted exclusively to the main use of a lot or a building located on the same lot.

Yard. An open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in article

II of this chapter.

Yard-front. A yard extending across the front of the lot between the side lot lines and measured from the front line of the lot to the nearest line of the building; provided, that if any official plan line has been established for the street upon which a lot faces, the front yard measurement shall be taken from such official plan line to the nearest line of the building.

Yard-rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.

Yard-side. A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard. (Ord. No. 301, §§ 2.201 to 2.555; Ord. No. 385, § 1.)

There is hereby adopted a precise zoning plan for the city. Such plan is adopted to promote and protect the public health, safety, peace, morals, comfort and general welfare. The purpose of this chapter is to provide for regulations for the systemic execution of the land use element of the general plan for the physical development of the city. (Ord. No. 301, §§ 1.1, 1.2.)

There are hereby established the several districts into which the city is divided and which are designated as follows:

Low density residential district or R-1 district.

Medium density residential district or R-2 district.

High density residential professional district or R-3 district.

Retail commercial or C-1 district.

General commercial district or C-2 district.

General industrial district or M district.

Agricultural district or A district.

Unclassified or U district.

Residential trailer district.

Professional office overlay zone. (Ord. No. 301, § 3.1; Ord. No. 317, § 1; Ord. No. 409, § 1.)

In addition to the districts established in section 28-3, there is hereby established a combining district which may be combined with any of the districts set forth in such section. Such district to be designated as follows:

Combining lot size district or B district. (Ord. No. 301, § 3.2.)

The boundaries of the districts designated and established by section 28-3, are as shown on that certain map entitled "Zoning Map of the City of Alturas," incorporated herein and made a part of this chapter by reference as if herein fully set forth and which map is on file in the office of the city clerk and to which reference is hereby made for full particulars as to the location of the areas shown within the districts. The districts shown are hereby declared to be subject to the regulations pertaining to such designated districts as such regulations are set forth in this chapter.

No person shall use any land, building or structure, nor shall any buildings or structure be erected, constructed, enlarged, altered, moved or used in any district shown on the zoning map, except in accordance with the regulations established by this chapter. (Ord. No. 301, § 3.3.)

Where the exact boundaries of a district cannot be readily or exactly ascertained by reference to the zoning map of the city, the boundary shall be deemed to be along the nearest street or lot line, as the case may be. If a district boundary line divides or splits a lot, the lot shall be deemed to be included within the district which is the more restrictive. In the case of acreage, the scale appearing on the zoning map shall be used to determine the location of boundaries. (Ord. No. 301, § 3.4.)

Changes in the boundaries of districts shall be made by ordinance in the manner provided in article VI, of this chapter, such ordinance describing the area to be changed either by lot and block number, or by metes and bounds. After adoption of any ordinance changing any boundaries of any district, the city clerk shall mark the zoning map to show the number and date of the adoption of the ordinance making such change. One year after the adoption of this chapter, and annually thereafter, the city clerk shall cause a revised zoning map to be published in a newspaper of general circulation in the city, such map to show the changes made in district boundaries affected by amending ordinances as herein provided for the year preceding such publication; provided, that no publication shall be required if there have been no such changes during the preceding year.

(Ord. No. 301, § 3.5.)

The flood plain district is intended to be applied to those areas of the city which under present conditions are subject to periodic flooding and accompanying hazards in the interest of promoting health, safety, morale and general welfare of the people of the city. The objective of the flood plain district shall be:

(a) To prohibit occupancy or the encroachment of any structure, improvement or development that would obstruct the natural flow of flood waters within a designated floodway on the flood plain.

(b) To keep developments in the remainder of the flood plain above the design flood flow elevation.

(c) To prevent economic loss caused by excessive flooding and to prevent loss of life and property. (Ord. No. 307, § 1. )

(a) Flood plain. The relatively flat area or lowlands adjoining the channel of a stream or watercourse and subject to overflow by flood waters.

(b) Flood. Any temporary rise in stream flow or water surface level that results in significant adverse effects in the flood plain. Adverse effects of floods may include damages from overflow of land areas, effects of temporary backwater on sewers and local drainage channels, bank erosion or channel shifts, unsanitary conditions or other unfavorable conditions resulting from deposition of materials in stream channels during flood recessions, rise of ground water coincident with increased stream flow, and interruption of traffic at bridge crossings.

(c) Floodway. The channel of a stream and that part of the flood plain inundated by a flood and therefore used to carry flood flow.

(d) Designated floodway. The channel of a stream and that part of the adjoining flood plan designated to reasonably provide for the construction of a project for passage of the design flood.

(e) Restrictive zone. That part of the floodway or flood plain within the overflow limits of the selected flood and outside the designated floodway.

(f) Standard project flood. A flood that would result from a storm with the most severe flood producing rainfall pattern of any storm that is considered reasonably characteristic of the region in which the drainage area is located, giving consideration to the runoff characteristics of the drainage area and excluding extremely rare combinations of meteorologic and hydrologic conditions. . Such a flood provides a reasonable upper limit to be considered in designing flood control improvements and flood plain limits.

(g) Design flood. The design flood against which protection is provided, or eventually will be provided, by means of flood protective or control works. When a federal flood control project survey has been authorized, the design flood will be that established by the cognizant federal agency and in all other cases will be determined by the county flood control district.

(h) Selected flood. The selected flood to be used for designating the outer limits of the part of the flood plain to be regulated, i. e., the restrictive zone. (Ord. No. 307, §1.)

Sec. 28-7 3 Same--One zone established.

The flood plain of the design flood shall be divided into one zone for regulation purposes:

1. Zone FP-1 shall include the designated flooway as shown on the adopted maps.

(Ord. No. 307, § 1. )

Sec. 28-7. 4. Same--Uses permitted.

The following uses will be permitted where shown to be consistent with initial and ultimate confined conditions for Zone FP-1.

(a) Flood control channels, spreading grounds, and basins.

(b) Recreation areas, parks, playground, fishing lake, golf course, polo field, golf driving range, baseball and football fields, parking lots, wildlife preserves, forest preserve.

(c) Grazing, field crops, truck gardening, berry and bush crops, flower gardening.

(d) Public service facilities such as roads, bridges, diversion drains, public utilities, designed and constructed so as not to be appreciably damaged by flooding and not to significantly restrict the carrying capacity of the designated floodway.

(e) Other use of enterprises similar to the above if approved by the planning commission.

(f) New structures must be designated and constructed so as not to be appreciably damaged by flooding and not to significantly restrict the carrying capacity of the designated floodway.

(Ord. No. 307, § 1. )

Sec. 28-7. 5. Same--Restrictions.

(a) No fills or excavations will be permitted unless it can be shown that proposed work will not divert or deterimentally affect or unduly raise the state of the regional flood, under the initial or ultimate confined conditions, i. e., confined within Zone FP-1.

(b) No human habitation will be permitted.

(c) No storage of floatable substances or other materials which add to the debris loads of the stream or watercourse will be permitted.

(d) No building, structures, improvements or developments will be permitted that will obstruct the natural flow of flood waters or which will endanger life or property.

(e) No residential subdivision use will be permitted unless the land involved is brought to an elevation providing for the ground floor levels of dwellings to be a minimum of three feet above the design flood elevation or maximum recorded flood, whichever is greater.

(f) No fills or excavations shall be permitted which may induce flood flows away from Zone FP-1 or offer threat to public or private property. (Ord. No. 307, § 1. )

Sec. 28-7. 6. Same--Nonconforming uses and structures.

Structures existing at the effective date of this section1a which are inconsistent with the provisions thereof, will be allowed to remain under the conditions set forth in sections 28-34 and 28-35.

Structures existing at the effective date of this section shall be permitted to remain except that:

(1) If any existing structure is damaged by seventy-five per cent of its reasonable value by fire, explosion, or acts of God, it shall be destroyed forthwith.

(2) Enlargement, extensions or change in use of any structure other than as permitted by law, shall not be allowed. (Ord. No. 307, § 1. )

Sec. 28-7. 7. Same--Zone area.

The zone area involved in sections 28-7.1 to 28-7.6 shall include an area approximately 75 feet on each side of the centerline of the North Fork of Pit River commencing at the east boundary of the city limits and running through the city to the south boundary of the city limits, all as particularly set forth in a detailed map on file with the city clerk. (Ord. No. 307, § 1. )

Sec 28-8. Unclassified land.

All lands now or hereafter including within the city, which are not designated on the zoning map as being included in any district, are and shall be designated as U or unclassified districts. (Ord. No. 301, § 3.6.)

Sec . 28-9. Compliance with regulations required.

Except as provided in this chapter, no structure shall be erected, reconstructed, enlarged, altered or moved; nor shall any building or land be used except as specifically provided and allowed in the districts in which such structure and land are located. (Ord. No. 301, § 4.1.)

(See attached Exhibit A)

Sec. 28-10. Dutv of building inspector to enforce chapter; permits and licenses conflicting with chapter declared null and void.

It shall be the duty of the building inspector of the city to enforce the provisions of this chapter, pertaining to the use of land or buildings and the erection, construction, reconstruction, moving, alteration or addition to any buildings or structures. Any permit or license of any type issued by any department or officer of the city issued in conflict with the provisions of this chapter, is hereby declared to be null and void. (Ord. No. 301, § 10.1.)

Sec. 28-11. Buildings and uses in violation of chapter declared public nuisances; abatement and removal of violations of chapter.

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter and any use of land or buildings operated or maintained contrary to the provisions of this chapter are hereby declared to be public nuisances. The city attorney, upon order of the city council shall commence the necessary action of proceedings for the abatement, removal and enjoinment thereof, in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this chapter or any other law or ordinance. (Ord. No. 301, § 10.2.)

Article II. General Provisions. Conditions and Exceptions.

Sec. 28-12. Applicability of article.

All regulations in this chapter pertaining to the districts established in article I of this chapter, are subject to the general provisions, conditions and exceptions contained in this article. (Ord. No. 301, § 5.1.)

Sec. 28-13. Settlement of ambi~uities as to classifications, boundaries. etc.

If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter, or with respect to matters of height, area requirements or zone boundaries as set forth in this chapter, the planning commission shall ascertain all pertinent facts and by resolution set forth its findings and interpretations and thereafter such interpretation shall govern, except if the city council directs the planning commission to adopt a different interpretation. (Ord. No. 301, § 5.2.)

Sec. 28-14. Uses requirina issuance of use permit.

All of the uses listed in this section, and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts defined in this chapter and therefore the authority for and location of the operation of any of the uses designated herein shall be subject to the issuance of a use permit in accordance with the provisions of article IV of this chapter. In addition to the criteria for determining whether or not a use permit should be issued as set forth in such article, the planning commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with uses permitted in surrounding areas:

(a) Damage or nuisance from noise, smoke, odor, dust or vibration.

(b) Hazard from explosion, contamination or fire.

(c) Hazard occasioned by unusual volume or character of traffic or the congregation of a large number of people or vehicles.

The uses referred to herein are as follows:

(a) Airports, heliports and landing fields.

(b) Cemeteries.

(c) Establishments or enterprises involving large assemblages of people or automobiles as follows:

(1) Amusement parks and race tracks.

(2) Circus or carnivals.

(3) Public buildings, parks and other public recreational facilities.

(4) Recreational facilities, privately operated.

(5) Auctions, sales, livestock exhibits or other activities requiring the housing of any animals, fowl, reptiles, etc.

(d) The mining, of natural mineral resources together with the necessary buildings and appurtenances incident thereto.

(e) Removal or deposit of earth other than connected with excavations or deposits in connection with construction of buildings, roadways or public or home improvements.

(f) Parking lots, retail sales and personal services not within a building, service stations, residential uses in a "C" zone, hotels, motels, bottling plants, printing plants, outdoor storage and sales establishments, carpenters' shops, and all uses in the "M" zone. (Ord. No. 301, § 5.3; Ord. No. 374, § 1; Ord. No. 380, § 1; Ord. No. 389, § 1.)

Sec. 28-15. Construction of accessory buildings.

Accessory buildings shall be constructed with, or subsequent to the construction of the main building.

Where an accessory building is attached to the main building, it shall be made structurally a part of and have a common roof with the main building, and shall comply in all respects with the requirements of this chapter applicable to the main building. Unless so attached, an accessory building in an R district shall be located on the rear one-half of the lot and at least ten feet from any dwelling building existing or under construction on the same lot, or any adjacent lot. Such accessory building shall not be located within five feet of any alley or, in any case of a corner lot, to project beyond the front yard required or existing on the adjacent lot. Residential garage entrances fronting on any lot line shall be located not less than twenty feet from such lot line. (Ord. No. 301 §§ 5.4, 5.14.)

Sec. 28-16. Public utility transmission lines, towers, etc.

Public utility distribution and transmission line towers and poles, and underground facilities for distribution of gas, water, communications and electricity, shall be allowed in all districts without limitation as to height or without obtaining a use permit therefor; provided, that all routes of proposed gas, water, communication transmission lines and electric transmission lines shall be submitted to the city planning commission and then to the city council for their recommendation. Such recommendation shall be received prior to acquisition of rights of way therefor. (Ord. No. 301, § 5.5.)

Sec. 28-17. Use permits required for signs advertising sale of subdivision.

Signs for the advertising of the sale of a subdivision may be displayed on the site of the subdivision, upon the securing of a use permit for the erection of such signs. (Ord. No. 301, § 5.6.)

Sec. 28-18. Exceeding height limits with use permits.

Where chimneys, silos, cupolas, flag poles, monuments, burners, feed mills, gas storage holders, radio and other towers, water tanks, church steeples and similar structures and mechanical appurtenances are permitted in a district, height limits may be exceeded upon the securing of a use permit in each case. (Ord. No. 301, § 5.7.)

Sec. 28-19. Certain exceptions to height limits permitted upon increase of side yards.

In any district with a height limit of less than seventy-five feet, public and semipublic buildings, schools, churches, hospitals and other institutions permitted in such district may be erected to a height not exceeding seventy-five feet; provided, that the front, rear and side yards shall be increased one foot for each one foot by which such building exceeds the height limit herein before established for such district. (Ord. No. 301, § 5.8.)

Sec. 28-20. Exceeding height limits in C or M districts.

Upon securing a use permit any building in any C or M district may be erected to a height exceeding that specified in this chapter for such district; provided, that the cubical contents of the building shall not be increased beyond that possible for a building erected within the height limit specified. (Ord. No. 301, § 5.9.)

Sec. 28-21. Erection of fences, hedges and walls.

Fences, hedges and walls may be erected in any district subject to the following conditions:

(a) Fences, hedges and walls shall not exceed six feet in height measured from original grade on the lot, within all rear and side property lines on interior lot lines, and on or to the rear of all front yard setback lines.

(b) No fence, hedge or wall over four feet in height shall be erected in any front yard, or in the side yard on the street side of either a corner or on a lot, the rear line of which abuts the side line of an adjoining lot.

(c) Fences or structures exceeding six feet in height to enclose commercial or industrial uses, tennis courts or similar areas, when such fences enclose the rear half of a lot, may be erected subject to the obtaining of a use permit therefor. (Ord. No. 301, § 5.10.)

Sec. 28-22. Construction of cornices, fireplaces, etc.

Architectural features on the main building, such as cornices, eaves and canopies may not extend closer than two feet to any side lot line. Eaves and canopies may extend a maximum of four feet into the required front or rear yard. Fireplaces, not exceeding six feet in breadth, may extend not closer than three feet to any such lot line. (Ord. No. 301, § 5.11.)

Sec. 28-23. Open, uncovered, raised porches, outside stairways, etc.

Open, uncovered, raised porches, landing places or outside stairways may project not closer than four feet to any side lot line, and not exceeding six feet into any required rear yard. (Ord. No. 301, § 5.12.)

Sec. 28-24. Yards to be measured from official plan line; provisions of chapter shall not encroach upon official Plan line.

Whenever an official plan line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this chapter be construed as permitting any encroachment upon any official plan line. (Ord. No. 301, § 5.13.)

Sec. 28-25. Swimming pools in R district.

Swimming pools in R districts shall be constructed on the rear one-half of the lot or fifty feet from the front property line, whichever is the less; such pools shall not be located closer than five feet to any rear lot line or side line. On the street side of any corner lot, where the rear lot line abuts a side lot line, no pool shall be located closer than ten feet to such side lot line.

Filter and heating systems for such pools shall not be located closer than thirty feet to any dwelling other than the owner's.

No pool shall occupy over forty per cent of the required rear yard. Coverage by a swimming pool shall not be considered in measuring maximum lot coverage. (Ord. No. 301, § 5.15.)

Sec. 28-26. Front setback in R-1 and R-2 districts.

In R-1 and R-2 districts, where two or more lots in a block have been improved with buildings at the time of the passage of this chapter, not including accessory buildings, the minimum required front setback shall be the average of the improved lots, if such setback is more or less than the stated requirements of the districts. (Ord. No. 301, § 5.16.)

Sec. 28-27. Erection of dwelling; on substandard parcel in R district.

In R districts, single family dwellings only may be erected on any parcel of land, the area of which is less than the building site area required for the particular district in which such parcel is located, but only if such parcel was in single ownership at the time of the adoption of this chapter. No structure shall be erected on any substandard parcel if such parcel was acquired from the owner or owners of record of contiguous property or such contiguous owner's or owners' transferee after January 1, 1966. (Ord. No. 301, § 5.17.)

Sec. 28-28. Side yard requirements for substandard parcels in R districts.

The width of side yards on single family dwellings constructed pursuant to section 28-27, may be reduced to ten per cent of the width of such parcel, but in no case to less than five feet. (Ord. No. 301, § 5.18.)

Sec. 28-29. Front setback to main entrance located on side of building in R district.

In any R district, where a dwelling unit is located on a lot so that the main entrance is located on the side of the building, the required side setback, from the front setback line to such entrance. shall be not less than ten feet. (Ord. No. 301, § 5.19~)

Sec. 28-30. Minimum distances in dwelling groups.

Dwelling groups shall be constructed so that the following minimum distances are provided:

(a) Minimum of ten feet between buildings.

2. Minimum of twelve feet between side yard line and access side of single row dwelling groups.

(c) Minimum of twenty feet between access side of buildings in double rows.

In case an application is made for a permit for any building or structure in any R-3, C or M district. such application shall be accompanied by architectural drawings or sketches. showing the elevations of the proposed building or structure and site plans showing proposed landscape or other treatment of the grounds around such building or structure. Such drawings, sketches and site plans shall be considered by the planning commission in an endeavor to provide that the architectural and general appearance of such buildings or structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the city, or to impair the desirability of investment or occupation in the neighborhood. (Ord. No. 301, § 5.21.)

The planning commission may appoint an architectural committee of three of its members, which shall exercise the architectural considerations provided for in section 28-31.

(Ord. No. 301, § 5.22.)

No permit shall be issued in any case where architectural consideration is required until such drawings and sketches have been approved by the planning commission and all buildings, structures and grounds shall be constructed and improved in accordance with the approved drawings and sketches. (Ord. No. 301, § 5.23.)

The professional office zone is an overlay zone intended to be applied in combination with the underlying zone. It is created in recognition of the present and future impacts the Modoc County Courthouse has on development, as well as on the pattern of new development in the immediate vicinity. (Ord. No. 409, § 2.)

The city council may, upon recommendation of the planning commission, hold a public hearing to apply the professional office overlay zone to property within the designated area of influence. (Ord. No. 409, § 2.)

The area which may be considered for professional office space is delineated on the map entitled "Professional Office Overlay Zone" on file in the office of the city clerk. (Ord. No. 409, § 2.)

A conditional use permit shall be required for all professional office development in this zone, the purpose of which is to allow the planning commission to impose conditions on development which are necessary to mitigate foreseeable negative effects. (Ord. No. 409, § 2.)

In addition to all uses permitted in the underlying zone, the following professional uses as defined in the standard land use code shall be permitted:

4610 Parking lots.

6520 Legal services.

6591 Engineering and architectural.

6593 Accounting, auditing and bookkeeping.

6594 Urban planning.

6596 Family and behavioral counseling services.

6710 Executive, legislative and judicial functions.

6721 Police protection and related activities.

6722 Fire protection and related activities.

6723 Civil defense and related activities. (Ord. No. 409, § 2.)

Site plan approval is required for all new professional office development or conversions of existing structures. In addition, all exterior modifications to an approved site plan shall also require site plan approval.

(a) Required improvements shall be completed within one year after a certificate of occupancy has been issued.

(b) The requirements for lot size, setback and frontage shall be the same as the requirements of the underlying zone, except that height shall be limited to twenty-five feet. Provided, however, the planning commission may approve heights up to the maximum allowable in the underlying zone if said height would be consistent with the intent and purpose of the underlying zone.

(c) Curb, gutter and sidewalk is required along all public right-of-ways. However, the planning commission may waive the required sidewalk when it is demonstrated that current and future pedestrian traffic does not warrant sidewalks.

(d) Required setback areas adjacent to public right-of-ways shall be landscaped in a combination of planted trees, shrubs, vines, groundcover, flowers or lawn. Planted areas shall have sprinklers and/or be percolation irrigated and maintained. Planted areas shall be separated from parking areas by a concrete curb or other materials approved by the planning commission.

(e) Off-street parking is not permitted in the required setback and shall be required to meet the following standards:

(1) One off-street parking space per five hundred gross square feet of floor area;

(2) All off-street parking shall be hard surfaced in either asphalt or concrete;

(3) Parking spaces shall be marked and shall measure nine feet by twenty feet;

(5) Handicap parking shall be provided in accord with the Uniform Building Code;

(f) One monument sign per development is permitted. Monument signs shall be mounted in a landscaped area and shall not exceed four feet in height and thirty-six square feet in surface area. In addition, each business licensee shall be permitted one flush-mounted wall plaque two square feet. Internal lighted signs shall not be permitted, nor shall day-glow, florescent, reflective and brilliant luminescent colors be permitted. Base or eyebrow lighting shall not reflect to the street or adjacent properties and shall not exceed twenty-five watts of energy. All signage shall be constructed from material that will harmonize with the character of the development and with the design features of the building.

(g) All site lighting shall be designed to minimize direct glare onto streets and adjacent properties.

(h) A sight-obscure fence six feet in height shall be required between residential properties and professional office developments. In addition, a sight-obscure fence is required around all external storage, trash storage and heating fuel storage. (Ord. No. 409, § 2.)

Except as otherwise provided in this article, uses of land, buildings or structures existing on February 20, 1967, may be continued although the particular use of the building or structure, does not conform to the regulations specified by this chapter for the district in which the particular building or structure is located or use is made. If any nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a nonconforming use of a nonconforming building may be changed to another use of the same or more restricted classification upon the securing of a use permit. If the nonconforming use is replaced by a more restrictive nonconforming use, the occupancy thereafter may not revert to a less restrictive use. If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law for a period of six months, it shall be conclusively presumed that such use has been abandoned within the meaning of this chapter, and all future uses shall comply with the regulations of the particular district in which the land or building is located. (Ord. No. 301, § 6.1.)

If any lands upon which no building or structure of any kind is located are used for a purpose which is not in compliance with the regulations of the district where such lands are located, such use may continue for a period of two years from February 20, 1967. After the expiration of the aforementioned two-year period, such lands shall be used only in conformance with the regulations of the district in which they are located. This section is in no way intended to extend the time limit invoked under other provisions of this Code or other ordinances of the city. (Ord. No. 301, § 6.2.)

Any building or structure existing on February 20, 1967, which is nonconforming either in use, design or arrangement shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this chapter for the district where such building or structure is located; provided, that any such nonconforming building or structure may be maintained, repaired or portions thereof replaced so long as such maintenance, repairs or replacements do not exceed twenty-five percent of the building's appraised valuation.

Upon the securing of a use permit as provided in this chapter any building housing a nonconforming use, may be enlarged; provided, that such enlargement is limited to land, the title to which is in the name of the owner of the nonconforming building on February 20, 1967. (Ord. No. 301, § 6.3.)

A nonconforming building destroyed to the extent of more than fifty percent of its reasonable value at the time of its destruction by fire, explosion or other casualty or act of God, may be restored and used only in compliance with the regulations existing in the district wherein it is located. (Ord. No. 301, § 6.4.)

The foregoing provisions of this article shall apply to structures, land and uses which hereafter become nonconforming due to redistricting of any lands under provision of this chapter. (Ord. No. 301, § 6.5.)

Zoning permits shall be required for all buildings and structures erected, constructed, altered, repaired or moved after February 20, 1967, within or into any district established by this chapter, and for the use of vacant land or for a change in the character of the use of land, within any district established by this chapter. No building permit shall be issued until the zoning permit has been completed by the building inspector and any required use permit or variance has been issued and become effective. (Ord. No. 301, § 7.1; Ord. No. 331, § 1; Ord. No. 348, § 1)

Application for use permit shall be made in writing by the owners of the property, lessee, purchaser in escrow or optionee with the consent of the owners, on a form prescribed by the planning commission. The application shall be accompanied by a fee, set by the city council, and plans showing the details of the proposed use to be made of the land or building. (Ord. No. 301, § 7~3.)

Upon receipt of the application for a use permit' the planning commission shall determine whether or not the establishment, maintenance or operation of the use applied for, will, under the circumstances of the particular case be detrimental to the health, safety. morals ~ comfort and general welfare of the persons residing or working in the neighborhood of such proposed use. or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city. If the planning commission finds that the aforementioned conditions will not result from the particular use applied for, it may grant the use permit. (Ord. No. 301, § 7.4.)

Sec. 28-42. Same--Issuance; conditions imposed.

Use permits revocable, conditional or valid for a term period. may be issued as provided in this article for any of the uses or purposes for which such permits are required or permitted by the terms of this chapter. The planning commission may impose such conditions as it deems necessary to secure the purposes of this chapter and may require tangible guarantees or evidence that such conditions are being, or will be complied with. (Ord. No. 301, § 7.2.)

Applications for variance shall be made in writing by a property owner, lessee, purchaser in escrow or optionee with the consent of the owners on a form prescribed by the planning commission of the city. They shall be accompanied by a fee set by the city council], a plan of the details of the variance requested and evidence (a) showing that the granting of the variance will not be contrary to the intent of this chapter or to the public safety, health and welfare, and (b! that due to special conditions or exceptional characteristics of the property, or its location, the strict application of this chapter would result in practical difficulties and unnecessary hardship. (Ord. No. 301, § 7.7 . )

Applications for variances from the strict application of the terms of this chapter may be made and variances granted when the following circumstances are found to apply:

(a) That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situate.

(b) That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this chapter is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. (Ord. No. 301. § 7.5.)

The use of lands or buildings not in conformity with the regulations specified for the district in which such lands or buildings are located may not be allowed by the granting of a variance from the strict application of the terms of this chapter. (Ord. No. 301, § 7.6.)

If the planning commission shall find that the qualifications under section 28-44, apply to the land, building or use for which variance is sought, and that such variance is in accordance with the intent of this chapter, it may grant all or part of the variance sought. (Ord. No. 301, § 7.8.)

No public hearing need be held upon any use permit or variance application; provided, that the planning commission may hold any hearings deemed necessary. Notice of such hearings shall be given as provided by law. (Ord. No. 301 § 7.9.)

Sec. 28-48. Issuance of use permits and variances.

Use permits and variances shall not be issued until five days have elapsed from the granting thereof, and in case an appeal is filed from the planning commission decision thereon, shall not be issued until decision shall be made by the city council on such appeal. (Ord. No. 301, § 7.10.)

Use permits and variances shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto. ~Ord. No. 301, § 7.11.)

Any use permit or variance granted in accordance with the terms of this chapter shall, without further action, become null and void if not used within one year from the date of the approval thereof or within any shorter period of time if so designated by the planning commission. (Ord. No. 301, § 7.13.)

Any use permit or variance granted in accordance with the terms of this chapter may be revoked by the city council in the manner set forth in this article, if any of the conditions or terms of such permits are violated, or if the following findings are made:

a) In connection with use permits: The continuance of the use would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.

(b) In connection with variances. Continued relief from the strict application of the terms of this chapter would be contrary to the public interest, safety, health and welfare. (Ord. No. 301, § 7.14.)

Before the council considers revocation of any permit, the planning commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten days in advance of such hearing. Within five days thereafter the commission shall transmit a report of its findings and its recommendations on the revocation to the city council. (Ord. No. 301, § 7.15.)

In case the applicant or any other person is not satisfied with the action of the planning commission on any use permit or variance application, he may, within five days appeal in writing to the city council.

Upon receipt of such appeal the city council shall set the matter for public hearing, notice thereof to be given as provided by law. Notice shall also be given to the planning commission which shall submit a report in the city council setting forth the reasons for the action taken by the commission. Such report shall be submitted in writing or by representation at the hearing.

The city council shall render its decisions not more than forty-five days after the close of the hearing. (Ord. No. 301, § 7.12).

(a) Application: Application for a home occupation permit shall be made to the planning commission on a form provided by the planning commission, and shall be accompanied by a filing fee of fifty dollars.

(b) Public hearing date and notice: A public hearing shall be held by the planning commission on the nearest scheduled meeting date not less than twenty-one days after filing of the application. Notices shall be mailed no less than five days prior to the date of the meeting to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application. Such notice shall contain all pertinent data related to the case.

(c) Decisions by commission: The decision of the commission shall be final unless an appeal therefrom is taken to the city council. Such decision shall not become effective for five days from the date that the written decision has been made and notice thereof mailed to the applicant.

(d) Notice of decision: Not later than five days following the planning commission's action in granting or denying the home occupation, a written report of the decision shall be mailed to the applicant at the address shown on the application form. A copy of said report shall also be forwarded to the city council.

(e) Time limit: The initial time limit shall not exceed one year. Said time limit will be subject to an annual renewal.

Requests for a time extension in one year increments shall be submitted to the planning commission in writing, accompanied by a fifteen dollar renewal fee, one month prior to expiration.

Notices of the requested time extension shall be published in the local newspaper one month prior to expiration. The request shall be reviewed and an inspection made of the property by the planning staff to verify continued compliance with the necessary criteria and conditions established with the initial approval. If in the opinion of the planning staff the applicant has not complied with the necessary conditions, the matter shall be referred to the planning commission for consideration.

(f) Voiding of permit: The commission may void any home occupation permit for noncompliance with the conditions set forth in approving the permit.

(g) Appeal of commission decision: Appeals may be taken to the city council by the applicant or any other person aggrieved by the commission's decision.

On appeal, the council shall review the decision of the commission, hear new evidence and testimony, if offered, and in decision the appeal may either affirm or reverse the decision of the commission. (Ord. No. 385, § 2.)

Except as specifically provided herein, this chapter shall not be interpreted to repeal, abrogate, annul, or in any way affect any existing provision of any law or ordinance or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement of any building or improvement; provided, that in any instances where this chapter imposes greater restrictions upon the erection, construction, establishment, moving, alteration or improvement of buildings or the use of any building or structure than is imposed or required by an existing law, ordinance or regulation, the provisions of this chapter shall control. (Ord. No. 301, § 9.1.)

Whenever the planning commission is called upon to determine whether or not the use of land or any structure in any district is similar in character to the particular uses allowed in a district, the commission shall consider the following factors as criteria for their determination:

(a) Effect upon the public health, safety, and general welfare of the neighborhood involved and the city at large.

(b) Effect upon traffic conditions.

(c) Effect upon the orderly development of the area in question and the city at large in regard to the general planning of the whole community. (Ord. No. 301 § 9.2.)

The planning commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this chapter. (Ord. No. 301 § 9.3.)

In case the applicant is not satisfied with the action of the planning commission on his appeal, he may within five days appeal in writing to the city council. (Ord. No. 301, § 9.4.)

Notice shall be given to the planning commission of an appeal to the city council, and a report shall be submitted by the commission to the city council, setting forth the reasons for the action taken by the commission. Such report shall be submitted in writing or by representation at the hearing. (Ord. No. 301, § 9.5. )

The city council shall render its decision within forty-five days after the filing of such appeal. (Ord. No. 301, § 9.6.)

Except as otherwise provided in this article, any amendment to this chapter shall be initiated and adopted as other ordinances are amended or adopted. (Ord. No. 301, § 8.1.)

Any amendment to this chapter which changes any property from one district to another district, or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated and adopted as set forth in this article. (Ord. No. 301, § 8.2. )

Any amendment of the nature specified in section 28-61, may be initiated by (a) the filing with the city planning commission of a resolution of intention of the city council; (b) passage of a resolution of intention by the planning commission; or (c) filing with the planning commission of a petition of one or more record owners of property which is the subject of the proposed amendment, or their authorized agents. A petition for amendment shall be accompanied by a fee, as set by the city council. (Ord. No. 301, § 8.3. )

Upon receipt of a petition or resolution of intention of amendment, the planning commission shall set a date for a public hearing thereon, but not later than fortyfive days after the receipt of the petition or resolution. (Ord. No. 301, § 8.4. )

§ 28-64 Alturas City Code § 28-67

Notice of public hearing shall be given as required by law. Additional notice of the time and place of such hearing and the purpose thereof shall be given by posting at least three public notices thereof not less than ten days prior to such hearing along the streets upon which the property proposed to be affected abuts.

Each such notice shall consist of the words "Notice of Proposed Zoning Change" in letters not less than one inch in height, and in addition thereto, a statement in small letters setting forth a general description of the property proposed to be affected, the time and place of the public hearing thereon and such other information as the planning commission deems to be necessary. (Ord. No. 301, § 8. 5. ) i Sec. 28-65. Same--Same--Planning commission report.

After the close of the public hearing or continuations thereof, the planning commission shall make a report of its findings and its recommendation with respect to the proposed amendment. The planning commission report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the planning commission and copies of any maps or other data or documentary evidence submitted in connection with the proposed amendment. Copy of such report and recommendation shall be transmitted to the city council within ninety days after the first notice of hearing thereon; provided, that such time may be extended with the consent of the city council or the petitioner for such amendment. In the event the planning commission fails to report to the city council within the aforesaid ninety days or within the agreed extension of time, the amendment shall be deemed approved by the planning commission. (Ord. No. 301, § 8. 6. )

Upon receipt of the recommendation of the planning commission or expiration of the ninety days or agreed upon extended period the city council shall hold a public hearing thereon, giving notice thereof as provided by law. After the conclusion of such hearing, the city council may, within one year, adopt the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the city council deems desirable. (Ord. No. 301, § 8. 7.)

Article VII. Residential Trailer District

There is hereby established an additional zoned district designated as residential trailer district, which district is particularly described as follows:

All those certain pieces, lots and parcels of land situate in the city, county, state described as follows:

Additional residential trailer zones may be established by the city council upon application by resolution; provided, that the planning commission of the city shall first approve the applicant's use permit, which permit shall be conditioned upon compliance with the following terms and conditions, together with such additional conditions which may be imposed by the planning commission.

(a) Density: Not more than sixty per cent of a homesite or lot may be covered with structures such as mobile homes, carports, covered patios and storage buildings.

(b) Set-back: Residential mobile homes shall be so placed on lots so that there shall be a five foot set-back on both sides and rear, and a twenty foot set-back on the front exterior boundary.

(c) Maintenance area: A maintenance yard, laundry and storage area may be permitted if, in the opinion of the planning commission, these areas are designed and screened so that they do not detract from the overall park-like atmosphere of the open space.

(d) Fencing: Fences of not to exceed six feet may be permitted on exterior lot boundaries, on the sides and rear, and four feet on the front boundary if constructed of masonry material or other building material satisfactory to the building inspector.

(e) Site area: Each lot in a residential trailer zone shall have a minimum size of five thousand square feet and a minimum width of fifty feet.

(f) Off-street parking: There shall be provided two off-street parking spaces for each trailer unit; such spaces may be in tandem and shall be designed so that parked automobiles will not encroach into the street and sidewalk area.

(g) Easements: The applicant, upon being granted a use permit, shall forthwith grant to the city easements for all utilities being placed on the premises or adjoining areas or structures. (Ord. No. 317, § 2.)

To enhance the residential character of the mobile home park and minimize the adverse effects on surrounding properties, the following requirements shall apply:

(a) All tongues when readily removable, shall be removed once a mobile home is in place. Those not detachable shall be screened by landscaping or other material satisfactory to the planning commission.

(b) All open area under a mobile home shall be enclosed by approved skirts or by a combination of skirts and grading, except for minimum openings required for cross ventilation.

(c) Landscaping: The following provisions shall apply to all mobile home parks.

(d) Mobile home park development within the city shall comply with applicable provisions of the state Health and Safety Code relating to the maintenance, use and occupancy of mobile homes and the construction and operation of mobile home parks, as well as the regulations set forth in title 25, chapter 5 of the state Administrative Code except when provisions of this article call for more restrictive regulations.

(e) The regulations specified in this article may be varied when such variance will result in improved design of the development and will permit desirable arrangement of structures in relation to parking areas, parks and parkways, pedestrian walks, setbacks and street frontage. (Ord. No. 317, § 3.)

All mobile homes located in the city and owned by residents of another state or country, who are not members of the armed forces, must bear current registration from the owner's home state or they must be registered in this state. If the nonresident owner accepts employment in this state or becomes a resident of this state, he must obtain state registration upon expiration of the nonresident registration. (Ord. No. 317, § 4.)

(a) All original applications for permits shall be made to the secretary of the planning commission who shall set the same for public hearing before the planning commission, and place the matter on the agenda. Applications for permits shall be made to secretary of the planning commission. city hall.

(b) The secretary shall publish notice of such hearing in a newspaper of general circulation, published in the county at least ten days prior to date set for the hearing.

(c) The secretary shall refer all original applications to the building inspector and the county health department both of whom shall investigate the circumstances surrounding the application and report to the planning commission their findings and recommendations.

(d) Upon the hearing of the application the planning commission may approve the application as filed, reject the application or approve the application upon such conditions as they deem advisable.

(e) All applications for renewal permits, which are identical to the original permits, may be presented to the building inspector, who may issue such permits without referral to the planning commission or complying with the public hearing procedure provided for above.

(Ord. No. 317, § 5.)

No trailer shall be placed on or occupy any lot within the residential trailer zone which has less than five hundred square footage. (Ord. No. 317, § 9.)

It shall be the duty of the building inspector, health department and any designated officer of the city to enforce this article and all provisions of the same. (Ord. No. 317, § 5.)

Any person, firm or corporation not satisfied with the action of the building inspector in connection with the issuance of a use permit or temporary use permit, may apply to the planning commission for the issuance of such permit, upon such terms and conditions as may be requested by the applicant. Should the applicant not be satisfied with the action of the planning commission, he may appeal to the city council in the manner provided by the Zoning Ordinance. (Ord. No. 317, § 6.)

(a) It is unlawful for any person to occupy a mobile home or to knowingly permit a mobile home to be occupied on land in his possession in violation of this article.

(b) Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a term not exceeding six months, or by both fine and imprisonment. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this article is committed, continued or permitted by such person, firm or corporation and shall be punishable as herein provided. (Ord. No. 317, § 8.)

Article VIII. Site Plans (

A site plan shall be submitted to the city planning department for review and approval before any person or entity may proceed with any of the following activities:

(1) Nonresidential development or construction;

(2) Revisions or additions to any existing nonresident site or site plan;

(3) Obtaining a conditional use permit;

(4) Obtaining a temporary use permit.

The site plan shall be submitted to the planning department and the applicant shall pay a fee at the time of submittal. The establishment of the fee structure shall be set by resolution of the city council. No development, construction, revisions or additions shall take place on the site until the site plan has been approved by the appropriate governing body, the necessary bonds have been posted, and the appropriate permits and or licenses have been obtained. (Ord. No. 412, § 1.)

A site plan shall consist of one or more pages of maps and drawings drawn to scale. The scale shall be drawn between the range of (one inch equals ten feet) and (one foot equals sixty feet). The applicant shall submit five copies of the proposed site plan smaller than eight and one-half by eleven inches and not larger than twenty-four inches by thirty-six inches. One of the aforementioned copies shall be reduced to eight and one-half by eleven inches.

The following items must be shown on the site plan:

(9) Location of existing and proposed fire devices;

(11) Location and dimensions of existing and proposed curb, gutter and sidewalk;

(12) Location and dimensions of off-street parking spaces;

(13) Location and type of surface water drainage system;

(16) Location and descriptions of existing and proposed fences;

(17) Location and description of loading areas;

(19) Location and description of existing and proposed lighting and signs.

(Ord. No. 412, § 1.)

The following procedures must be followed to obtain site plan approval.

The applicant shall guarantee the proper, complete and timely installation of the required improvements.

All improvements shown on an approved site plan or an amended site plan shall be completed within one year of the date of approval, or at such earlier time as the approving body may designate. If the improvements are not completed within the time specified, the city shall have the option of taking action on the bond to complete the improvements or of voiding the approval. An applicant may request an extension for the completion of improvements of up to one year from the body that originally approved the site plan. An extension may be granted only if the applicant demonstrates good cause for not completing the improvement and demonstrates the present ability to complete the improvements.

Every site shall conform to the approved site plan or amended site plan. No structures or improvements may be added to a site that are not included on the approved site plan. (Ord. No. 412, § 1.)

No element of an approved site plan or amended site plan may be amended or changed without first following the procedure for approval of amended site plans.

An amended site plan shall be submitted to the planning department for review and approval whenever any of the following changes are proposed for a nonresidential site:

(1) The exterior dimensions of a building on the site are to be changed;

(2) The amount or type of proposed landscaping is to be changed;

(3) The number or location of on-site parking spaces is changed;

(4) Exterior display areas are to be established or changed;

(6) Buildings are being added or deleted from the site;

(7) The zoning ordinance otherwise provides that an amended site plan shall be submitted. (Ord. No. 412, § 1.)

Failure to complete or maintain a site in accordance with this article and with the approved site plan shall be a violation of the terms of this article. The city may initiate criminal and or civil legal proceedings against any person, firm or corporation, whether acting as principal, agent, property owner, lessee, employee or otherwise, for failure to complete or maintain a site in accordance with this article and with the approved site plan. (Ord. No. 412, § 1.)

After considering a recommendation by the planning director, the planning commission may modify, adjust or waive the requirements of this section when it can be shown that:

In granting a modification or waiver of requirements, the planning commission may impose additional standards or requirements that will substantially serve the objectives, standards or requirements that are waived, adjusted or modified. Any authorized changes or requirements shall be entered into the minutes of the planning commission with the circumstances justifying such changes or requirements. (Ord. No. 412, § 1.)