Chapter 18.19
STANDARDS FOR SPECIFIC USES
Sections:
18.19.030 Accessory uses and activities.
18.19.040 Accessory dwelling units.
18.19.050 Adult-oriented businesses.
18.19.060 Alcoholic beverage sales (off-sale).
18.19.070 Community and market gardens.
18.19.090 Employee housing (for farmworkers).
18.19.110 Warehousing, storage, freight/trucking terminals, and distribution facilities.
18.19.130 Outdoor dining and seating.
18.19.140 Supportive and transitional housing.
18.19.150 Telecommunication facilities.
18.19.010 Purpose.
The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all zoning districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public. [Ord. 24-002 § 5 (Exh. A).]
18.19.020 Applicability.
Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity.
A. These standards are in addition to any applicable standard this code required in the zoning district where the use or activity is proposed, all other applicable provisions of this code, and any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, if applicable.
B. The uses that are subject to the standards in this chapter shall be located only where allowed by zoning district, specific plan, and planned development use regulations.
C. The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by zoning district, specific plan, or planned development regulations, such as a conditional use permit, except where this chapter establishes a different planning permit requirement for a specific use. [Ord. 24-002 § 5 (Exh. A).]
18.19.030 Accessory uses and activities.
Accessory uses and activities that are clearly incidental to and customarily associated with a principal use on the site may be allowed in conjunction with the principal use to which it relates provided it does not result in an intensity of use that exceeds the intensity customarily associated with the primary use. Accessory uses and activities shall be subject to the same regulations as the principal use and any standards applicable to specific uses and activities found in this chapter. [Ord. 24-002 § 5 (Exh. A).]
18.19.040 Accessory dwelling units.
Accessory dwelling units shall comply with all provisions of the base, overlay, or specific plan district, except as modified by this section.
A. Residential Density. An accessory dwelling unit is a residential use that is consistent with the existing general plan and zoning designations for the parcel and any accessory dwelling unit constructed pursuant to this section shall not be considered as a dwelling unit in density calculations.
B. Primary Dwelling Unit Required. The parcel must be in a zoning district that allows single-unit or multi-unit dwellings and contain an existing primary dwelling unit at the time an application for an accessory dwelling unit is submitted, or the application for the accessory dwelling unit may be made in conjunction with the development of the primary dwelling.
C. Number and Type of Units.
1. Lots With Existing or Proposed Single-Unit Dwellings.
a. One (1) detached accessory dwelling unit or one (1) accessory dwelling unit within the existing or proposed space of a single-unit dwelling; and
b. One (1) junior accessory dwelling unit within the existing or proposed space of a single-unit dwelling, including an attached garage.
2. Lots With Existing Multi-Unit Dwellings.
a. Two (2) detached accessory dwelling units, or
b. Up to twenty-five percent (25%) of the number of units within a multi-unit structure, with a minimum of one (1) accessory dwelling unit, constructed within portions of the multi-unit structure that are not used as livable space.
D. Standards for Attached and Detached Accessory Dwelling Units.
1. Floor Area.
a. Detached Accessory Dwelling Units. The total floor area, including an attached garage, of an accessory dwelling unit that is detached from the primary dwelling unit shall not exceed one thousand two hundred (1,200) square feet.
b. Attached Accessory Dwelling Units. The total floor area of an accessory dwelling unit that is attached to the primary dwelling unit shall not exceed fifty percent (50%) of the living area of the primary dwelling unit or one thousand two hundred (1,200) square feet, whichever is less.
2. Height.
a. Detached Accessory Dwelling Units. An accessory dwelling unit that is detached from the primary dwelling unit shall not exceed sixteen (16) feet in height, except as provided below.
(i) An additional two (2) feet of height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(ii) Detached accessory dwelling units on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half (0.5) mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Cal. Pub. Res. Code § 21155, may be up to eighteen (18) feet in height.
(iii) Detached accessory dwelling units on a lot with an existing or proposed multifamily, multistory dwelling may be up to eighteen (18) feet in height.
b. Attached Accessory Dwelling Units. An accessory dwelling unit that is attached to the primary dwelling unit shall not exceed twenty-five (25) feet in height.
3. Setbacks. Detached and attached accessory dwelling units shall comply with the setback standards applicable to other structures within the district in which the lot is located except that the minimum interior side and rear setbacks shall be four (4) feet.
4. Design and Materials. The exterior design and materials of the accessory dwelling unit shall be visually compatible with the primary dwelling in regard to the roof, building walls, doors, windows, horizontal/vertical expression, and architectural detail.
E. Standards for Accessory Dwelling Units Constructed Within Existing or Proposed Structures. For purposes of this subsection, in order to be considered an existing structure, the structure must be a legally permitted structure that conforms to current zoning or is legal nonconforming as to current zoning.
1. Floor Area. The accessory dwelling unit shall be contained entirely within the permitted floor area of the primary residence or accessory structure on the same lot as the primary residence. A maximum one hundred fifty (150) square feet expansion to existing floor area is allowed to accommodate ingress and egress for accessory dwelling units that are not designed as junior accessory dwelling units.
2. Exterior Access. Exterior access that is independent from the primary residence shall be provided.
3. Setbacks. The interior setbacks shall be sufficient for fire and safety.
4. Junior Accessory Dwelling Unit. Accessory dwelling units within existing or proposed single-unit dwellings may be designed as junior accessory dwelling units subject to the following standards:
a. Floor Area. Maximum five hundred (500) square feet.
b. Efficiency Kitchen Required. The junior accessory dwelling unit shall have an efficiency kitchen which shall include all of the following:
(i) A cooking facility with appliances.
(ii) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
c. Sanitation Facilities. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
d. Owner Occupancy Required. The owner of the single-unit dwelling in which the junior accessory dwelling unit is located shall reside in either the remaining portion of the structure or the junior accessory dwelling unit.
F. Conversions.
1. Setbacks. No setback shall be enforced for an existing living area, garage, or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.
2. Parking. If enclosed or covered parking for the primary dwelling is converted or demolished in conjunction with the construction of an accessory dwelling unit, replacement parking is not required.
G. Required Parking. Automobile parking is not required for an accessory dwelling unit. Required parking for the primary dwelling shall be provided pursuant to Chapter 18.16 DMC, Parking and Loading.
H. Sale and Rental Limitations. Accessory dwelling units may be rented separately from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, except as allowed pursuant to Cal. Gov’t Code § 65852.2. Rental terms shall be a minimum of thirty (30) consecutive days.
I. Permit Review. Permit applications for accessory dwelling units shall be considered and approved ministerially without discretionary review or a hearing within sixty (60) days from receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot or when the permit application for a proposed single-unit or multi-unit dwelling is acted upon. [Ord. 24-002 § 5 (Exh. A).]
18.19.050 Adult-oriented businesses.
A. Purposes.
1. The purpose of this section is to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can result from the concentration of adult-oriented businesses in close proximity to each other or in proximity to other incompatible uses such as private and public educational facilities for minors, places of religious assembly or worship, public parks and recreation areas, and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, an increase in crime and blight, and also causes other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.
2. In view of the various adverse secondary effects associated with adult-oriented businesses, this section shall be implemented in conjunction with Chapter 11.02 DMC, which establishes licensing criteria sufficient to ensure the protection of the public health, safety and general welfare.
B. Distance Requirements. An adult-oriented business may be established, located, or operated only in the zoning districts in which it is expressly listed as a conditional or permitted use, and only subject to each and every one of the following:
1. The adult-oriented business shall be located at least one thousand (1,000) feet away from:
a. A church, synagogue, mosque, temple or building or portion of a building or structure which is used for religious worship or related religious activities;
b. The boundary of any residentially zoned land, whether in the City, in an adjoining city, or within an unincorporated area;
c. Any public park, or recreational area, or property zoned, planned, or otherwise designated for such use by City action, including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball or tennis courts, or other similar public land within the City which is under the control, operation, or management of the City or park and recreation authorities;
d. Any public or private educational facility including but not limited to child day care facilities, libraries, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools. This category of uses does not include vocational or professional institutions of higher education including but not limited to community or junior colleges, colleges and universities;
e. Youth-oriented establishments which are characterized by any or all of the following: (i) the establishment advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or (ii) the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors; or
f. Any boys’ club, girls’ club, or similar youth organization.
g. The uses and zones set forth in subsections (B)(1)(a) through (B)(1)(f) of this section shall be collectively known as “sensitive uses.” The distance between an adult-oriented business and a “sensitive use” shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the building or structure, or a portion of the building or structure, in which the adult-oriented business is located to the boundary of the property on which the building or structure, or portion of the building or structure, in which the “sensitive use” occurs or is located.
2. The adult-oriented business shall not be located within five hundred (500) feet of more than one (1) other adult-oriented business, whether in the City, in an adjoining city, or within an unincorporated area. The distance between any two (2) adult-oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the building or structure, or portion of the building or structure, in which each adult-oriented business is located.
3. If any portion of the building or structure in which the adult-oriented business is located fails to meet the distance criteria set forth in subsections (B)(1) and (B)(2) of this section, the entire building or structure shall be ineligible for an adult-oriented business use.
4. The presence or existence of a City, County or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
5. The distance criteria set forth in this section must be satisfied as of the date a complete application for a general business license, development plan review, or a building permit is submitted to the City, whichever occurs first.
C. Enforcement.
1. Separate Offense for Each Day. Any person who knowingly violates any provision of this section shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.
2. Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this section shall be and is hereby declared a public nuisance and may be abated by the City.
3. Criminal Penalties. Any person who knowingly violates, causes, or permits another person to violate any provision of this section commits an infraction. Any person convicted of an infraction shall be subject to a fine to the maximum amount permitted by State law. Any person twice convicted of an infraction for repeat violations of the same provision within a one (1) year period may be charged with a misdemeanor upon being issued a citation for the repeated violation of the same provision. Any person convicted of a misdemeanor shall be subject to punishment to the maximum permitted by State law.
Pursuant to Cal. Gov’t Code § 36900(a), the City Attorney may prosecute these violations in the name of the people of the State of California.
4. Civil Injunction. The violation of any provision of this section shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.
5. Administrative Penalties. In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this section may be subject to administrative penalties, as set forth by City ordinance. [Ord. 24-002 § 5 (Exh. A).]
18.19.060 Alcoholic beverage sales (off-sale).
Conditional use permit approval is required for any use involving the sale of alcoholic beverages under an off-sale license for any use other than food and beverage sales. [Ord. 24-002 § 5 (Exh. A).]
18.19.070 Community and market gardens.
Community and market gardens shall be located, developed, and operated in compliance with the following standards:
A. Management. A manager shall be designated for each garden who shall serve as liaison between gardeners, property owner(s), and the City.
B. Hours of Operation. Gardens shall only be tended between dawn and dusk unless additional hours are approved pursuant to an administrative use permit.
C. Buildings and Structures. Accessory buildings, such as sheds, greenhouses, and hoophouses are allowed and shall comply with the property development standards of the district in which it is located.
D. Equipment. Use of mechanized farm equipment is prohibited except as provided below or approved pursuant to an administrative use permit.
1. Heavy equipment may be used initially to prepare the land for gardening.
2. Landscaping equipment designed for household use is permitted.
E. Maintenance.
1. The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, etc., in a timely manner.
2. Soil amendments, composting, and waste material shall be managed and shall not attract nuisance flies or support growth of flies.
F. Composting.
1. Compost and compost receptacles shall be located so as not to be visible from a public right-of-way.
2. Compost and compost receptacles shall be set back a minimum of twenty (20) feet from residential structures.
3. In residential districts, composting is limited to the materials generated on site and shall be used on site.
G. Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.
H. Produce Stands. Produce stands are permitted on the site of a community or market garden subject to the following regulations:
1. Maximum Size. Limited to one hundred twenty (120) square feet unless a larger size is approved pursuant to an administrative use permit.
2. Sales. Product sales are limited to produce grown on site.
3. Hours of Operation. Operating hours for produce stands are limited to 8:00 a.m. to 7:00 p.m. [Ord. 24-002 § 5 (Exh. A).]
18.19.080 Emergency shelters.
Emergency shelters shall be located, developed, and operated in compliance with the following standards:
A. Location. An emergency shelter shall not be established or operated at any location less than three hundred (300) feet from another emergency shelter.
B. Staffing. A minimum of one (1) staff member shall be awake and on duty, plus one (1) additional staff or volunteer, on premises when the facility is open. Facility staff shall be trained in operating procedures and safety plans. The facility shall not employ persons who are required to register as a sex registrant under Cal. Penal Code § 290.
C. Hours of Operation. Each emergency shelter shall establish and maintain set hours of operation for client intake and discharge. These hours shall be clearly displayed at the entrance to the emergency shelter at all times.
D. Waiting and Reception Area.
1. A staffed reception area shall be located near the entry to the facility.
2. For facilities with on-site client intake, an enclosed or screened waiting area must be provided within the premises for clients and prospective clients to ensure that public sidewalks or private walkways are not used as a queuing or waiting area.
3. The intake and waiting area shall be suitably sized to prevent queuing in the public right-of-way or within any parking lot, but shall occupy a minimum area of four hundred (400) square feet.
E. Length of Stay. Each emergency shelter resident shall be allowed to stay for no more than one hundred eighty (180) days (cumulative, not consecutive) in a three hundred sixty-five (365) day period. [Ord. 24-002 § 5 (Exh. A).]
18.19.090 Employee housing (for farmworkers).
A. Six (6) or Fewer Employees. Employee housing providing accommodations for six (6) or fewer employees shall be deemed to be a single-unit structure with a residential land use, and shall be treated the same as a single-unit dwelling of the same type in the same zoning district.
B. Districts Where Agriculture Uses Are Allowed. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use. [Ord. 24-002 § 5 (Exh. A).]
18.19.100 Farmers’ markets.
Farmers’ markets located on private property shall be located, developed, and operated in compliance with the following standards:
A. Management Plan. A management plan shall be prepared and provided to the Director. The management plan shall include the following:
1. Identification of a market manager or managers, who shall be present during all hours of operation.
2. A set of operating rules addressing the governance structure of the market; the method of assigning booths and registering vendors; hours of operation; maintenance; security; refuse collection; and parking.
B. Hours of Operation. Market activities may be conducted between the hours of 8:00 a.m. and 9:00 p.m. with specific hours and duration to be approved by the City. Setup of market operations cannot begin more than one (1) hour prior to the operational hours of the market and takedown shall be completed within one (1) hour of the close of the market.
C. Waste Disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation, and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris. [Ord. 24-002 § 5 (Exh. A).]
18.19.110 Warehousing, storage, freight/trucking terminals, and distribution facilities.
A. Facilities of at Least One Hundred Fifty Thousand (150,000) Square Feet. For any warehouse, storage, freight/trucking terminal, distribution center, or similar use of at least one hundred fifty thousand (150,000) square feet in size, the project applicant shall be required to identify the amount of sales tax generation and employment that the proposed use would generate. The sales tax and employment projections shall be an application requirement included in the application materials submitted to the City.
B. Minimum Economic Impact. Any warehouse, storage, freight/trucking terminal, distribution center or similar use of at least one hundred fifty thousand (150,000) square feet in size shall be subject to a “minimum economic impact” provided to the City of Dixon.
1. The criteria and definition of “minimum economic impact” shall be established by separate resolution of the City Council and will generally establish: (a) a minimum amount in annual sales tax or other taxes generated by the project and received by the City of Dixon, or (b) a minimum number of part-time and full-time jobs generated by the project.
2. If the project does not meet the minimum economic impact, the project applicant will be required to enter into an agreement with the City of Dixon setting forth terms that provide offsetting benefits to the City of Dixon. This agreement may take the form of a development agreement, or such other form of agreement approved by the City Manager.
3. The City Council may waive the requirement for the project applicant to enter into an agreement with the City of Dixon if it finds that the project provides overriding benefits to the City of Dixon. [Ord. 24-002 § 5 (Exh. A).]
18.19.120 Home occupations.
Home occupations shall be located, developed, and operated in compliance with the following standards:
A. Purpose. The provisions of this section are intended to allow the conduct of home enterprises which are incidental to and compatible with surrounding residential uses.
B. Applicability. This section applies to home occupations in any residential unit in the City regardless of the zoning district. It does not apply to family day care, which is regulated separately.
C. Business License Required. Where applicable, a separate City of Dixon business license is required for each home occupation.
D. Operational Standards. Home occupations shall comply with the following operating standards:
1. Residential Appearance. The residential appearance of the unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted.
2. Location. All home occupation activities shall be conducted completely within the enclosed living space of the residence or accessory structure. If the business is conducted within a garage, the use shall not encroach within the required parking spaces for the residence. The vehicle door to the garage shall remain closed while the business activity is being conducted.
3. Floor Area Limitation. The home occupation shall not occupy an area equivalent to more than twenty-five percent (25%) of the total area of the structure, including the garage.
4. Storage. There shall be no exterior storage of materials, supplies, and/or equipment for the home occupation.
5. Employees. No employees or independent contractors other than residents of the dwelling unit shall be permitted to work at the location of a home occupation except as otherwise allowed for cottage food operations.
6. Client Visits.
a. Clients or customers shall not visit the home occupation between the hours of 10:00 p.m. and 7:00 a.m.
b. There shall be no more than three (3) clients or customers on the premises at any one time.
7. Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, internet, or other mode of electronic communication or except as otherwise allowed for cottage food operations.
8. Equipment. Gasoline and/or diesel powered engines are not allowed, and any mechanical or electrical equipment used in the home occupation shall not use an electrical motor exceeding fifteen (15) amps at one hundred ten (110) volts.
9. Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.
10. Nuisances. A home occupation shall be conducted such that it does not create levels of glare, light, noise, electrical interference, dust, heat, odor, solid waste, vibration, or other characteristics in excess of that customarily associated with similar residential uses.
11. Vehicles. No more than one (1) truck of not more than three-quarter (0.75) ton capacity and no semi-trailers incidental to a home occupation shall be kept on the site.
12. Traffic and Parking Generation. Home occupations shall not generate a volume of pedestrian, automobile, or truck traffic that is inconsistent with the normal level of traffic in the vicinity or on the street on which the dwelling is located or which creates the need for additional parking spaces, or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit.
E. Cottage Food Operations. A cottage food operation is allowed as a home occupation and an accessory use to any legally established residential unit subject to the following standards:
1. Registration. Cottage food operations shall be registered as “Class A” or “Class B” cottage food operations and shall meet the respective health and safety standards set forth in Cal. Health & Safety Code § 114365 et seq.
2. Sales. Sales directly from a cottage food operation are limited to the sale of cottage food products. A cottage food operation shall not have more than fifty thousand dollars ($50,000) in gross annual sales in each calendar year.
3. Operator and Employee Allowed. Only the cottage food operator and members of the household living in the unit, as well as one (1) full-time equivalent cottage food employee, may participate in a cottage food operation.
4. Equipment. Cottage food operations may employ kitchen equipment as needed to produce products for which the operation has received registration; provided, that equipment would not change the residential character of the unit, result in safety hazards, or create smoke or steam noticeable at the lot line of an adjoining residential property. Venting of kitchen equipment shall not be directed toward neighboring residential uses.
F. Prohibited Home Occupations. The following specific uses, either by operation or nature, are not incidental to or compatible with residential activities and shall therefore not be permitted as home occupations:
1. Adult-oriented businesses;
2. Animal services;
3. Automobile/vehicle sales and services;
4. Contractor shop;
5. Eating and drinking establishments;
6. Hotels and motels;
7. Hospitals and clinics;
8. Personal services;
9. Storage, sale, or use of explosive, guns, ammunition, or flammable or hazardous materials; and
10. Any use not authorized by the Fire Chief. [Ord. 24-002 § 5 (Exh. A).]
18.19.130 Outdoor dining and seating.
Outdoor dining and seating shall be located, developed, and operated in compliance with the following standards:
A. Applicability. The standards of this section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public right-of-way is subject to an encroachment permit issued by the Engineering Department.
B. Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same lot.
C. Review Required.
1. Design Review. Design review pursuant to Chapter 18.23 DMC, Design Review, is required for all outdoor dining and seating.
2. Administrative Use Permit. Administrative use permit approval is required for all outdoor dining and seating areas located within fifty (50) feet of a residential district.
D. Hours of Operation. The hours of operation are limited to the hours of operation of the associated eating and drinking establishment.
E. Parking. Where an outdoor dining and seating area occupies less than five hundred (500) square feet, additional parking spaces for the associated eating and drinking establishment are not required. Parking shall be provided according to the required ratio in Chapter 18.16 DMC, Parking and Loading, for any outdoor dining and seating area exceeding five hundred (500) square feet.
F. Litter Removal. Outdoor dining and seating areas shall remain clear of litter at all times. [Ord. 24-002 § 5 (Exh. A).]
18.19.140 Supportive and transitional housing.
A. Supportive and Transitional Housing, Generally. Pursuant to Cal. Gov’t Code § 65583(c)(3), transitional and supportive housing constitutes a residential use and is subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.
B. Supportive Housing, up to Fifty (50) Units. Pursuant to Cal. Gov’t Code § 65651, supportive housing development with up to fifty (50) supportive housing units shall be permitted by right in all zoning districts where multifamily and mixed-use residential development are permitted provided the development satisfies all of the following requirements:
1. All supportive housing units within the development are subject to a recorded affordability restriction for fifty-five (55) years.
2. One hundred percent (100%) of the units, excluding managers’ units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this subsection, “lower income households” has the same meaning as defined in Cal. Health & Safety Code § 50079.5.
3. At least twenty-five percent (25%) of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve (12) units, then one hundred percent (100%) of the units, excluding managers’ units, in the development shall be restricted to residents in supportive housing.
4. The developer shall provide the information required by Cal. Gov’t Code § 65652 to the Planning Division.
5. Nonresidential floor area shall be used for on-site supportive services in the following amounts:
a. For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for on-site supportive services.
b. For a development with more than twenty (20) units, at least three percent (3%) of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
6. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in Cal. Gov’t Code § 65915(c)(3).
7. Units within the development, excluding managers’ units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
8. Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
a. The owner demonstrates that it has made good faith efforts to find other sources of financial support.
b. Any change in the number of supportive service units is restricted to the minimum necessary to maintain project’s financial feasibility.
c. Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units. [Ord. 24-002 § 5 (Exh. A).]
18.19.150 Telecommunication facilities.
A. Applicability and Exemptions. The requirements of this section apply to all telecommunication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following facilities are exempt:
1. Accessory facilities as follows:
a. Licensed amateur (ham) radio and citizen band operations.
b. Handheld, mobile, marine, and portable radio transmitters and/or receivers.
c. Emergency services radio.
d. Radio and television mobile broadcast facilities.
e. Antennas and equipment cabinets or rooms completely located inside of permitted structures or behind, and completely screened by, parapets or other roof elements.
f. A single ground- or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this code, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:
(i) Residential Districts. A satellite dish that does not exceed forty (40) inches in diameter and is for the sole use of a resident occupying the same residential parcel is permitted anywhere on a lot in the residential district so long as it is affixed to the interior side or rear of a structure, the rear half of the roof of the primary dwelling or garage, or is ground-mounted outside of required front or street side setbacks. Such an antenna may be mounted on a mast provided the overall height of the antenna and its supporting mast does not exceed a height of twelve (12) feet above the roofline.
(A) The Director may, without public notice or hearing, grant a waiver from the above standards if application of the standards:
(1) Unreasonably delays or prevents use of a satellite antenna;
(2) Unreasonably increases the cost of the installation, maintenance or use of a satellite antenna; or
(3) Precludes a person from receiving or transmitting an acceptable quality signal from an antenna subject to the standards of this section.
(ii) Nonresidential Districts.
(A) Satellite Dish Eighty (80) Inches or Less. A satellite dish that does not exceed eighty (80) inches in diameter located anywhere on a lot outside of required setbacks provided the satellite dish does not exceed thirty (30) feet in height. If the dish is roof-mounted, it shall be located as far away from the edges of the roof as possible.
(B) Satellite Dish Greater Than Eighty (80) Inches. A satellite dish that is greater than eighty (80) inches in diameter that is not located within a required setback and is screened from view from any public right-of-way and residential district.
(iii) Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.
2. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.
3. Minor modifications to existing wireless facilities, including replacement in-kind or with smaller or less visible equipment, that meet the standards set forth in this section and will have little or no change in the visual appearance of the facility.
4. Facilities located on City-owned property.
B. Permit Requirements. At the sole discretion of the Director, technical information submitted as part of a project application may be referred to a technical professional retained by the City to provide independent peer review of information for consistency with the requirements of this chapter. The applicant shall pay the reasonable actual cost and a reasonable administrative fee for hiring a technical professional to provide peer review.
1. Co-Located Facilities. Permitted by right when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007, and an environmental impact report was certified, negative declaration or mitigated negative declaration was adopted, or an exemption was issued for the wireless telecommunication co-location facility in compliance with the California Environmental Quality Act and the co-location facility incorporates required mitigation measures specified in any applicable environmental impact report, negative declaration, or mitigated negative declaration.
2. Public Uses and Property. Permitted by right when located on public property and/or located in public uses or the parcel on which a public use is located.
3. Stealth Facilities.
a. Nonresidential Districts. Stealth facilities in which the antenna and the support equipment are hidden from view in a structure or concealed as an architectural feature are permitted in all nonresidential districts subject to administrative use permit approval.
b. Residential Districts. Stealth facilities in which the antenna and the support equipment are hidden from view in a structure or concealed as an architectural feature are permitted in residential districts subject to design review and conditional use permit approval.
4. Nonstealth Facilities. Permitted in nonresidential districts subject to design review and conditional use permit approval.
C. Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located:
1. Location and Siting.
a. No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within one thousand (1,000) feet of another freestanding facility, unless appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible, and mounting on a building or co-location on an existing pole or tower is not feasible.
b. All wireless telecommunication facilities shall meet the building setback standards of the district in which they are to be located, or be set back a minimum of ten (10) feet from the property line, whichever results in the greater setback.
c. When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The Director may require co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this section.
d. When determined to be feasible and consistent with the purposes and requirements of this section, the Director shall require the applicant to make unused space available for future co-location of other telecommunication facilities, including space for different operators providing similar, competing services.
2. Support Structures. Support structures for telecommunication facilities may be any of the following:
a. An existing nonresidential building.
b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, lattice towers, and flagpoles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.
c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility. The term “functioning” as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.
d. Existing publicly owned and operated monopole or a lattice tower exceeding the maximum height limit.
e. A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for co-location of at least one (1) other similar communications provider.
f. A monopole mounted on a trailer or a portable foundation if the use is for a temporary communications facility.
3. Height Requirements. Telecommunications facilities may exceed the height limit of the base zoning district in which it is located a maximum of fifteen (15) feet unless additional height is specifically allowed pursuant to design review and conditional use permit approval.
4. Design and Screening. Telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.
a. Stealth Facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed analysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.
b. Other Facility Types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: facade-mounted, roof-mounted, ground-mounted, and freestanding tower or monopole. A proposal for a new ground-mounted or freestanding tower shall include factual information to explain why other facility types are not feasible.
c. Minimum Functional Height. All freestanding antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location.
d. Camouflage Design. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.
e. Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area.
f. Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way.
g. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
h. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.
5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.
a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.
b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.
6. Radio Frequency Standards, Interference, and Noise.
a. Radio Frequency. Telecommunication facilities shall comply with Federal standards for radio frequency emissions and interference. Failure to meet Federal standards may result in termination or modification of the permit.
b. Interference. Telecommunications facilities shall not interfere with public safety radio communications.
c. Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall comply with DMC 18.17.110, Noise. Backup generators shall only be operated during power outages and/or for testing and maintenance purposes Monday through Friday between the hours of 9:00 a.m. and 4:00 p.m.
7. Co-Location. The applicant and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in co-locating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
a. All facilities shall make available unused space for co-location of other telecommunication facilities, including space for those entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require the applicant to obtain a third-party technical study at applicant’s expense. The City may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
b. All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.
c. No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet Federal standards for emissions.
d. Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.
8. Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.
a. At least one (1) hour fire resistant interior surfaces shall be used in the construction of all buildings.
b. The exterior walls and roof covering of all aboveground equipment shelters and cabinets shall be constructed of materials rated as nonflammable in the building code.
c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
d. Openings in all aboveground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.
9. Surety Bond. As a condition of approval, an applicant for a building permit to erect or install a telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to the City Attorney to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.
D. Required Findings.
1. General Findings. In approving a telecommunication facility, the decision-making authority shall make the following findings:
a. The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;
b. The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower or to accomplish co-location;
c. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
d. The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible.
2. Additional Findings for Facilities Not Co-Located. To approve a telecommunication facility that is not co-located with other existing or proposed facilities or a new ground-mounted antenna, monopole, or lattice tower the decision-making authority shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:
a. Would have more significant adverse effects on views or other environmental considerations;
b. Is not permitted by the property owner;
c. Would impair the quality of service to the existing facility; or
d. Would require existing facilities at the same location to go offline for a significant period of time.
3. Additional Findings for Setback Reductions. To approve a reduction in setback, the decision-making authority shall make one (1) or more of the following findings:
a. The facility will be co-located onto or clustered with an existing, legally established telecommunication facility; and/or
b. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.
4. Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable Federal or State law.
E. Vacation and Removal of Facilities. The service provider shall notify the Director of the intent to vacate a site at least thirty (30) days prior to the vacation. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within sixty (60) days of discontinuation of the use and the site shall be restored to its original, preconstruction condition. [Ord. 24-002 § 5 (Exh. A).]
18.19.160 Temporary uses.
This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.
A. Applicability. The provisions of this section apply to temporary uses on private property. Temporary uses on public property require a special event permit from the City. Temporary uses in the public right-of-way require an encroachment permit from the Engineering Department.
B. Business License Required. Where applicable, a separate City of Dixon business license is required for each vendor.
C. Temporary Uses Not Requiring a Use Permit. The following types of temporary uses may be conducted without a use permit. Other permits, such as building permits, may be required.
1. Fireworks Stands. Any fireworks stand within the City shall require an operational permit for explosives issued by the Dixon Fire Department, subject to the standards contained in the fire code and local fire amendments along with the zoning standards provided below.
a. No zoning permit is required; all review and standards will be established by the explosive operational permit issued by the Fire Department.
b. All retail sales of safe and sane fireworks shall be permitted from within a temporary fireworks stand only. The retail sale of fireworks from any other building or structure is prohibited.
c. No fireworks stand may be erected before June 23rd, or by any person not affiliated with a nonprofit organization to which a fireworks sales permit has been issued.
d. Fireworks stands must be located on lots that have an all-weather surface and adequate off-street parking to meet the requirements of any existing use or uses as well as the fireworks stand.
e. Fireworks stands are permitted only in the following zoning districts:
(i) Neighborhood commercial (CN).
(ii) Service commercial (CS).
(iii) Regional commercial (CR).
(iv) Corridor mixed use (CMX).
(v) Light industrial (IL).
(vi) General industrial (IG).
f. Fireworks stands shall not be located closer than three hundred (300) feet apart, unless separated by a major arterial roadway.
g. Fireworks stands shall comply with current adopted National Fire Protection Association Standard NFPA 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles.
h. Fireworks stands shall not be located within twenty-five (25) feet of any other building or structure.
i. No fireworks shall be located within one hundred (100) feet of a location where gasoline or any other flammable liquids are stored or dispensed.
j. All weeds or other vegetation and combustible material shall be cleared from the location of the fireworks stand, up to a distance of at least twenty-five (25) feet surrounding the fireworks stand.
k. No later than July 10th of each calendar year, each fireworks stand shall be completely removed and the premises upon which it was located shall be cleared of all debris and restored to the condition it was in prior to the establishment of the fireworks stand.
l. Fireworks stands shall be permitted to have no more than two (2) double-sided signs with a maximum area of sixty-four (64) square feet per side. All such signs shall be located on the same site as the fireworks stand they identify or advertise. Signs may not be placed in such a manner as to interrupt the normal flow of vehicle or pedestrian traffic or to cause any sight distance problems for such traffic. Placement of such signs shall be subject to the review and approval of the Fire Chief, the Community Development Department and the Police Department. In no case shall the sign placement interfere with traffic or any other safety-related concern. The above-described signs may be displayed from June 23rd through the end of sales on July 4th.
2. Yard/Garage Sales. Sales of personal property conducted by a resident of the premises with a maximum term of two (2) consecutive days and occurring no more than two (2) times in any six (6) month period.
3. Nonprofit Fund Raising. Fund raising activities by tax exempt organizations pursuant to Section 501(c) of the Federal Revenue and Taxation Code are allowed in nonresidential zones with no limitation on the number of occasions and duration where there is no disruption to the normal circulation of the site; encroachment upon driveways, pedestrian walkways, or required parking or landscaped areas; obstruction to sight distances; or other created hazard for vehicle or pedestrian traffic.
4. Temporary Construction Office. On-site temporary construction offices during the period of construction. The temporary construction office shall be removed or converted to a permitted use prior to issuance of a certificate of use and occupancy for the main building or buildings.
5. Sales Offices and Model Homes. Model homes with sales offices and temporary information/sales offices in new residential developments, subject to the following requirements:
a. Minimum Size of Residential Development. The residential development area shall be five (5) acres or more in size.
b. Location. Model homes and sales offices shall be located a minimum of two hundred (200) feet from any existing residential dwelling outside the subdivision.
c. Time Limits.
(i) Temporary Sales Office. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six (6) months or completion of the first phase of the development, whichever occurs first.
(ii) Model Homes. Model homes may be established and operated for a term period of three (3) years or until completion of the sale of the lots or units, whichever comes first.
d. Type of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots or units within the development.
e. Return to Residential Use. Prior to the sale of any of the model homes as a residence, any portion used for commercial purposes shall be converted to its intended residential purpose.
D. Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 18.25 DMC, Temporary Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the temporary use permit process to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.
1. Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins, and similar items may be permitted in accordance with the following standards. This subsection is only applicable to temporary seasonal sales that are not in conjunction with an existing business and are not applicable to farmers’ markets or the sale of fireworks.
a. Location. Seasonal sales are limited to nonresidential zoning districts.
b. Time Period.
(i) Seasonal sales associated with holidays are allowed up to a month preceding and one (1) week following the holiday.
(ii) The subject lot shall not be used for seasonal sales more than three (3) times within the calendar year.
c. Display.
(i) Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required parking or landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
(ii) All items for sale, as well as signs and temporary structures, shall be removed within fourteen (14) days after the end of sales, and the appearance of the site shall be returned to its original state.
2. Agricultural Produce Stands. Agricultural produce stands subject to the following regulations:
a. Location. Agricultural produce stands are limited to the RL, CS, and CR districts.
b. Maximum Size. Limited to one hundred twenty (120) square feet unless a larger size is approved pursuant to an administrative use permit.
c. Sales. Product sales are limited to produce and value-added products grown and produced within the City of Dixon or Solano County.
d. Duration. The temporary use permit shall identify the maximum duration of the agricultural produce stand, which shall be no more than ninety (90) days.
e. Removal. Agricultural produce stands shall be dismantled and removed from the site with five (5) days of expiration of the temporary use permit authorizing the agricultural produce stand.
3. Special Events. Short-term special events may be permitted in accordance with the following standards:
a. Location. Events are limited to nonresidential zones.
b. Number of Events. No more than six (6) events at one (1) site, or two (2) events per business, whichever is greater, shall be allowed within any twelve (12) month period.
c. Duration. The maximum duration of a single event is five (5) consecutive days, with a minimum of fourteen (14) days between each event.
4. Mobile Food Service. Mobile food service carts, trailers, vehicles, and/or similar temporary, portable, or mobile structures or vehicles may be permitted in accordance with the following standards:
a. Vehicle Attendance and Storage. Vehicles shall not be left unattended at any time, or be left on site when inactive, or stored overnight.
b. Duration. No lot may have a mobile food service on site for more than thirty (30) days total in any twelve (12) month period unless authorized through an administrative use permit.
c. Displaced Parking. Mobile food service may displace up to three (3) required nonresidential parking spaces for a maximum of four (4) hours per day per parking lot; provided, that no more than ten percent (10%) of the total number of parking spaces on site are displaced. Required parking spaces for an existing nonresidential use may be displaced if the existing nonresidential use is not open during the event.
d. Paving. Mobile food service vehicles shall only be stopped or parked on surface paved with concrete, asphalt, or another surface approved by the Community Development Director.
e. Obstructions. Mobile vendor location and operations, including customers, seating, and equipment, shall not obstruct the right-of-way, sight distances, or otherwise create hazards for vehicle or pedestrian traffic. The location shall comply with applicable accessibility requirements and the Americans with Disabilities Act.
f. Nuisance. Mobile vendors shall be responsible for keeping the area clean of any litter or debris and shall provide trash receptacles for customer use on site. No vendor shall ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within city limits. The use of prohibited or unpermitted signs for mobile food vendors is not allowed.
E. Temporary Uses Requiring an Administrative Use Permit. Other temporary uses that do not meet the standards for temporary uses not requiring a permit or requiring a temporary use permit may be allowed in nonresidential districts with the approval of an administrative use permit so long as they are determined to be temporary in nature and will not unreasonably impair circulation or the operation of other uses in the area or otherwise create significant impacts. [Ord. 24-002 § 5 (Exh. A).]