Chapter 17.34 SPECIAL PROVISIONS

All regulations specified in this title shall be subject to the general provisions, conditions and exceptions contained in this chapter. (Ord. 186, 2003)

17.34.020 Temporary structures.

A. A “temporary structure” means a building or structure to be utilized for a permitted use applicable to a parcel of land, which will remain upon the parcel for a period not to exceed 12 months.

B. A conditional use permit for any such temporary structure shall be required in accordance with procedures set forth in Chapter 17.36 EMC; provided, that any noncomplying aspects of the temporary structure shall only be approved by the city council if it makes the findings as required by EMC 17.36.040. (Ord. 186, 2003)

17.34.030 Home occupations.

A. The city of Etna recognizes the need for its citizens to use their place of residence for some limited activity other than as a residence. However, the city believes that the need to protect the residential integrity of its living areas is of paramount concern. A home occupation permit is the method used to allow and to control activity within the city’s residential districts.

B. In essence, the objective of a home occupation permit is to allow a limited commercial-type activity in a residential area only to the extent that, to all outward appearance, no neighbors or passersby will be aware of the activity. In practice, a home occupation permit gives the permittee the legal right to use his/her residence for a business phone and business mailing address, but not to the extent that excessive foot and automobile traffic are generated.

C. In cases where the city council decides that the proposed use may not conform with the subject guidelines, the city council may, but is not obliged to, issue a temporary approval for a specific time period, not to exceed 12 months.

D. Home occupation permits may be reviewed annually prior to issuance of a business license.

E. A “home occupation use permit,” which allows the operation of a business in a home located in a residential zone, may be issued by the city, without the necessity of public notice, a public hearing, or city council action, upon a finding that the following conditions exist:

1. The proposed business activity involves only the use of telephone and mail at the subject premises;

2. The business does not involve shipping, receiving, repackaging, or the storage of any materials on the subject premises;

3. The business will not employ any persons at the subject premises who do not occupy the same as their residence;

4. No signage will be utilized at the subject site;

5. No customers, clients, patients, salespersons, or other persons will be visiting the subject premises in connection with the business;

6. There will be no other indications of business activity visible to neighbors or to the public, at the subject site, resulting from the use;

7. There will not be any other significant negative impact upon the environment, public safety, or public welfare;

8. Any person who is denied a home occupation use permit by the city pursuant to subsection (A) of this section may apply to the city council for the same;

9. Any home occupation not consistent with these provisions may only be authorized by the approval of a conditional use permit. (Ord. 186, 2003)

17.34.040 Dish-type antennas.

A. No person shall install, either as owner or agent, or employee of the owner, or as an independent contractor for the owner, or otherwise, any dish-type communications antenna, any additions thereto or substitution for such antenna, when such antenna exceeds three feet in diameter, unless a site plan review is approved in accordance with the provisions of this section.

1. In any residential zoned district, such antenna shall be treated as an accessory structure and shall comply with height, setback and lot coverage requirements for the zone in which it is located.

2. Within any nonresidential district, the antenna shall be treated as an accessory structure; provided, that the antenna need not be detached from any existing structure. The placement of such antenna shall not reduce any required parking or landscaping. To the extent possible the antenna shall be placed and screened from view of streets and abutting properties.

3. The restrictions as set forth in subsections (A)(1) and (A)(2) of this section shall not be applicable to a licensee pursuant to this chapter or commercial broadcast station, except to the extent that any such conditions may be imposed by the city as a condition for issuance of such site plan review.

4. The applicant shall submit to the city staff a site plan setting forth the location of the proposed antenna, elevation of the proposed antenna, proposed screening, and such other information as may be required by the city. The city may grant said site plan review if it is determined said application together with any conditions complies with the provisions of this section. (Ord. 186, 2003)

17.34.050 Height limits.

A. Spires, chimneys, machinery, communications towers and water tanks may be constructed to a height limit established for the district in which the structures are located.

B. Public utility distribution and transmission lines, and towers and poles for such lines, are allowed in all districts to greater heights than established for the district in which the structures are located. (Ord. 186, 2003)

17.34.060 Fences, walls, hedges and screen planting.

A. No fence, wall, hedge or screen planting of any kind shall hereafter be constructed or grown to exceed six feet in height within the area encompassed by the rear yard setback or the side yard setback to the front yard setback line, nor shall the same exceed four feet in height within the area encompassed by the front yard setback. In M, C-1, C-2 zones an additional two feet above the six-foot height limit is permitted for the purpose of wire security fencing. Fence height shall normally be measured from the natural ground level, provided, however, an alternate measurement may be authorized by the building official if special circumstances exist relating to the property.

B. Fence height in the front yard setback area may exceed four feet in residential zone districts if the fence does not exceed six feet; is at least 80 percent open, and supporting posts are spaced at least eight feet apart. Fences exceeding the four height which do not meet these standards, and chain link fences over four feet in height can only be authorized by approval of a conditional use permit.

C. Notwithstanding the foregoing, as to any corner lot, no such fence, hedge or screen planting shall exceed three feet in height within 35 feet from the property corner adjacent to the intersecting streets unless the owner of such property obtains a use permit for a greater height by a showing that no hazard exists to vehicular or pedestrian traffic. Such permit may be granted by the city, provided all provisions of this code are otherwise satisfied and the council determines no safety hazard is created by the greater height.

D. Decorative columns, post caps or similar features not more than one foot in height may be added on top of fences or walls which adjoin a street or public walkway, or those fences or walls which the city planner determines to be physically detached from an adjoining residential property. Such features would typically not be less than eight feet apart, and must be consistent with the design and materials of the fence or wall.

E. Fences or walls may exceed six feet in height to allow up to two feet of lattice, or material other than lattice that is typically at least 50 percent open to the passage of light and air when viewed horizontally, to be added to the top of a fence or wall in the rear or side yards, and provided the lattice is determined by the city to be substantially open to the passage of light and air and compatible with the design and materials of the fence or wall. (Ord. 186, 2003)

17.34.070 Site plan.

A. The applicant shall submit one print of the site plan to the city when city council review is not required. If city council review is required, 10 prints shall be provided by the applicant. The site plan should be drawn to scale and shall indicate clearly and with full dimensions the information required.

B. Site plan requirements:

1. Exterior boundary lines of the property indicating easements, dimensions and lot size;

2. Label all adjacent streets or rights-of-way;

3. Location, elevations, size, height, dimensions, materials and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and intended to be on the site;

4. Distances between all structures and between all property lines or easements and structures;

5. Any nearby buildings relevant to application;

6. All existing trees on the site giving circumference, type and location and any significant plant material;

7. Any existing significant natural features such as rock outcroppings or watercourses;

8. Location, number of spaces, and dimensions of off-street parking spaces, loading docks and maneuvering areas; indicate internal circulation;

9. Pedestrian, vehicular and service points of ingress and egress; driveway widths and distances between driveways;

10. Proposed landscaping, include diagram, quantity, location, varieties and container size;

11. Proposed grading plan (for sites having over five-foot grade differential) showing direction and path of drainage on, through and off the site; indicate any proposed drainage channels or facilities;

12. Required and existing street dedications and improvements such as sidewalks, curb, gutter and pavement;

13. Note scale (scale: one inch equals 40 feet) and north arrow on plan;

14. Vicinity map indicating nearby cross streets in relation to the site (need not be to scale);

15. The city shall approve, approve with such conditions as are deemed necessary to protect the public health, safety and general welfare, or disapprove the site plan. In approving the site plan, the city or city council shall ascertain that all applicable provisions of this title are complied with;

16. Revisions by the applicant to an approved site plan shall be made pursuant to the initial application procedure set forth in this chapter. (Ord. 186, 2003)

17.34.080 Plan lines.

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 title be construed as permitting any encroachment upon any official plan line. (Ord. 186, 2003)

17.34.090 Yards – Special provisions.

A. Where four or more lots in a block have been improved with buildings, the minimum required front yard for the main buildings shall be the average of the front yards of the improved lots if less than the front yard requirements herein.

B. Architectural features such as cornices, eaves, canopies and porches shall not extend into the required front yard setback and no more than two feet into the side and back yard setbacks.

C. In any parcel of land having an average width of less than 55 feet, which parcel was under one ownership of record on the effective date of the ordinance codified in this title, or is shown as a lot in any subdivision on file in the office of the county recorder on that date and the owner thereof owns no adjoining land, then the width of each side yard may be reduced to 10 percent of the width of such parcel, but in no case to less than five feet.

D. In those instances where the legal description of a parcel may be described from the centerline of the street, or where the front property line is not clear or consistent with others in the neighborhood, the front setback shall be determined by adding 30 additional feet to the front setback as required by the applicable zone district and measuring this combined setback distance from the centerline of the street. If the resultant front setback is greater than the setback existing in the immediate neighborhood, it may be modified pursuant to subsection (A) of this section. (Ord. 186, 2003)

17.34.100 Sales from vehicles, trailers or mobile units, or on public property.

A. Sales of food, beverages and merchandise from vehicles, trailers or mobile units shall be permitted in any district without a use permit, provided such business is conducted in the following manner:

1. Such vehicles, trailers or mobile units shall be parked upon private property with the consent of the property owner.

2. No such vehicle, trailer or mobile unit shall remain upon any such private property for a period in excess of one hour in any 24-hour period unless a conditional use permit is first obtained in the same manner as set forth in subsection (B) of this section.

B. Any person desiring to conduct a business for the sale of food, beverages or merchandise from a vehicle, trailer or mobile unit on public streets or property shall obtain a conditional use permit in accordance with the provisions of Chapter 17.36 EMC. The city council may deny such application for a conditional use permit if the proposed use creates a traffic or safety problem or is detrimental to the health, safety, peace, morals, comfort, and general welfare of the city or its residents. In addition thereto, the city council may impose a condition that the applicant provides insurance in an amount recommended by the city insuring the city against liability arising out of the proposed use.

C. Sales on public streets or property shall not require a conditional use permit pursuant to this section at city-sanctioned celebrations or promotions; provided, however, any such sales shall be conducted at such locations and in such time and manner as may be directed by the city. (Ord. 186, 2003)

17.34.110 Garage sales.

A. Frequency and Duration of Sale. It is unlawful for any person or persons to conduct, cause or permit to be conducted, at the same address, more than two garage sales during any calendar year. No single garage sale shall continue for more than two consecutive days.

B. Property Permitted to Be Sold. It is unlawful for any person or persons to sell or offer to sell at any garage sale any property other than personal property accumulated for personal use by the occupant or occupants residing at the address at which said sale is to be held; provided, however, nothing herein shall prohibit neighbors in the same residential area from conducting a combined garage sale at one specified address.

C. Advertising. It is unlawful to place a sign or other form of advertisement of a proposed garage sale upon any public property within the city. It is unlawful to exhibit a sign or other form of advertisement for more than two days prior to the day said sale is to commence, or to allow such sign to remain after 6:00 p.m. on the termination date of such sale. Two signs only, not exceeding 20 inches by 30 inches in size, may be placed in the front or side yard of the premises where the sale is conducted.

D. Hours of Operation. It is unlawful to conduct a garage sale before 8:00 a.m. or after 6:00 p.m. of any day.

E. Notification Prior to Sale. Prior to conducting any garage sale, any person proposing to conduct a garage sale shall notify the city of Etna, which such notification shall include the following:

1. Name and address of person proposing to conduct garage sale;

2. Location of proposed sale;

3. Date or dates during which the proposed sale is to be conducted.

F. Violation – Penalty. Any person violating any of the provisions of this section is guilty of an infraction with a fine of $50.00 for the first offense, $100.00 for the second offense within one year, and $250.00 for the third offense within one year. Nothing herein shall be construed to prevent the city of Etna from seeking injunctive or other relief which may be necessary to enforce the provisions of this code. (Ord. 186, 2003)

17.34.120 Sale of handcrafted items in residential zones.

A. Sales of handcrafted items on premises in any residential zone shall be permitted pursuant to the provisions of this section.

B. Frequency and Duration of Sale. It is unlawful for any person or persons to conduct, cause or permit to be conducted at the same address any sale of handcrafted items for more than 10 days in any calendar year.

1. Advertising. It is unlawful to place a sign or other form of advertising of any such proposed sale on any public property within the city or upon other property within the city except upon the premises where the sale is to be conduced. It is unlawful to exhibit a sign or other form of advertisement for more than two days prior to the date said sale is to commence or to allow said sign to remain after 6:00 p.m. on the termination day of such sale. Two signs only not exceeding 20 inches by 30 inches in size may be placed in the front or side yard of the premises where the sale is conducted.

2. Hours of Operation. It is unlawful to conduct any such sale before 8:00 a.m. or after 6:00 p.m. of any day.

3. Business License Required. No such sale shall be conducted without previously procuring a daily business license for the day or days the sale is to be conducted.

4. Violation – Penalty. Any person violating any of the provisions of this section is guilty of an infraction with a fine of $50.00 for the first offense, $100.00 for the second offense within one year, and $250.00 for the third offense within one year. Nothing herein shall be construed to prevent the city of Etna from seeking injunctive or other relief which may be necessary to enforce the provisions of this code. (Ord. 186, 2003)

17.34.130 Open space requirements.

A. On each multifamily development of four units or more within any district, whether such development is on a single recorded lot or on two or more adjacent recorded lots, such development shall be provided with usable and accessible open space for the recreation and outdoor living enjoyment of the development’s residents and their guests. Such open space shall not be less than 25 percent of the total parcel area.

B. Open space standards shall be as follows:

1. Open space may be provided in more than one location.

2. To qualify as required open space, such area shall have no area less than 10 square feet and at least 50 percent open to the sky and free of any overhead structural or architectural projections.

3. Open space shall be improved. Improvements may consist of planting areas containing living plant materials, walks, patios, swimming and wading pools, arbors, temporary and removable shade elements, recreation equipment and facilities and such other appurtenances as are appropriate to serve the outdoor living needs of people.

4. Garages, carports, open off-street parking areas, vehicular access driveways, trash enclosures, clothes-drying yards and nonlandscaped areas shall not be included in calculating required open space. (Ord. 186, 2003)

17.34.140 Nonconforming uses.

A. The lawful use of land or buildings existing prior to the adoption of the ordinances codified in this title may be continued, provided no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use on the date of adoption of said ordinance, even though such use does not conform to the regulations herein specified for the district in which such land is located.

B. The nonconforming use of a portion of the building may be extended throughout the building; provided, that a conditional use permit shall first be obtained.

C. If a nonconforming use ceases voluntarily by the owner for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located. (Ord. 186, 2003)

17.34.150 Nonconforming buildings.

A. Nonconforming buildings or structures damaged or destroyed by fire, explosion, earthquake, flooding, or other act to an extent of more than 50 percent of their reasonable value may be restored only if made to conform to all the regulations of the district in which it is located.

B. Nonconforming buildings or structures damaged or partially destroyed by fire, explosion, earthquake, flooding, or other act to an extent of less than 50 percent of their reasonable value may be restored and the use thereof may be continued on condition that the restoration is started within six months and diligently continued to completion; provided, that such nonconforming building or use shall not be enlarged.

C. Reconstruction of Nonconforming Buildings or Structures. Notwithstanding the provisions of subsection (A) of this section, the owner of any nonconforming building or buildings may file an application with the city council for a conditional use permit to reconstruct any building or buildings in the event such building or buildings may be damaged to the extent greater than 50 percent of its reasonable value either before or within six months after any such destruction. The city council may grant a conditional use permit for the construction of such building or buildings if it finds that such reconstruction would not be contrary to the public health, safety, comfort and general welfare and that such reconstruction would be compatible with the properties in the same general area within the same zone.

D. The owner of any nonconforming building or structure may file an application with the city council for a conditional use permit to reconstruct or replace any building or structure in the event such building or structure has deteriorated to the extent that continued occupancy or utilization of building or structure is a threat to the comfort and safety of the occupants of the property. The city council may grant a conditional use permit for the reconstruction or replacement of such building or structure if it finds that such reconstruction would not be contrary to the public health, safety, comfort and general welfare and that such reconstruction would be compatible with the properties in the same general area within the same zone. (Ord. 186, 2003)

17.34.160 Nonconforming parcels.

Any lot or parcel of land, under one ownership and of record on the effective date of the ordinance codified in this title, may be used as a building site even when it has less area or width than required by the regulations for the district in which it is located. A site plan shall be submitted by the applicant to the city clerk who may approve the site plan upon finding that the application otherwise complies with all other provisions of this title. If the city clerk denies the application or imposes conditions unacceptable to the applicant, the application may file the request with the city council who may grant the use if it finds the application otherwise complies with all other provisions of this title. (Ord. 186, 2003)

17.34.170 Conversion of residential garages.

A. The owner of an existing one-family or two-family residential dwelling may apply for a use permit to convert the garage or carport for each such dwelling unit into an area for other residential purposes upon applying for and obtaining from the city a use permit therefor on the following terms and conditions.

1. For each garage space or carport space converted, the owner shall provide one off-street parking space on the subject property and not be located within any required building setback area.

2. Such alternate parking space shall be paved with concrete, asphalt or brick.

3. The design and location of the alternate parking space, together with the access thereto, shall be approved by the city council.

4. Submission by the applicant of such plans for the garage conversion and construction of the parking place as may be required by the building inspector for the issuance of a building permit.

5. Prior to issuing the use permit, the city shall make a finding that other residences in the immediate neighborhood do not have garages and the proposed conversion is consistent with other development in the neighborhood.

B. No work shall commence on any such conversion or on construction of alternate parking prior to the issuance of a use permit by the city and the applicant obtaining a building permit for such construction and conversion and paying the necessary fee therefor. (Ord. 186, 2003)

17.34.180 Accessory structures.

A. Accessory uses and buildings in any C-1, C-2, M, or M-H district may be permitted where such uses or buildings are incidental to and do not alter the character of the premises in respect to their use or purpose permitted in the district. Such accessory buildings shall be allowed only when constructed concurrently with or subsequent to the main building.

B. In case an accessory building is attached to and made structurally a part of the main building, it shall comply in all respects with the requirements of this title applicable to the main building. A garage attached to the main building having its entrance from the side street or cul-de-sac turnaround shall be located at least 20 feet from the sidewalk or 17 feet from property line, whichever is the greater. In the case of a corner lot where there is a key lot abutting the corner lot, accessory buildings shall not project beyond the front yard required on the key lot.

C. Canopy/Aluminum Structures. Canopy, aluminum and similar structures which are not constructed in accordance with the Uniform Building Code are considered structures as defined within this title and shall conform to all required setbacks and height limitations. Such structures may be used to cover vehicles, but they cannot be used to satisfy the covered parking requirements as specified within this title. (Ord. 186, 2003)

17.34.190 Outdoor advertising signs.

A. All outdoor signs in the R-1-10, R-1-12, R-1-2, R-3 and M-H districts shall be unlighted and be wall or ground mounted. If ground mounted, the sign shall not exceed four feet in height.

B. All outdoor signs in the C-1, C-2 and M districts shall either be wall mounted or ground mounted. If ground mounted, the sign shall not exceed four feet in height if located in the front setback area, or not exceeding six feet if the sign is not located in the front setback area. Such signs may be lighted if such lighting is not directed toward a residential zone district.

Any sign not consistent with these standards or the sign area limitations of the zone district may be allowed only by approval of a conditional use permit.

C. Temporary Signs. Real estate signs not exceeding 12 square feet which advertise the sale, rental or lease of the premises upon which they are located are exempt from the provisions of this title, provided there is no more than one such sign per parcel per street frontage. (Ord. 186, 2003)

17.34.200 Mining and removal of minerals and earth – Permit required.

The mining and removal of minerals, earth and other natural materials to be used for commercial purposes may be permitted in any zone providing a use permit and compliance with the Surface Mining and Reclamation Act of 1975 shall first be obtained in each case. A use permit shall not be required for on-site excavation and removal of materials for normal construction or underground facilities, or where such removal is primarily for building site grading and land leveling. (Ord. 186, 2003)

17.34.210 Removal or deposit of minerals or earth – Not in connection with excavation.

Removal or deposit of earth or minerals, other than in connection with excavation or deposits in connection with construction of buildings, roadways, or public of home improvements, may be permitted in any district providing a use permit shall first be obtained in each case. (Ord. 186, 2003)

17.34.220 Second units in single-family and multifamily residential zones.

Repealed by Ord. 220. (Ord. 186, 2003)

17.34.230 Placement of manufactured homes in single-family residential districts.

Pursuant to Government Code Section 65852.3(a), manufactured homes are permitted in residential zone districts as a single-family residence if such manufactured home is placed on a permanent foundation. Said manufactured home is subject to all requirements for a single-family residence in the applicable zone district in which it is proposed to be located. Additionally, each manufactured home shall have a minimum eave overhang of at least 16 inches. Furthermore, any manufactured home proposed within any historic district is subject to the processing, reviews and standards of said district. Any home for which more than three years have elapsed between the date of manufacture of the manufactured home and the date of the application for issuance of a permit to install the manufactured home are prohibited. (Ord. 186, 2003)

17.34.240 Planned developments.

In those situations where a residential development project of at least three acres is proposed when elements of the plan do not meet the precise standards of the applicable zone district (lot size, setbacks, parking, etc.), a planned development may be approved by processing a conditional use permit. Approval of a planned development shall only occur when the following findings can be made:

A. The resulting plan is consistent with the general plan;

B. Proposed open spaces or other benefits resulting from the arrangement of buildings and open space is a substantial benefit to ultimate users;

C. The project as proposed will have no negative effect on the neighborhood; and

D. The uses proposed are those permitted by right or conditional use permit in the applicable zone district. (Ord. 186, 2003)

17.34.260 Garage or carport exception.

When a residence is being constructed or significantly rehabilitated as part of the local Community Development Block Grant program, the standard provision herein for two parking spaces, with one being a garage or carport, shall not be required. Instead, two paved parking spaces shall be required off-street, and there shall be ample room for the construction of a garage or carport meeting all required setbacks, should such be desired in the future. (Ord. 189 § A, 2003)

17.34.270 Portable structures and carports.

A. Carports required herein shall be permanent structures anchored to the ground, and constructed in such a manner that they comply with all structural, foundation, and snow load requirements of the building code.

B. All portable structures or structures made of poles and awning or similar materials which may not otherwise be subject to building code requirements, shall still meet all of the building setback requirements of this title. (Ord. 189 § B, 2003)

17.34.280 Emergency shelters.

A. The maximum number of beds for emergency shelters shall be 15.

B. A written management plan is required for all emergency shelters that includes provisions for staff training, neighborhood outreach, transportation, security, client services, and food services.

C. The maximum term of staying at an emergency shelter is six months in a consecutive 12-month period. (Ord. 216 § 3 (Att. A), 2015)