CHAPTER 2
ZONING
ARTICLE 16. GENERAL PROVISIONS AND EXCEPTIONS
SECTION:
§9175: General Provisions And Exceptions
§9180: Maintenance Of Improvements
§9181: Street Improvements With Development Of Property
§9182: Animals Within The City
§9183: Issued To Emergency Shelters
§9184: Outdoor Sales Establishments
§9185: Area For Collecting And Loading Of Recyclable Materials
§9186: Reasonable Housing Accommodation For Disability
§9175 GENERAL PROVISIONS AND EXCEPTIONS
The regulations specified in this chapter shall be subject to the general provisions and exceptions set forth in this article. (Ord. 793, §2, adopted 1982)
§9176 CERTAIN USES PERMITTED
The following uses may be permitted in the districts mentioned subject to securing a use permit, as provided in this chapter, in each case:
A. Establishment, maintenance, operation and removal of circuses, carnivals, amusement parks, open air theaters, or other similar temporary establishments involving large assemblages of people may be established in isolated or underdeveloped areas of any zoning district.
B. Public or private parking lots for automobiles in any R-1, R-2 or R-3 district which is adjacent to any C-N, C-1 or C-2 district.
C. The removal of minerals, earth and other natural materials in any district.
D. Adult entertainment businesses as defined in section 9278 of this chapter only in zones which do not allow residential development pursuant to the following conditions:
1. Established five hundred feet (500’) from any residential use; and
2. Five hundred feet (500’) from any church, school, park or playground; and
3. No closer than one thousand feet (1,000’) of another such establishment;
4. Windows and doors screened so that the interior of the establishment may not be seen;
5. Signing indicating that no one under the age of eighteen (18) years shall be admitted.
E. Temporary uses for a period not to exceed six (6) months in any district subject to permit renewal at the discretion of the planning commission.
F. Temporary accessory objects placed in the public right of way. Notwithstanding section 6230 of this code, the temporary placement of cafe tables and chairs accessory to an eating establishment and street furniture, such as benches and landscape planters, may be placed proximate to an existing legal use subject to the following: Racks, tables, bins and other merchandise are prohibited, except as part of a civic, patriotic or special event of general public interest taking place within the city, subject to a special events permit, or between twelve o’clock (12:00) noon on Fridays and close of business on Sundays, subject to the following:
1. Placement of any temporary accessory object within any public right of way is prohibited without securing an encroachment permit issued by the public works department, including compliance with insurance requirements and any conditions placed thereon to ensure the public safety and convenience and compliance with this section. Applications for encroachment permits under this section shall be filed with the public works department accompanied by a plot plan sufficient to show the details of the object’s size, height, location and any other information deemed necessary by the planning director or public works director, and application fees established from time to time by resolution of the city council adopted in accordance with the procedures required by law. Notwithstanding any provision of this section, the public works director retains the right to revoke any issued encroachment permit for any object determined to be a nuisance, detrimental to the public safety or convenience, or noncompliant with this section. The placement of all objects shall comply with all requirements and orders of the fire marshal.
2. The location and dimensions of temporary accessory objects shall be coordinated with other elements and shall provide for the safe and unobstructed movement of pedestrians and vehicles and visual attractiveness to the satisfaction of the planning director and public works director and as follows:
a. The location of temporary objects shall maintain a minimum width of five feet (5’) of space on the sidewalk or pedestrian path clear of obstructions caused by trees, hydrants, posts, poles and any other infrastructure or objects, and providing accessibility to site and building entryways, accessible parking and accessible passenger loading zones, and crosswalks. Objects shall not obstruct more than fifty percent (50%) of the width of any sidewalk or pedestrian path that is ten feet (10’) or wider, excluding the strip of land adjacent to the street where sign poles, hydrants and other infrastructure are located.
b. Temporary accessory objects shall be placed adjacent to the building, unless infeasible or an alternative location would be more consistent with this section as specified by an encroachment permit. Objects shall be situated so that neighboring businesses and all legal signs are visible to pedestrians and motorists.
c. Temporary accessory objects shall be located and maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles, and ensure visually impaired pedestrians can detect the object safely. Supporting members should be located within the footprint of the object to prevent tripping; any projection shall be flat and measure no more than one-half inch (0.5") in height above the sidewalk surface. Dome shaped support bases are prohibited. Platforms or sidewalk coverings are prohibited. Temporary accessory objects shall not be secured to trees, hydrants, street signs, or any other infrastructure by any means.
3. Temporary accessory objects shall be removed during hours that the business is not open to the public, with the exception of landscape planters or other approved encroachments that are consistent with the provisions of this section as determined by the planning director and too heavy or not reasonably feasible to move each day as determined by the public works director.
4. Temporary accessory objects shall at all times present a tastefully designed and well maintained appearance. Furniture and objects placed by the same business shall be visually or thematically similar. Cafe table umbrellas situated so as to not pose a hazard due to tipping or injury are allowed, provided they are of muted solid color, canvas type (no vinyl or plastic) and designed specifically for outdoor patio use. Podiums, heat lamps and service objects are prohibited. Furniture and other objects shall not have any signage, logos, or other commercial representations. All objects shall be maintained in good condition, without visible fading, dents, tears, rust, corrosion, or chipping or peeling paint, and of durable and sufficiently sturdy construction so as to not pose a hazard or blow over with normal winds. Planters must have installed healthy live plants at all times.
5. Deviations from the provisions of this section, excluding the requirement for issuance of an encroachment permit for objects placed in the public right of way, may be allowed pursuant to the approval of a use permit. (Ord. 793, §2, adopted 1982; Ord. 1106, §7, adopted 2008)
§9177 MOBILE HOMES
Mobile homes certified under the national mobile home construction and safety standards act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to:
A. Foundation System: The mobile home shall be attached to a permanent foundation system approved by the city building official and designed and constructed pursuant to section 18551 of the State Health and Safety Code.
B. Utilities: All utilities to the mobile home shall be installed pursuant to city standard practices and policies.
C. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction.
D. Roofing Material: The material of the roof of any building constructed on a residential parcel shall be wood, asphalt or composition shingles, tile or tar and gravel.
E. Siding Material: The material of the exterior siding of any building constructed or located on a residential parcel shall be wood, brick, rock, stucco, or glass.
F. Eaves: The minimum eave overhang for any building constructed on a residential lot shall be two feet.
G. Materials not listed in D and E may be utilized if approved by the City Planning Commission after consideration of the material as an agenda item at a regularly scheduled meeting. (Ord. 793, §2, adopted 1982)
§9178 HEIGHT LIMITS; FENCE HEIGHT LIMITS SET FORTH IN THIS SECTION FOR THE DISTRICTS MENTIONED HEREIN
A. Chimneys, cupolas, flag poles, monuments, radio, steeples and other towers, water tanks, and similar structures in mechanical appurtenance may be permitted in all districts in excess of height limits, provided a use permit is first obtained in each case.
B. Fences and hedges and other screen planting may be erected in any district, subject to the following conditions:
1. Subject to the provisions of subsections B2 and 3 of this section, no fence shall be constructed, and no hedge or other screen planting shall be grown or permitted to grow, exceeding seven feet (7') in height measured from the original grade on the lot.
2. No fence shall be constructed and no hedge or other screen planting shall be grown or permitted to grow, exceeding three feet in height measured from the original grade on the lot, in any required front yard or to the front of any front setback line.
3. Fences exceeding seven feet (7') in height to enclose commercial or industrial uses, or tennis courts, swimming pools, or similar areas, may be erected subject to the obtaining of a use permit therefor. (Ord. 793, §2, adopted 1982; Ord. 1168, §2, adopted 2016)
§9179 YARDS
The following provisions shall apply in the districts where indicated:
A. Architectural features such as cornices, eaves and canopies may extend not exceeding two feet into any required yard.
B. Open porches, landing places, or outside stairways may project not exceeding two feet into any required side yard, and not exceeding six feet (6’) into any required rear yard. Such porches, landing places, or outside stairways, may be roofed, but shall not be enclosed with sides. In the event that a front porch as permitted herein is adjacent to a carport, then the front porch roof may be continued in such a fashion as to include that portion of the carport which extends into the front setback area to the same extent as the front porch roof so extends. This exception shall not be construed as allowing or permitting any carport not attached to a porch roof to encroach upon the front setback area, not to allow or permit any enclosed garage or other building to extend into the front setback area.
C. Whenever an official map or subdivision map setting forth the street right-of-way line has been duly accepted and filed, or whenever a street right of way has been established by an accepted dedication, all building setback lines and required front yards shall be measured from the established street right-of-way line. In the event that no such street right-of-way line has been established, all building setback lines and required front lines shall be measured from the front property line or street line, if such exists or is proposed, whichever is further from any existing or proposed street center line.
In no case shall the provisions of this Chapter be construed as permitting any encroachment upon any street or street right of way.
D. In case an accessory building is attached to the main building, it shall be made structurally a part of and have a common wall or roof with the main building and shall comply in all respects with the requirements of this Chapter, applicable to the main building. Unless so attached an accessory building in an R-1, R-2 or R-3 District shall be located on the rear one-half (1/2) of the lot, and at least ten feet (10’) from any dwelling building existing or under construction on the same lot or any adjacent lot. Such accessory building shall not be located within five feet (5’) of the side property line of the front one-half (1/2) of any adjacent lot or in the case of a corner lot to project beyond the front setback line required on such corner lot.
E. Swimming pools may be located no closer than five feet (5’) to any side or rear property line in a residential zone.
F. On any residential parcel, no motor vehicle over three-forth (3/4) tons, or any boat, trailer or recreational vehicle or motorhome shall be stored or parked in any required setback. (Ord. 793, §2, adopted 1982)
§9180 MAINTENANCE OF IMPROVEMENTS
Any and all improvements, including but not limited to landscaping, lighting, painting, parking lot striping and signing, shall be maintained in good condition. Failure of such maintenance shall constitute a violation of this Code and, in addition, may be declared a public nuisance. (Ord. 793, §2, adopted 1982)
§9181 STREET IMPROVEMENTS WITH DEVELOPMENT OF PROPERTY
Curb, gutter, sidewalk, paving and street trees, as determined by the City Engineer shall be required to be constructed or installed as a condition of approval for:
A. Minor divisions of property, prior to the recording of parcel maps for such divisions;
B. Building permits for new residence or main residential/commercial structure on a parcel upon which the improvements do not exist;
C. Building permits where the permit value is equal to or greater than one-third (1/3) of the value of the existing structure. (Ord. 793, §2, adopted 1982)
§9182 ANIMALS WITHIN THE CITY
A. Hen chickens and rabbits are allowed in any districts subject to:
1. Use permit approval by the Zoning Administrator; and
2. The following conditions:
a. No more than six (6) of any one or combination of such animals on the lot.
b. The minimum lot size shall be six thousand (6,000) square feet developed with no more than a single dwelling unit.
c. Maintained in coops or pens located at a distance of forty feet (40’) or more from the window or door of any adjacent residence or other building used for human habitation.
d. Coops or pens shall be located only on the rear one-third (1/3) of the lot.
e. Coops or pens shall be located no closer than five feet (5’) from the side or rear property line.
B. Roosters, turkeys, ducks, geese and swine are not allowed in any district other than Agricultural Exclusive (AE) and Combining Agricultural (-A)
C. One bee hive per lot is allowed in any districts subject to use permit approval by the Zoning Administrator. (Ord. 807, §2, adopted 1983)
§9183 ISSUED TO EMERGENCY SHELTERS
(Reserved)
§9184 OUTDOOR SALES ESTABLISHMENTS
A. Outdoor Sales Establishments as defined in §9318.01 are permitted in the C-N, Neighborhood Commercial, C-1, Light Commercial, C-2, Highway Commercial and Restricted Industrial and M, Manufacturing Zoning Districts subject to securing a use permit in accordance with §9225 et seq.
1. A use permit for an outdoor sales establishment occurring for no more than thirty (30) days within a twelve (12) month period may be considered by the Zoning Administrator. All other applications shall be heard by the Planning Commission.
B. All Outdoor Sales Establishments shall comply with the following criteria:
1. Parking: Parking shall be designated for a minimum of three (3) automobiles, located off the public right of way with no automobile maneuvering permitted in the public right of way. The use permit may require additional parking, depending on the nature of sales proposed.
2. Signing: A maximum of twenty five percent (25%) of the largest side of the vehicle or structure used in the sales operation. In addition, one sandwich board or "A" frame sign pursuant to §3227A5 of the UMC.
3. Sanitary and water facility needs to be interpreted at issuance of use permit.
4. Business license must be prominently displayed at all times, and operator must have proof of Board of Equalization Sales Permit. (Ord. 862, §1, adopted 1986)
§9185 AREA FOR COLLECTING AND LOADING OF RECYCLABLE MATERIALS
All new development and certain remodels in commercial, industrial, residential (other than single-family and duplexes) projects shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials, in addition to trash collection facilities, in compliance with the following requirements:
A. New construction, or expansion of a commercial, industrial, or multiple-family residential project which adds thirty percent (30%) or more to the existing floor area of the structure within the same calendar year, shall provide adequate, accessible, and convenient areas for collecting and loading of trash and recycling materials.
B. Site plans for the project shall identify trash and recyclable storage areas including the individual and specific collection bins which will accommodate the trash and recyclables to be generated by the anticipated use of the project. The applicant will address all the recyclable materials currently collected by the city’s franchise waste hauler, if applicable for the project use.
C. Dimensions of the storage area shall accommodate containers consistent with current methods of collection. The exterior trash and recycling storage area may be located on the outside or the exterior of a structure, or in a designated interior area with access, excluding dwelling units or in rear yards and interior side yards. Exterior storage area shall not be located in any required front yard, street side yard, any required parking or landscaped area, or any other area required by code to be constructed or maintained unencumbered.
D. The trash and recycling storage area shall each be accessible to occupants and haulers. If the exterior storage area is located outside or on the exterior of any structure/building, the storage area shall be screened with a minimum six foot (6’) high solid enclosure. In all cases where a parcel or premises is served by an alley, all exterior storage areas shall be directly accessible to such alley.
E. Each trash storage area shall be contiguous and jointly accessible with a recycling storage area, except upon written consent of the planning director in situations where unavoidable circumstances make it impractical to do so, in which case the recycling storage area shall be located as close as possible to the trash storage area.
F. Recycling areas shall be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation, and comply with the following minimum requirements:
1. The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein;
2. The design, construction, and location of recycling areas shall not be in conflict with any applicable federal, state, or local laws relating to fire, building, access, transportation, circulation, safety, or related matter;
3. Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable;
4. Driveways and/or travel aisles shall, at a minimum, conform to local building code requirements for garbage collection access and clearance, including unobstructed access for collection vehicles and personnel;
5. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas;
6. Developments, transportation corridors, and public facilities adjacent to recycling areas shall be adequately protected from any adverse impacts such as aesthetics, noise, odor, vectors, or glare through measures including, but not limited to, maintaining adequate separation, fencing, and landscaping.
G. All designs for exterior trash and recycling storage areas shall be subject to approval by the planning director, following review by the franchise hauler.
H. In the case of severe and exceptional physical space constraints, the project proponent may apply for a variance from this section in the manner prescribed in this code, to be considered by the planning commission. (Ord. 953, §1, adopted 1994)
§9186 REASONABLE HOUSING ACCOMMODATION FOR DISABILITY
A. Request: A request for reasonable accommodation may be made by any person with a disability as defined under the federal fair housing act and California fair employment and housing act, or his/her representative or any entity, when the application of a regulation under this chapter acts as a barrier to fair housing opportunities. In general, a person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. A request for reasonable accommodation may include modifications or exceptions to the regulations, standards, policies and practices for the siting, placement, construction, development or use of housing or housing related buildings, structures and facilities that would eliminate regulatory barriers and provide persons with a disability equal opportunity to housing of their choice.
B. Application Submittal: A request for reasonable accommodation shall be submitted on an application form provided by the director of the department of planning and community development including documentation of the disability and any other information required to make the determinations required by this section.
C. Review Of Application: Applications for reasonable accommodation shall be reviewed by the director of the department of planning and community development or designee, or may be referred to the authority taking action on a concurrent application.
D. Written Determination: The director of the department of planning and community development or designee shall make a written determination within thirty (30) days and either grant, grant with modifications, or deny the request for reasonable accommodation in accordance with the findings below. The written determination for applications submitted for review with concurrent applications may be processed in the manner and time frame for the concurrent application. The written decision to grant or deny an application for reasonable accommodation shall be consistent with the federal fair housing act and California fair employment and housing act ("the acts") and shall be based on the following factors:
1. Whether the housing that is the subject of the request will be used by an individual with a disability as defined under the acts.
2. Whether the request for is necessary to make specific housing available to an individual with a disability as defined under the acts.
3. Whether the request would impose an undue financial or administrative burden on the city of Ukiah, or require a fundamental alteration in the nature of a city program or law.
4. Whether the request would pose impacts to surrounding uses.
5. Whether the request is based on the attributes of the property and structures.
6. Whether alternative reasonable accommodations that may provide an equivalent level of benefit could be undertaken.
In granting an application for reasonable accommodation, the director may impose any conditions of approval relating to the findings above as deemed practical and necessary including, but not limited to, restoration of the property to its former condition and recording in the office of the county recorder notice thereof.
E. Appeal Of Decision: The decision of the director may be appealed in the same manner as any appeal from the determination of the zoning administrator regarding minor discretionary planning permits in article 20 of this chapter. (Ord. 1110, §1, adopted 2008)