For the purposes of this title, certain terms, phrases and words are defined as set out in this chapter.

Words used in the singular number include the plural and vice-versa; words used in the present tense include the future tense.

"Accessory building or use" means a building, part of a building, or a use which is subordinate to, and the uses which are conducted therein are incidental to, those of the main building or use on the same lot.

"Alley" means any public thoroughfare for the use of pedestrians or vehicles which affords typically a secondary means of access to abutting property.

"Apartment" means a room or suite of two or more rooms in an apartment house or dwelling which is occupied by one family doing their cooking on the premises. For "apartment house," see "Dwelling, multiple."

"Automobile camp" means land or premises occupied by campers or tourists traveling by automobile or otherwise, or by trailers, tents or moveable or temporary dwellings, rooms or sleeping quarters of any kind, including trailer camps or courts.

"Automobile court" means a group of attached or detached buildings containing individual sleeping or living units, occupied temporarily by automobile tourists or transients, with garage attached or parking space conveniently located for each unit, including tourist courts or motels.

"Automobile wrecking": see "Junkyard."

"Basement" means a story partly underground and having at least one-half of its height above grade. A basement shall be counted as a story if the vertical distance from grade to the ceiling is over six feet or if used for business purposes, or for dwelling purposes by other than a janitor or domestic servants, including the family of the same.

"Block" means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting streets and railroad right-of-way or waterway or unsubdivided acreage.

"Boardinghouse" means a building other than a hotel, containing not more than five sleeping rooms, where lodging and meals for five or more persons are provided for compensation.

"Building" means any structure for support, shelter or enclosure of persons, animals, chattels or property of any kind. "Building" includes "structure."

"Height" of a building means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a sloping roof.

"Main building" means a building in which is conducted the principal use of the lot upon which it is situated. In any residence district any dwelling is the "main building" upon the lot.

"Building site" means a lot or lots under one ownership, or such land area may be required in this title for building purposes.

"Bungalow court": see "Dwelling group."

"Business" or "commerce" means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity or service for profit or livelihood, including office buildings, offices, recreational or amusement enterprises.

"Cellar" means a story wholly or partly underground and having more than one-half of its height below grade. A cellar shall be counted as a story if the vertical distance from grade to the ceiling is over six feet.

"Club" means an association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.

"Court" means an open space, other than a required yard, which is bounded on one or more sides by buildings of a dwelling group, and which provides access to a public street for the dwelling units therein.

"Dwelling group" means two or more detached dwelling buildings occupying a lot in one ownership and facing upon a court or a public street.

"Multiple dwelling" means a building, or portion thereof, occupied as a residence by three or more families living independently of each other, including apartment buildings.

"One-family dwelling" means a detached building occupied by one family exclusively.

"Two-family dwelling" means a building occupied by two families exclusively, living independently of each other.

"Family" means one or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodginghouse or hotel, as defined in this chapter. A family includes the necessary servants.

"Private garage" means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.

"Public garage" means a building other than a private garage used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale.

"Guesthouse" means living quarters within a detached accessory building located on the same premises with the main building, for the use by temporary guests or servants of the occupants thereof, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

"Home occupation" means any use customarily carried on or conducted entirely within a dwelling by the residents thereof, without assistants, which use is clearly incidental to the residential use of the premises and does not change the character thereof.

"Hospital" means a building with diagnostic and therapeutic facilities staffed and equipped to provide various types of care, including but not limited to short-term care in acute medical, surgical or obstetrical services.

"Hotel" means a building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than five sleeping rooms usually occupied singly and no provision is made for cooking in any individual room or suite.

"Industry" means the storage, repair, manufacture, preparation or treatment of any article, substance or commodity whatsoever, including the operation of stables.

"Junkyard" means the use of more than two hundred square feet of the area of any lot or of any portion of the front half of any lot for the storage of junk, including scrap metals or other scrap material, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery.

"Lot" means land occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this title, having not less than the minimum building site area as required in the several districts, and having its principal frontage on a street. "Lot" includes "plot." A "corner lot" is a lot not greater than one hundred feet in width and located at the junction of two or more streets. A "reversed corner lot" is a corner lot which rears upon the side of another lot, whether across an alley or not. All other lots are "interior lots." A "through lot" is a lot, interior or corner, having frontage upon two parallel or approximately parallel streets.

"Lot area" means the total horizontal area included within lot lines, including one-half, but not exceeding ten feet of the width of any alley or portion thereof abutting upon such lot. "Lot width" and "lot depth" mean the average horizontal distances measured between the side lines of the lot, or from the front lot line to the rear lot line, as the case may be. Lot lines are the lines abounding a lot as defined in this section; provided, that in case of doubt the front, side and rear lot lines shall be determined by the planning commission.

"Lot of record" means a parcel of land held in separate ownership as shown on the county assessor's records at the time of the passage of the ordinance codified in this title.

"Mobilehome park" or "trailer park" means any parcel of land comprising a lot or contiguous lots used, designed or intended to accommodate five or more mobile homes or house trailers.

A building, or portion thereof, lawfully existing at the time of the passage of the ordinance codified in this title, which was designed, erected or structurally altered for a use which does not conform to the use regulations of the district in which it is located, or a building which does not conform to all the height or area regulations of the district in which it is located.

"Nonconforming use" means a use which lawfully occupied a building or existed on premises at the time of the passage of the ordinance codified in this title and which does not conform to the use regulations of the district in which it is located.

"Nursing home" or "convalescent home" means a facility providing bed care or convalescent care for one or more persons, exclusive of relatives who require professional nursing care including close medical supervision, professional observation or the exercise of professional judgment, but not serving or admitting persons with mental or communicable diseases and wherein there is no surgery or other similar activities customarily provided in hospitals. Persons suffering from senility or exhibiting such minor symptoms as confusion, loss of memory or disorientation shall not be considered mental patients within the definition of this chapter.

"Occupied" includes "arranged or designed for occupancy" or "intended to be occupied."

"Residential second unit" means an additional living unit on a lot within a single-family zone. A second unit is a self-contained unit with separate kitchen, living and sleeping facilities. A second unit can be created by (A) altering a single-family dwelling to establish a separate unit or (B) adding a separate unit onto an existing dwelling.

"Shall" is mandatory and not directory.

"Stable" means an accessory building in which not more than three horses are kept. A stable with a capacity of more than three horses shall be considered a public stable.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or the ceiling next above it if there is no floor. A "half story" is a story with at least two opposite exterior sides meeting a sloping roof not more than two feet above such floor.

"Street" means a public or private thoroughfare more than twenty feet wide, dedicated as such or condemned for use as such, which affords the principal means of access to abutting property. A "street line" is the boundary line between the street and abutting property.

"Structural alteration" means any change tending to prolong the life of the supporting members of a building, such as bearing walls, columns, beams or girders.

"Structure" means anything constructed or erected and the use of which requires permanent location on the ground, but not including walls or fences less than six feet high, or pergolas, or lath houses or other minor improvements.

"Trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle and used for human habitation or carrying persons.

"Use" means the purpose for which premises or a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained. Any agricultural use of premises in any residence district is a use which is accessory to the use of the premises for residence purpose.

"Yards" means open spaces on the same lot with a building and open and unobstructed from the ground upward, except as otherwise provided in this title. A "front yard" is a yard extending across the front of the lot between the inner side yard lines and measured between the front lot line and either (A) the nearest line of the main building or (B) the nearest line of an enclosed or covered porch. A "side yard" is a yard between the building and the side lot line and extending from the street line to the rear yard and having a width equal to the shortest distance between the building and the side lot line. A "rear yard" is a required yard extending along the rear lot line, not a street line, throughout the entire width of the lot.

There is adopted and established an official district map of the city designated as Exhibit "A" to the ordinance codified in this title and made a part of this section, such map and ordinance being adopted for the general purpose set forth in this title.

In order to classify, regulate, restrict and segregate the use of the land and buildings, and to regulate and restrict the height and bulk of buildings, and to regulate the area of yards, courts and other open spaces about buildings, certain districts are established and certain general regulations are adopted pertaining thereto. The city is divided into districts to be known as follows:

R-1 residence district--one-family;

R-2 residence district--one-family (smaller lots);

R-LD low-density multifamily residential district;

R-GA garden apartment residential district;

R-MD medium-density multifamily residential district;

R-HD high-density multifamily residential district;

R-C-P residential-commercial-profession-al office district;

C-S commercial shopping district;

P-D planned development district;

C-1 neighborhood commercial district;

C-2 general commercial district;

C-M commercial-light industrial district;

M industrial district;

M-1 light industrial district;

M-2 heavy industrial district;

FP floodplain district;

U-H unclassified holding district.

In the event that any territory is amended to the city, such territory shall, as of the effective date of such annexation, be automatically added to the district map and be classed as lying either in the most restrictive residence district or in such other appropriate district or districts as may be determined by official action of the city council to become effective coincident with the effective date of such annexation, until such classification is thereafter changed and amended under the procedure provided in this title.

Where uncertainty exists as to the boundaries of any district on the district map, the following rules shall govern:

Except as otherwise provided in this title, the following shall apply to any district established by this title:

The following uses shall not be deemed "home occupations":

Home occupation permits may be issued by the community development director pursuant to the following procedures:

All home occupation permits issued hereunder shall be subject to the conditions described below. Such proposed uses shall:

The regulations set out in this chapter shall govern in the R-1 residence district--one-family, except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

The following uses are permitted in the R-1 district:

The following uses are permitted in the R-1 district subject to securing a use permit:

The following uses are permitted in the R-1 district subject to the approval of the planning department:

A second residential unit may be added to an existing residence on a single-family lot in the R-1 district provided that the following conditions apply:

Building height in the R-1 district is limited to two stories and not to exceed thirty-five feet.

The minimum lot area for each one-family dwelling and its accessory buildings is sixty-five hundred square feet with a lot width of at least sixty feet; provided, that these limits do not prevent the erection of a dwelling on "lots of record" of less than these dimensions. In no case shall there be more than one dwelling on any one lot.

Minimum yards in the R-1 district:

The minimum yards required in this chapter shall be increased, where necessary, so that in no case the maximum coverage of the main building and its accessory buildings exceeds forty-five percent of the area of the building site.

When the ownership of acreage property located in an R-1 district records a subdivision map of such property for residential development after approval by the planning commission, and if the lots in such subdivision meet the requirements of the R-2, but not the R-1 district as to building site areas, the blocks in such subdivision may be changed to an R-2 district as an adjustment under the provisions of Chapter 17.72. Such adjustment may be initiated either by the owner of the subdivision or by the planning commission.

The regulations set out in this chapter shall govern in the R-2 residence district--one-family except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

The following uses are permitted in the R-2 district:

A second residential unit may be added to an existing residence on a single-family lot in the R-2 district; provided, that the following conditions apply:

Building height in the R-2 district is limited the same as in the R-1 district, as provided in Section 17.09.060.

The minimum lot area for each one-family dwelling and its accessory buildings in the R-2 district is five thousand square feet with a lot width of at least fifty feet; provided, that these limits do not prevent the erection of a dwelling on "lots of record" of less than these dimensions. In no case shall there be more than one dwelling on any one lot.

Minimum yards in the R-2 district:

Land coverage in the R-2 district shall be the same as in the R-1 district, as provided in Section 17.09.090.

The regulations set out in this chapter shall govern in the R-LD low-density multifamily residential district, except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

The low-density multifamily residential district is designed to accommodate single-family, two-family, three-family and four-family dwellings in newly subdivided areas and is not intended for use in areas of the city already developed for urban purposes.

The following uses are permitted in the R-LD district:

The following additional uses are permitted in the R-LD district subject to securing a use permit:

The following uses are permitted in the R-LD district subject to the approval of the planning department:

A second residential unit may be added to an existing residence on a single-family lot in the R-LD district, provided that the following conditions apply:

In areas zoned R-LD the subdivision map shall provide one single-family parcel for each duplex, triplex and fourplex parcel.

Building height in the R-LD district is limited to two stories and not to exceed thirty-five feet.

For the various types of buildings permitted in the R-LD district, the provisions shall be as follows:

Minimum yards in the R-LD district:

The minimum yards required in this chapter shall be increased, where necessary, so that in no case the maximum coverage of the main building and its accessory buildings exceeds forty percent of the area of the building site; except, that the lot coverage may be increased to fifty percent of the area of the building site when two off-street covered parking spaces are provided for each living unit on a duplex, triplex and fourplex lot.

The regulations set out in this chapter shall govern in the R-GA garden apartment residence district, except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

The following uses are permitted in the R-GA district:

The following additional uses are permitted in the R-GA district subject to securing a use permit:

Building height in the R-GA district is limited to two stories and not to exceed thirty-five feet.

For the various types of buildings permitted in the R-GA district the building site area required shall be as follows:

Minimum yards in the R-GA district:

The regulations set out in this chapter shall govern in the R-MD medium-density multifamily residence district, except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

All uses permitted in the R-GA district with the same regulations applicable to the R-GA district.

Building height in the R-MD district is limited the same as in the R-GA district, as provided in Section 17.18.040.

For the various types of buildings permitted in the R-MD district, the building site area required is as follows:

The required front, side and rear yards in the R-MD district shall be the same as in the R-GA district, as provided in Section 17.18.060.

Land coverage in the R-MD district shall be the same as for the R-GA district, as provided in Section 17.18.060.

The regulations set out in this chapter shall govern in the R-HD district, except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

The following uses are permitted in the R-HD district:

The following uses are permitted in the R-HD district subject to securing a use permit:

Building height in the R-HD district is limited to four stories not to exceed sixty feet.

For the various types of buildings permitted in the R-GA district, the building site area required shall be as follows:

The required front, side and rear yards in the R-HD district shall be the same as the R-GA district, as provided in Section 17.18.060.

The minimum yards required in Section 17.24.060 shall be increased where necessary so that in no case the maximum coverage of the main building and its accessory buildings exceeds sixty percent of the area of the lot.

There is established a residential-commercial-professional (R-C-P) district, and the regulations set out in this chapter shall govern in the R-C-P residential-commercial-professional office district except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

The following uses are permitted in the R-C-P district:

The following uses are permitted in the R-C-P district subject to securing a use permit:

Prohibited uses in the R-C-P district include retail and wholesale businesses which involve the sale, processing or repair of materials or goods or the use of equipment other than ordinary office machines. Examples are: drugstore, TV repair shop, printing shop, dry cleaning pick-up station, reducing salon or health studio, commercial recreation facilities and assembly halls. Any uses not specifically permitted are prohibited.

Building height in the R-C-P district is limited to two stories and not to exceed thirty-five feet.

Minimum yards in the R-C-P district:

Lots in the R-C-P district adjacent to a residential zone, upon development for nonresidential purposes, shall be screened with a solid fence of wood, masonry or such other materials as approved by the director of public works, six feet in height for the length of the boundary line between the two districts, excluding the required front yard or street side yard where the property shall be landscaped or screened by a three-and-one-half-foot solid fence of the same material. All fencing erected under this section shall be maintained in good condition.

Signs in the R-C-P district shall be limited to one square foot of sign for each five lineal feet of commercial frontage with the maximum size of any one sign being twelve square feet. The use of neon-type, flashing or moving signs is prohibited.

All nonresidential operations in the R-C-P district shall be conducted within buildings.

Any exterior lighting in the R-C-P district shall be directed away from nearby residential zones.

The regulations set out in this chapter shall govern in the C-S commercial shopping district except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

The district is designed to permit the development of commercial shopping facilities in locations outside the central business district. These regulations are established to guide the development of such facilities in adherence to the following principles: protecting nearby residential areas from disturbances and adverse influences, minimizing the effect of these commercial facilities on the safety and traffic capacity of the adjacent streets, promoting the grouping of commercial facilities rather than extending them in a strip development, encouraging the location of these facilities in accordance with the master plan and requiring prompt and orderly development of these commercially zoned areas.

Only those uses permitted in the C-1 neighborhood commercial district are permitted in the C-S district; except, that a department store, theater with a maximum seating capacity of four hundred and a cocktail lounge when operated in conjunction with a restaurant and opened only during restaurant hours are included as additional permitted uses, and that residential uses of any type are prohibited.

The following uses are permitted in the C-S commercial shopping district subject to securing a use permit:

Buildings in the C-S district shall have a maximum height of two stories or thirty-five feet.

Maximum coverage of the land by buildings in the C-S district is limited to twenty-five percent of the site area, exclusive of streets.

Buildings in the C-S district shall not be located closer than fifty feet to any street property line and not closer than twenty-five feet to any interior property line. Building canopies which are open on three sides may extend into a required yard.

The site shall be sufficient size to accommodate the buildings and provide adequate area for parking, loading and landscaping. The minimum site area shall be two acres, exclusive of streets.

The following design standards apply in the C-S district:

Lots in the C-S district adjacent to residential zones, upon development for nonresidential purposes, shall be screened with a solid fence of wood, masonry, or such material as approved by the director of community development, to a minimum of six feet in height and a maximum height of eight feet for the length of the boundary line between the two districts, excluding the required front yard or street side yard where the property shall be landscaped or screened by a three-and-one-half-foot solid fence of the same material. All fencing erected under this section shall be maintained in good condition.

At the time of application, a plot plan of the proposed development in the C-S district shall be submitted. The plot plan shall show the location and type of all proposed improvements, including size of buildings, types of stores, parking layout, loading areas, driveways, outdoor lights and signs, landscaping and screening features, adjoining streets, and elevation drawing of the proposed development and any other items deemed necessary by the planning commission for the consideration of the proposed development.

Along with the application and plot plan, a statement shall be submitted by the developer indicating the proposed time schedule for the construction of the development. The development may be undertaken in stages and these shall be so indicated. The planning commission may require that the first stage of construction include a reasonable portion of the entire development to insure that the intent of the C-S district is observed.

Upon satisfaction that the proposed development is in accordance with the master plan and with the regulations and intent of this chapter, the planning commission may approve the rezoning and the plot plan and recommend them to the city council for final approval. Upon approval by the city council in accordance with Chapter 17.84, the ordinance shall be adopted and shall make reference to the specific plot plan.

When the developer proposes to commence construction on the first stage of the C-S district development and each subsequent stage, he shall submit the detailed plot plan of the proposed construction to the planning commission for approval. This plot plan shall include those items listed in Section 17.30.100 and any other items the planning commission may have required in the original approval. No public hearing or additional fee shall be required for the consideration of this use permit. Upon approval by the planning commission, a use permit shall be issued for the construction of the development. Minor changes in the location of structures and other details may be permitted by the planning commission in the issuance of a use permit, but no change shall be authorized which violates the spirit or intent of the originally approved plans or the provisions of this title.

One year from the effective date of the ordinance approving the rezoning, the planning commission shall review the progress of the proposed development. If reasonable progress has not been made in the development of the shopping area, the commission may consider action to rezone the property or a portion thereof to its original zoning district.

The specific regulations and the general rules set forth in this chapter shall apply in all P-D zones, except that where conflict in regulations occurs, the regulations specified in this chapter shall apply.

The planned development district is designed to accommodate various types of development such as neighborhood and community shopping centers, grouped professional and administrative office areas, senior citizens' centers, multiple housing developments, commercial service centers, industrial parks or any other use or combination of uses which can be made appropriately a part of a planned development.

In a P-D zone any and all uses are permitted; provided, that such use or uses are shown on the development plan for the particular P-D zone as approved by the city council.

In a P-D zone any and all uses with the exception of a single-family residence on an approved building site and buildings accessory thereto which meet all of the requirements of the R-1 residential district, one-family, shall be permitted after first securing a use permit from the planning commission.

Maximum height and bulk, and minimum setback, yard and parking and loading requirements shall be established for each P-D zone by the development plan as approved by the city council.

No planned development district shall be approved for an area of less than ten acres; except, that an area of two to ten acres may be approved as a planned development district if the following criteria are met:

P-D zones may be established or removed from the zoning map upon the application of a property owner or owners or upon the initiative of the city council or planning commission in accordance with the amendment procedures of Chapter 17.84. No P-D zone shall be adopted unless a development plan has been approved for such P-D zone. Any development in a P-D zone shall be subject to the requirements of this chapter and shall be in conformity with the requirements of the development plan adopted for such P-D zone.

An application for a P-D zone shall be made to the planning commission and shall include and be accompanied by a development plan. The P-D zone when adopted shall become part of the zoning map of the city and the development plan for such P-D zone shall be adopted by resolution.

The development plan shall include:

Each P-D zone shall be numbered, the first adopted being shown on the zoning map as P-D (1) and each zone subsequently adopted being numbered successively.

The regulations set out in this chapter shall govern in the C-1 neighborhood commercial district except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

Building height in the C-1 district is limited to two stories and not to exceed thirty-five feet.

For dwellings in the C-1 district the building site area required shall be the same as in the R-MD residence district; for other permitted types of buildings, the minimum lot size shall be sufficient to provide the yard areas and parking spaces specified in this title for the several types of buildings.

For dwellings the minimum yard provisions for the C-1 district shall be the same as in the R-1 residence district as provided in Sections 17.09.080 and 17.09.090. For all other permitted types of buildings the yard provisions of Section 17.39.050 shall apply. Such minimum yards shall be increased where necessary to provide for the off-street parking space as required by the provisions of Chapter 17.60.

Nonresidential uses in a C-1 district may have erected or grown, a fence, hedge or wall to a maximum height of three and one-half feet in any required yard or street side yard or interior side yard to the depth of the required front yard, or to a maximum height of seven feet in any other required yard. Where a required yard is adjacent to another property classified for residential purposes, fences, hedges or walls may be erected or grown to a maximum height of eight feet, excluding the required front yard or side yard to the depth of the required front yard.

Lots in the C-1 district adjacent to a residential zone, upon development for nonresidential purposes, shall be screened with a solid fence of wood, masonry or such other material as approved by the public works director, six feet in height for the length of the boundary line between the two districts, excluding the required front yard or street side yard where the property shall be landscaped or screened by a three-and-one-half-foot solid fence of the same material. All fencing erected under this section shall be maintained in good condition.

The regulations set out in this chapter shall govern in the C-2 general commercial district except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

The following uses are permitted in the C-2 district:

The following uses are permitted in the C-2 district subject to securing a use permit:

Cardroom, as defined by Section 5.12.010(A) of this code.

The maximum height limits permitted in the C-2 districts shall be the same as those permitted in the residence districts which are immediately adjacent to the C-2 districts, either on the same block or adjacent thereto, except that in the central business area as delineated on the district map the height limit shall be increased to six stories or seventy-five feet.

For dwellings in the C-2 district the building site area required shall be the same as in the R-HD residence district; for other permitted types of buildings, the minimum lot size shall be sufficient to provide the yard areas and parking spaces specified in this title for the several types of buildings.

Lots in the C-2 district adjacent to a residential zone, upon development for nonresidential purposes, shall be screened with a solid fence of wood, masonry, or such other material as approved by the director of community development, to a minimum of six feet in height and a maximum height of eight feet for the length of the boundary line between the two districts, excluding the required front yard or street side yard where the property shall be landscaped or screened by a three-and-one-half-foot solid fence of the same material. All fencing erected under this section shall be maintained in good condition.

The regulations set out in this chapter shall govern in the C-M commercial-light industrial district except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

The following uses are permitted in the C-M district:

The following uses are permitted in the C-M district subject to securing a use permit:

Cardroom, as defined by Section 5.12.010(A) of this code.

Every use in a C-M zone shall be subject to the following conditions:

Building height in the C-M district is limited to six stories not to exceed seventy feet.

The minimum lot area in the C-M district shall be sufficient to provide the yard areas and parking spaces specified in this title for the several types of buildings.

Fences, hedges and walls may be grown or erected to a maximum height of seven feet in any required yard in the C-M district, or to a maximum height of eight feet where the required yard is adjacent to a residential-zone boundary, excluding the required front yard or street side yard to the depth of the required front yard where the fence, hedge or wall may be grown or erected to a maximum height of three and one-half feet.

The regulations set out in this chapter shall govern in the M-1 light industrial district except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

The following uses are permitted in the M-1 district:

In a M-1 zone the following uses are permitted, after first securing a conditional use permit from the planning commission in accordance with the procedures and requirements as set forth in Chapter 17.72:

Building height limit in the M-1 district is seventy feet.

The minimum lot area shall be sufficient to provide the yard areas and parking spaces specified in this title for the several types of building.

Fences, hedges and walls may be grown or erected to a maximum height of seven feet in any required yard, or to a maximum height of eight feet where the required yard is adjacent to a residential-zone boundary, excluding the required front yard or street side yard to the depth of the required front yard where the fence, hedge or wall may be grown or erected to a maximum height of three and one-half feet.

The regulations set out in this chapter shall govern except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

The following uses are permitted in the M-2 district:

In a M-2 zone the following uses are permitted after first securing a use permit from the planning commission. No use permit shall be issued until the planning commission has conducted a public hearing and it has been determined that the public health, safety or general welfare will not be adversely affected:

Building height in the M-2 district is limited to one hundred feet. Additional height is allowed with a use permit.

The minimum building site area required in the M-2 district is sufficient to provide the yard areas and parking spaces specified in this title for the several types of buildings.

Lots adjacent to residential zones, upon development for nonresidential purposes, shall be screened with a solid fence of wood, masonry, or such other material as approved by the director of community development, to a minimum of six feet in height and a maximum height of eight feet for the length of the boundary line between the two districts, excluding the required front yard or street side yard where the property shall be landscaped or screened by a three-and-one-half-foot solid fence of the same material. All fencing erected under this section shall be maintained in good condition.

The Mokelumne River floodplain is defined as those areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled "The Flood Insurance Study for the City of Lodi," dated April 1973, with accompanying flood insurance rate maps and any revision thereto, which are adopted by reference and declared to be a part of this section. Maps and data which reflect this delineation are on file in the office of the director of community development.

Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

All areas within the boundaries of the special flood hazard areas which are also within the city are rezoned to the FP (floodplain) zone.

All areas not within the city but within the boundaries of the special flood hazard area identified by the Federal Insurance Administration through a scientific and engineering report entitled "The Flood Insurance Study for the County of San Joaquin," dated March 1977, and which are also within the city planning area as shown on the Lodi general plan, are prezoned to the FP (floodplain) zone.

No structure or land shall, after the effective date of the ordinance codified in this chapter, be located, extended, converted or altered within FP (floodplain) zoned lands without full compliance with the terms of this chapter, and without having first received a development or construction permit in accordance with the provisions of this title and, for developments requiring use permits, with the provisions of Sections 17.72.040 through 17.72.110. Development permit applications shall be reviewed by the community development director and the requirements of this chapter enforced in accordance with Sections 17.87.030 through 17.87.090.

The following uses are permitted without a use permit where modification or removal of native vegetation, including trees, is not required:

The following uses may be permitted after approval of a conditional use permit by the city and after approval by the State Department of Fish and Game and the Reclamation Board of the state; provided, that as determined by said Reclamation Board, a combination of such uses within the floodplain does not materially increase the flood height of the intermediate regional floodplain; and provided further, that as determined by the State Department of Fish and Game, full mitigation measures will be used to protect and enhance the trees, native plant materials and wildlife in the floodplain, in accordance with good fish and game practices and in accordance with the general standards listed under Section 17.51.090:

In all areas of special flood hazard the provisions set out in Sections 17.51.100 through 17.51.160 are required.

The lowest floor of any residential structure, including garages and accessory buildings, shall be elevated eighteen inches or more above the level of the base flood elevation.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage using methods and practices that minimize flood damage.

New and replacement water and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

New nonresidential structures shall be floodproofed or elevated eighteen inches or more above the level of the base flood.

The storage or processing of materials that are in time of flooding buoyant, flammable or explosive, or could be injurious to human, animal or plant life, is prohibited.

All structures requiring floodproofing shall be so designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads with effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this section are satisfied and a copy of such certification shall be provided to the director of public works and the chief building inspector.

It is the duty of the community development department to:

All records pertaining to the provisions of this chapter shall be maintained in the office of the community development department and shall be open for public inspection.

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made under this chapter.

The regulations set out in this chapter shall govern in the U-H unclassified holding district except as otherwise provided in Chapters 17.57, 17.60 and 17.63.

Permitted uses in the U-H district are as follows:

Accessory uses in the U-H district area as follows:

Conditional uses in the U-H district are as follows:

All uses which are not explicitly permitted in this chapter are prohibited in the U-H district.

The regulations specified in this title shall be subject to the general provisions and exceptions set out in this chapter and Chapters 17.60 and 17.63.

Automobile service stations are permitted in the C-S, C-1, C-2, C-M, M-1 and M-2 districts after first securing a use permit from the planning commission.

The following accessory uses, in addition to those uses specified elsewhere in this title, shall be permitted in any R district, provided that such accessory uses do not alter the character of the premises with respect to their uses for the purposes permitted in such respective districts:

Subject to any other provisions of law, certain types of structures may be built to a greater height than the limit established for the district in which such structures are located; provided, that no such structure in excess of the allowable building height limit shall be used for sleeping or eating quarters or for any commercial purpose other than such as may be incidental to the permitted uses of the main building. Such structures are:

The lot area and dimensions required in any R district shall not be deemed to prevent the erection of a dwelling on any "lot of record" as defined in this title, provided that the ownership of such lot does not include also adjacent lots or portions thereof and did not include such adjacent lots or portions thereof at the time of the establishment of the district in which the dwelling is located.

In districts where duplexes, triplexes, fourplexes, multifamily or group dwellings are permitted (i.e., R-2, single-family; R-LD, residential low-density; R-GA, residential garden apartment; R-MD, residential medium-density; R-HD, residential high-density; R-C-P, residential-commercial-professional office; C-1, neighborhood commercial; and C-2, general commercial), the lot area may be modified to permit the conversion of the parcel to condominium use. However, in no instance shall the total lot area be less than what would normally be permitted for the total number of allowable units, and in no case may the front or rear yards, side yards, abutting adjacent parcels or exterior court areas be less than permitted in the particular district.

Where lots comprising forty percent or more of the frontage in a block have front yards varying in depth not more than six feet, then the minimum front yard required for the remaining lots shall be equal to the average of the front yard depths of such developed lots within the six-foot variation; provided, that this regulation shall not be so interpreted as to require a front yard of more than thirty feet; and provided further, that for a lot, both sides of which are developed with buildings, the front yard need not be more than the average of the front yards of the adjoining lots. In no case shall a garage or carport be located closer than twenty feet to the street property line. Where a building line is officially established in any block, the front yard requirements shall be the distance from the building line established. In cases where no front yard is required in commercial and industrial districts an addition to an existing dwelling for business use may occupy the front yard of the dwelling.

The planning commission may vary or modify minimum front yard requirements at any time prior to actual construction in a given block face when it is found by the commission that such adjustments would provide better development, provided that such adjustments are applied uniformly in any block face throughout the subdivision. Upon such application for variance, the applicant shall file a map with the commission illustrating the requested variance.

For the purpose of side yard regulations any two-family or multiple-family dwelling or dwelling group shall be considered as one building occupying one lot.

The side yards on the street side of corner lots shall be as specified in this title, but in the case of reversed corner lots the side yard on the street side shall be not less than one-half of the front yard required on the lot in the rear of such reverse corner lot; provided, that this regulation shall not be so interpreted as to reduce the buildable width of such a reversed corner "lot of record" to less than twenty-five feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with.

In computing the depth of a rear yard for any building where such rear yard opens on an alley, not exceeding five feet of the width of the alley may be considered as a portion of the rear yard. For corner or reversed corner lots which rear directly upon another lot (not across an alley) the minimum rear yards as specified in this title may be two and one-half feet less than the rear yard required for an interior lot.

In any district other than in any R district the front and side yards for dwellings when located above stores or shops shall be waived, except that any yard required or provided for the store or shop shall be observed in the construction of the upper dwelling, and except as other laws provide otherwise for side yards or courts.

In the case of through lots in any R district no building shall be located in such manner that the rear thereof is closer to either street than forty feet.

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for certain permitted projections into the same, as follows:

The following additional regulations for yards and open spaces shall apply to dwelling groups located on a lot in one ownership:

Such buildings may occupy portions of lots or yards, or may be attached to the main building and the following regulations shall apply to the location on the lot:

Stores, shops or businesses permitted in any commercial or industrial district shall be conducted wholly within an enclosed building unless the specific use and zone permit otherwise. Vehicle sales lots, service stations, parking lots, small recycling collection facilities and those businesses that typically require outdoor storage or activities will be exempt from this requirement.

The following regulations shall apply to the garbage, refuse, and recycling facilities on residential and commercial properties. Placement of such facilities within the public right-of-way is governed by Chapter 12.04 and Section 17.57.180 of this code.

Vehicles which are strictly commercial in nature, such as tow trucks, ambulances, mini-buses, large delivery and/or service trucks, or similar vehicles, which have a gross load capacity greater than one and one-half tons shall not be allowed to park on private property in residential zones unless the vehicle is placed out of public view and located behind the designated front setback line, or for the immediate loading or unloading of goods or people.

The purpose of the parking regulations is to provide for adequate off-street parking for employees, customers, residents and visitors. The parking regulations are also designed to provide adequate ingress and egress, reduce traffic congestion and allow more efficient use of on-street parking.

All buildings or structures which are constructed or moved onto a lot shall provide required off-street parking facilities. The parking requirements shall also apply to all additions made to existing buildings including increases in number of units, or in seating, or in floor area.

New accessory buildings or enlargements of existing buildings into adjacent areas shall be permitted only when at least fifty percent of the parking requirements for the existing buildings are provided as required by this chapter and the complete parking requirement for the new building or enlargement is provided.

No portions of a required parking facility may be built upon with new structures or additions, or utilized for other purposes, unless a substitute parking facility is provided that meets the requirements of this chapter.

Parking facilities required by this chapter shall be paved with a minimum of two inches of asphalt concrete surfacing over compacted subgrade or equivalent and marked in the required number of stalls of ample size with adequate aisles in accordance with the parking design standards as adopted by the city planning commission.

Where unusual circumstances or hardships exist which make compliance with this chapter impossible, the applicant may apply to the planning commission for a variance under the provisions of Chapter 17.72.

The planning commission may grant, with a use permit, the use of any lot in any residential district, where such lot is adjacent to a commercial or industrial district, but to a maximum of one hundred feet therefrom, for off-street parking. The parking must be an accessory use to a permitted business or use and must be for the sole use of customers' or employees' automobiles during normal business hours. No commercial use shall be conducted on the lot. All accessory parking lots shall be fully improved, screened and landscaped as prescribed by the planning commission. In the case of failure to improve or maintain such improvements, permission to use such lots for off-site parking may be revoked by the planning commission and building occupancy withheld until alternate parking facilities are provided.

Whenever a single lot contains several different activities, the overall requirement for off-street parking and loading shall be the sum of the requirements for each such activity calculated separately.

Required parking for industrial or commercial uses is based on the type of use and must be located on the same lot as the activity served or within one hundred feet of the lot served. Residential parking must be located on the same lot as the residential unit.

The number of off-street parking spaces required for each use is as follows:

When the parking requirement is based on the number of fixed seats, each eighteen inches of pews or bench seats and each twenty-four inches of restaurant seating equals one seat. For nonfixed seating, the seating capacity shall be determined by the standards of the Uniform Building Code as adopted by the city. In calculations, if a fraction of one-half or more seat or space is obtained, one additional seat or space shall be required.

The parking requirements for land uses not specified by this chapter shall be determined by the planning commission. Such determination shall be based upon the requirements for the most comparable use specified in these standards.

Commercial and industrial uses shall provide off-street loading areas sufficient for their purpose. The loading areas shall be designed so that vehicles loading and unloading do not encroach on the public right-of way or block on-site driveways and parking spaces.

This chapter applies only to those signs which are located outside of buildings.

The regulations set out in this article apply in all zoning districts.

No sign, sign structure or other advertising display shall be erected, maintained or replaced except as permitted by and in conformity with the provisions of this chapter.

All signs, except as provided in Article VI of this chapter, in violation of the provisions of this chapter shall be made to conform with such provisions or shall be removed by May, 1973 or within five years of the annexation to the city of the property upon which the sign is located, whichever is the later date. All flashing, moving and animated signs existing in the city on the effective date of the ordinance from which this chapter derives require a use permit or shall be removed by May, 1973, or within five years of annexation of the property to the city.

A building permit issued by the building inspector shall be obtained prior to the erection of any sign except as may be specifically exempted in this chapter.

Signs shall conform to the size, location, height and other limitations established for the zone in which they are located except as modified in this chapter.

This chapter does not apply to safety, traffic or other publicly installed signs or signals which are required for the public safety, peace or welfare nor to signs placed for the purpose of informing the public of the existence of underground utilities.

Flashing, moving or animated signs are subject to the issuance of a use permit, and no such permit shall be issued if the sign will tend to cause a traffic hazard.

Decoration signs for holidays which are maintained for a period not exceeding one month are permitted and not subject to height, area or lighting limitations set forth in this chapter. No building permit is required.

Changes in advertising copy on signs do not constitute the replacement of a sign.

In calculating the total area of signs, all readable surfaces shall be counted.

The signs permitted in the R and C-P zones, subject to the conditions set forth in this article, are as follows:

In R and C-P zones neon and similar types of directly lighted signs are prohibited.

Permitted signs shall be set back at least ten feet from the property line.

Signs may not exceed a height of twenty feet.

Signs are permitted in the C-1 zones subject to the conditions set out in this article.

Signs may not exceed a height of thirty-five feet.

Signs may not project more than one foot over the public right-of-way except that signs may be mounted on a marquee in the public right-of-way; provided, that:

In no case shall signs extend closer than two feet from the back of the curb.

The maximum size of any one sign shall be three hundred square feet.

The ratio for calculating maximum area of signs on property shall be:

Parcels under one ownership which contain four or more businesses may erect a free-standing sign in addition to other permitted sign area which:

Signs are permitted in the C-S zone subject to the regulations set out in this article.

The ratio for calculating maximum sign area for individual businesses within a commercial shopping zone shall be two square feet of sign area for each one foot of lineal building frontage.

The maximum sign area for individual businesses located on corners (i.e., building frontage on two sides) within a commercial shopping zone shall be calculated at seventy-five percent of the ratio of two square feet of sign area for each one foot of lineal building frontage.

Signs for individual businesses shall be flush-mounted, indirectly lighted and shall not extend above the height of the building on which they are mounted.

Freestanding signs which identify the shopping center:

Signs are permitted in C-2 and M zones, subject to the regulations set out in this article.

Freestanding signs which are supported primarily by structures on the ground may not exceed a height of thirty-five feet and shall be a minimum of ten feet above the finished grade of the existing sidewalk or future sidewalk; except, that nonilluminated, nonstructural and nonsupporting decorative spires mounted on top of the signs may exceed the height limit by a height equal to one-third of the distance measured between the top portion of the sign identifying the business and the finished grade of the existing or future sidewalk.

Signs mounted on buildings may not exceed the height limit of the building or thirty-five feet, whichever is the greater.

The maximum distance a sign may overhang the public right-of-way is six feet from the building except:

In no case shall signs extend closer than two feet from the back of the curb.

The maximum size of any one sign shall be four hundred eighty square feet.

The ratio for calculating the maximum area of signs on property shall be:

Parcels under one ownership which contain four or more businesses may erect a freestanding sign in addition to the permitted sign area which:

Off-premises signs may be erected in addition to the maximum permitted sign area under the following conditions:

"Advertising structure," "advertising display," "freeway," "highway," "landscaped freeway," "person," "sign" and "to place," used in this article, have the definitions and meanings as such terms are defined in the Outdoor Advertising Act which act is set forth in Section 5200 et seq. of the Business and Professions Code of the state.

No advertising displays shall be placed or maintained on property adjacent to a section of a freeway regardless of the zoning district in which it is located if the advertising display is designed to be viewed primarily by persons traveling on such freeway.

The prohibitions set out in Section 17.63.390 shall not apply to advertising displays or structures placed upon property for the following purposes:

The application for building permits for such outdoor displays or structures shall include plans showing the construction of the sign, the advertising display to be placed thereon, and the proposed location of the sign in relation to the freeway and to the property on which the sign is to be placed.

The maximum size of any such advertising display or structure shall be four hundred eighty square feet.

All signs in violation of this part shall be made to conform with such part or shall be removed within two years of the effective date of the ordinance from which this article derives, or within two years from the date of their annexation to the city, whichever is the later date, or within two years of completion of a landscaped freeway.

The regulations set out in this chapter are designed to control the use and location of mobilehomes, mobilehome parks, travel trailers and travel trailer parks within the incorporated city limits. It is recognized that mobile dwelling units represent an increasing and necessary housing form and, as such, deserve careful consideration within the framework of the general plan of the city. Regulation of the use and location of mobilehomes, mobilehome parks, travel trailers and travel trailer parks is necessary so that the mobile dwelling unit can best become an integral part of the community and stand as an overall asset. Only through comprehensive regulation can this goal be achieved. A basic premise on which these regulations are drawn is the generally accepted principle that the only and proper place for a mobilehome or travel trailer is the mobilehome park and/or travel trailer park.

As used in this chapter:

Mobilehomes, travel trailers, mobilehome parks and travel trailer parks shall comply with the regulations set out in this chapter.

Occupied mobilehomes and travel trailers shall be located only within approved mobilehome parks and travel trailer parks.

Mobilehomes shall be permitted to be used as offices at mobilehome and recreational vehicle sales lots, subject to the approval of the planning director and annual inspection by the building inspection division of the public works department.

Mobilehome parks shall be located only within the residential zones R-MD (residential, medium-density) and R-HD (residential, high-density), and the commercial zone C-2 (general commercial).

Mobilehome parks shall be established only after the granting of a conditional use permit. Applications for a conditional use permit shall be accompanied by a site plan.

The maximum number of mobilehome sites permitted per acre shall be ten and the maximum number of travel trailer sites permitted per acre shall be fifteen. Not more than ten percent of total spaces shall be for travel trailers.

A mobilehome park shall have a minimum area of five acres and shall have clearly designated sites for each mobilehome of an area not less than two thousand five hundred square feet. Each travel trailer site shall have a minimum area of one thousand square feet. All mobilehome and travel trailer sites shall be permanently and conspicuously numbered.

Each mobilehome site shall have a hard-surfaced patio area of concrete, asphalt or some similar substance not less than two hundred square feet. Any porch greater than fifteen square feet in area shall be counted as part of the required patio area.

Each required mobilehome park yard shall be landscaped and maintained.

Entrance and internal driveways shall conform to the following requirements:

Off-street lighting shall be installed as in a residential subdivision and shall be approved by the superintendent of utilities.

Fire hydrants and other fire protection shall be provided in the park as required by the fire chief in conformance with existing city ordinances or Section 5622, Article 6, Title 25 of the California Administrative Code, whichever is more restrictive.

Recreation areas are required and shall conform to the following regulations:

A solid wall or view-obscuring fence shall be established and maintained. This fence shall enclose the entire mobilehome park (excluding access points) and shall meet the following minimum requirements:

All utilities shall be underground except at those points where connections are made to mobilehomes or travel trailers.

Not more than one sign shall be erected at any entrance to the park. Signs shall not exceed fifty square feet for all readable surfaces, nor exceed ten feet in height. Sign designs shall be submitted with the application for conditional use permit.

Only those structures and accessory buildings permitted by the rules and regulations of the State Department of Housing and Community Development shall be permitted in a mobilehome park and shall be located as therein provided.

Each mobilehome park shall have a laundry building for clothes washing and drying. A yard area may be provided adjacent to this building for clothes hanging.

Renting of mobilehomes in a mobilehome park is prohibited unless the mobilehome bears the insignia of the State Division of Building and Housing Standards and is licensed by the Division for this purpose.

The enforcement agency is the State Department of Housing and Community Development, Division of Building and Housing Standards. Prior to any construction on a mobilehome park, plans and specifications shall be submitted and approved by the enforcement agency.

The planning commission may alter the regulations of this chapter to accommodate adaptation to unusual circumstances.

The regulations set forth in this chapter shall be considered supplementary to the rules and regulations of the State Department of Housing and Community Development (Title 25, California Administrative Code, Chapter 5, "Mobilehome Parks Special Occupancy, Trailer Parks and Campgrounds").

Violation of any provision of this section shall be punishable by a fine not to exceed five hundred dollars and imprisonment for a term not to exceed six months, or both (Government Code Sections 36900-36901).

The provisions set out in this chapter govern the continuance of nonconforming buildings and uses existing at the time of the passage of the ordinance from which this title derives, or which may be caused by any amendments made to this title.

Except as otherwise provided in this section, a nonconforming building may be maintained under the following provisions:

Pending the establishment of a separate body, or as otherwise provided by law, the planning commission is designated as a zoning commission under the provisions of the Zoning Law of 1917, as amended, for the purpose of acting on variances, termed "adjustments" in this chapter, and use permits under the procedure set forth in this chapter.

Use permits may be issued for any of the uses or purposes for which such use permits are required or permitted by the provisions of this title, and for any of the following specific uses in any district established by this title:

Any application for an adjustment or use permit shall be made to the planning commission in the form of a written application for a building permit or a permit to use the building or premises for the purpose and in the manner as set forth in the application. The application shall clearly state all details of the proposed construction or use, including information as to special circumstances, necessity, desirability and effect upon neighboring property and inhabitants.

The planning commission or its appointed zoning committee shall consider the application not later than at its next regular meeting, and may, in its discretion, order one or more public hearings on any application, in which case due notice shall be given at least ten days prior to any public hearing as provided by law, and such other notice as the commission may order. Before such notice of public hearing, however, the applicant shall deposit with the planning commission a fee of twenty dollars, or such other sum as set forth in other city ordinances, no part of which is returnable. At least one public hearing shall in any case be held on any application for a use permit for any use listed in Section 17.72.040(D).

In granting any adjustment, the planning commission shall find that such adjustment will relieve an unnecessary hardship or practical difficulty that would otherwise be caused by the application of the strict letter of this chapter and that such adjustment will not be contrary to the public welfare. In granting any use permit, the planning commission shall find that the establishment, maintenance or conducting of the use will not, under the circumstances of the particular case, be detrimental to the health, morals, comfort or welfare of persons residing or working in the neighborhood of the proposed use, or to property or improvements in the neighborhood, or will not be contrary to the general public welfare.

In acting upon any adjustment or use permit, the planning commission may designate such regulations as a condition of the action as may be deemed necessary for the protection of the general public welfare, any violation of which regulations shall automatically invalidate the adjustment or use permit, as the case may be. Adjustments and use permits shall be granted to the applicant only, are not transferable by the applicant and may be limited as to their duration upon the discretion of the planning commission.

Any and all actions and decisions of the planning commission in connection with adjustments or use permits shall be reported in writing to the city council.

Any actions of the planning commission on matters referred to in this chapter may be appealed to the city council by filing, within ten business days, a written appeal with the city clerk. The appeal shall be processed in accordance with Chapter 17.88, Appeals, of the Lodi Municipal Code.

It is the intent of this chapter to provide for an administrative review and approval process for specified live entertainment requests.

Requests for live entertainment permits shall be reviewed by the community development director subject to the following conditions:

A request for a live entertainment permit shall include a site plan, floor plan and any other information as deemed to be necessary by the community development director.

The community development director shall be the reviewing authority under this chapter. All decisions shall be based on consideration of all relevant information received and shall include findings granting or denying the application.

In granting any live entertainment permit, the community development director shall find that the establishment, maintenance or conducting of the use will not, under the circumstances of the particular case, be detrimental to the health, morals, comfort or welfare of persons residing or working in the neighborhood of the proposed use, or to property or improvements in neighborhood, or will not be contrary to the general public welfare.

In acting upon any permit, the community development director may designate such regulations as a condition of the action as may be deemed necessary for the protection of the general public welfare, any violation of which regulations shall automatically invalidate the permit, as the case may be. Permits shall be granted to the applicant only, and shall not be transferable by the applicant and may be limited as to their duration.

Any actions of the reviewing authority on matters referred to in this chapter may be appealed to the planning commission by filing, within ten business days, a written appeal to the community development director. The appeal shall be processed in accordance with Chapter 17.88, Appeals, of the Lodi Municipal Code.

The filing of an application for a live entertainment permit with the community development director shall be accompanied by the payment of a filing fee as set and established from time to time by resolution of the city council. No part of such filing fee is returnable.

It is the intent of this chapter to establish minor administrative exceptions to the regulations of this title which may be used to ensure that property, because of special circumstances, such as size, shape, topography, location or surroundings, shall be accorded privileges commonly enjoyed by the other properties in the same zone in the vicinity.

Applications for deviations may be accepted in all zones, unless otherwise specified. Applications for deviations may be considered for the following modifications only:

A request for a deviation shall include a site plan which clearly delineates the location and extent of the regulation to be modified by the director.

The review procedure for deviation applications shall be staff review with notification.

The community development director or designee shall be the reviewing authority under this chapter. All decisions shall be based on consideration of all relevant information received and shall include written findings granting or denying the application.

Prior to approving an application for a deviation, the review authority shall find that all of the following are true:

Any actions of the reviewing authority on matters referred to in this chapter may be appealed to the planning commission by filing, within ten business days, a written appeal to the community development director. The appeal shall be processed in accordance with Chapter 17.88, Appeals, of the Lodi Municipal Code.

The filing of an application for administrative deviation with the community development director shall be accompanied by the payment of a filing fee as set and established from time to time by resolution of the city council. No part of such filing fee is returnable.

Before beginning construction work on a new building or on alterations or enlargements of an existing building or on removal of any building, an application for a permit for the same shall be made to the building inspector.

Building permit applications shall be accompanied by a drawing or plat, drawn to scale and submitted in duplicate, showing the lot and building site, the proposed location of the building on the lot, accurate dimensions of the building, the yards and the lot, and such other information as may be required for the proper enforcement of the regulations of this title. A careful record of the original copy of such application and plat shall be kept in the office of the building inspector, with a duplicate copy thereof kept at all times at the building.

All building permit applications and drawings therewith shall be checked as to compliance with all of the regulations of this title and the city council may require that such documents be submitted to representatives of the planning commission designated for that purpose for their approval before a permit is issued.

No vacant land shall be used or occupied, except for agricultural purposes, and no building erected, structurally altered or moved after the effective date of the ordinance from which this section derives shall be occupied or used until a certificate of occupancy has been issued by the building inspector.

A certificate of occupancy for the use of vacant land or for a change in the character of the use of land, as provided in this chapter, except for agricultural purposes, shall be applied for before such land shall be occupied or used. The certificate shall be issued within three days after the application has been made, provided such use is in conformity with the provisions of this title.

A certificate of occupancy for a new building or the alteration, conversion or reconstruction of an existing building shall be applied for coincidentally with the application for a building permit. Such certificate shall be issued, if after inspection it is found that such building complies with the provisions of this title and all other requirements of law or ordinance applicable thereto. A temporary certificate may be issued for the temporary use of a portion of the building prior to the completion and occupancy of the entire building; provided, that such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

Certificates of occupancy shall state that the building or proposed use of a building or land complies with all building and health laws and with this chapter. Copies of the certificates shall be kept on file in the office of the building inspector for public inspection, with copies of the same furnished, on request, to any person having a proprietary or tenant interest in the building. No fee shall be charged for a certificate of occupancy.

The purpose of site plan and architectural review and approval is to ensure compliance with this title (i.e. zoning ordinance) and to promote the orderly development of the City; the stability of land values; investment and the general welfare; and to help prevent the impairment or depreciation of land values and development by the erection of structures, additions, or alterations thereto without proper attention to good site planning and architectural appearance.

There is established a site plan and architectural review committee (SPARC) to assist the planning commission in reviewing site plans and architectural drawings. The membership of the committee shall consist of five members. Four of the members shall be appointed to four-year, overlapping terms by the mayor with the approval of the city council. The fifth member shall be a member of the planning commission and appointed by the planning commission to serve a one-year term on the committee.

Site plan and architectural approval is required for the following uses:

An application for site plan and architectural review shall be made by the property owner or agent on an application form provided by the City.

The following maps and drawings, in duplicate, shall be submitted that show the following:

Any actions of the site plan and architectural review committee on matters referred to in this chapter may be appealed to the planning commission by filing, within ten business days, a written appeal to the community development director. Any action of the planning commission on matters referred to in this chapter may be appealed to the city council by filing, within ten business days, a written appeal to the city clerk. The appeal shall be processed in accordance with Chapter 17.88, "Appeals," of the Lodi Municipal Code.

Whenever the public necessity, convenience, general welfare or good zoning practice may require, the city council may by ordinance, after report thereon by the planning commission and subject to the procedure provided in this section, amend, supplement or change the regulations, district boundaries or classifications of property established by ordinance as of or after the effective date of the ordinance from which this section derives.

An amendment, supplement or reclassification may be initiated by the city council, the planning commission or by petition of one or more property owners within the area directly affected by the proposed amendment, supplement or reclassification. Petitions for any change of district boundary or property reclassification shall be filed with the city clerk on prescribed forms and accompanied by such data and information as may be required for that purpose by the planning commission. The petitioner shall also deposit a fee of forty dollars, or such other sum as prescribed by other ordinances, no part of which is returnable. All petitions or city council resolutions regarding such changes shall be referred to planning commission for report and recommendation thereon.

At its next regular meeting the planning commission shall conduct such investigation as may be prescribed and may, in its discretion, order such public hearings on the proposed changes as are required by law, due notice of which shall be given as prescribed for public hearings before the city council. After such investigation and at least one public hearing, the planning commission shall, within such time limits as are prescribed by law, submit its report to the city council recommending approval or disapproval of such proposed changes, to-

If the report of the planning commission recommends approval of the proposed changes, the city council shall hold a public hearing thereon, due notice of which shall be given by at least one publication in the officially designated newspaper at least ten days prior to the hearing, and by such other means as the council prescribes. After such hearing the city council may by ordinance effect such proposed amendment, supplement or reclassification, or any portion thereof, except as otherwise provided in this chapter in case of sufficient protest against such changes.

No petition for the reclassification of a specific property shall be accepted if final action has been taken by the planning commission or the city council to deny a similar request within the past year. This provision shall not prohibit the planning commission nor the city council from initiating such a change.

The planning commission shall adopt such rules and regulations as may be required for its conduct and the performance of its duties as prescribed by law and the provisions of this title. In such rules shall be prescribed the form and scope of petitions and applications provided for in this title, and of accompanying data to be furnished so as to secure the fullest practicable presentation of the matter involved in each case and for permanent record. Any petition for an adjustment or use permit or amendment as provided in this title shall include, if so specified by the planning commission, a verification by at least one of the petitioners, attesting to the truth and correctness of all facts presented with the petitions. Any such verification required shall be dated and attested before a notary public or the city clerk.

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the protection and promotion of public health, safety, peace, morals, comfort, convenience and general welfare. It is not intended by this title to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger yards or open spaces, than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this title shall govern.

For the purpose of requiring full compliance with all of the provisions of this title, the regulations set out in Sections 17.87.040 through 17.87.090 shall govern.

The city manager, community development director and chief building inspector, or their designees, are vested with the authority to issue a citation to any person who violates any of the provisions of this chapter. All officials of the city charged by the law with the general duty of enforcing city ordinances shall also enforce this title and its provisions.

All departments, officials and public employees of the city who are vested with the duty and authority to issue licenses or permits where required by law shall conform to the provisions of this title and shall issue no such license or permit for uses, buildings or purposes where the same would be in conflict with the provisions of this title. Licenses or permits, if issued in conflict with the provisions of this title, are null and void if the licenses or permits are not brought into compliance with the provisions of this title.

Unless otherwise indicated, it is an infraction for any person to do any act forbidden or fail to perform any act required by this title. Penalties for infractions shall be as set forth in Government Code Section 36900.

The penalties prescribed in this chapter do not limit the right of the city through its legal department, as authorized by the city council upon request of the enforcing officials, to institute any appropriate legal procedure as prescribed by law to restrain, enjoin, correct or abate any actual or threatened violation of the provisions of this title.

Any violation of this title constitutes a public nuisance. In addition to any other remedies provided in this title, the city may summarily abate and bring civil suit to enjoin or abate the violation.

Each day any violation of this title continues is a new and separate offense. The remedies provided in this chapter are cumulative and not inclusive.

This chapter establishes procedures for the following:

An appeal may be filed by:

Determinations and actions that may be appealed, and the authority to act up on an appeal shall be as follows: