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Ordinance 1072 N.C.S. 12/04/1972
I I I ART'ICLE ;1 ' ARTICLE '2. prf I k' ARTICLE'3 { ARTICLE 4 ARTICLE 5 'I ,jiARTICLE' 6 ART,ICLE 7 ARTICLE 8° ARTICLE. 9. - A'RT'fQLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 I ARTICLE 14 III ARTICLE 15 ARTICLE 16 ARTICLE 17 i ARTICLE 18 f ARTICLE 19 ARTICLE 20 ART,I C LE 21 1 I II �I A'RTTCLE 22 ARTICLE 23 {iARTICLE 24 IARTICLE 25 ARTICLE' 26 ARTICLE 27 ARTICLE 28 ,ARTICLE 29- Ir I �ii y rr TABLE OF CONTENTS Pale PURPOSE,AND INTENT 1 ESTAt-LISI.DIENT AND DESIGNATION OF DISTRICTS 3 ZONING MAPS 7 SCHEDULE OF BASIC REQUIRI�IENTS FOR ALL DISTRICTS 9 A ACRTCULTURAL DISTRICT 11 R-1''SINGLE FAMILY RESIDENCE DISTRICT 15 R-C COMPACT SINGLE FAMILY RESIDENCE DISTRICT 19 R-M-G ',GAP.DEN APARTMENT RESIDENCE' DISTRICT 23 R-M.-H,HIICH RISE APARTMENT RESIDENCE DISTRICT 27 C-0 ADMI'N'I'STP.ATIVE AND PROFESSIONAL OFFICE DISTRICT 30 C-N NEIGHBORHOOD CONIr1ERCIAL DISTRICT 33 C-C CENTRAL COMMERCIAL DISTRICT 36 C-11 HIGHWAY" COM1 IERCIAL DISTRICT 39 M-L LICIIT INDUSTRIAL DISTRICT 14.2 M-G CENTRAL INDUSTRIAL DISTRICT 45 F-1 AND F-2 FLOODWAY AND FLOOD PLAIN DISTRICTS 49 H HISTORTCAL DISTRICT 55 S STUDY DISTRICT 60 P-C PLANNED COMiIUNITY DISTRICT AND 62 P-U-D PLANNED UNIT DISTRICT OFF-STREET PARKING AND LOADING 78 PROVISIONS_'APPLYING TO CERTAIN ACCESSORY USES 95 AND TO ALL CONDITIONAL USES PERF,ORi[ANCE STANDARDS 128 LANDSCA'PTNG AND SCREENING 136 EXCEPTIONS AND .MODIFI'CA'T.IONS 140 NON'-CONFOISI"ING, USES 147 ADIIII3IS'TRATIV'E'PI'.00,EDUPES' AND kEQt1IRED PERMITS 152 AMENDT,iENT S 181 ENFORCEMENT, ,PENALT,LES, 1, ENACTr1ENT. 186 DEFINITIONS 190 ORDINANCE NO. I(O'7� N. C. S, INTRODUCED,BY COUNCILMAN WS SECONDED BY COUNCILMAN qr I AN ORDINANCE OF THE.,CITY OF PETALUMA, STATE OF CALIFORNIA, ESTABLISH— IING LAND USE DISTRICTS OR ZONES, REGULATING THE USES OF LAND AND 'BUILDINGS, THE HEIGHTS OF BUILDINGS, ANb THE OPEN SPACES ABOUT BUILD— INGS:, REQUIRING PERMIT'S FOR CERTAIN BUILDINGS, AND USES; DEFINING TERMS USIEp HEREIN: AND SPECIFYING THE PROCEDURE FOR THE AN-ENDMENT AND ADMINISTRATION, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF �NY OF THE PROVISION , S HEREOF; REPEALING ORDINANCE NOn 662 N,C�S. AND ALL AMENDMENTS THERETO® BE IT ORDAINED BY the Council.of the City of Petaluma as fol-lows: ARTICLE 1 PURPOSE'' AND 'INTENT SECTION 1-100 SHORT TITLE AND CITATION This ordinance is' to be known as and shall be cited as the "Petaluma Zoning ordinance." SECTION 1-200 PRINCIPALS OF THE ZONING ORDINANCE The Zoning ordinance has been prepared in accordance w3'..th •the follow- ing principals. 1-201 t the Ordinance is adopted to protect and promote the public health, safety, morals, peace, comfort, con- venience, prdsp6rity and general�welfare; and further, the purpose of this Ordinance is to prescribe land use regulations "and a, zoning plan for the City" of Petaluma deemed necessary to encoura-�e:, most appro i priat6 use of land, both urban and a,gricc,lt;u,'al; to enhance and stab 11ze the Value of property; to ptov.ide open space for light and air and to prevent and .fight tires; to prevent und'II disper- sion or concentrat tin of population; tO promote orderly communft'y deve..lop:me.nt; to lesser, conges- tion o.f streets; to facilitate adequate p-sov - lions for community utilities such as tra,nspofta- tion, schools, parks and other public requirements,: .1.-202 The 'Ordinance is intended to be in harmony with the 1✓etalamw General Plat, and ail Environmentay" Design. Plans adopted pu .•suant. theret.o.. Futu e amandme .o-s of these plans shall be -reflected in amendments U_t the zon:tnq ordinance, and fvzt-u.re amendmeii �s tc the zoning or'dinati e. shall" only be made in confoxmity with the. General Plan and Envi.t�anmental nesigr. Plans. ■ 2 If any, article, section; Subsection,, oparagraph, sentence, this for- reason be clausel, ..:or, phr:a,se of ordinance, anyshall held. ,to be invalid or unconstitutional, the decision shall not affect the remaining portions of this ordinance. The City Council o.f the City,-of,Petaluma hereby declares that it would have enacted this ordinance and each article, section, sub- , section, paragraph,°sentence, clause; and phrase there ir- re'spective of the.fact 'that any one.or.more article, sections, subsections pa.ragraphs.; sentences, clauses, or phrases,are declared to be invalid. or unconstitutional. r i •`���v�r.j��• ���',me t'y��'t`,,.; �>�!r,'x'. t„t.a. ,�v'�r'VCe��• ,Y.",t: - ..1; „ „o n y[s♦p �' k�"Pzl t";' rVt 5�;U zt E I _ 4 t vr, y,� rinv .c L! r I4ty.. I ry- ,.R; } ' 4i, •fP j({,t r CZ ' , d }iz1' w1 _A1 s _ 1" I,a';, ytvo ARTTCLEI :," /�'.: DEFINITIONS. :j2d land',te J For he purposes- of this Ordinance, certain words � rms used herein are defined .as follows . ., R"III S, A I. .. I' tens Al I' w ords in, the resent.,' a shall include the future tense. All words a„ in the 'singular number shall_ include the plural number, and all words in the plural number shall'include the singular number,'unless the natural con- struction of the wording ;indicates otherwise. ' u t'" " tort' and not directory. word: shall is manda :The w' The; word ''City" shalll mean the City of Petaluma,,Sonoma County, California. The .': worlds =City Council" and"Council" shall. mean the City Council of the ,;. City of'Petiluma, The words "City Planning Commission" and "Commission" ' sha-ll'mean:the Planning Commission duly appointed, by the City Council. 1 u " " rector of Public ' r The words Director of Public Works shall mean, the"Di ., Works,of the City'of Petaluma, Petaluma, and the words "Planning Director!' shall;' mean the. P'lann'ing'D'ir'ector of the City of Petaluma; The words "Building 1 'Inspector'! 'shal'l mean the;, Building *Ingp'ector of it e ity of Petaluma. ..y Alley.' A 'public or privatewaynot more than thirty- (30) ' feet' vide,' which ' affords; ,only 'second'a_ry access 'to abutting property. f, ; Apartment. A dwelling unit in a.multi-family building. Apartment,," E'ffi.ciency. ' A dwelling unit in a multi -family building, con- . t sis'ting of, not more than „one (1)I habitable room, together 'wi'th cooking and sanitary, 'facililties EE. t i . I". Automobi+le Repair,'M'inor: Upholstering, replacement of parts and motor service"to'passenger cars and trucks hot - exceeding one and one-hahf° (1- 1/2) tons capacity, but not including other operations named under "Automobile Repair, Major," or similar thereto as determed by the Commission. Automobile Service Station. A retail place of business engaged primarily in the sale of motor fuels, but also in supplying goods and services gene's- ally reuired.in the operation and maintenance of motor vehicles. These may include sale of petroleum products; sale and servicing of tires,'bat- 't erie:s, automotive accessories and replacement items, lubrication services,; washing of cars where no chain conveyor or blower is used. Operations outside shall be limited•to the dispensing of gasoline, oil and water; changing,tires, replacement and adjustment.of automotive accessories such as windshield wipers, lights and betteries and similar minor customer needs.. Block,. The properties abutting on one side of a street and lying between "the two nearest intersecting or intercepting streets, or nearest inter- secting:or,intercepting street and railroad right. -of' -way, unsubdivided 'land, or water"course.. Building. Any st*ructure,, or part thereof, having a roof supported by col- umns or walls, for the housing or enclosure of persons, anitals,.chattels„ y or property. °r Building, Height of.. The vertical distance from the average contact -ground level of'the building to the highest point of :the coping of a flat roof 'or to the deck ,line of a mansard roof or the mean height level between eaves and .ridge for gable, hip or gambrel roofs. A°'covered: area open on one or .more"' sides for the storage of -the'•' assen 'e:r. vehicles "boats or tr'ai'lers','of' ersons resident or employed. on t!' P' g , P the' ,Premises Combining District,. Special regulations to be,,invoked where appropriate t or necess 'ry in addition, to basic district,regulations. ^ .Court. A and on the, same e lot with a,build'ing which is bounded on two II 1'(2) or more sides by the exterior walls of -buildings on the same lot. Coverage. The perceni'of the total site area covered by structures, open ,,. or enclosed, excluding uncovered steps, patios and terraces. ,Development Unit. That portion, along with the uses contained therein, of a, Planned Community District which is proposed for development at one 'me and under one ti', Planned Unit Development Permit. Development Units' ". may consist' ' of porti " ons of a Planned Community District or of the entire district. „ j A, portion of"the city with Disar.ict.. in which the use of land and structures and the location,,, height, and bulk of structures. are governed by this ordin- ance,. -D'ock; •A landing pier for boats; a wharf;,a structure supported'by piling u. , -77 '' d° "floa,ts in such .a manner as to allow free flow of water beneath said' str'uc nd in y ldi'n s constructed °ture a which an bui g ructed thereon are incidental to the use of said structure as a wharf of landing pier. Driveway. A private road, the use of which is li'mit'ed to persons residing, employed, or other wise using or visiting the parcel on which located. Dwellin...Any building or portion thereof designed or used exclusively as the residence of one or more persons, but not including a tent, or trailer. a. Dwelling, Single -Family. A building designed for or used exclusively for -residence purposes by one family or housekeeping unit. b. Dwelling, Two -Family, or Duplex. A building design- ed for or used exclusively for'res.idence purposes by, two families or housekeeping .units, living indepen= dently. of one another. c. Duelling, Multiple. A building or portion thereof .designed for or used exclusively for residence pur- poses by three-(3) or more families or housekeeping units., living 'independeritly of one another.. d. Dwelling, Attached or„Semi:-Attached,_ A'building con- taining a single dwell.ing,uriit and having 'one. or mote walls in common with another such unit and located or capable of being located on.a separate lot. .Dwelling Group.. A group of two (2) or more detached buildings used.for dwelling purposes located on a parcel of land in one (1) ownership- and, having any yard or court in common. Dwelling Unit. One (1) room, or a suite of two(2) or more rooms, -designed for or used by one (1) family for living and sleeping purposes and having only one (1) kitchen or kitchenette. .d Family., An individual or two (2) or more persons related;by' blood, marriage, or adopt on',, or'a group�of not more than five (5) persons who nee:l not be G` related'by,blood or marriage, living as a single housekeeping unit. Wards of 'the court or other dependent children placed with'families under pro- visions of the laws of the 'State of California and Sonoma County are con- sidered as belonging to the -family unit. Filling Station. See Automobile Service Station. ' Floodway'. The channel of a stream, river or slough which carries high volume's, 'of .water'or 'is 'subject to high velocity of current during nor- mal annual spring or winter run-off or high tides; 'the floodway includes all,.ar'ea between the tops of opposite banks. �.Xloodway, Regulated. The floodway plus a distance of fifty (50) feet on each side of the channel measured from the top of the bank and addit- ional adjacent area which is subject to inundation.of eighteen (18) inches during a design.flood or has a velocity of current which would constitute a danger to life or property during a design flood, which may include i areas which are artificially protected from inundation by banks or levees. Flood,., Design. A -flood of one percent (1%) frequency over a period of one hundred (100) years, which is used to establish the Flood Plain and i, " the 'Regulate d Flood Plain. Flood'.Plain. Area which-has'beenor may be covered.by flood water or in- undated by ground water during -a design flood. 194 Flood ,Plain;. Regulated.. That portion of the Flood Plain outside the Reg ula,ted Yloodway. Frontage:. The property line of a site abutting on�a street, other than the side line of a corner lot. Garage. An accessory structure or a portion of a main structure, having a permanent roof, and designed for the storage of motor vehicles. Garage.,'Private_. A.detached; fully enclosed accessory building or a,por- Lion of the principal building used only for the storage of'passenge'r' vehicles, boats or trailers by the persons resident or employed upon the premises. Garage, Public.. A structure or portion thereof, other than a private or, public parking garage, used for the storage, sale, care, repair or re'fin= s fishing of self-propelled vehicles or trailers. . General Development Plan. A description of the development proposed with= in a particular Planned Community District consisting, at a minimum of a map and written statement setting forth, in general, the regulations governing, and the location and arrangement of,, all,. proposed uses and improvements. tobe included in the development. Guest House. A Guest House is a detached living quarters° of permanent construction, without kitchen or cooking facilities, clearly subordinate, -and incidental to the main building on the same lot, and intended for use by occasional guests of the occupants of'the main building. A Guest House shall not be separately rented, let, or -leased whether compensation be direct or indirect. ,F i „ '�n it . 'h,n . I �. lY vkyll _f •' f . ,, r F r.� ' I occu atio - ' Home •:, „ , , ' HoI cu ati'on,. n is,, a, commercial activity Home,;,Occupation,. p p' tivity conducted in a ,,- I c 1 ea'r' 1 which is'clearly incidental'and.secondary 'to the use of the dwel- li purposes and in accordance ng'.,fox residential p with the provisions -of Section 21-202 c ” ;Hospttal. An, institution in which patients, are given medical or surgical care4nd which is licensed, by the State to use the title hospital with- ou't qualifying descriptive -word. Junk,Yard. A site or, portion of a site on which -waste, discarded, or re g ,' salvage, material's a II'bou h.t, so d, exchanged, stored, baled, cleaned, packed ','disassembled,, or handled, including used'furniture and household 'equioiherit.yards, douse wrecking yards, used'lumbe'r yards, and the like; excepting a,site on which such uses are conducted within a completely r, t enclosed structure and.exce ping motor vehicle wrecking yards as defined in this section. An establishment for the sale,l',,,purchase, or storage of used''cars or salvaged machinery in operable condition and the processing ,of used or salvaged materials as part of a manufacturing operation shall not be'deemed a junk yard.' Kennel. Any pr•emis'es,,'except Veterinary.hospital,s; where four (0 or more dogs, six' (6) month°s;in age or.older, are kept. kitchen or Ki'tc_henette.• Any'room or part of a room-which'is designed, ed or intended to be used for built us r food preparation and dishwashing-; , j �' , I but not ding a bar, butler I "k including , „ , y similar room adjacent to .I „ �'s panty , or i'or connected with 'a kitchen., Haft including trees"; ®h'riib§ and ,ground e6v@r'§ s s�sita�il.y des:ign@d; sel@dt@d; installed and maintained as to b@ permanently a';ttfaet ire: ;6 A pied@ or par'@@i Of mind mupi@d or intend@d O gib@ 6aaup @d by a pr3neipal building or a group of sudH Buildings and aece§sory bulitiIngs; Of util and fora pfin@ pal use and a§'@§ ac.e@§§or}thereto; hgethef °w 't ®iicli. open sp.ac�s as" F@qu r@d by thii§ 6vd-h&ftce acid hdvi�ig fr6ntage on a p�ibl c OF an approved private stredta a: Lot„_dorneX A iot' a,t the Uridt on of and abbttiM on two' Of more nL@r"setting "sheets wrier@ the iinteror a'tigi@ of ftit@Fmt an noes not ekd-,e&d '135 d'egr@e§ s A rot abutting a ciirv@d st'r@ef shall ba d@@m@d a aby.fW iat- if the tangent§ -a the c.u'r•'vOf in- t@rs"@etign of the s9'1-d@ iat lines with the straet' fine^s rote"r`s@et of air, interior angle of l@"s"s than i3S degrees. b,. Lot A pth, Tie mean hbr12antal ci stanee 13etraeeii the front anti rear lot !hits; ar b@tw@en th@ fF6ht 'i6t line and the intersection Of the twoside iin@§ it t`-her@ s".hoiiid be ino" rear lot iin@ c : Lot ;__DQui re ron_ age.-: Aii r t@fIOP rot having front= age on t`-wo'(2j parallel or approximately parallel stree"ts: d,: L .t,;,Tnte=r vr: A iat other than a co.rnep iat: yw.r,yr ' ,i,4.yly x �.• �Y "1 - �j .6. ' - , ,• M ouJr"" , .. - , •Y re- Key. The first interior lot to the rear of a e, Lot, versed corner lot. f. Lot, Reversed Corner. A corner lot the side line of ; a continuation of the front ,.' which is substantially I•,ill u , , property line of the first lot, to its rear. lorted strcture attached to and supp by a ' Any permanent roofed Marquee. building. 1 or trailer coach built on a chassis I ucture Mobile Home. A transportable strt ermanen designed to be used as a dwelling without p for future movement, and intended for oc- foundation when connected to the required utilities, and ' shall be deemed to be a mobile by one (1) family. No such structure cupancy feet 8 feet nor greater than fourteen (14) ( ) eight home which is less than eig less than thirty-two (32) feet nor in width for a single section, nor (70) feet length for single section. in leng ,p ,•,11 91i ° '° greater than seventy 'thoroucjhfare Mobile Home Access Drive. A private which "I• affords internal circulation for a mobile home park. Mobile Horne Access Drive, Side. That access drive bounding a corner mobile home space ancl. which extends in the same general direction as the line determining the depth of the lmobile home space I i, Mobile Home Access Drive Line.;: The boundary line between an access drive -and the abutting mobile home space. lMobile Home Area. The sum in square feet of the ground area =''•II occupied by A, -mobile home and all structures on a mobile home I I space. � a• 11! Mobile Home Building Line. A line parallel with the front mobile home space line or access drive and distance therefrom the depth of the required front yard. Mobile Home Park. A facility designed and equipped in accor- dance with the requirements of Article 21 to provide for the accommodation of occupied mobile homes. Mobile Home Park Storage Area. An area within a mobile home park intended for the storage of items and the accommodation of uses commonly associated with and incidental to the uses permitted in a mobile home park and its operation and maintenance thereof. Mobile home Space. A parcel of land, conforming with the requirements of. Article 21, within a mobile home park intended to accommodate one mobile home., Mobile Home Space Line, Front. In the case of an interior mobile home space, a line separating the mobile home space from the access drive, and in the case of a corner lot, a line separating the narrowest access drive frontage of the mobile home space from the access drive. Mobile Home Space Line, Rear. A mobile home space line which is opposite and most distant from the front mobile home space line and, in the case of an irregular, triangular or gore shaped mobile home space a line within the mobile home space parallel to and at a maximum distance from the front mobile home space line, having a length of not less than ten feet. —19-9 i i .Outdaor A-dvertis'ing StruI1c,tore, 11Any device.°.which 'is used or designed so that '--i t P it may be used to direct attention to a business, profession, commodity, ser- icei or entertainment v conducted, sold or offered elsewhere than upon the lot where such sign i's located. ry{L, Parking Area, Common. A public or prate parking area jointly used by two (2) or more uses. Parking Area, Private. An open area I r the same.uses as a private garage. Parking Area, PublicAn open area, other than a street or other public way,•used for the parking of automobiles and available to the public ' whether for a fee,'fr.ee, or as an accomodation for clients or customers. Parking Space. A permanently surfaced area of not less than nine (9) by twenty (20) feet, exclusive of area necessary for access under the provisions of this Ordinance, within a structure or in the open, designed or used for the parking of a motor vehicle. When the long dimension of a parking space adjoins a wall or fence more than six (6) inches in height, the width of such parking space shall be not less than ten (10) feet. 1 Patio. An open area or an accessory outdoor living structure not exceeding 14 feet in height and open on at least one side. Performance Standards. Regulations for the control of g �. "dangerous or ob- jectionable elements" as defined in Article 22. Pi rmi,tted Use. For the•„purlpose of this Ordinance a permitted use in any district shall include any use listed as a Permitted Principal Use or E • ' 1 1 AccessoryTJse and shall further a include tc e a Conditional Use as listed for the particular district provided a Conditional Use Permit is obtained. poultry Farm. Any premises on which the primary use is the breeding, ' raining or maintaining of poultry for sale, or for production of eggs for sale, or both, or where the primary income from the premises is derived from the aforesaid occupation. Recreation, Commercial. Recreation facilities operated as, a business and.open to the general public for a fee. Recreation, Private, Non -Commercial. Clubs or recreation facilities, ' operated by a non-profit organization and open only to bona fide members of such non-profit organization. 1 Recreation, Public. Publicly owned or operated recreation facilities. ' Shopping Center. Any combination of five (5) or more separately owned and operated retail businesses on a single or commonly owned or, leased parcel.of land, or a commercial, use or commercial complex occupying a site of at least two (2) acres. 11 Sign. Any writing, pictorial representation, symbol, banner", or any other figure of similar character of whatever material which is used to identify, announce', direct attention to or advertise or communicate, which is placed on the ground, on any bush., tree, rock, wall., post, fence, building, structure, vehicle or on any place whatsoever and whct,is visible from outside a building. The term "placed" shall include construc`'t-tqg, erecting, posting; painting, printing, tacking, nailing, glueing., sticking, carving,,_, M m 14 aA - stringing, i ng or otherwise,,fasten, aff xi'g;�'or making visible in any manner ,whatsoever. Sign Area. The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign, or of one face of a double face sign. Sign, Freestanding. Any sign standing on the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts -or similar uprights. Sign, Projecting. Any sign, other than a wall sign, which is suspended from or supported by a building or wall and which projects outward there- from. Any sign suspended under a marquee, porch, walkway covering or sim- ilar covering structure and in a place approximately perpendicular to the wall of the adjoining building shall be deemed to be a projecting sign. Sign, Roof. Any sign erected upon or over the roof or parapet of any building, including the roof of any porch, walkway covering, or similar covering structure, and supported by or connected to the building or roof. Sign, Wall. Any sign posted or painted on, suspended from or otherwise affixed to the wall of any building or structure in an essentially flat position, or with the exposed face of the sign in a place approximately parallel to the plane of such wall. Any sign suspended from and placed approximately parallel to the front of a canopy, porch, or similar -cover- ing structure shall be deemed to be a wall sign. Stable, Private. An accessory stable, corral or paddock used or designed to shelter horses belonging to the occupants of a dwelling and where no horses are kept for hire or sale. Stable„ Riding. Any stable where horses are kept for hire. Story. That portion of a building, included between the surface of any floor and the floor or ceiling next above it. a. Story, Half. A partial story under a gab'Ie, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of,such story; pro- vi ed..,' however, that any partial story used for one (1) or more dwelling units, shall be deemed a full story. b. Story,, First. The lowest story or the ground story of any building, the floor of which is not more than twelve (12.) inches below the average contact ground level at the exterior walls of the building, exce?t that any basement or cellar used for residential purposes shall be deemed the first story.. Street. A Ipubl.ic right-of-way thirty (30) feet or more in width which PI . provides a'public means of access to abutting property. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term, but not alley. The term shall include the total width of the dedicated right-of-way. ,�� if• � Iro�,.�iR a ,,� I. .I ' 4 .Ir' �' d �i ,I,w?, RET i, .1. n, sl• yi ';I"', a a I .t f�,, rf y,� f ,.'4 I i '. 4i •. I f •, "� I •,'"<•, S;'u,i' P S tructure . I true ec�t'ed wh>'c ' - An t y hang' co" ns ted or "e`r 'h . requi:ree ' a- loca�t_:��;oia on... the round g iiLcludin g a: building but not 'ncluding':a'swimming pool, a fence, or a wall used as a fence. 'Swimming Pool. A pool, pond, land, -or open tank, capable of containing wat r!ldto a,depth,,greater than one and one-half (1 1/2) feet at any point I ;and designed or used far wading or swimming, ,Trailer Coach. See Mobile Home. Use. The purpose for which a lot or structure is or may be leased, oc- cupied, maintained, arranged, designed, intended, constructed, erected, ,moved, altered, or enlarged. Usable Open -Space. a., Includes 'the aggregate area of 'side and rear yards;., I I patios, and balconies and 'decks having a depth of not less than six (6) feet and area not less than sixty-(60) feet, on a building site or building, iahich`,is,available and accessible to the occupants . of the building or bui-lding site for purposes of active and/or passive outdoor recreation. JI ,v b. This area is exclusive of driveways, areas for off-street Ir parking and services;'an.d ground,level areas with a width'"of less than five (5) feet or maximum dimension of',under ten (10) feet. At least seventy-five (75) percent of the usable open'space shall have a slope of ten "('Y0) ,percent- :Or less. Yard. An open space on the same site as the structure, unoccupied and unobstructed from .the ground upward, except as otherwise herein provided for certain front yard exceptions, including a front yard, side yard, rear yard, court, or space between structures. In any district the "required yard" shall mean that portion of a yard meeting the minimum dimensions for such a yard in that district. Yard, Front. A yard extending across the full width of a site measured between the front property line (or street plan line) and the structure closest.thereto; the depth of a front yard is the minimum horizontal dis- tance between the front property line (or street plan line) and a line parallel thereto on the lot touching any part of a structure other than parts herein specifically excepted. Yard, Rear. A yard extending across the full width of a site between the rear lot line and the structure closest thereto;. the depth of a rear yard is the minum horizontal distance between the rear property line and a line parallel thereto on the lot touching ,any part of a structure, other than parts herein specifically excepted. Yard,,Side. A yard extending from the -front yard to the rear yard, or from the front property line (or street plan line) where no front yard is provided to the rear property line where no rear yard is provided the width of the side yard, is the minimum horizontal distance between the side property line and' a line parallel thereto on the lot touching any part of a structure, other than parts herein specifically excepted. 2t ,—V-- Zoning. The act of regulating the use of land and the size of and location ofbuildings on the land, such regulations are designed to assure the t health, safety and general welfare of a community. ' Zoning Map. The Zoning Map or Maps of the City of Petaluma, California ' datedl together with all amendments subsequently adopted.. ARTICLE.2 ESTABLISHMENT AND D,PS,IGNATION_OF„DISTRICTS SECTION 2-100 DISTRICTS FSTAPLI'S1IID A Agricultural District R-1 Single Family Residence Districts R-C Compact Single Family Residence District R-M-G Carden Apartment Residence District R-M-H high -Rise Apartment Residence District N :I C-0 Administrative and Professional Office District — 'I C,-N Neighborhood Commercial District C-C Central Conunercial District C-H I-tighway Commercial District M-L Light Industrial District M-G General Industrial District L�F-1/F-2 Y Floodway and Flood Plain Districts . H Historical Combination District S Study District P-C Planned Community District P -•U-D Planned Unit Development District ' SECTION 2-200 ANNEXATION OF TERRITORY I'r All territory hereafter annexed to the City of Petaluma shall be prezoned a as a part of that zoning district of the City of Petaluma recommended by the Planning Commission and specified by the City Council at the time of annexation p, 3 SEGTION'.;2-3001 GENERAL PROVI'SIONS', - - ' hxcep.t, ,as hereinafter otherwise provided,-.-,.,., I a A. 2-301 'No building or part thereof or other structure shall be ere ted e altered, added to_or enlarged, nor <�ha11 any land, building, structure or premises be used, designated or, int`ended'to be used .for any purpose, or in any manner other th«n is included amonb the'u'ses hereinafter listed as } permitted in the district in which such building, land, or. premises, ,is located. 2-302 No building or part thereof, or structure shall be erected, reconstructed or str,u'caurally altered to exceed in height the limit Hereinafter designated for the district in which such 1nriT'ding is located. I m' 2-303 No building or part thereof or structure shall be erected, nor silial'1 any existing building be altered, enlarged or re,bui'1„t 'or moved into any district, nor shall any open space be.encroached upon or reduced in any manner, except in conformi..ty to the yard, building site area, and building location ''teg,ul'ations hereinafter designated for the district in which,,such building or, open space, is located. 2-304 No yard or other open space provided around any building for the purpose of complying with provisions of thi,�; Ordinance shall be considered as providing a yard or open M ''f. sir 1{' iii ii i . ' .. ' .. I . I• ' ' ` r I, '''r • space for '.,a,ny other building and no yard or other open space on one'build'ing site, shall be considered as providing a yard or open 'space for a building on any other building site. 2-305 No s-ite'he,ld in one ownership at the time of the adoption of this ordinance or at any time thereafter shall be'reduced in ' I any manner" below the minimum area, 'frontage, width or depth pre''scrib`ed for the district in which the site is located. When the adoption of this ordinance results ,in a lot in a duly. 'approved and recorded subdivision, or a lot for which a deed or a valid contract of sale is on record becoming non- conforming in ;area, street 'frontage, width or depth, such lot may be. used, for any Permitted or conditional use approved''- according to procedures for conditional uses in the district i'. where it is located subject to the following additional',regu- '. lations 'on, 2-306 A The sum.of the widths of 'both side yards any such lot are not required to'exceed d thirty (30) percent of the • width 'of the lot. 2-306.2 Required side yards sha11 s than not be les.� t' IuI ten (10) percent of the width of the lots provided that a side vard shall not be required to exceed. the standard width for. the district in which it is located.. r V m 2 306.3 the depth of a reaulred rear yard of. any • such lot shall be ten (1_0) feet �enty i o r_ tV _ '.': • : (20) percent of the death of the lot, which- I',I ever i.s (Treater, Provided that a rear yard shall not he required to exceed the standard depth for the district in which it is located r r r r f 'F :.,^I, ..'Slti: . •i .:'. il� :rri:.:l: .: i iri ,. tit . C' '_;�I •'• • i III 'F „I �' i ,. .. 2-30,7.;-t When a •lot is made non.. -conforming in area, width, or depths,' 1 through condemnation, the -lot shall be considered a lega•i. non -conforming lot the same as a lot of record and be subr. °..' jest to the provisions of this Section. I 2-308 All uses, except those uses listed as permitted principal uses in the "A", n R-1n n , and R-C" Districts; shall be subr i jest to site plan and archi-tectural review in accordance,, with the provisions of Section 26-400. 2-309 Off -Street parking shall be provided for all uses in.a•11 districts in accordance with the provisions of Article 20. 2-310 Conformance with the performance standards set forth in Article 22 is required for all uses in all, districts. Cer- tain uses are required to submit to the performance stand- ards procedure set forth in Section 26-600; however, the fact 'that such procedure has not been required for a par- ticular use, in no way relieves such use from the neces- sity of meeting the standards. 31 4, ARTICLE ";3. j ZONING MAPS SECTION, 3,-100 DESIGNATION OF DTSTRI'CTS The d'e,s,gnations., locations and boundaries' of the Districts set forth in Article-2, shall be shown on the Zoning_ Maps of,the City of Petaluma. Said 1 Maps and all notations, 'r,eferences, data and other information shown there- 1 on shall be and are .hereby, adopted and made'a part of this Ordinance. Said I Maps, properly attested, shall be and remain on file in the offices of the I Petaluma Building Department. !SECTION 3-200 DISTRICT'.BOUNDARIES The district boundary lines are indicated on the Zoning Maps. Where uncer= tainty exists a's to the, boundaries of any District as shown on the Zoning I "Map the following rules shall apply: I • 1 3-201 Wherever the zone boundary is, indicated as being along or approximately along a street, alley, the center line of a block or a prop erty p p line then .unless otherwise definitely indicated on the Map, the ce=rater„line of the street, alley or bloek,,or the property line.,,shall be construed to be'the boundary of the zone. 3-2,02 Where the location of a zone boundary line is not determined 1 by the above rule, and is not 'indicated by a written dimension, I the bound'aties shall be located by,the use of the scale'ap- i peari'ng'on the Map. I 1 3-203 Where the application of the above rules does not clarify the zone boundary location, the Zoning Administrator (Planning iC`I' 7 A n III "'. I i 1 I.. •Y .. e �� f " Director)-. shall interpret • I. the -,Map, and''by'written decision I I determine the location' bf.'the'" zone boundary and shall advise the City Planning; Commission and City Council of his decision..- 1 I , I' I I ;1 I I , II, I I v 8 ARTICLE- _4 — --SCHEDULE -OF-BASIC. REQUIREMENTS --FOR- -ALL-- DISTRI CTS - Minimum Minimum Maximum Min. Aggregate Usable Min. Min. Min. Allow- Min. One Both Min. Maximum_ Oren Space Lot Lot Lot able Front Side Side Rear Height of Per Area Width Depth Coverage Yard Yard. yards Yard Principal Dwelling Unit District :(sq._ft.) (ft.) (ft.) M (ft.) (ft.) Building (sq.ft.) A 4&,000 150 150 4D 20_ 50 40 2 1/.2 stories • or 25 ft. R--1 20,000 20,000 100 130 30 10 25 30 R-1 10,000 10,000 75 1001 25 8 20 25 " R-1 8,000 8,000 70 100 25 6- 15 20 if - R-1 6,500 6,500 65 100 25 5 -15 20 - R-C 3,0001 30 100 202 none3_ n_one3 .25 '" 600 R_M_G 6,000 60 100 40 204 6 15 25 3 1/2 stories 300,per efficiency or 30 ft. 400 per 1 bedroom' = '500 per 2-bedroom - 600 per 3+ bedroom �. R-M-H 2O,000 100 100 40 205 20 501. 20 10 stories Same as R-M-G District C-0 6,000 60 100 50 15. none none6 256 4 stories or 50 ft. 6,000 60 100 50 15 none? none 20 2 stories C -N or 30 f t . C-C 2,000 20, 100 60 none none none none 6 stories nr hO ft ' 10,000 60 100 60 109 none9 none 109 3 stories C-H or 40 ft. Schedule of Basic Reg;u=irements for All Districts, continued _. Minimum - - Minimum - - Maximum Min. Aggregate Usable Min. Mina Min. Allow- Min. One Both Min.. Maximum Open -:Space* - Lot Lot -Lot able Front Side Side Rear Height of- Per Area Width Depth Coverage Yard Yard Yards_ Yard Principal De1:liii Unit g_ District (sq_.ft.) (ft.) (:ft.) (%.) (f.t.) (,ft.) (f.t.) ("ft.-) Building- (sq ,ft_,..) M-L 20,,0,00 -100 100 50"- 2510 20 N.A.- 2-5 3`:Stories or 40 M-G 40.,00.0 .1°00 1-00 60 25 1012 N.A. 25 None11 F-1 In —accordance with district being comb-ined with, or subject to determiTation by Zoning_"Administrator. F_2 n CDn - „ � 1)- For each dwelling unit on an,Individua-1 lot. 7) Except as provided for in Section 11-500 2) Except as p.rovided for in Section 7-601.1 80 " " " " 12-600 • 3) „ „ „ „ „ „ 7-603 9-) „ „ „ h3-600 4) „ „ �� ,� „ ,� 8-601 10) ,� ,� „ �� „ , 14-600 5) „ ,� ,� „ „ 9-601 11) „ „ „ 15-500 6) if it if if if 10-600 12) „ „ �, „ „ „ 15-600 d ARTICLE5 AGRICULTURAL DISTRICT ST CTION 5 -10,00 PUP.POSE To pr.eserve'blocks of agricultural land (both prime and non -prime) in agri- cultural or open space use, which either have a definite public value as open space or which a.r'e intended for eventual development in other uses, pending proper timing for'''the .economical provision of utilities, major streets, and other facilities, so that compact orderly development will i . iccur. SECTION 5-200 PERMITTED PRINCIPAL USES. 1 The following are the pr ftci al uses p permitted in the A District: II I 5-201 Agriculture, as defined herein. I 5-202 Ranch and farm dwellings ap,purtena,nt to a principal agri- 1 cul'tural use. ,f ' 1 5-203 Public .park-s . SECTION 5-300 PERMITTUED ACCESSORY USES' The following are .the accessory uses permitted in the A District: 1 5-301 Living quarters of persons .regularly employed on the i 5-302 I i 5-303 premises; but not including labor camps, labor dwellings, or other accomodations or areas for transient labor. Cue;st houses, not rented or otherwise conducted as a business, and established in accordance with the pro- visions of Section 21-201.2. Home occupations, subject to annroval by the Zoning Administrator -Planning Director of a home occupation cxuestionnaire and statement to assure compliance with the nrovisions of Section 21-202. I. 1,1 5-304 Private garages and,off-str:,eet parking area's. II' 5-305 Signs, _in accordance with the provisions of Section 21-204. rr; 5-306 Other accessory buildi.ngs.customarily appurtenant to a per- I mitte'd use; (subject to the requirements of Section 21-201. SECTION 5-400 CONDITTONAL USES' The following are the conditional uses in the A District, in accordance with the provisions of Article'2,1 and Section 26-500'. 5-401 Dairying, poultry farming, the keeping of cattle, horses, sheep, goats, pigs, and ,th'e rental of horses provided that a 'build-ing or enclosure in which animals or fowl, except I I domestic flo'cl.s and domestic pets, are kept shall not be . located, closer than fifty (50) feet to any lot line of the propef'ty on which it is located;, not closer than one hundred (100) feet„to any lot',line of a lot in any Residence or, i C-0 or C-N District. The standards in this sub -section i shall be considered minima and may be increased as a con- dition of the issuance of a conditional use permit when, in the opinion of the issuing authority, such increase is nec- I' "ess�ary for the protection of the public health and welfare. "the � 5-401:.1 numbers of animals which may tie maintained on any, parcel shall conform to the following standards: " (1) No more than one horse, or one cow, or one donkey, or four sheep, or four goats are kept I'Jil on lots containing one acre or less. (2) Additional animals may be kept on lots containing. more than one acre on the basis of one horse or one cow or one donkey or four sheep or four goats for each additional whole acre. a' N_umbe' , of Animals, Per ,Acre Idors'es", Catt,le or, °Pigs_ _ . .-She 'or Goats ` Fowl, �Les's Th'an,' F,'ve..Acres Fiveto�Ten'`A� cr-e,s f More 'Tl1' aw Ten Aores I -- --- 'Sale 5-402 of agricultural products produced on the premises, pro- vid' I tia,t no, building or structure shall be erected or vided main- tained .primarily for such ,sale,, other 'than a temporary one- story bui.lding.having a floor area not exceeding 2,.000 square fbet,riot ,mote than one third (1/3) of total floor area shall "sale be; for display and retail of products grown off the premis(E�,s. Display of produce shall be set back 20 feet from a11.,,,s':treet or -lot line.s.I 5 -403 ' 5-404 I 5 -405 5'-406 1 5 -407 1 I . i , I I Pr' vatenon-commercial .retrc:dt'ibn- areas, uses and facilities, 1 including country clubs, swimming and golf courses. Guest „ranches , kennels, veterinary offices and animal hospitals. Minels, quarries, and gravel p.its,''kn accordance with the pr•o- i visions of Section 21-404. . 'I Private airports and landing strips. I Public and quasi -public buildings or structures' and uses of. an administrative, educational, religious, cultural, or pub- lic service type. I ,i 13 1 SECTION 5=500. HEIGHT ,RI;GZTLATIONS _,. No structu e. sha11,exceed two and one=hal-f (2 1/2),stories or twenty-five (2-5) feet in height, except as provided in Section 24-100. SECTION 5°-600 ART&, LOT WIDTII AND NTS YARD REQUIREMENTS The following minimum requirements shall be observed, except where increased for conditional use's: Yards " Class- Lot Lo•t One Agor'egatc ,L-at ification Area `dth'°' Depth Front Side Both Side ti� Pear A 40,0.00 150 150 40 20 50 40 ft. ft. ft. ft. ft. ft. ft. i �i1• . ! ! i „ 14. ART,ICLE 6` ' R`-1 ONE -FAMILY KliiII)EN"1'.idE1L ,))15;1:K'LUTIi'. ISECTION 6-10,0_ PURPOSE I~ iTo provide areas within Petaluma where„existing single-family dwellings may ;be protected .and ,.to, encourage the development of: new neighborhoods of single- (family dwellings_. The R-1 Difstrict is intended to,accomodate groups of ;single-family homes .together with the schools, parks, open spaces, and other ;public services required for a. satisfactory ,family enviornment. The range of ,'1111density '' classes indicated for the R-1 District is ,in`tended to permit the im- `Iplementation of the c�ensi-ty recommendations of the General and Environmental Design Plans, and' to permit harmonious.,development,o.f residential districts `with different -.density characteristics. 1 (SECTION 6-200 PEP.MITTED PRINCIPAL USES (Following are the pxi.•nci°pa.l uses permitted in the R-1 District: 6-201 One -family detached dwelling. 6-202 Raising of fruit and nut trees, vegetables, and horticul-tural specialties. i SECTION 6-300 PEP.MTTT.En'ACCESSORY USES �F,ol,low.ing, are :the accessory .uses permitted in the R-1 District: ' 6-301 Rooming and boarding of 'not more than three (3) 'persons I per dwelling unit. 6-302 Living quarters of persons regularly employed on .the pre- ,,, misq,s; bu,t,, not including labor :camps and dwellings for , transient labor. ; 15 i 6=304 6-305 6=306 Home occupations, suhject to approval by the Zoning Administrator -Planning Director of a home occupation questionnaire and statement to assure compliance with the provisions of Section 21-202. Private garages and off-street parking areas. Private swimming pools, exclusively for the use of the res- idents and guests, in accordance with the provisions of Section 21-203. Signs, in accordance with, the .provisions of Section 21-204. 6-3.07 Other, accessory buildings customarily appurtenant to a per- mitted use, in accordance with the provisions of Section 21-201: j SECTION 6-400 CONDITIONAL USES Following are the conditional uses in the R-1 District in accordance with the provisions of Article 21 and Section 26-500. i 6-401 Public and quasi -public buildings and uses of an educational, religious, cultural, or public service nature, but not in- cluding corporation yards, storage or,repair yards, and ware- houses and similar uses. 6-40.2, Temporary tract offices, model homes, and tract signs, in accordance with the provisions of Section 21-406. 6-403 Public and private non-commercial recreation areas and facil- ities. such as parks, country clubs, golf courses and swimming i 16 t Itl .. J -- - .. - to .. _ .. • ni r 7 pool 6-4'04'r:.J:;;'. r. Dwel'1'i'ng' groups, in accordance 'with the provisions of Sec- t'io'n' '21 6-405, "' The non-commercial keeping of horses, cattle, sheep, goats and livestock on lots or parcels over 40,000 square feet, with not less than 100 feet in width and under one owner- ship ,subject to provisions of Chapter 4 of the Petaluma City Code,o,f 1958 and further provided that: 61-50'4.1 No animals are kept, fed' and maintained within fifty (50) feet from .a residence on any adjoining parcel, ® I , � 6-405.2 .No.more than one horse, or; one cow; or one donkey, or four sheep, -or four goats are kept on lots con- taining one acre or less. I�� 6-405.3 Additional animals may be kept on lots containing more than one acre on the„b,asis of one horse or one cola or one donkey 'or f'our'.sheep or four goats for each additional whole acre. SECTION 6-5'00`" HEIGHT RECITT.ATl'ONS I No principal building shall exceed two and one half (2 1/2) stories or twenty- five (25) feet in height, and no accessory building shall exceed one and orie I I Half (1 1/2) stories or fifteen (15) feet in height, except as provided in Section 24-100. I 17, I , ,. r to„'. TTON 6�. t"" AREA 6,00 ' L0T W, DTId, AND YARD RF iTIP:Ifi2F"NTS'' " following minimum The f in'g equirement' r _ s shall:'be "o s'e v rved�exc'ept where increased ' f,or"Conditional;.Uses. The minimum lot area reiir.ed q shall be one of the fol- lowing for .,this di,strc,t _classification as designated" on the Zoning Map - Yards In Feet Lot Lot Lot Aggregate Classi- Area Width Depth P One Both ,if icot ion Sq. Ft. Ft. Ft. Front Si.cl'e Side Rear R-120,000 " 20,000 i 100 130 30 10 25 30 !R-1 llO,000 10,00.0 75 100 25 .8, 20 25 R-1 8;OQ0 8,000, 70 100 25 6 15 20 ;R-1 6,500 6,500 65 100 25 5 12 20 I I I ". 18 :'r;l6 .. is;%• :e',; •'i;. q,c a*. i :>:i •L. i, al. , .. _ - ?ti:: _ ... rt«.. ., _ ARTICLE 7 R C„COMPACT SINGLE-FAMILY. RESIDENCE DISTRICT 1 SECTION 7.'-100 PURPOSE 'To prov,i_de-areas within Petaluma where attached',, detached, and semi attached , d'well�ings. may be 'c'onstructe'd under variouso wner'sh'iP P atterns including con- dbminium';"cgope'ra'tive, a parcel and one or more buildings in one'ownership, and individual owner -ship of 'a building and its s;'ite. The District is inten- �11d'ed to produce a higher density and more intensive use of land than the R-1 Mstrict,; while maintaining' the direct relations';hip of each dwelling unit to ilts own building site. The District is further"intended to achieve efficien- clies in the Iprovis-ion 'of' streets and utilities _a.nd''to encourage the provision 'I s Of usable open space., SEECTION ' 7-2'QQ PERMITTED PRINCIPAL USES l 1 The following are 'the principal uses permitte'd'in the R-C District: 7-201 Attached',, detached, and semi -attached one -family' dwellings i and diip,leKe's . SECTION 7-300 P.,ER�IITTEP ACCESSORY USES I The following are the acces:so,ry uses permitted in'ithe R-C District: 7_3 I0 1 7-302 7-303 I I 1 I' Rooming and boarding of not more than three (3) persons per dwelling unit. .'Private garages 'and off -street parking areas. Private swimming pools, exclusively for the use of the resi- dents and guests, in accordance with the provisions of Sec- tion 21-203. . 19 I '�I r Y rh uTu , •• _ .y I V, 10' 4 'I' .4 7,3`04.; > :-; Signs.".in accordance wi.trh the 'p:rovisions of Section 21 y204 :. 7.7305 Home occupations, subject to approval by the Zoning Administrator -Planning Director of a home occupation questionnaire and statement to assure compliance with i • the provisions of Secti on 21-202. j. T-306. Other accessory uses and accessory buildings customarily t d the ro- EM � I I appu'rt,enan to a perm, Le use,, in,accoi ance wi p visions of Section 21-201. SECTION 77400 COND.-ITIONAL USES The following are'the conditional uses in an R-C District, in accordance with the provisions of Article 21 and Section 2,6-500. 1 7-401 Public and quasi -public buildings and uses of a recreational, educational, religious, cultural, or public service type; no't including corporation yards, storage or repair yards, and warehouses. 7-402 Temporary tract offices., model homes, and tract signs, in accordance with the provisions of Section 21-406. 4V SECTION 77500 ' H'EIGIIT REGULATIONS No'principal building shall exceed two and one half (2 1/2) stories or twenty five (2'5) feet in height; and no accessory building shall exceed one (1) s-tory or fifteen (15) feet in height, except as provided in Section 24-100. SECTION 7-600 AREA, LOT WIDTH AND YARD RE,QU'IREMENTS The following minimum requirements shall be observed, except where increased for conditional use's. 20 • 'ice, ,. V I- - ., iv ,a _• '' i, ' ., ! . i .. •„ 7-603. yy'A.rea, ,R'equirezrient . For- a du eflling unit on an. individual _lot any Iot"' ritend`ed' `f'o'r a orie=dwelling unit. slua.11 not be less than 3�,060 square feet in area and be not less than thirty (30) feet in width, nor less than one hundred (100) feet in dep:th . 7-602 Area`Requirement. For more than one dwelling unit on a lot; , anyilot 'intended for more than one,.dwelling unit shall con- tain 'three thousand (3,000) square feet for each dwelling unit occupying such lot. 1 1 1 1 1 1 1 7-603 Yard Requirement. Any development in which each individual dwelling occupie's a parcel of'land directly fronting on a public street shall provide the following yards: Front, Yard: 20 feet Rear Yard: 25 feet Side Yards: None, except: 1. As provided in Section 24-301. 2.'Wherever a side.yard is provided on an interior lot, such yard shall not' be less than six ('6) feet. 7-603.1 The':°front yard dimensions set forth'her.ein shall be subject to the requirement that on any lot'the front of the garage or carport shall not be closer to the front lot line than twenty five (25) feet. 7-604 Any development- in which one or more dwelling units fronts on a court, 'or, on 'a p,riva`.te street shall be subject to site plan approval, in accordance'with the provisions of Section 21 i-- i ' 26 4'0'0. n n an R- District, 1 I' re, t;e pia s „i C specia viewing s, at.tent_ion, 'shall bier " �' ,' ;'o' ah,e''fallow-ing considerations: given r 7-604.1 Safe and adequate interior vehicular circulation and conveniently located,off-street parking for x each unit. 7-604.2 Usable open space. for each dwelling unit, with the provision of a minimum of 600 square feet of usable • I I space per dwelling unit. Such open space may be attached to each individual unit or a portion of such space may be available for ,coiirnon use. I 'The 'of in to the 7-6'04,,•3 scale and siting buildings relation , I existing or anticipated development of the surround- ing area. I fl,.I I „' 22 1 1 1 1 1 1 1 1 1 1 ARTICLE '8 R-M'-G CARDrN APARTMENT RESIDENCE DISTRICT SECTION,8-1.00 PURPOSE To provide areas within the City'of Petaluma where multi -family housing at low to moderate densities and characterized by individual and common land- scaped open space may be e'stab'lished. The R-M-C District is intended to accomodate apartment houses up to three stories in height, together with .the private and public open space, schools, and public facilities required I for a satisfactory family environment. Also accomodated as conditional uses care mobile home parks,provided that develc.pment standards and both minimum ;and maximum densities are adhered to. SECTION 8-200 PERMITTED PRINCIPAL USES The following are the principal uses permitted in the R-M-G District: 8-201 8-202 SECTION 8-300 8-301 8+-302 8-303 8-304 Multiple dwellings Attached or semi -attached town houses. PERMITTED ACCESSORY USES Rooming and boarding of not more than three (3) persons Signs, in accordance with the provisions of Section 21-204 Professional Offices; home occupations, subject to approval )Dy the Zoning Administrator —Planning Director of a home occuration questionnaire and statement to assure compliance with the provisions of Section 21-202.1 Other accessory buildings such as garages and carports cus- toinarily 'appurtenant to a 'permitted use in accordance with the provisions of Section 21-201. 23 _ .. SECT.I`ON :F�-4°00 CONDIT IONAL :USES,,, - The following are the con e's p rmitted i d'itional us, ri the R-At-G District, - in accordance with the provisions of Artic°le 21 -and Section 26-500. .`i 8;-401 Mobile Home Parks in accord'ance,w,ith the provisions of Section 21-405. j 8-40.2 Dwelling groups, in accordance- with the provisions of Section 21-402 8-403 R'oom'ing and Boarding houses. 1' :8-404 Social ,halls, lodges,'fraternal organizations, and clubs, i excep':t those operated for a profit 8-405 License'd'.nursing homes Ad 8-406 Hospitals and convalescent hospitals 1 i 8-407 Homes for the aged 8-408 Park'-Ing garages 8-409 Public and quasi -public buildings and uses of a recreational, educational, religious, cultural or public service type; but not including corporation yards, storage or repair 'yards, and warehouses. SECTION 8-500 HEIGHT „PEG.nATIONS No principal building shall exceed either three and one-half (3 1/2) stories k , 1 24 I or thirty (30) `feet iri height and no accessory buildin- shall exceed either two (2:) stories or twenty-five (25) feet in height, except as provided in Section 24-100. SECTION 8-600 AREA, LOT WIDTH, AND YARD REQUIREMENTS The following minimum requirement shall be observed, except where increased or, in the case of coverage requirements, decreased with conditional uses. The minimum requirements shall be the following as designated on the Zoning Map: Max. Yards in Feet Lot I.ot Lot Allowable Aggregate Area Width Depth Coverage One Both District (sq.. ft.) (ft.) (ft.) M Front Side Side Rear R-M-G 6,000 60 100 40 20 6 15 25 8-601 The front yard dimensions set forth herein shall be subject to the requirement that on any lot the front of the garage or carport shall not be closer to the front lot line than twenty-five (25) feet. 8-602 The site area per dwelling unit shall be at the rate of 1,400 square feet per efficiency; 1,500 square feet per one (1) bedroom; 1,900 square feet per two (2) bedroom; and 2,400 square feet per three (3) or more bedroom apart- ments. 8-603 The area of usable open space shall be at the rate of 300 square feet per efficiency; 400 square feet per one (1) 25 bedroom;;500 square feet per two (2) bedroocr.; ,and 600 square 1 bedroom feet per three (3) or more apartments. ' 8.-604 The area,of. usable private balconies can be counted for up to twenty-five (25) percent of the usable open space require- ment. A usable private balcony shall be not less than six ' feet (6) in its least dimension and have an area of not less I than sixty (60) square feet. At least one half the perimeter of the balcony shall be open except for the required railing. A usable balcony shall have direct. access from a principal' room of the apartment it serves. 1 1. • i -' 9-6 I? ARTICLE 9. R =M°=H HIGH-RISE AFARTME_RESIDENCE SECTION. 9-100 PURPOSE, To provide areas within the City of Petaluma where the predominant use will be high, -,rise, multi -family dwellings. The R-M-H District is intended to provide a convenient high -density environment primarily for single per- . ' sons and couples without children. SECTION °'9-200 PERMTTThp PRINCIPAL USES The following are.the principal uses permitted in the R-M-H District: e ermitted in the R=M-G Garden Apartment Residence, 9-201 Any use permitted p District i 9-202 Multiple -Dwellings, high-rise. I { SECTION 9-300, PERMIT,TFD ACCESSORY LTSES - -- - --- The following .are the accessory uses permitted „in the R-T4-II District: j9-301 Any accessory use permitted in the R-M-G Garden Apartment ' Residence District, in accordance with the provisions of I Article 21. SECTION 9-4'00 CONDITIONAL USES The fo'l•lowing are the conditional uses permitted in th,& R.41,-.II'-District, n in a"ccnrdance with the provisions of Article 2,1 and. Se't;ionj26-500 � i I 9-401 Conditional uses permittedin the R-1t=G.G,ir.den Apartment ' Residence District, except for Mobile Home-Park's 9-402 Potels, motor hotels 27 t 9-4,03 Rooming. and bpxd ng .ho'use"s 9'-404:" I'n'c'id'entaI services, such as restaurants and retail sales to serve residents may be permitted, provided there is no exter:ior evidence visiblie'"from any street frontage or any display of advertising, and ;such activitie's are conducted in 'spaces which are integral parts of a main building. SECTTON 9-500 HEICT17,'REGibLA.TIONS No principal bu'ildiing shall include "more than ten (10) stories, total, and no accessory building shall exceed two (_2) stor.ies or twenty-five (25) feet . 1 in height, except as'provided in Section 24-100. SECTION .9-600 ARrA.;, LOT 14TPTII, AND YARD RI!OUTREMENTS The following .minimuni`requirement-, shall be observed except where increased or, in the case of' cover,a�e'requirements, decreased for conditional uses. The minimum requirements shall be the following is designated on the Zoning Map' I Yards in Feet Max. Aggregate Lot. ~Area Lot Lot Allowable'' One Both. Width Depth Coverage Side Side District (sq. ft- (ft.) (ft.). (%) Front Yard Yards Rear R-M-11 20,000 100 100' 40 20 20 50 20 The front yard dimensions set forth herein 'shall be subject to 'the requirement that on any lot the front of the garage or carport s-hall, no;,t be closer- to the front lot line than twenty=five (25)'' feet. 28 B'de ano rear yards specified above shall he tzur ased it tie :rak of two Q) feet per side yard or rear yard, end front ;lards at .the rate of one (1) foot per front yard EA each story over two (2) contained in a multi.-famLly duelling. The area of usable open space shall be at the rate of 300 squAre feet per efficiency; 400 square feet per one (1) bedroom; 500 square feet per two (2) bedroom; and 600 square feet per three (3) or more bedroom n,:artatan1.:r-,. The area of usable'private balconies can be counted for up to twenty-five (25) percent of the usable open space require- ment.' A usable private balcony shall be not less than six (6) feet in its least dimension and have an area of not less than sixty (60) square feet. At'least one half the perimeter of'tW& balcony shall be open except for the required railing. A usable balcony shall have direct access from a principal room -of the apartment it serves. 29 10 AD NIST�TIVr AN'EcO PPROP---._._.--- _O...r-_iI_C_r_.._.._._T_.S-_T-P--I.-C--TATICLF „. _-- ... jSECTTON 10-10,0 Pl1RvPOSr It is the purpose. of the C'-0 District to' provide for concentrations of Inon-retail intensive busine"s,s and professional offices at locations where use of land i,s d'e'sir.able and to reserve appropriate- land adjacent or close to hospitals for related medical offices and services. While offices pro-• _ I vided for in the C-0 Dist:ricit would also be permitted uses in other com- distr,ict's, concent.ra,tions of such offices would be inappropriate 1 imercial � yin essentially'reta'il and business districts. It is an aim of the C-0 ;District to avoid such concentrations in other commercial districts. 1 SECTION 10-200 PERMITTED PRINCIPAL USES The following are the ,principal uses permitted in the C-0 District: dental 10-201 Medical., optical and offices and clinics. 10-202 Administrative, executive and editorial offices. ' 10-203 Profes.s,onal offices (for” lawyers, engineers, architects, and'' tfie' like) . 10-204 Financial offices, including banks. and real-estate,, and other general business offices. 1 ' SECTION 10-300 PEMNIITT;ED ACCESSORY USES The following are the accessory uses permitted in the C-0 District: 10-301 Incidental services, such as restaurants, pharmacies, and retail s,a les to serve ,occupants and patrons of the permitted uses, when conduct'e_d and entered from within r 30 ; ,z -,the building;, provided t:.%Zere•is no display or advertising ~rhe visible aL or '1)e,yond Pxnpe�c ty `li inc, 10-302 Signs, in accordance "VAth HIP E.rovisions of Section^21-204 '10-303 Customary laboratory work, when done in conjunction with 10-201. t. permitted uses in Section ' 10=30!+' Accessary uses and builidr�f*,s customarily appurtenant to a'pe.rmitted use, such as incidental storaga facilities, • i in accordance with the provisions. of Section 21-201. 10-400 ITSES SFCTTON CONDTTIONALI, The following.are the conditional uses in the•C-0 District, in accordance with the provisions; of Article 21 and Section 26-500: 10-401 Medical; optical and dental laboratories, not including ,i the manufacture of pharmaceutical or other products for general sale or distribution. :10-402 Public and quasi -public uses appropriate to the District, such as hospitals, convalescent hospitals, and professional, business and technical schools, of a,public service type, but including storage or repair 1 -not corporation yards, yards and warehouses. ; SECTION 10-500 HE-ICIIT, RECIILATIONS p g (} y ( ) No°.prince a1' building shall exceed four 4_ stories. nor,• si'xt 60 feet in height, and no .accessory building shall exceed, one (1)`story or fifteen r (15) feet in height, , except as provided in Section 24-100. •,� 31 SECTION '10'-600 9P.EA, hOT,,,WIDT;iI, AND YARD_ . REQUIREIME NTS The following minimum requirements shall be observed, exc.epr,: There increased for conditional uses. I lax i mv.m Lot Area. . L.o•t Width Lot Depth Alloiaab!e ' District t.u C vn r C-0 6',,000 60 100 50% `Yards in Feet !Side�....___�. Rear 15, except when abut "' None, except wren abut- 25, except when )ut- .ti.ng o.r fronting,any ting or fronting any'R ting any R D-ist..rict, R District,, the n,;not District, than not Less Men not less than re - less, than required in t1van required in said quired in said k llis- a" said R District. 'R D'istrict. trio. I' 32 SECTION 1.1- .010 PURPOSE To provide a center for convenience 'sfiop'ping in the residential. c.omrnur,.- ivies and neighborhoods of Petaluma. C-N Districts shall be established in the general Tocat.ion.shown on any adopted Plan for such residential area, or where analysis of residential population demonstrates that such • 'i facilities are r,equi.red. It is the purpose of the C-N District to pro - vide for a group of retail and service uses adequate to supply t1le day- ' to=day needs of the surrounding area, but n'ot to permit the deve.l.opment of,a conunercial, center of such scope and variety as to attract substantial volumes of traf"f'ic'from outside the neighborhood. SrCTION 11-200 PFRMT-TTED PRINCIPAL USES The following'°are the principal uses permitted in the C-N District: 11-201 Any local retail business or service establishment, such as a grocery, fruit or vegetable store, bakery, i i drug store, barber and beadt.y shop, dry cleaning and laundry pickup station, business ox professional office and the like`, supplying- commodities or performing ser- vices primarily for residents of the neighborhood. 11=2,02 `Restaurant, cafe and soda fountain, not including en- °°tertainment or dancing or sale of'alcoholic beverages for consumption on the premises. 11-203 Commercial parking `lots, for' passenger vehicles, in ac- cordance with the provisions of Section 20-400. d SECTION 11-300 PERMITTED ACCESSORY USES ' The following are the 'accessory uses permitted in the i;-N District: 11-301 Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage faeil- ' itie.'s, in accordance with the provisions of Section 21-201. 11-302 Signs, in accordance with the provisions of Section 21-204 . SECTION 11-400 CONDITIONAL USES The following are the conditional uses in the C-N District, in accordance with the provisions of Article 21, Section 26-500. ' 11-401 Public and quasi -public uses appropriate to the C-N District. 11-402 Auto service stations, in accordance with the provisions ' of Section 21-403. ' 11-403 Social balls, lodges, fraternal organizations and clubs. 1 11-404 Entertainment, dancing, or sale of liquor, beer or other alcoholic beverages for consumption on the premises. ll-'405 R-M-G residential uses, on floors above the ground floor., ll-406 Shoppinc7 Centers with a maximum area of 3 acres. SECTION 11-500 HEIGHT REGULATIONS ' No principal building shall exceed two (2) stories or thirty (30) feet I in height and no accessory building shall exceed one story or fifteen (15). 34 :feet..in.heigh't, except as provided in'Section 24-100. -�SECTIONAREA., I:OT WIDTH AND YARD RT'QUIR,cMI-WTS !The following minimum requirements shall be observed, except where increased 'for conditional uses: Lot Lq,t„ Lot Maximum Area Width Depth Allowable District LsgLft.) (Et.)_ (eft;) Covec_ae Front Side Rear C-N 6,000 60 100 50% 15 None, except 20 when abutting an R District, then not less than fifteen (15) feet. 35 f , ARTIChE i12'' C-C'' �;E'NTRAL sCOM_MFRCS�AL DIS,TRTCT . -.•' _'I SECTION 1�2-100 �PiJRPOSE•� To provide a.cbmple,te, and intensive'commercial center ,for the City o Petaluma-. The C-C D`is,t'r.ict provisions are i'nt.ended to stabilize, im- prove; and protect: -the commercial charactpni,sti.cs of the Central Bus'i-- ness' 'District,- as we11 'as to provide, for appropria-te public 'and' quasi- public uses. SP&TON.12-:20.0 PFRMI,TTED PRINCIPAL USES, The following are the principal uses permitted in the C-C District. 12-20.1 A11 uses ,permitted :in the G-N District. 12,-2'02 Stotes,, shops, banks and offices serving the Petaluma market. area. 12-203 Ristauran'ts, cocktail loungers, night clubs where liquor, beer.:, or other alcoholic beverages- may be sold for con- isuilption on the premesi's..., 12-204 Private clubs and fraternal lodges. ''- 12-205 Hotels and motels 12-2,06 Fus,ine'ss and technical schools, and schools and stud+io,s for hot.o rah art, music and' dance. p g P y 'above floor. 1.2-207 R-M11.Residential uses, on floors the ground 36 SECTION' `12:-30'0 PERMITTED ACCESSORY USES .', The i:n11 owing-, are, t o accessory uses per-mi.tt�ed iii the C--C District. 12=30.1 Accessory uses and buildings. customarily appurtenant - to a'7perinitted use., in accordance with the provisions of Section 21-201. 12-3.02 "Signs, in accordance with the provisions of Section 2.t -2`04 . SECTION• 112-400 C60TTIONAL USES The following are the -conditional uses in.the C-C District, in accordance with the , provis'lons .of Article 21 and S'ec.tion 2'6-500. i 12-401 Automobile service station;lin accordance with, the pro- visions of Section 21-403,. -• 12-402 Public and quasi -public use°s appropriate to the C-C.Dis- trict. i 12=403 Theaters, bowling .�illeysdance halls, roller skating riri'ks, and other similar conunercial recreation-establ- 1'ishments . New automobile dealers °.1 1 12-405 Garages for minor repairs of j P autos. 12-406 Shopping Centers with a maximum area of 10 acres. 'SEC'TION 12=500 HEICHT RECI)I.ATYONS-, No p'rinc=pal building shall, exceed six (6) s.tories or sixty•(60) feet in he.ight.- 37 ,} r ^•'It" I I 'h,. u ��u,,. a f a .. " SECTION 12-600, . ''AREA" � � '� LOT , WIDTH • AND' 'YARD RrOU?REMFTITS • _ .. . ,. ' :,- The following mimum.r•equi-reme'n.ts, _ be m sha11 ob. s,erved, except where in- crea^sed for conditionaluses . Lot Lot Lot Maximum Yards in Feet Area Width Depth Alldwable District s .fit. (f,t-,.) (_ft.), coverage Front Side Rear { c-c 2-,QOO 2.0' l00 60% None None, except None, except "-'uhere abutting wheL•e abutting an R,Dis'.trict, an K District, ' then not less than 15•fee't. then than not less 15 feet. I i I , 38 - 1 ARTICLE`l3, C=H HIGHWAY, -COMMERCIAL DISTRICT SECTION 13-I00 PURPOSE To provide. suitable locations for wholesale, heavy commercial, and in- dustrial establishments, and retail and service establishments usually locating in proximity to highway traffic and designed to serve the tra- velling public. SEC_following 13-200 P'ERMT_T_T'ED PRTNCTPAL USES e ' I + 'Mowing are thep'r:incipal uses permitted in. the C-II District. - 13-201 Automobile dealers for new or used cars, sales and rental establishments for trailers, mobile homes, boats,,i' farm equipment, tools and other household equipment, 1 and automatic car washes. 13-202 Amhulance services, mortuaries, crematoriums, colum- bariluns.: 13-203 Motels. 13-204 Nurseries, green houses, fruit stands. 13`-.205 Peal estate and insurance offices. 13;206 Restaurants' refreshment st-ands, and bars. 1.3-207, Retail shops for the sale of auto parts and accessories, souvenirs, curios, and other products to serve the tra- velling public. 39 SECT.I6x 13'-3 0 PERMITTED '.ACCESSORY USES The following a,r - e• the .accessory tine, s pI e x-mitted in *he C-i"I District. r 13-:301 Accessory .rises and ,buildings customarily appurtenant to a permitted use, in accordance with the provisions of Section 21-201. 13-3'02 Signs, in accordance with the provisions of Section 21-204. SECT,iON 13-400 CON�.ITTONAL USES � � A � he lowing t in the C-H District, in The -following ; are conditional uses accor- dance with the provisions of Article 21.and S'ec'tion 26-500. 13-401 Public and quasi -public uses appropriate to the C-lI District, public utility buildings and yards. 13-402 Wholesale establishments, s;to'rage and warehousing. 13-403 Building material sales yards not including concrete or hot mix asphalt mixing, con'tractor's yards,, and sales and rental of construction equipment. 13-404 Commercial recreation facilities such swimming as pools, bowling alleys, skating rinks, dance halls and drive-in theaters. I _ 13-405 . Carpenter, electrical, p plumbing, sheet metal and upholstery shops, printing and lithography, shops. ' ,. 40 13-406 Garages for major auto repair, tire recapping and retreading establishments. 13-407 Bakeries, creameries, soft drink bottling plants, laur_ar'ies, and dry cleaning plants. 13-408 Animal hospitals,_ veterinary clinics and kennels. 13-409 Shopping Centers. \ SECTION 13-500 IIETGIIT REGULATTONS No building or structure shall exceed three (3) stories or forty (40) fee.t, in height, except as provided in Section 24-100. SECTION, 13-600 AREA, LOT COVERAGE AND YARD REQUIREMENTS Lot Lot Lot Maximum Area Width Depth Allowable District �sq- ft�) (ft_) (fr— Coverage, C-11 10,000 60 100 60`. Front 10, except when facing an R Dis- trict, then no.,t less than 20 ft. Side None, except when abutting an R Dis- trict., then not less than 20 ft. 41 Rear 10, except when abutting an R Dis- trict, then not less than 25 ft. ARTICLE-14 M-L LIGHT INDUSTRIAL,DISTRICT Sr'CTTaN 1.4-1.00 PITRPo r. To Provide adequate and appropriately located a:°yeas to meei:. _"re =.as of modern industrial 'development, including off-street parking; -.nd .):uc'. "lo--.ding areas, acid landscaping and screraning. The types o�: uses ded for the M-•L District include light and specialized industrial uses I s wwarehousing and 'cthole'saling operations, and ad:Anistr,11'ivo and Nest.: blis�un�nts, ,all of: a non-nuisa.nr_e tvpe rcguiat:�u by �:ea Farm _:.c st rdards. SECTION 14�200 PUMIITTED PRIINCTPNI,�USES The following are the principal uses permitted in the M-I, District. ' 14-201 Manufacturing, assembly, or packaging of products from previously prepared materials such as cloth, p"ltsi-ic, paper, leather, precious or semi. -precious metals or stones, but not including such operations as saw and ' planing mills, any manufacturing uses involving, primary ' production of wood, metal or chemical products from rasa materials. 14202 Manufacture of electric and electronic instruments and devices, such as television, radio and phonograph equip- ment. 14-203 Administrative, executive, and financial offices. 14-204 Laboratories, research,,experimental, film or testing. ' 14-205 Wholesale business, storage, or warehousing, except for storage of fuel or flammable liquids. I 14-206 Motels or motor hotels. ' USES SECTION 14-300 PERMITTED.ACCESSORY ' The following are the accessory irses permitted in -_he P• L District. ' 1.4-301 Accessory uses and buildings customarily appurtenant to a permitted use, in accordance with the provisions of ' Section 21-204. ' .14-302 Signs, in accordance with the provisions of Section 21-204. ' SECTION 14-400 CONDITIONAL USES ' The following are the conditional uses in the M-L District, in accordance with the provisions of Article 21 and Section 26-500. 14-401 Public and quasi -public uses appropriate to the M-L ' District. ' 14-402 Manufacture of food products, pharmaceuticals, and the like, but not including production of fish or meat prod- ' ucts, sauerkraut, vinegar, or the like, or the rendering or refining of fats and oils. 14-403 Light metal appliance and steel fabricating shops and ' machine shops. ' 14-404 Bakery, creamery, soft drink bottling plant; laundry, dry cleaning and dyeing establishments. 14-405 Automobile body shops for the purpose of automobile re- " ' building and painting. ' 43 Orily when part' of a'. Manned Unit District, retail., com-- mprci.al., and office iisc.s necessary' to serve OPCMitterl -'.Is= s ' in' the M7, Di:stri.ct. Such conditional uses inctojde. Yes- taur,ants service stations b,auks. ins E; r.�ancc off:.c c.. and other similar retail, commerc,i.a,;?. rand office uses. SFCTTON 14-500 IIFTMIT RFCMATTONS No structure shall exceedthree (3) stories or fort * (--0) feet. in h.einht, except as provided'in Section SECTION 14-600 ARF_A,, LOT' COVERAGE' AND'Y[1RD�RT QTJTR.FI'IENTS Lot 'Lot Lot Maximum Yards in Feet Are,a' Width. Depth Allowable' District (sq:L-C.) (ft.) (ft.) Coverage Front Side Pear M-L 201,000 100 100 60% 25, except 20 25 Where f Icing an R District, ' then nor- "less than 50. " LPL} ARTICIE 15 M-G GENERAL.INDUSTRIAL DISTRICT ' SECTION 15-100 PURPOSE ' To encourage sound industrial development by providing large and exclusive :areas for such development, subject to regulation by performance standards ' to protect nearby residential, commercial, and industrial uses from hazards, noises and other disturbances or nuisances. SECTTON 15-200 PERMTTTED PRINCIPAL USES ' ;The following are the principal uses permitted in the M-C District.. 1 15-201 Manufacturing, processing, packaging, assembling, research, whol'es.ale, or storage uses,'except those listed as condit- ional uses in Section 15-400. 1 15-202 Railroad yards and repair shops, and freight stations, and trucking and motor freight stations. SECTION 15-300 PERMTTED ACCESSORY USES 1 The following are the accessory uses permitted in the M-G District. 1 15-301 Accessory uses and building's customarily appurtenant to a permitted use, in accordance with the provisions of ' Section 21-201. ' 15-302 Signs, in accord-ance with the provisions of Section 21-204. t 15-303 Incidental services, such as cafeterias to serve employees, when conducted on and entered from within the site. ' 45 1 I 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 , a ,. +t � `, ; S.� � '' .. . . ' � • ;. SECTION 15_-400 COND.ITI'ONAL USES_ The following are the conditional uses in the M-G District, in accordance with the provisions of Article 21 and Section 26-5,00. 15-401 Public and quasi -public uses such as major utility instal- ! lotions appropriate to location in the M-G District. i 15-402., Automobile and truck service stations, including major repair, in accordance with the provisions of Section 2i-400. 15-403 Automobile and metal appliance manufacturing and assembly, structural steel fabricating shops, machine shops, forges, ; and foundries. 15-404 Manufacturing of .alcoholic beverages or perfumes. 15-405 Poultry slaughter house, and meat packing, but not other stockyards or slaughter houses. 15-406 Sugar refinery. 15-407 Brick,o.r pottery manufacturing, stone or monument works. 15-408 Any manufacturing use, involving primary production of the following products from raw materials, subject to, review in accordance with the perfonnance standards procedure of'Article 22 and provided 'that such uses are located not less than five hundred (500) feet from the nearest R Dis- trict, C-N, or C-C District .or A District designated for 46 residential development in the Petaluma General Plan or.. ' Environmental Design Flans. 15-408.1 Asphalt, c.harc.oal, fuel briquettes. 1 15-,408..2 Aniline dyes, ammonia, carbide, caustic soda, cel- ,a lulose, chlorine -carbon black: and bon - e black, 1 creosote, hydrogen 1;,nd oxygen, industrial alco- hol, nitrates of an explosive nature, potash, ' plastic materials, and synthetic resins, pyroxylin, rayon yarn, and hydrochloric, nitric, phosphoric, Picrici a'nd sulphuric acids. 15=408.3 Coal, coke, and tar products, including use in ' other manufacturing; explosives, fertilizers, gelatin, animal glue and size. 1.'5-408.4 Turpentine, matches i P � � paint. 15-409.5 Rubber; soaps, including reduction of animal wastes. 15'-408.6 Flour, feed and grain mills; grain elevators. ' 15-40.8.7 Gravel, rock, and cement yards. 15-408.8 The following processes; nitrating of cotton or ; other materials; magnesium foundry; reduction, re- fining, .smelt-ing and alloying of metal or metal ores;, refining petrol&um products, such as gasoline, kero- sene, naptha, lubricating oil, distillation of wood �. 47 I , orabones _storage, curing or tanning of. r.aw, green or salted hides or skins. 15-'4'08.9 Stockyards, slaughter. houses except as allowed elsewhere in this Article; slag piles. 15-408.10 Storage of fireworks or explosives, except where. incidental to a permitted use. 15-408.11 Automobile salvage and wrecking operations, and l industrial me,tal and waste rag, glass, paper i salvage operations, provided that all operations { are conducted within a, solid screen not less than eight (8) feet high. I SECTION 15-50.0 HEIGHT REGULATIONS i None, except; within -two hundred (2.00) feet of any R District or A Dis- trict designated for 'future residential use in the Petaluma General or i ;Environmental Design. -Plans, no ,structure shall exceed three (3) stories or fifty (50) feet in height. Lot Lot Lot rfax-imum Area Width Depth, Allowable District (stq.ft.} (ft—). (ft.') Coverage. 'Front M-G 40,000 100' 100 60% '25`. I 48 Yards in Feet, S.ide Rear 10, except when ad- 25 joining an R Dis- tri:c,t designated for future residen- tial deve-topment in the. Petaluul:i G,�(IeL' ll 01' Y'I_1Vi[0C1LLle'-L1L.J1 Lla— Sii'11 L�Lc11LS , lalett 'Clot lc^ss thfnt 50. i ARTICLE..16 F-1,.+And F-2 FLOODWAY AND FLOOD PLAIN DISTRICTS . ECT-.fON 1,6-'100'' PUI:POSF To establish land use regulations for'prope'rties situated in floodways and in floodpaths so�a•s.'to prevent property damage and safeguard the public health',, sa'fe,ty and gene.ra'l welfare. Such.-regulat'ions are based on data j and engineering studies such as the Flood Plain Re.p,ort for the Petaluma _River prepared -for the Sonoma County Water Agency, June 1970, and further studies to be pr0v1ded•from time to time by the City Engineer, the Sonoma County Water Agency., or the U.S. Army Corps of Engineers. SECTION 16-200 RE-QUIRED CONDITIONS`„ 16-201 No building or 'structiire sha_1.1 be constructed, erected, moved, converted, altered,or enlarged, nor shall any 'othet condition be created, in the F-1 and F-2 Zones I which would tend to cause s-t:r,eam channel alteration, or affect the carrying cap"a''city of designated floodway or otherwise constitute a threat 'to life and property. 16-202 In any district which is combined with an F-1 or F-2 District, the re'gulations'of' the F-1 or F-2 Zone shall apply in addition to those specified for the underlying dis.trict- 16-203 Any permi.tted principal use; accessory use, or conditional use in 'An, underlying d strict'which';is not listed as a_ permitted' principal use or accessory use in the F-1 Dis- tri'ct shall be considered a conditional use in the F-1 49 1 `e�permitted only in accordance with the And may, b. 1. 4- provisions of �Sectibr 16 s03.3 16-2 6 4� t Or In 'c a s e s of 'dispute,, the Z o ming Admini�lt.�t:. (Planning 4 Director) .may require' the applicant to s-ubmit daa for ta -y, Engineer's review,, for the purpose o,f' de.te:r- the City 'mining effec-ts 'of flooding on a particular structure and/or the effec.t of the p.rop9sed structure on the flPod- way or flood plain-'; such data to he prepared by a qualif- ied., engineer. ,HCTTON 16 3 0,0 F - I REGULATED FLQODWAYL COMBINATION ZONE The F-l: Zone shall be applied to -those, area's within the City of Petaluma which lie within the ReguILated Floodway. 16;-301 Permwitt-ed Principal, Uses. The following are the prin- cipal uses permitted in the F-I D,i:s,tric:t,-,. 1643 01.1 Agriculture, as defined herein'. .16 3 01. 2 Open air private and public recreational facil 't'Le,s such as parks, golf cour'se"s, air, fields, and athletic. fields. 16-.-301.3- Loading and unloadiftg areas, •pa rking lots, and used car lots, provided there shall be no struc- tural improvements other than the paved drive — 'ways ox, parking areas, and in' accordance, with, the Article 26, provisions of 50' 16-301A Storage yards for equipment and material not sub- jest to major di image e%. s . 16-301.5 Circuses, carnivals anOL other similar transient amusement ent.e.r,prises , ' 1-6-301.6 Any other open type of use determined by the Zoning Admi.ni.strator (Planning, Director) to be of the same general character as the above per- mitted uses. 16-302 Permitted Accessory LJses, The following are the accessory uses permitted in the F-1 District: 16-302.1 An use customar" access r t y ily,_ o y o the above uses, which does not: require -the construction of per- manent structures. 16-303 Conditional Uses, The following are the conditional uses in the F-1 District, in accordance with the provisions of Article 21 and Section 26L,500. 1 16-303.1 Private and public„d'ocking,, mooring, and boat launching facilities, operated on a seasonal ' basis between the months of Ap.ri.l and September, inclusive; floating docks shall be sectional ' with no portion longer than forty (40.) feet and shall be removed'f.rom the F-1 Zone at the end of '. the season. - ••-.,--_=- -_ = ��s.-303:,2'�'Publc."unlit, t . ri ,. such y.and_p 'vat'e servace fac,ilities_T. ` as water and sanitation pipe lines, roads and b:rid- , ge,s, and similar- 'facilities,, providing such facil- i.•° ;; ? Y'' = -ites shall. 'be designed .and constructed so as :not 1 . •. 't'o• be appreciably damaged by :flood' waters and not to significantly restrtc:t the .carrying capacity g Y . of the designated floodway. 1 16-303..3 G'ommercial, ,ind'irsaria-1 and r.e.s'i-d-ential structures outside o.f the floodway,. but. 'wi•thin the area of - the regulated 'floodway, .subject to the ,following ' special conditions:. I(1) Such uses are permitted in the under- lying district. t �. (2) Structures shall be set back at least twenty five (25) feet from the top of the natural or improved stream bank when access for channel maintenance' of buffer space, or space for the reten- a tion of vegetation aloncl'.streams is necessary. (3) Special desig-n .and/or flood -control works shall be employed to _rende;r the structures and./or building sites free from the effects of bank.etos_ion and ,so as, not to otherwise cons,A'tu,L-e a threat to life or property. shall' (4) The ground floor level of such structures be above the one: percent (1%) frequency event (10.0 year storm flood. profile level) . (S) Such uses will not inbre,as,e the flood hazard 1 52 ..7 w ea s zb o xat of olio • .- .- , .... ..-,,�::,_, - or4,�ri`c s'er:'the' �po i_l 'ty.:. e: er n',,�„;u, .a.._ . or in any way affect the carrying ca'pac,ity of the designated flo'odway.. I SECTTON'T6'-'400- F-2 REGULATED 'FLOOD PLAIN COMBINATION DISTRICT The- F-2'Zone''sha11 be applied -to .those areas within the City of Petaluma which lie between 'th& regulated floodway and the boundaries of the design flood.,, heretofore described as a flood with a one percent (1%) frequency ev.enit (over a- 100 year. per . 1.6-401 P'etrmi.tted Pri.nc'ipal Uses'. The following are the principal u's'e:s permitted in the F-'2 District. 16-401.1 All uses pe•rmitted,in the F-1 District, provided " ' I that such uses area permitted use in the under- lying. district, 16-40.2 Perm'it(fed Accessory Uses. The following are the accessory uses pe,rm'it.ted in the F-2 'Distr,ict. 1'6.-402.1 Any use cus'tomaril'y accessory to a permitted use. in accordance with the provisions of Section 2'1-200. U6 403 Corid'-iti'on'al Uses. The'following are theconditional uses in' the F-2 District, in accordance with the provisions of ' Article 21 and Section 26-500, 16-403,,1 All uses which arenormally permitted or conditional ' 53 i `fo• ' uses in the' underlying district, subject' ,the following, requi're_ftents•:' (1) The•ground floor level of all structures shall be .set one (1) ;foot above rthe. selec- 'ted flood ',pr'ofile level, (as shown in °thee: '. Flood, :Plain ;Re•port fo.r the Petaluma River, see Section 16-100) for the particular 1 area in question. (2) A11 foundations shall be con`stxucted•to by ' withstand water and water pressure ishown engineering data to .be necessary, for public safety and preservation •of; pr0per,t,y. ' SECTION 1.6-5100 HEIGHT REGULATIONS: AREA TOOT WIDTH AND YARD REQUIREMENTS " The 'height", 'area, lot, width, and yard•regulations of the 'underl,y"ing district ,shall apply in the .F-.1 :and F-2 D.is'tric'ts subject' to sefbacks -from stream banks or flood channels s'pecif.ied in th`is,Article.. , 54 1 ARTICLE.17 H'-HI'STORICAL DISTRICT ' SECTION 17-1,00 PURPOSE OF H-HISTORICAL DISTRICT ,Structures,'sites'and areas of special historical, architectural ' ,or aesthetic interest or value have been,and continue to be !unnecessarily destroyed or impaired, despite the feasibility ,of preserving them. The prevention of such needless destruction 1 and impairment is essential to the health, safety,, and general ,welfare of the City. The H-Historical District has .as its purpose the promotion of the health, safety -and general welfare j6 f the City. t ARTICLE. 18 . S' STI.TDY' 'DI STRICT - - j SECTION 18-100 PURPOSE �. . I I To provide a means whereby development may be withheld for not eight 8 more than ei g ( ) months to permit intensive study of.. appropriate future zoning in order that no actiono can he taken during the Study ' period which might be n_rejudicial to the proper future development ''of,.the territory. The S Study District may be applied to newly annexed and not prezoned territory or to any other territory within the City where such studv is required. The nr_en Space Element and ,• all future districts that may be studied for this purpose will.be coordinated and may he included as part of a S Study District.-�, - SECTION 18-200 PERMITTED .USES The following are the uses permitted in the S Di -strict.. 18-201 Agriculture 18-202 Alteration, rehabilitation., or extension of existing structures, not to exceed one thousand (1,000) dollars is ,•� ' . i - in.value in the case of each separate structure,,, the .value 18-203 In areas previously •designated Mz.S.-.(Special -Industrial) ' District, P-M (Professional -Medical Office) District, R-2-3000 (Two -Family Residential) District and R-M-1500 (Multi -Family Residential) District, prior to being designated for "S" Study District, those uses will be allowed as permitted uses which were allowed as permitted uses in the specific areas under the previous zoning classifications, not subject to the one thousand ($1,000) dollars value limitation. 1.8-301 Within sixty�(60) days after- the territory is cla,ssif.ied in an S District, the Planning Commission shall under- take a detailed study to determine the appropriate spec- ' ific zone classification or classifications of the subject ' territory in order to carry out the objectives of the Pet- aluma General or Environmental Design Plans. t 60 .18=302,::._.:, < th )-das -after. receipt of .the detailed :Within: rty,: (30' the Planning Commission shall initiate an amend- study, ment to reclassify the territory, i11t:o specific zone dis= tricts. 18-30.3 No longer than eight (8) months shall elapse be- tween the effective date of the clas,s_ifi'cation of the territory as Study District and the Plan- ning Commission's report to City Council recom- mending' precise zoning for.all territory classi- fied in the "S" District. P Ih 61 i ARTICLE 1,9 P-G PLANNED'COMMUNLTY DISTRICT A - Lt PLANNED UNIT DISTRIC- 19 -1.00 PURPOSE OF ,THt, PLANNED' COMMUNI SE;CT�.ION TY DT-STRICT The Planned ,C:ommunit„y DisL-ric:t p.rovisi,ons are intended to establish a need ed"level of pre=planning for development of large tracts"of 'land and to encourage innovative design solutions while retaining good land use .I' rela;t•iorish-ips and compatibility of uses. A specific function is to facil- itate the.variation of standards of the zoning and••subdivis.ion ordinances, under -„'proper planning, to achieve unique and nnovative'community design 1 wherever it can ,be demonstrated that such variation will resul't.in an environment superior to that possible'undei normal,applicatI on•of stand- ards. The P-C Dis„tr.ibt is intended to be employed principally at the t, developing fringe:,of the 'urban area where large. t'r.acts of agricultural or vacant lands are being urbanized. The purposes of the P-C District''" are more particularly the following: 19-101 To. permit and encourage the unified planning of large areas in order to achieve the variety of land uses and residential types which such large scale planning makes pos,,s ible' . 1.9-102 To provide the land developer with assurance that the overall plan as approved`und'er, the P-C District regula- tions.may'be carried out; unit by unit, over a period of y..ears; and likewise to provide the City with.the assurance that the increments of development over the years wi11, in terms of planning. and quality of develop- ment,, lie in accord with the originally approved P-C Dis- trict Plan. 62 ship between the land. within the P-.0 Distr cc and the existing or anticipated development in the -surrounding ' area. SECTION 19-.200 CENERAL..PROVISIONS The following regulations. sh'a11. apply to all ,P-C 'Districts ,and, 'said D`is- :r • tr,icts shall be, su�,ject to all other provisions of this Ordinance except that where; conflict in :r--egula'tion& occurs,, the regulations .sp'ecifie& in this ,Section shall apply. 19-201 No P-G District shall be es-tab'l,ished ,on any parcel of less j vet --• thaq�acres, 19-202 The P-C District shal1 be in general accord with the i Ceneral Plan of" Petaluma and in s.ubstan.tial confo.rmit,y to th:e.:'Environmental 'Design Plan where :such an EDP ha,s • been adopted. 19-203 Develoment o;f a P-C Dist-rict.shall Oroceedly increments.' Such incremental units shall be -reasonable, and logical -i,'n size,• shape and function, andT in relationship to other !' development uni,t's within the _District. A. P--U=D Plan, in accordance with Section 1'04'00 or subdivision plan, or both shall be submitted for each development unit. j 19-204 The P-C District- Plan, shall contain suff:ieient -information i. and detail. as. to the types and a,r--rangement of 'land uses; the height, bulk and siting,; and the use or reuse of 63 5 . structures,; the alignment and dimensions of streets and..�_ rights of.way; the size, loc,atioq, and use of open spaces; the provision of,public.facilities and services, and any other relevant, information; to enable the Planning Commission and Ckty Council to make the findings set forth in Section 1950.0 �hexeln. SECTION 19-300 APPLICATION AND ACCOMPANYING MATERIAL. f19,-101 Application for the establishment of a P-C District shall be made to the Planning Commis- sion by one or more private land owners, their: authorized agent or de.veloper°. All land within the 'boundaries of the proposed sed P-C District shal'l 'be held in the 'appTid ant' soWner ship or under unified control. Application shall be made on prescribed forms and shall be accompanied by a filing fee. The filing, -fee for the estab- -lishment-of a 'rr'-C District -shall be established by resolution of the City -Council from time to time hereinafter enacted. The!-appliclation shall be -accompanied by a Planned Commun- ity Program which shallcomprise-thefollowing elements: 19'-302.1 A General Development Plan,'being a map or or maps drawn to a suitable scale, showing at least the following: the boundary of the RM dis'tf-ict�; ' proposed -the topogr,,4phTq character o,f, the land; any majorregradlng J_-ntended; tree gen- eral existing and proposed uses of the. land.; and sufficient information as Lr,C) charaCte,r 6f such uses so that' compatibility, can be determined; :the ap'orox-imate, location of major and secondary traffieways; any 'public, uses propos,,d, such as ' schools, parks, playgrounds, frails,'or-other , recreational facilitie:s;,and, for residential ,, uses, the approximate loc.ation.of different types or densities of dwelling -units. Where appro- priate, said plan shall include the recommenda- tions as to desirable or compatible uses in the area surrounding said development. 19-302.2 A Development Schedule including: (a) A legal description of the District boundary, a description of the project including the size of the area, the nature of development or redevelopment proposed, the disposition of landsproposed for" public facilities. (b) The ant'icipated timing for each unit of the: District proposed to' be developed separately, and the del-ineation of such development,,,untts which -shall be integ-r.,al- Aiftits planne,d for, de- velo1ppient at different stages,; and the' approx- imate size in acres of each unit. 65 11 11 - 'SECTTON '19-400 . -ADDITIONAL • MATERIAL Addiaional .material, and information shall be provided .for specific .t ) s jof .uses as follows: 19-401 For`P-C Districts or sections thereof for which residential ' deve.lopment is proposed, the Planned Comm P � unity Program shall ' contain at least the following information: ' 19-401.1 The approximate number of dwelling units existing and/or proposed by type of dwelling. This may .be stated as a range with the maximum and minimum number of units of each type. 19-401.2 The approximate total population existing and an- ticipated in the entire development and in each unit thereof.* This may be stated as a range with a maximum and minimum number of families or per- sons. 19-401.3 The area included in the entire development and each unit thereoof and the total density, i.e., ' the number of persons or number of families pro- posed per gross acre.. 19-401.4 A general indication of architectural design, '.' site design, parking, etc. for each type of dwel- ling proposed to be included. 1 66 i. I '..Public 'fa` - c cilities such as arks and schools _pro. ubli p P posed to be established, maintained or removed, 1 and private facilities such as office and commer- c1al facilities proposed to'be .e;stabl.ished;, 1 . maintained or removed. 1 19-401.6 A general.indication of the design and, improve- for resid- ment standards intended each class of ential street. 1 19-402 For P-C Districts or sections thereof for which commercial 1 development is proposed, the Planned Community Program shall contain at least the following information: 1 19-402.1 The approximate office and/or retail sales floor area and total area for existing and proposed com- mercial development. 1 19-402.2 The types and locations of uses proposed to be 1 included in the development. 19-402.3 The general standards o:f.he.ight., open space, buffering, landscaping,, pedestrian.and vehicular t circulation, off-street parking and loading, signs, and nuisance controls intended for the development. 1 19-403 For P-C Districts or sections thereof for which industrial 1 development is proposed, the Planned Community Program shall 1 contain at least the following. information: j 67 1 The a roxmate total area proposed for each use,.= pp 19=403,.,2 The types of uses proposed to be included in the development. 19-403.3 The anticipated number of persons to be employed in the entire development and in each major sec-' tion thereof. This .may be stated as a range. 19-403.4 The method's proposed to control or Limit danger- ous or objectionable elements, as specified in Section 22-200, if any; which may be -caused or emitted by the proposed uses. 19-4,03.5 The approximate standards of height, open space, buffering, landscaping, pedestrian and vehicular circulation, off-street parking and loading, signs, and nuisance controls intended for the development. 19--404 For P-G Districts or units thereof containing institutional, re.creational.or other public or quasi -public development, the Planned Community'P.rogram shall contain the following information: 19-404.`1 General ,types of uses proposed in the entire development and.each major section thereof. 19-404-2 Significant applicable information with respect ' 68 to"enrollment' residence em Io ent attendance" p` ym - or other social or economic' characteristics of development.' 19-404.3. The approximate standards of,. height, open space, buffering, landscaping, pedestrian and vehicular circulation,. off -.street parking and 'loading., and signs intended for the development. �. SECTION 19-500 FINDINGS I' RE U G. REQUIRED Before recommending approval 'or modified approval of an application for a „ proposed P-C D.i'strica,,the Planning Commission shall.f'i•nd': 19-501 That the development proposed is in substantial harmony' with the General Plan of the City of Petaluma, is, in ' conformity with. any 'adopted Environmental Design Plan for the, area, and islor can 'be coordinated with existing, and planned development of the surrounding areas. 19-502 That the streets and thoroughfares proposed are, suitable 'serve and adequate to the proposed uses and, the anticipated. traffic which will be generated the'reb.y. 19-503 The facts submitted 'with, the applic-ation and. presented at the hearing establish beyond reasonable,do.ubt. that: 4 • ' _ 0 '! f 19-503- 1 Development of the P'-C Distt'rict.wil.l be, initiated' within a reasonable time by submittal of an-appli- s cation fora Planned Unit Development Permit, 69 •! 1 a other appropr i. te, action. 19-503.2 ,In the case .of proposed residential development, that such development -will constitute a resid- efitial environment of s'ustained.desirability and stability; that it -will be in harmony with the ' character of the surrounding area; and that the " sites proposed for public facilities, such as schools, -and adequate to playgrounds, parks are serve the anticipated population and -are acceptable to the public authorities having jurisdiction thereof. 19-503.3 In the case of proposed industrial or research uses, that such development will be appropriate {, in area, location and overall planning to the pur- pose intended, that the design and development i industrial standards are such as to create an environment of sustained desirability and sta- bility; and that such development will meet per- formance standards established"by Article 22. 19-503.4 In the case of proposed commercial, institutional, recreational, and other non-residential uses, that � such ,development will be appropriate in area, lo- j' cation, and overall planning to the purpose inten- ded; and that such development will be in harmony i I with the character of the surrounding areas. i ,, 70 -0 SECTION'19-600 ES.TAE-TSHMENT OF DISTRICT If the,,Plahned Commun y "��,rogram as !submitted is such that the Planning Commis'sion can mak6 the fi\ndi_,gs set* forth in Section 19-500,, or if after negotiation with the develoRe' s tt,he Program can be mod ifi,ed in such, away as to enable the findings to be made, the Planning Commission shall.recom- mendthe establishment of the Planned -Community District in accordance with the procedure set forth.i.-n Section 26.-700- Upon establishment of the Dis- trict-,, the proposals and standards of the Planned Communitq Program 'Shall constitute the official developmpn.t policy of the City of, Petaluma within the boundaries of the District Thereafter- 19:-60.1 All existing zoning, shall remain in e-f,fec:t until super - ceded by the establishment of one or more Planned Unit, Development Districts.. 1.9-602 Each P-U-D District application submit-ted within a P-C District shall.be reviewed by the Planning Commission for conformity with the "General D.eVelopment. Plan and Dexie"I- opment Schedule. 19-603 From time to time; the Planning Commission shall review each P-C District to': determine whether substantial pro--; greys is being made in accordance with the Development Schedule. Should the Planning Commission find that 'sat- isfactd,ryprogress is not being_made, the Commission may, I after notice and public hearing, recommend to the -City Council that the he P-ClUstrict be modified or terminated and replaced with standard zoning 4,istxicts. 71, ' ' , t•, SCR . , �� . . ` , a , • f SECTION 19-•700. IPURPOSE OF; THE •P-U-D PLANNED UNIT;" DISTRICT The 'P=-U=D,, 'Planned Unit" District, is,d'esigned to allow inc"-union wj-thL'n it.s boundaries•a mixture of use's, or unusual density, building 'intensity, or �m design cha,racteristics,.which would not normally'be permitted'in a single use district. This variation is allowable only through the approval by the City Council of a complete.'Unit Development Plan showing the internal design of ' the District, the inte_rrel;ationship of uses, and their relation to the sur- rounding area. SECTION ,1'9-800 ESTABLISHMENT OF A P-U-D DISTRICT A Planned Unit Distr;ic't.may be established or removed from the Zoning Map in accordance with the provisions set forth herein. No minimum site area is es- tablished for P-U=D District provided that the findings set forth in Section 19-900 can be made in each•tase. 19-801 19-802 i Any and'a-11 compatible land uses are permitted in a P-U-D District, provided such use or uses have been designated on a'Development Plan for a P-U-D District and approved by the City Council, upon recommendation of the Planning Com- mission and provided further that said Plan is consistent with the findings of the Planning Commission. An application for the creation of a P-U-D District shall be filed with the Planning Commission upon a form provided by the City and shall be accompanied by a Unit Development Plan as specified herein. The Unit Development Plan shall consist of as many of the following as are appropriate to the size and nature of the proposed P-U-D and in any case provide 72 1 a11, data required, by the ;Planni-ng Crmunission in order to be able to arrive, at ,the'findings s,et forth in Section 19-900 herein. 19-802'.1 A'map showing the street system and lot design, if any, proposed within the District. Areas proposed to be dedicated or.reserved,for interior circulation, parks, school sites, public buildings and other such uses, must be shown. 19=802.2, A map showing the topography of the proposed P-U-D District, with contour intervals sufficient to meet all the requirements of. the City. 19"-8.02..3 A land use plan for the proposed district, precisely indicating the area or areas' to be used for each particular land use.., 19.802.4 A professionally prepared site plan for each building site, or sites, .in the proposed P-U-D District: said show the site plan shall be drawn to scale and shall I'. location of all proposed buildings, including notation of minimum distances between buildings, and between buildings and building site and/or use boundaries. 19-802.5 An off-street parking and loading plan showing the. ratio between off-street parking and loading spaces t ' and building floor areas, and/or the ratio of parking spaces to anticipated employees, or other criterion 73 1� i 19-803' required'. by the Commission. Such plan shall be sup- ported' by, data demonstrating i:hc adequacy of the parking for the,demand generated by the use to which it pertains. 19-802.6 A circulation diagram indicating th'e "proposed mov"e- ment of vehic-lees, goods,, and pedestrians within the P-U-D D,is'tr.ic.t, and to and from any adjacent public thoroughfares. Any special eng.,neer.i.ng feaniresand traffic regulating devices needed to facilitate or insure the .safety and efficiency of the circulation pattern shall be shown. 19-802.7 A prof es,sI o.nally prepared land's'cap. ng and tree plant- ing plan. ' 19-802.8' Professionally prepared elevations andJor perspective ' drawings of al';•1'major proposed structures. Such drawings need ,not ,'be the result of final archi.tectu'ral plans, but must be in adequate ,detail, to enable the Commission to determine, within .reasonable limits, the .height, bulk., and arrangement�of -the proposed. 1 buildings and,their general appearances. An applicat'-ion for. a P-U-D Zone shall 'be accompanied by a: development schedule indicating the date on which construction ' is to begin, the anticipated rate of development,, and the an,- ticipated date of compl;e.tion. The development schedule, upon ' 74 .1 11 the recommendation of the Planning Commission, and when ap - proved by the City Council, shall become a part of the Unit ' Development Plan and shall be adhered to by the owner of the property in the P-U-D District and his successors in interest. n 19-804 Before an application for the creation of a P—U—D District may be accepted for filing, the applicant shall pay a filing fee• as established by resolution of the City Council from time to time hereinafter enacted. SECTION 19-900 FINDINGS' The Unit Development'Plan, as defined herein, must be approved by the City Council, upon recommendation of the,'Planning Commission. In recommending the approval of said Plan, the Commission must find that said Plan clearly results in a more desirable use of land and a better physical environment than would be possible under any single zoning district or combination of zoning districts. 19-901 In addition to such general findings, the Planning Commission and City Council shall make the following specific findings: 19-901.1 That any P-U-D District is proposed on property which has a suitable relationship to one or more thoroughfares; and that said thoroughfares are ad- equate to carry any additional traffic generated by the development. 19-90.1.2 That the plan for the.propos'ed development presents a unified and organized arrangement of buildings 75 and' service facilities .which.' -are appropriate :in.: relation to adjacent or nearby properties and that adequate landscaping and/or screening is included if necessary,to insure compatibility.. 19-901.3 That the natural and scenic qualities of the site, are protected, with adequate available -;public and private spaces designated on the Unit Development Plan. 1 19-90.1.4. That the development of the subject property, in ' the: manner proposed by the appl.%cant, will not be detrimental to the public welfare, will be in the -best interests of, the City and will be:'in,keeping with the general intent and spirit of the zoning regulation of the City of Petaluma; with .the Pet- ' aluma General Plan,,and with any applicable.Env,ir- onmental Design Plans adopted by the City. , SECTION 19-1000 PERMITS Upon the approval of a P-U-D District as provided herein no building Permit:, Zoning Permit, Business License, or any other t, pe of permit, shall be issued for any use or structure in a P-U-D District unless such use or str-uc:ture con- forms in all respects to, the Unit'Development Plan as approved by the. City Council,. SECTION.19-1100 CHANGES IN UNIT.DEUELOPMENT'PLAN Changes in the Unit Development Plan, shall be considered as changes in the 76 1 1 1 1 1 1 1 Zoning Map and shall be, made: in accordance with.the provisions of this .Article and Ordinance. SECTION 19-1200 INSPECTION BY ZONING ADMINISTRATOR (PLANNING DIRECTOR) From time to time, the Zoning Administrator (Planning Director) shall compare the.ac.tual development accomplished in any P-U-D District with the approved Unit Development Plan and shall report his findings to the Planning Commission. SECTION 19-1300 FOLIOW=UP If, in the opinion of the Planning Commission, the owner of the property in any P-U-D District is failing to conform to the approved Unit Development Plan, the Commission may initiate proceedings to remove the P-U-D District designation from the Zoning Map or may initiate proceedings for an amendment to the Unit Development Plan. 19'-1301 Upon the recommendation of the Planning Commission, and for good cause shown by the property owner, the City Council may amend the Unit Development Plan. 77 ARTICLE 20 ' ` PARKING AND LOADING 'FAChLITIES, OFF-STREET - - SECTION 20-100 PURPOSE ,OF OFF STREET PARKING, AND LOADING REGULATIONS: ' To reduce street congestion and traffic hazards in the City of Petaluma by incorporating safe, adequate, attractively designed facilities for ' off-street parking and loading as an integral part of every use of land in the City requiring such facilities. SECTION '20=2'00 OFF STREET PARKING - GENERAL REGULATIONS ' 20-201 There shall he provided on the same site with any use off-street parkinq spaces for vehicles in accordance with the recruirements herein, or as pro- vided in paragraph 20-205. [Where existing buildings' to be not now meeting these requirements are proposed enlarged -or increased in capacity in excess of ten percent (10%), in any district except an agricultural or single-family district, off-street parking shall be provided as required herein for the entire floor area ' of the structure. 20-202 Floor Area. "Floor area" in the case of offices, mer- chandising or service types of uses means the gross for area used or intended to be used by tenants, or service to the public as customers, patrons, clients, or patients including areas occupied by fixtures and 1 equipment used for display or sales of merchandise. It does not include areas used principally for non-public incidental purposes, such as storage and repair. 78 Off -Street Parking Space. "Off-street parking space" -means a permanently surfaced area for vehicle pa.r.k:Lci`, measuring, A not less than nine (9) feet in width by twenty (20) feet , in depth at any point., either within a structure or in the open and excluding aisles, driveways and access drives. 20-204 Off -Street Parking Facility. "Off-street parking facl- . ity" means a site, or a portion of a site, devoted to off-street parking of vehicles, including parking -spaces, aisles, access drives and landscaped areas, and providing vehicular access to a public street. 20-2105 Alternatives to On -Site Parking. The requirements of this section shall be considered satisfied if the required" parking is provided within three hundred (100) feet of the site of the use being served, such distance being measured along the shortest available ,route of pedestrian , access. This alternative does,."not-apply to residential parking. r 20=206- Cooperative Parking Facilities. Requirements for. the provision,of parking'fac.ilities, with respect to two or t more establishments on the same or different sites may , be satisfied by the permanent allocation of the requisite number of spaces for each use in a common,parking facility, located not farther than three.hundred (300) feet measured. ' along the shortest available route of pedestrian acce:s.s from '. the site of any •such participating use. 79 ' _ SECTION 20-300.,NUMBER OF PARKING SPACES REQUIRED .._ d 1 f h 400 ft 1 Dwellings, single— family, duplex or ' compact 1 • Automobile or mac finery sa es an or eac_ sq. service garages of floor area Barik's, post offices, business and 1 for each 300 sq. ft. professional offices, except med- of floor area ical and dental offices Bowling alleys 5 for each alley : Cemetaries, columbaria, and cre- 1 for each 2 employees matories in the maximum shift Children's homes 1 for each 4 beds, plus 1 for each employee in the maximum shift Churches 1. for each 4 seats Convalescent hospitals, hospi- 1 for each 3 beds, plus tals, nursing homes, and chari- 1 for each employee on table and religious institutions the maximum shift, and providing sleeping accomodations 1 for each 2 staff doc- tors Dance halls 1 for each 50 sq. ft.* of floor area 1 space which shall be in a carport or garaqe and 1 space which may be uncovered and in the driveway, with a driveway width of at least 20 feet or a length of at least 40 feet, adequate to park at least 2,cars. Dwellings, multiple 1.5 for each dwelling Funeral homes, mortuaries Furniture and appliance stores, household equipment or furni- ture repair shops Homes for the aged E:I1] unit ' 1 for each 5 seats of the aggregate number of seats provided in all assembly rooms of the mortuary 1 for each 400 sq. ft. of sales floor area 1 for each 5 beds and 1 for each employee in the maximum shift ... •_.Y_x.:. _... - Lam'__.-:''' ."'- � ..::.. Hotels ' motels,' motor -hote1. and private clubs providing sleeping accomod.ation � F Libraries, museums, art galler- ie's, and similar uses Manufacturing plants, research or testing laboratories, bottling plants, processing plants, and packaging plants Medical and dental offices and clinics Public buildings and grounds other than schools and administration offices Restaurants, bars and nightclubs Retail stores, shops, supermarkets, food stores, etc., other than fur- niture and appliance stores as aforementioned Rooming and lodging houses Schools - elementary and junior high r - High schools and col- leges Business schools, beauty schools and other special schools Sport arenas, auditoriums, exhib- ition halls, theaters, lodge or assembly halls, and meeting rooms Mobile homes Wholesale establishments, ware- houses, service and maintenance centers, communication equipment 'buildings M. I'for each living -or s7.e--epi.n` un�.t plus 1 ' i'.oi the owner or mana- ger 1 for each 1.5 employees plus 1 for each 200 sq.,f - 1 for each 1.5 employees ' on the shift with the max imum personnel 1 for each 200 sq. ft. of floor area , 1 'for each 2 employeesi on the maximum shift 1 for each 2.5 seats' 1 for each 300 sq. ft. ' of sales floor area 1 for each bedroom I for each employee on the maximum shift 1 for each employee on the maximum shift, plus- 1 for each 2 students 1 for each employee on 1 the maximum shift, plus 1 for each 2 students ' 1 for each 3.5 seats of maximum seating capacity or if there are no fixed' seats, 1 for each 60 sq. ft. of floor area 2 for each space ' 1 for each 1.5 employee on the maximum. shift x 1 Unspecif'Ied uses %f: bi.iild.i'ngsnumber oc :>pac.e.s structures or :premise's Zon.i_ng z' di:iinsl:raLci: (Planning Direc Loy: ) ."n accordance with the —en - eral purposes and sca.ad- ards herein. SECTION 20-400 STANDARDS 'FOR OFF-STREET PARKING FACILITIES All off-street parking facilities shall conform with the following standards: 20-401 Spaces. Each parking space shall be not less than twenty ('20.) ,fee't in length and nine (9) feet in width, exclusive tof drives'. Parking shall be de- ais-le,s and access spaces signed and arranged -within parking facilities in accordance with the minimum specifications set forth by the Zoning Administrator (Planning Director). 1 20-402 Aisles.. Access to each off-street parking space shall be from a driveway or aisle, which is sufficient for readily 1 turning and maneuvering vehicles. 20-403 Access. Each parking space shall be accessible from a street or alley or from an aisle or drive connecting with " a street or alley. No off-street parking facility for five or more spaces in an R District shall be designed so that'vehicle's must back across a sidewalk in order to gain access to a street or alley. Where a parking facility does not abut a public or private. street, alley, or access ease- ' ment there shall be provided an access drive of not less than twenty (20) feet in width, except as follows: 82 4 20-404 20-405 20 -40.6 a. Drives furnishing access to parking facilitiesi serving ten (10) or fewer dwelling unit°s shall not be less than twelve (12) feet in width. b. Where separated one-way access -drives are proposed, ' these. shall, .con.sisrt of two (2'). drives each of which shall not be less than twelve (12) feet in width. Pavement. The parking area, aisles.., and access drives shall ' be paved �s,o as to provide a durable, dustless surface and shall be 'so graded and drained as to dispose of surface water without damage to private or public properties;, streets, or alleys. Border Barricades, .Every parking facility for five (5) or more cars that is not separated by a wall from any'stree.t ' upon which it abuts, shall be provided with a suitable con- crete, asphalt., timber, or other approved, barrier, not less than two (2) feet from such street property line. Screening. Every parking facility containing,five (5) or more spaces abutting a.city street shall ;be separated from. such street,by a decorative wall, view -obscuring fence, per- manently maintained compact evergreen hedge,,'berm, or a com- bina Lion of the ,preced.ing treatments, not less than.thirty (30) inches and not more than. forty-two (42) inches in height. Screening A and R Districts: Every parking facil- ity abutting property located in A or R Di.str,ic.ts shall be separated from such property by a decorative wall, E:193 i I view -obscuring fence, permanently maintained compact ever- greeh hedge, a berm, or a combination of any of the-pre- �: ceding treatments, six (6) feet in height measured from - the rade of the finished".surface of such parking area { ': along the abutting residential property; except that such screening shall not be less than thirty (30) inches in _ height, and shall not exceed forty-two (42) inches in height adjacent to any required front or exterior -side•• yard, area. 'y 20=407 Lighting. Any lights provided to illuminate a parking fa'cility shall be -arranged so as to reflect the light away from any adjacent properties, streets or highways. 20-408 , Se'tback,.i'n R Districts. Eve'r.y'parkin facility abutting g g 20-410 i property located in an R District shall provide a set- back from the street equal to that required for uses in the abutting R District, for a distance of not less than fifty (50) feet from such district boundary. Repair Work. No repair 'work or servicing of vehicles, shall be conducted on parking area. Site Plan Approval. All parking facilities except those provided for permitted principal uses in the "A", R-1 and R-C Districts shall he subject to site plan approval as provided herein and all areas not used for parking spaces and access drives shall be landscaped in accordance with the standards of Article 23. 84 ':. .I 6, „',!f .;!, �`�' i,�y sa7_;yl ,};i"-gj ;>3•'qJ :d ... ..t .!, •:rt);:Ytit ? = ;: Y,•`•(n;{ •i1:'-fiaitr•"'','i '�tsv'iw t t,, ,tSECTI0N:� 20 -5.00 " ADDITIONAL REQUIREMENTS" AND EXCEPTIONS _ �'rJ- ,�. - {t..,,?a,Yt.•=.. 3' fti _ •-s,i7 t:;..'. ,y , —. +'..4.: r•: - c- - � , r`i:*'�"::i'?rr�:iz.'` +:#'� +"d 'Moue- Than One Use on i Site. If more'than: one':use .is tha lo- �'1 ._'i'r• - Fti r;, '�3vii •,ri:�1�,�1.� q,.r.. ';f'r _-:I•u,"" :!1 i': _ 'fit'{11. :1',:,;'';::`�;1: - •_�'•'' . •''cated- on a site • the number of a'rkin spaces to. ded •��'''"'bps — `F^lam ��d;ii' :3, :.'nh yt'�•!i:x.. ��;dJ� '„t"r „d�.:��� �.,. _ - l. rYp - .dji• . Y;`ri5� iui"'tag. ,:+i'( r .. .. ' be''equal'�to the sum of the requirements rescri•bedo` !.1.°#L''ti'�;.i,; �::,. r.,., •k. ,'.! 4;,i.,'V�, -'y' '=�,"'+1 �1;_':sh :.u• •3«''_ =;rr :,5;. _ :C,' n7yJ..'.4. ��k,�.'=7;j: ,IP .- - ''�rs,:e;in this sec't.io it each use. ,'M1ra ^i`I Fi'i Pik .d — - - — - - :;:;2Qw"5.02' "'1 'Ofi Street Parkin Facilities t Se g o Serve One Use. Off= _ ,,7, �YY.9 .d._ �, Zr,", •�1. ,,:! :o.,il=~i_;"j,I� �:<.;' F'. "c%' r, -;+ .+-' :,: s,I;:,, A4;>..: r•1,i street :parkin :facilities for one use, shall not be con- •'��'•�a d,•r. ,.�•: 'lt.:..,�_'nl i,5'ry.', i :, ,_r':!A ry�.'; :.;�.i ., ,. sidered as providing required off-street parking fac-i-1' - p' ' , � a r.f,,_-', �;:;� �`�;':.,;,;•✓: �:-,rv;,':'£.,,...!ities for any other use except provided for in Section loe Ak i. 2b=5`03 ;'--'` ': ,Exemptions from Off -Street Parking Requirements. Site's "• 1 !i 'and structure's 'located in a municipal parking assessment • :r� �r� - � it ; � ' district shall not be subject to off-.st-r::eet parking facil- :y, ;fi r,• '�S';, '$ {i� i'%° y �_: •�;, , 1 :�.: ,. ity requiremen't's '4 SECTION .20-BOO "POL7ER OF THE ZONING ADMIMSTRATQR„(PIAMING DIRECTOR) TO' MODIFY REQUIREMENTS `� The provisions of this .section as to number of spaces may be modified by the y h Zoning ";;Administrator (Planning Director in the following cases only ;i g ( g ) g Y (an Y other request for modification shall be submitted as, and ,mee't..the tests for, a;variance) 20=601 Up to ten (10) percent o` the required parking spaces may •.be reduced in size to ei;ht (8) feet by sixteen (lb) feet for the accomodations of sports cars, in parking ,facilities j',,• j;,,'::h;::,= `provid'ing not less than twenty (20) spaces. . 20-•602 The number of spaces required,may be modified for uses such as elderly housing or retirement homes where it can be demonstrated that'.automobile use or ownership is sig- ''nificantly lbwer than for other. -dwelling or lodging houses'. - _. 20-603.. When a common off-street parking facility, located within three hundred (300) feet of the uses served will provide twenty (20) or more parking spaces, the total number of parking spaces required for all the uses served may be reduced by not more than twenty-five percent (25%) upon the obtaining of a Conditional Use Permit. The Zoning Administrator (Planning Director) shall determine prior ' to granting a Conditional Use Permit for such a reduction that the typical use of the off-street parking facility would be staggered to such an extent that the reduced number of spaces would be adequate to serve all uses sharing the facility. i .SECTION 20=70"0 PE'RMIT PROCEDURE AND FEES Before any work may proceed on a new or an existing parking facility., a plan shall be submitted to the Building Department for review and approval, conditionalapproval or denial. Said plans shall be accompanie0i by a fee to be determined by the value of the work.to be performed, based on the rates estab- lished in the Building (Dode. A permit shall be issued upon approval, and payment of the required fee. 86 SECTION 2.0-800 COMPLIANCE - 'V .All pa-rking facilities existing at the t.me of the adoption of this Ordin- ' ance;' ,and_as defined herein,. ,shall confo -m to Section .20-404 and 20-:405 iaith.i'n six ('6)' months of the date. of thi , Ordinance;; and shall conform _to'the remaining subsections in Section '.0-400 within two (2) years of I""the date of this Ordinance, SECTION-20=900 ' OFF-STREET LOAD _ LNG. BERTH REQUIREMENTS. For every building or part thereof hereafter erected, which is to lie oc- cupied by manufacturing,, storage, warehouse, goods display,, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning'' or other uses similarly requiring the receipt. or. d.stribut.ion by vehicles of material .and merchandise, the following regulations shall apply: 20-901 For motels, hotels, restaurants, public and private bus-. iness and administrative offices., post offices,'hospitals, sanitariums, nursing holes, and charitable and religious used institutions and clubs for human habitation: Loading Berths 'Required For less than 5,000 square. feet of 0 gross floor area For 5,000 to 50,000 square feet of 1 gross floor area For 50,,000 to 150,000 square feet 2 of gross.floor area 'For each additional 150,000 square 1 feet 'of gross floor area 83 l 1 1 1 1. 1 1 20-902 For commercial and industrial establishments including retail stores, personal service establishments, commercial service enterprises., warehouses, storage facilities, manu- facturing plants and other industrial uses: Loading Berths Required For less than 12,500 square feet of 1 gross floor area For 12,500 to 20,000 square feet of 2 gross floor area For 20,000 to 30,000 square feet of 3 gross floor area For 30,000 to 50,000 square feet of 4 gross floor area For 50,000 to 75,000 square feet of / 5 gross floor area For each additional 25,'000 square feet 1 of gross floor space 20-903 Professional offices, public buildings other than adminis- trative offices, schools and colleges, places of public assembly, charitable and religious institutions and clubs not used for human habitation, and public utility and pub- lic service structures and installations, when any of the foregoing requires the recurring receipt, delivery, or dis- tribution of goods or equipment by truck: One loading berth, plus such additional berths as may be prescribed by the Zoning Administrator (Planning Director). 20-904 Railroad stations, railroad freight stations and yards, air- ports, and heliports: as prescribed by the Zoning Adminis- trator (Planning Director) :: 20-905 Mortuaries: Loading Berths Required For less than 5;00.0 square feet of 1 gross floor area For 5,000 to 10,000 square feet of 2 gross floor area For each additional 5,000 square feet 1 of gross floor area 2G-906 Cemeteries., columbaria and crematories: One berth plus the number of additional ber:thspre.scribed by the Zoning Administrator (Planning Director). 20-907 Any other use which requires the recurring receipt or distribution of goods or equipment by truck: One berth plus the number lof additional berths prescribed by the Zoning.Administrator (Planning Director).. SECTION 70-1000 STANDARDS FOR OFF-STREET LOADING.FACILITIES . l 20-1000 All off-street loading facilities shall conform to the following standards: 20-1001 'Each loading berth shall be not less than forty-five (45) feet in length and twelve (12) feet in width exclusive of . aisle or maneuvering space and shall have an overhead clearance of.not less than fourteen (14) feet, except that for mortuaries, cemeteries, c,olumbariums and cre- oratories, a loading berth used exclusively for hearses• shall be not less than twenty—four (24) feet in length and 'ten (10 EM h feet in width and shall have an overhead clearance of not less than eight (8) feet. 20-1002 Such space may occupy all or any part of any required yard or court space, except front and exterior side yards, and shall not be located closer than fifty (50) feet to any lot in any R District, unless enclosed on all sides by a 1 wall not less than eight (8) feet in height. 20-1003 Sufficient room for turning and maneuvering vehicles shall be provided on the site. 20-1004 Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley. 20-1005 Entrances from and exits to streets and alleys shall be designed to minimize traffic congestion and shall be placed at locations approved by the Zoning Admninistrator (Planning Director). 20-1006 The loading area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys. 20-1007 Bumper rails shall be provided at locations approved by the Zoning Administrator (Planning Director) where needed 90 „ for safety or to protect property. , - 20 1008 area is illuminated Lighting shall be If the loading g g deflected away from abutting residential 'sites so as to ' cause no annoying glare. 20-1009 No repair work or servicing of'vehicles shall be conducted P g in a loading area. , 20-1010 Landscaping and screening, in accordance with the standards , of Article 23. ' 20-1011 Location of Off -Street Loading Facili.tie.s. Off-street i loading facilities prescribed in Sections 20-901 through i ' 20-907, inclusive, shall be located on the same; site with the use for which the berths are required_ or on an ad- ' joining site. SECTION 20-1100 ADDITIONAL -REQUIREMENTS AND EXCEPTIONS 20-1101 More jthan One use on a Site. If more than one use is lo- Gated on a site, the number of loading berths provided shall ' be equal to the sum of the requirements prescribed in this ' article for each use. If more than one use is located on a site and the gross floor area of each use is less than the ' minimum for which loading berths are required but the aggre- gate gross floor area is greater than the -minimum for which ' loading berths are required, off-s.treet loading berths, -if shall be provided as the aggregate gross -floor area 91 , were used for the use requiring the greatest number of loading berths. 20-1102 Off -Street Loading Facilities to Serve One Use. Off-street loading facilities for one use shall not be considered as providing required off-street loading facilities for any other use except as provided for in Section 20-1201. 20-1103 At the time of initial occupancy, major alteration, or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading facil- ities for trucks in accordance with the schedule of off- street loading,berth requirements prescribed in Sections 20-901 through 20-907, inclusive. For the purposes of this section the terms "major alteration" or "enlargement" shall mean a change of use or an addition which would in- crease the number of loading berths required by not less than ten percent (10%) of the total number required. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlarge- ment, unless the pre-existing number is greater than the number prescribed in Sections 20-901 through 20-907, in- clusive, in which instance the number in excess of the prescribed minimum shall be counted in calculating_the num- ber provided -to serve the major alteration or enlargement. 92 20.-1104 Space allocated to any off_street loading berth slial.l not while so located be used to satisfy the space requi.femel-ILs for any off-street parking facility. SECTION 20-1200 POWER OF THE ZONING ADMINISTRATOR (PLANNING DIRECTOR) TO MODIFY OR INCREASE REQUIREMENTS The.provisions of'this section as to number of spaces may be modified or - increased by the Zoning Administrator (Planning Director) in the fottow;ing eases only: (Any other request for modification shall be submitted as and meet the tests for a variance). 20-1201 The number of off-street loading spaces may be reduced by not more than ten percent (10%) when a common loading fa- cility is provided within three hundred (3•,00) feet of the uses served, upon the obtaining of a Conditional. Use Permit: The Zoning Administrator (Planning Director) shall determine prior to granting a Conditional Use Permit for such a reduction that the typical use of the off-street loading facility would be staggered to such an extent that the reduced number of spaces would be adequate to serve al,l uses sharing the facility. 20-12.02 Off-street loading berths in addition to those prescribed, in the schedule of'off-street loading berth requirements shall be provided if the Zoning -Administrator (Planning Director) finds that such additional berths are necessary to ensure that -trucks will not be loaded, unloaded, or stored on public streets. A finding of the Zoning Administrator (Planning Director) shall be based on an. investigation of 93 E 1 1 1 1 1 1 1 1 f the anticipated frequency of truck pick-iips and deliveries and of the truck storage requirements of the use for which the off-street loading berths are required. 94 rr�.. It 1 ARTICLE 21 PROVISIONS APPLYING TO CERTAIN ACCESSORY USES AND TO ALL CONDITIONAL,USES SECTION 21-100 PURPOSE in The purpose of this Article is to establish standards and considerations 1 order to achieve the maximum compatibility of every use with its immediate and general setting. The following standards and considerations shall apply "e to the listed accessory uses and shall guide the responsible public agency or officer in considering applications for Conditional Use Permits in ac- 26-500. cordance with the procedure set forth in Section SECTION 21-200 STANDARDS AND CONSIDERATIONS FOR CERTAIN ACCESSORY USES 21-201 Accessary buildings and structures may be attached to the main building or may be erected as a separate building. 'structure is to a When an accessory building or attached main building it shall conform to all structural and yard requirements of the main building. All accessory build- ings shall be included in calculating total lot.coverage. 21.201.1 Detached accessory buildings or structures r mar not be located in the required front yard ICJ? 1 of a main huildinq. Detached accessory !1 buildings may he located in required side and rear yards, provided that in the.a'ggregate no more than five hundred' ('500) 1 square feet or ten percent (10%) of the area of the required yards, whichever is greater, shall be covered by such structures and provided that on a reversed corner lot an accessory structure 95 shall, not be located closer- to the rear property ' the ' line than the width of required side yard on. the adjoining,key lot., and not closer to the side property line adjoining the street than P P Y � g the required front yard on the adjoining key t. lot. 1 21-201.2, Guest house accessory buildings shall_ not.be closer than twenty (20) feet to the nearest point ' of the main building. No kitchen or cooking facil- ities shall be permitted in any guest house. A g. guest house may not be closer to any property ' lines than permitted for a principal building on on the same lot. 21-201.3 All shelters except underground shelters shall con- form with the requirements for accessory structures prescribed in this Ordinance. Community shelters in R.Districts shall be exempt from .side and rear yard requirements, provided that any shelter so ex- empted shall serve the residents of the properties abutting the affected side yards and rear yards. r 21-202 Home occupations. A home occupation is an activity clearly incidental and secondary to the use of the dwelling for res- idential pur..poses;.it shall not change the res-idential charac- ter thereof and there shall'be no display of stock in trade; 96 - no goods, other than those manufactured on the premises, shall be sold. The home occupation shall be conducted en- tirely within the dwelling unit, and there shall be no use of any accessory building or yard space or activity outside the main building not normally associated with residential use. A "home occupation" shall be operated and maintained only by a resident of the dwelling in which such home oc- cupation occurs and there shall be no employees. The "home occupation" shall not: 21-202.1 Involve the use.of more than one (1) room or the equivalent of twenty (20) percent of the ground dwelling is floor area of the unit, whichever greater. ' 21-202.2 Involve the use of equipment powered by motors of more than a total of one (1) horsepower capacity or the equivalent thereof. 21-202.3 Generate vehicular or pedestrian traffic in excess of that associated with the residential use. 21-202.4 Create any radio or.televi.sion interference or create noise audible beyond the boundaries of the site. 21-202.5 Emit odor or gaseous, liquid, or solid waste. 1 21-202.6 Have any sign or advertising devises other than one (1) non -illuminated name plate not more than 97 one and one-half (1 1/2) square feet in area, which may be used to identify the occupant and ; _-..,'. hi.s "home occupation;" said name plate to be i affixed flat against the outside wall of the, dwelling. 21-202.7 Not more than one truck of not more than 3/4 ton capacity and no semi -trailers incidental to + I a home occupation shall he kept on the site. 21-203 _._.Private swimming pools. No private .swimming pool shall be al- ' lowed in any R Dis.trict except as an accessory residential use and no swimming pool shall be allowed in any'District unless ' it complies with the.fgllowing cond.i.tionsand requirements. 21-2.03.1 A private:swimming pool is intended and is to be ' used solely for the enjoyment of theoccupants and guests of the occupants of the principal, u-se of the ' property on which it is located. 21-203.2 In.no case shall a swimming pool be closer than -8) feet to any property -line of the property on which it is located. 1 21-203.3 The swimming pool, or the entire property on which it .is located,, shall be so walled or `fenced so, as to prevent uncontrolled access by children fr,om.the 1 street or from adjacent properties; and where lo- cated less than thirty (30) feet from any property ' line shall be screened in accordance with the stand- ards of Article 23. ' 21-204 Signs and sign structures. Purposes. To protect the public , health, safety and general welfare of the City by ensuring 1 98 F 1 1 1 1 L 1 1 1 1 1 1 1 1 1 1 1 1 1 W that the number, type, size and design of all signs -in Petaluma will not detract from the attractiveness and order- liners of the City's appearance. 21-204.1 To protect the general welfare of the merchants and property owners in Petaluma by avoiding wasteful and costly competition among sign users which can result from the uncontrolled use of signs. 21-204.2 General Provisions. No sign, outdoor advertising structure or display of any character shall be per- mitted except in conformity with the following reg- ulations: 21-204.3 All signs and displays shall be located on the same site as the use they identify or advertise, except subdivision directional signs as prescribed in Sec- tion 21-204.39 and outdoor advertising structures. 21-204.4 No outdoor advertising structures are permitted ex- cept when approved as Conditional Uses in the i�, M-L, and M-G Districts. A minimum distance of fif- teen hundred (1500) feet between outdoor advertising structures shall be maintained, measured along the nearest street right-of-way. 21-204.5 No sign or sign structure other than identifica-, tion signs shall be permitted which faces the I front or side lot line of any lot in any R Dis- trict within two hundred (200) feet of such lot T line, or which faces any public park ay, ' u lice square or entrance to any public park, public or ' parochial school, library, church, civic center or building, hospital, or similar institution, within ' two hundred (200) feet thereof. ' 21-204.6 An illuminated sign within five hundred (500) feet of an R District measured along the radius of a 180 ' degree arc in front of a face of the sign, shall not ' be directly lighted but may be indirectly lighted or may have semi -direct or diffused lighting, pro- ' vided that the surface brightness shall not be greater than thirty (30) lamberts. ' 21-204A7 No sign or siqn structure shall be painted.o,r located upon or above the roof of any buildinq, ' unless integrated as part of the buildinq i architecture. I, 21-204.8 No sign shall be pahced upon the roof or on the face of,any,marquee unless integrated, as part of ' the building -architecture. 21-204.9 There shall not be less than ten (10) feet of clear-- ' ante between the bottom of an overhanging sign and ' ground level, except that marquee signs not exceeding six (6) square feet in area may be erected with a min- , imum vertical clearance of eight and one-half (8 1/2) feet. ' 100 j1 1< 1 1 1 1 1 21-204.10 No sign shall be erected in such,a manner that any portion of the sign or its support is attached to or will interfere with the free use of any fire es- cape, exit or standpipe, or obstruct any required stairway, door, ventilator or window. 21-204.11 A wall or projecting sign attached to a building shall not extend above the top of the wall upon or in front of which it is situated, or in the case of buildings having sloping roofs, above the eave of the roof. 21-204.12 No sign shall be erected in such a manner that it will, or reasonably may be expected to interfere with, -obstruct, confuse or mislead traffic. 21-204.13 No sign over three (3) feet in height shall be erected at the intersection of any street improved for vehicular traffic, within a triangular area* formed by the curb lines and their projection, and a line connecting them at points thirty-five (35) feet from the intersection of the projected curb lines, unless the same, in compliance with the pr.o visions of this Ordinance, has a clearance of at least ten (10) feet above curb grade.. 21-204.14 Moving signs and sign structures,. pennants, whirli— gigs, and flashing lights are prohibited except for official flags and symbols,, traditional type barber poles that rotate and clocks and thermometers that. have -moving parts. Pennants and special novelty devices will be allowed on a 'limited time basis for grand opening ceremonies and special events. ' 21-204.15 Lighting of freestanding signs. All freestanding .. signs shall.be illuminated indirectly with white ' - —right and'' -no_ light filament tubing shall be vis- I _.p: ible from the` front o`f the sign °'o'from beyond the property line. ' 21-204.16 Signs in P-U-D Planned Unit Development Districts shall comply with the regulations prescribed in this section for the districts with which they are combined.' 21-204.17 Exempted Signs. Nothing in this section shall be ' construed to prohibit any sign, notice or adver- tisement prescribed or required by law, or any notice posted by any lawful officer, or any sign ' conforming to the rules herein advertising the sale or lease of the real property upon which such sign ' is situated. ' 21-204.18 Signs in A Agricultural, R Residential and C-0 Ad- ministrative and Professional Office Districts. No sign, outdoor advertising structure, or commercial ' display of any character shall bekpermitted in an R or C-0 District except the following: , 21-204.19 One. name sign for each street frontage, not directly ' lighted, not exceeding two (2) square feet in area, 102 • 1 1 1 1 1 1 1 1 pertaining to a permitted use. 21-204.20 A permanent tract sign may be erected at the entrance of a tract, provided that it does not exceed five_ (5) feet in height or fifty (50) square feet in area. Such signs may be indirectly illuminated in white light, provided the intensity does not exceed ten (10) foot lamberts. 21-204.21 One (1) non -illuminated real estate sign advertising the sale, rental, or lease of the premises on which it is maintained and not over six (6)-square feet in area, may be permitted on any lot without a Per- mit. For each ten (10) feet by which the width of the lot, or two (2) or more contiguous lots in single ownership, exceeds seventy-five (75) feet, one (1) square foot may be added to the above area of six (6) square feet, but in no case shall such aggregate area of one (1) or more signs exceed thirty (30) square feet, and a Permit shall be required therefor. All such signs shall be set back from every street lot line at least a distance in`feet equal to one- half (1/2) .the number of square feet in area of the sign, but each setback shall not be less than any required front yard. 21-204.22 One freestanding identification sign for each street frontage not directly lighted, not exceeding twenty 103 1 (20) square feet in area or ra height of five (5) 1 feet on the site of a public building or grounds, a private institution, a church, a club or lodge, or ' a professional office building,, clinic or laboratory. 21-204.23 In addition to an identification sign, one non -il- luminated announcement sign or bulletin board not 1 over twelve (12) square feet in area on the site of of a churc, school, community center or other public 1 or institutional building which sign,if not attached flat against a building, shall be at least twelve (121 feet from all street lines. 1 21-204.24 Temporary construction and subdivision signs, in ac- F' cordance with the provisions of Section 21-204.35. 1 21-204.25 Lighting of signs. No sign in an A:, R, or C-0 Distril shall be constructed in such a way that any light , filament or tubing is visible from the front of the sign or from beyond the property line. I 21-204..26 Signs in C Commercial and M Industrial Districts. ' No sign, outdoor advertising structure, or display of any character shall be permitted in a C or M Dis- trict except the following: 1 21-204.27 Directional signs for off-street parking and loading facilities on private property, not exceeding four 1 (4) square feet in area nor a height of two (2) feet ' 104 . 1 i for each sign in a C-17 District or six (6) f( square feet in area nor a height of three (3) feet for each sign in a C-C, C-H, M-L, or r4-G District. 21-204.28 (a) One (1) freestanding sign not exceeding L. 30 feet in overall height on the site of I a shopping center, with a maximum height of 10 feet from the bottom to top of the sign face, provided that all buildings - are set back not less than thirty (30) feet from the street on which said shopping I center fronts. � (b) One (1) freestanding sign not exceeding the! height of the main building, or 20 feet, I whichever is lower, on sites developed with service stations and/or other auto- mobile drive-in type uses, provided that , all buildings are set back not less than thirty (30) feet from the street on which said use fronts. 1 i 1 i 1pE 1 21-204.29 One (1) wall sign for each building face (no building T -- shall be deemed to have more than four (4) building faces), not exceeding a thickness of ten (10) inches, ' including any light box or other structure part, in all C or M Districts. In any sign consisting of cut- out or raised characters, said characters shall pro- ject no more than six (6) inches from the mounting surface. 105 1 21-204.30 One (1) projecting sign for each place of business for each building face not exceeding ten (10) square ' feet in area and not projecting over two (2) feet ' from any wall surface in all C or M Districts. 21-204.31 Notwithstanding any provisions of this section,°no outdoor advertising structure shall be designed or erected to be visible or designed to attract the attention of travellers on a landscaped parkway or freeway, nor shall it exceed three hundred (300) square feet in area. 21-204.32 One (1) sign pertaining to the sale, lease, rental or display of a structure or land, not exceeding six (6) square feet in a C-N District or twenty (20) square feet in a C-C, C-H, C-S, M-L, or M-G Dis- trict. 21-204.33 One (1) temporary construction sign not exceeding forty (40) square feet in area nor ten (10) feet in height on the site of a structure while under construction. 106 M 1 1 1 1 1 1 1 I 21-2040-� ' Area of signs: (a) The total aggregate area of all signs in a shopping center shall not exceed 100 square feet for each commercial use located within the center. Sian area for the uses within the center shall he allotted in accordance with the following procedure: I 1. Multiply the number of businesses within' i the center by 100 square feet to determine the total aggregate sign area. 2. Subtract the area of the freestanding j shopping center sign, if any. The maximum allowable area of such free- standing sign shall not exceed 200 square feet. j j 3. Multiply the number of. businesses I I within the center by 20 square feet (a ! I sign area constant available to each f business in a shopping center to assure that businesses with very small floor areas will have adequate sign area for. identification) and subtract the result 1 area, may be erected or displayed for each ten 1 (10) acres in a subdivision, and may be located off the site of a subdivision. If a subdivision 1 has an area of less than ten (10) acres, two (2) signs may be erected or displayed. 1 21-204.40 One non -illuminated, temporary construction sign 1 may be erected or displayed on the site of a structure that is not part of a subdivision, while 1 under construction or alteration. Such -a sign shall ' not exceed twenty (20) square feet for every street frontage of the site and shall contain only names ' of persons, firms and information pertaining to the structure. ' 21-204.41 Sign Permits. A sign permit shall be required for each temporary subdivision sign and each temporary construction sign. A permit may be issued by the Zoning Administrator (Planning Director) at any time after recordation of the subdivision in the case of a temporary subdivision sign, or issuance of a building permit in the case of a temporary con- struction sign, and shall become void one year following the date on which the permit was issued. The sign shall then be removed, unless prior to the expiration date, renewal of the permit for a period of not more than one year shall be approved by the Planning Director. 108 •5 ` o �q M.i a;<.:�,;yY ii�:,� hF'r �- - ' X �:�' .'� ,>'o s x. • -1 - iY2, ••'' -'b T': ., '��. ins L, ' 21-204.4`2 Non -conforming signs. Non -conforming signs shall be subject to the 'regulat.ions of Article 25. SECTION'21-3.00 GENERAL.STANDARDS AND CONSIDERATIONS GOVERNING CONDITIONAL USES„ _Tn'reviewing an application for a Conditional Use Permit the responsible public agency or officer shall include but not be limited to the following cbns1derations and standards: 21-301! The siting of the building or use, and in particular: I .r 21-301.1 The adequacy of the site to ace omodate the pro- "r J posed.use or building and all related activities. II 21-301.2 , The. location and possible screening of all out- door activities. r 211-301.3 proposed g The relation of the building or use to ;r any 'adjoining building with particular attention to protection of outlook, light, air, and peace and quiet. ' 21-301.4 The location and character of any display of goods 1 and services and the size, nature, and lighting of '. any signs. 21-362 Traffic circulation i and parking, and in particular: 21-302.1 The type of street serving the proposed use in re- lation to the amount of traffic expected to be gen kr. erated. s - .!'I r.. ,, :r.l�,S.fr'•:.ii"yj�w_ x i;f: Y i. ; 1. 21-302.2 The adequacy, conven%enc.e, and safety of provisions for vehicular access and parking, including the lo- cation of driveway entrances and exits. f•, ' 21-302.3 The amount, timing, and nature of any associated 1 i';. t • truck traffic 1 •21-30-3 The compatibility of the proposed building or use with its 1 i environment, and in particular: 21-303.1 The numbers of customers or users and the suit- abilityof the resulting activity level to the g Y 1 surrounding uses and especially to any neighboring uses of unusual public importance such as schools, 1 libraries, playgrounds, churches, and hospitals. 1 21•-303.2 Hours of operation 21-303.3 Adequacy of provisions for the control of any off - site effects such as noise, dust, odors, light or 1 glade, etc. ' 21-303.4 Adequacy of provisions for protection of the public agatrrst any special hazards arising from the inten- ded use. 1 21-304 The expected duration of the proposed building or use whether temporary or permanent and the setting of time limits when 1 appropriate., 1 110 rA 0 21-305i - ." The degree to which the location of the particular use'in the particular location can be considered a matter of public con- venience and necessity, SECTION 21a400,. SPECIAL STANDARDS AND CONSIDERATIONS GOVERNING' THE FOLLOWING PARTICULAR USES: In addition to the general standards and considerations set forth above 'the responsible public agency or officer shall be guided by the following special standards and considerations in relation to an application for a Conditional Use Permit for any of the following uses: 21-401 21-4.02 r Drive -In Theaters•sha11 be located only on major or secondary thoroughfares, shall provide ingress and egress so designed , as to minimize traffic congestion, shall be located not less than two hundred (200) feet from any R District, and so screened from such district that any noise shall not disturb residents or residents, lighted ' prospective and shall maintain signs and other lights and the screen in sur.h a way as not to. ' disturb neighboring residents. , Dwelling Groups. A Zoning Permit, for the erection.of a dwelling group may be issued subject to approval by the: Zoning Administrator (Planning; Director) provided such dwelling group conforms to all -the following conditions and requirements: , 21-402.1 The area of the lot on which the dwelling group is ' to be erected shall be at least ten (10) percent greater then the aggregate of the minimum lot areas' i 111 , 1 1 1 1 1 1 1 1 otherwise required for the individual dwellings in the .group. I 21-402.2 Each dwelling in the group shall front either on a street; or an other permanent open space, i which shall be at least fifty (50) feet in every dimension including the required front i yard. 21-4.02-3 The distance between. principal buildings in a dwelling group shall not be less than. the aggregate side yards required for principal buildings on adjoining lots in the district In which the group is located. The dis- tances between principal buildings and the nearest lot line shall not be less than rs:.q aired for a principal building in the district in which located. 21.402.4 Every dwelling in the dwelling group shall be within sixty (60) feet of an access roadway or drive. The access road or drive shall provide vehicular access from a public street over a right-of-way twelve (12) feet wide for an aggregate of two dwellings and at least twenty (20) feet wide for three or more dwellings. The dwelling grouns shall be within two hundred (200) feet, measured -along the route of vehicular access, from a public street. 21-402.5 In a R-1 District, no more than three (3) dwelling units shall be erected in a dwelling group. 112 21-402.6 All development plans submitted under this'pro- visionreqiiire site plan approval,, 14accordance with the provisions of Section 26-400. 21-402.7 Except as modified in this Sectfoh.,.,a dwelling group shall conform to all the'requirements of_ thisOrdinance for the district in which it is to be located. 21-403 Gasoline Service Stations. As -Conditional Uses, service stations may'.be permitted only where: 2 117 40 3 .1 -They are. clearly required by,,public con- Venience and -necessity. and that the pro-' 0 se%d loca-tion of .the 1conditional -use. is, in accord With the, :obi ect ives'of the Zoning Ordinance and the purposes of the, district in which t'he. site is located. 21-403.2 They do not break up continuity for pedestrians of retail store frontage. 21-403.3 They will riot be a nuisance to residences and other surrounding uses. 21-403.4 They will not cause traffic hazards or undue'traf- fic congestion. 1. Oil 21-403.5 The proposed location does not create more than two (2) service station sites at any street intersection. 21-403.6 The minimum closest distance from another service station will be not less than 500 feet with the ex- 40�ceptionof street intersections; and at freeway 113 interchange and/or freeway off -ramp locations service stations shall not be located less than 70.0 feet from the point_ at which access rights to the highway are available, The exception to intersections applies only to two service station -sites located at the, same intersection.. ".Back to back" service station are prohibited. 21-403:7 The service station site area will have a minimum of 15,000 square feet for a two -hay station, plus 2,000 square feet for each additional bay proposed to he constructed. The lot frontage, if located on a major street, will notbe less than 125.feet. 21-403.8 Buildings will be of the type of construction as defined in the.Service Station Uniform Building Code, and are to be located at a distance of not less than ten (10) feet I from property or building setback lines. (EXCEPTION: Structures having two-hour fire wall construction may be located at less than the minimum distance herein specified provided that all buildings con- form with the requirements of the Uniform Building Code). 21-403.9 Canopies -,fill be constructed of incombustible materials, will he open on not less than two (2) sides and may be attached -to the main service station structure, and will not extend clo�'er than ten (10) feet to any other structure"ron the i site nor closer than ten (10) feet.. to -any interior property line- ; 114 0 0 11-403.10 Gao6lin@ pumps and pump iolando will be oei back fifteen (i5) feet from property 'lines at building optb&ek lines, 21-403,11 No b@vviad otdtim ohdil have aft @ftttafide be exit for vehicles within fatty (40) feet of an intet- Ae6ting majoe th6roughWei which is Oft the wine side of the §tveet, 21-40.12 The mitimuth elogegt digtdhdc- ftbift the service @CA- tii5ri site to aft existing school, pack; OldygkouftAi fflug6tifti at place of publit Aa§effibiy will be not less than 350 fbot, 21=403;13 No 6titdo6t f9e.6ftg6 of rental ttuckd or ttg1letbi §badkd of titLag of other' tfittdhandibee will be pro- vided by the g@tvieo F3taftoft except when guth equip= ft 6 approved ffiefit at ifioedhafidi,go is §etu� -d by, An appt hd fefibe ftoL tebg than six (6) feet iti ht'igbt; 21-4,03.14, Self-service service with attendant will he permitted. will 21-403.15 Coin operated service stations will not be permitted. 21-404 G a6Quingi itesi ties ana uravej. 'fly E-kEtacti6fis from at &P66it§ oft the earth or ttvLik AeL-A§ of eod-ki §Ofi63 gf&Vdlg §dfidj Lbaftfij filifiefdIgi of building Or d0d= §tVudCt6fi ffide@ftaIg A&II be permitted in any district: Any other such d@po§i6 dv ektradftofi AM be subject to & Oofi= ditidtiat Umo Ntifiie as set forth in 8debi6ft 26=500i H5 1-1 1 'Ex for the foundation or basement of any building, or. -for a swimming pool for which a Zoning Permit and a building permit have been issued, or deposits on the earth of building or construction materials to be used in a structure for which a Zoning Permit and building permit have been issued. 21-404.2 Grading in a subdivision which has been approved by the City in accordance with the Petaluma Subdivision Ordinance. 21-404.1 The Planning Commission may grant Conditional Use Permits, revocable and valid for specified periods of time, to permit extractions from or deposits on the earth or river areas of rock, stone gravel, sand, earth, minerals, or building or construction materials as set forth in Section 26-500 of this Ordinance. 21-404.4 The City Engineer shall make such inspections as he deems necessary or as are required by the Planning Commission to insure that all work is'in accordance with the Conditional Use Permit. The actual cost to the City of all inspection services shall be paid for by the applicant. 21-404.5 The conditions under which a Conditional Use Permit - for excavation from or depositing on the earth or river areas of said materials may be issued, may 116 include but:are not. limited to .any requirements deemed necessary to protect the public health, safety, comfort, convenience or general welfare including, insurance against liability arising frft ' Productionor activities or operations .incidental thereto; completion of the work, and cleaning Up *6$ planting in accordance with approved plafitt deli$• nation, of area in which work_. may be done; deaigna., tion of slope to which excavation may be made Mad/®p the grade of fill slopes; provisions for controhlif dust; hours during which operations may procee�9; precautions which Musa be taken to. !guide safe trat it movements by vehicles or vessels in and ar6tih4,a" by said operation.; enclosure by fences or esaerior boundaries of property to be used pd6ting-of 16W to assure compliance :with said Permit acid lay other, conditions deemed necessary by the Planning Co�ieo$oi' The Planning Commission may include any conditi A19 ; recommended by the City Engineer. „ �21.404.6 Any quarry existing and operating as such on - the effective date of this section or which �. I may hereafter be annexed, shall obtain a new Conditional Use Permit. 117 ;; 21-405 Mobile Home Park,, A _mobile home park in any district in which it Iis a Conditional Use, shall conform .to: the following ' design,. equipment, and operational requirements: 2— ' ,21-405.1 Section Uses. The following uses shall be permitted subject to the obtaining of a l / Use Permit, and shall be in strict conformity ' with the permit to be issued and any and all conditions attached to the said permit: 'mot > ^-= ncipal use, residential mobile home; !,,incidental uses located on the same -e and oriented for the use of the ' ;idents of the mobile home park such as; not necessarily limited to, community hers; laundry centers, community pool, wash, sale and display of mobile homes �•. sated on a mobile home space, and other, creational facilities. j - c.. Maximum. Density for the Mobile Home P.ark,: • Seven (7) units per gross acre;, d.` Sanitary Sewer and Water: Each mobile home space shall be provided with connections to the.City 1 . sewer and water services; r ' e. Drainage Facilities and Utility Services: All storm drainage facilities shall be placed under- ground in conformance with City Standards. All. ' utility distribution facilities (including but I not limited to electric, communication and cable television lines) installed in and for the pur- pose of supplying service to any mobile home park 118 shall be placed underground, except as follows,': Equipment appurtenant to unde'rgr.ound faci.l i.ties, such a's surface -mounted transformers pedestal mounted terminal boxes and meter cabinets and concealed ducts., The developer is responsible for complying'with the requirements of this Section, and shall make the necessary arrangements, with the utility com- panies involved for the installation of said facilities. The Planning Commission may waive the requirements of this Section if topographical, soil or any other conditions make underground in- stallation of said facilities unreasonable or impractical. f. Signs: One (1) non=flashing lighted or unlighted identification sign, not, exceeding twelve (12) square feet,, shall be permitted. 21-405.33 Yard and Setback Standards. The following minimum standards mith respect'to set= back., side and rear yard, shall apply, to the peri- meters of a mobile home'"park. a._ Yard setbacks shall be measured perpendicular to the property line' or from a future .street or high. - way line.as shown on the Petaluma General Plan. 11.9 ,1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1' or adopted precise street plan line; b. Yard setback provisions shall apply to main Wand accessory structures; c. Each mobile home park shall have a front yard setback of twenty (20) feet extending for the full width of the parcel devoted to said use; d. Each mobile home park shall have a rear and side yard setback or not less than fifteen (15) feet, except where the side or rear yards abut the street, in which event the setback shall be not less than twenty (20) feet; e. Walls and Screening. Appropriate decorative screening of not less than six (6) feet in height shall be constructed along all boundaries ad- joining other properties. Three (3) foot screening shall be constructed along all boundaries ad- joining a street or road. The screening herein required shall be designed so as to effectively screen the property, and may be constructed of solid or other material such as, but not neces- sarily limited to, block masonry, Pylaster wooden fencing and wooden fencing. 21-405.'3+The following standards shall apply to the interior facilities of a mobile home park: 120 a. Community Center Area (Park and Recreational Space): A minimum of 250 square feet of net usable area per unit shall be provided for a combination of both indoor and outdoor commun- ity recreation and service facilities. Indoor facilities shall be provided on a basis of 50 square feet per unit for the .first 150 units and 10 square feet for each additional unit. If the.development of the park is to be done in phase construction, then the community cen- ter area must be developed duririg,the construc- tion of Phase No.'l; b. Parking Requirements: At least one (1) parking space (9' x .19') on each mobile, -home space, shall be provided with .the overall parking re- quirements to provide that there shall be a total of not less than two (2) 9' x 19' spaces per mobile home space.. Additionalguest and service parking may be required as a condition of site design -review and shall be dispersed adequately within the development. c. Interior Access Drives: Access drives shall be paved to a width of not less than 25 .fee.t from shoulder to shoulder. Access drives shall be 33 feet in width if car parking is permitted on 121 one side and 41 feet in width if car parking is both permitted on sides. i ' i 1. . All drives shall be paved with asphaltic concrete on adequate subbase material with concrete curbs and gutters. All such con- struction and improvement shall be in ac- cordance with City subdivision standards i or other minimum as established by the j Department of Public Works. j 2. No access drive shall be located closer than ' 100 feet to any public street intersection.. ' 1 3. All dead end drives shall have a minimum outside turning radius of 38 feet; 4. All corners shall have a minimum 15 foot radius; 5. Curbs and gutters shall be installed.on both sides of all access drives; 6. All access drives shall be adequately lighted; %. Ra C'h Si t-P Ahn1 1 frnnt- nn nn nrnnoo r4-4,,-- 4 ' d. Setback Requirements (Interior ;; 122 1. There shall be not less than 10 feet of space between each mobile home. Where res- idential mobile homes are located near any permitted building or structure,. other than another mobile home, the mnimum,space b.e-, tween the mobile home and said.building or structure shall be 20 feet; 2. Front yard: There shall be a minimum front yard of ten (10) feet extending for the full width of the mobile home space; 3. Side and Rear Yards: There shall be a min- imum side and rear yard of 5 feet from all space lines. Where the side or rear yard abuts an access road, public parking area or walk, said side or rear yard shall not be less than 10 feet. e. Storage Areas: Individual storage areas for each mobile home site shall be provided as part of the development. Service vehicles and equipment used for maintenance of the mobile home park shall be stored in enclosed or en - fenced areas. A storage area may be provided for the benefit of the residents in which to store boats, small trailers and other sundry type licensed vehicles. These areas must be 123 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 thoroughly screened and fenced and designed so as to be easily accessible and compatible with the residential spaces. i f. Management Office: Each mobile home park shall maintain a management office which shall be per- manently installed as such and which shall meet i all requirements of law and with respect to san- itation and other like facilities. The manage- ment office shall provide suitable facilitie's for mail distribution. g. Pedestrial Walkway: Interior pedestrian walk- ways shall be required for interior pedestrian movement and shall be separate from and over and I above any requirements for vehicular traffic. i I h.. Any other uses which are clearly incidental and subordinate to the principal use may be installed into the development but must have site design approval by the Planning Commission. 21-405.Landscaping: A comprehensive landscape plan shall be required which will indicate open space, lawn, rec- reational areas, tree plantings and shrubbery and proposed types of plantings. 21-406 Temporary Subdivision Sales Offices. One temporary sales office 124 in a-subdvvision of not .le's.s than'five (5) acres located not less than 'two hundred (200) feet from any existing dwelling outside of the subdivision measured along street lines shall be permitted subject to the granting of a sub- division sales office permit.'. A permit for a subdivision h sales office may be is,sued.'by .the Zoning Administrator (Planning Director,):at any time after the recordation of the subdivision and shall become void. one (1) year follow- ing the date on which the permit Was Issued, and' the �office shall be, removed unless thi_rt,y (30) days prior to .the expir- ation date of one (i) year, renewal of.the permit for an additional per-iod of not more .than one (1) ye_ar shall.be approved by the-Zon ng Administrator (Planning Dire.ctor,). Mobile office trailers shall be permitted as a .temporaryr use in Commercial Zones and Districts except the C-N.,and C-C Zones or Districts and any commercial, zone located within Fire Zone #1, and shall also be permitted in'M-L and M-G 'Zones or Districts„ subject to the granting of a mobile office trailer permit. The permit for the Mobile Office. Trailer may be issued, by the. Zoning Administrator (Planning Director) subject, to 'the .followi-ng conditions: 21-406.1 A mobile office trailer shall be permitted on a .lot or contiguous lots under one ownership. The lot or contiguous lots -shall have a minimum area of twenty thousand (20„000) square feet with a minimum frontage 125 S of seventy (70) feet and with a minimum depth of one hundred (100) feet. 21-406.2 The mobile office trailer shall be placed so as to provide a front yard setback of not less than t fifty (50) feet, and located so that the mobile office trailer.shall be not less than twenty (20) feet from any existing buildings or structures on or off the site. Side yard and rear yard set- backs shall be not less than the setback required for the zone or district of the site. 21-406:3 The location, the spacing and the mobile office trailer shall first have received approval of the Fire Chief and the Building Official. The type, design and location of the mobile office trailer shall not be incompatible with the adjacent devel- opment. 21-406.4 The mobile office trailer shall be of a type that is designed specifically for office use, shall be in good presentable condition and licensed by the State of California. The permit for the mobile office trailer shall become void twelve (12) months following the date upon which the permit was issued, and the mobile office I trailer shall be removed unless thirty (30) days prior to the expiration date, the renewal of the permit for a period of not more than an additional six (6) 126 months shall be approved by the. Zoning Administrator (Planning Director). In trailer be in no event shall a mobile office placed any permitted zone or'--..._.:'::.. district for longer than eighteen (18) months. ' • a, 1 • 1 1 127 ' ARTICLE 22 PERFORMANCE STANDARDS I SECTION 'PURPOSE 22-100 OF PERFORMANCE STANDARDS ' This Article is intended to permit objective and precise measurement of the i impact of nuisances; to establish pe.rmi,ssable limits,for each nuisance; to ensure that all industries will provide necessary control measures to pro- tect the community from hazards and nuisances; and to protect any industry from arbitrary exclusion. I SECT -ION 22-200' GENERAL No land or building in any District shall be used or occupied in such a manner as to create any dangerous,, injurious, noxious or otherwise objec- tionable fire, explosive, or other hazard; noise or vibration; smoke, dust I odor or other- form of air pollution; heat; cold dampness, electrical or ' other disturbance; glare; liquid or solid refuse or wastes; or other sub- stances, conditions.or elementsrwhich would affect adversely the surrounding ' area or adjoining premises; the foregoing are hereinafter. referred to as ','dangerous or-objectiona'ble elements." No use shall be undertaken or main- tained unless it conforms tb the regulations of .this .Section in addition to the regulations set forth for the District in which such use is situated. 22-201 IPerformance Standards'Procedure.. ' 22-201.1 Those use's specified in the M Districts as sub- ject to performance standards, and uses acces- sory thereto, are subject to Performance Stand- ards Procedure specified in Section 26-600 in •� i obtaining a Zoning Permit. In addition, should 128 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 f 22-203.2 In the M�District; five hundred (500) feet from the establishment or us.e, or at the boundary of the'D.istrict,, if closer to the establishment or use,,or at any point within.an adjacent non -in- dustrial district. I SECTION 22-300 DANGEROUS AND OBJECTIONABLE ELEMENTS 22-301 Noise. The maximum sound pressure level radiated by any use or facility at the points of measurement specified in Section 22-203, shall not exceed the values in the desig- nated octave bands given in Table 1, after applying the corrections shown in Table II, except that normal house- hold appliances or equipment in use during the hours of 7 a.m. to 7 p.m. shall not be subject to these regulations. The sound pressure level shall be measured with a Sound Level Meter and associated Octave Band Analyzer conforming to standards prescribed by the American Standards Assoc- iation. (American Standard Sound Level Meters for Measure- ment of Noise and Other Sound Z24. 3-1944, American 1 Standards Association, Inc.., New York.,.N.Y., and American Standard Specification for an Octave -Band Filter Set for the Analysis of Noise and Other Sounds, Z24. 10-1953, or latest approved revision thereof, American Standards As- sociation, Inc.., New York, N.Y., shall be used). 130 TABLE 1 Maximum p,ermi.ssab-le. sound ;pressure levels at the points of measurement specified in Section 22-,203 fo:r noise, ra- diated continuously from a facility between the hours of, 7 p.m. and 7 a.m,. Frequency Band Curves Per Second 20 - 75 75 - 150 150 - 300 300 - 600 600 - 1200 1200 - 2400 2400 - 4800 4800 - 10000 Sound Pressure Level Decibels re 0.0002.dyne/cm2_ 69 60 56 51 42 40 38 35 If the noise is not smooth and continuous and is not ra- diated between the hours of 7 p.m. and 7 a.m., one or more of the ,corrections in ,Table II shall be applied to the decibel levels given in Table L. TABLE ,II Type. or Location of Operation or Character of Noise 1. Daytime operation only (7' a.m. to 7 p.m.) 2. Noise source operates less than: a. 2.0 of any one hour period b. 5% of any one hour period. C. 1% of any one hour period 3. Noise of impu-lseive character (hammering, etc.) 4. Noise rising or falling in pitch or volume (hum:, screech,, etc.) Apply one. of these corrections only.. 131 Correction In Decibels, +5 -5 vibration shall be produced which is trans- mitted through the ground and i.s di.scerni.ble without the aid of instruments at the points of measurement specified in Section 22-203 nor shall any vibration produced exceed 0.002g peak at up to fifty (50) cps frequency, measured at 1 the point of measurement specified in Section 22-203 using ' either seismic or electronic vibration measuring equipment. Vibrations occurring at higher than fifty (50) cps frequency 1 or a periodic vibration shall not induce accelerations ex- ceeding .001g. Single impulse periodic vibrations occurring at an average interval greater than five (5) minutes shall not induce accelerations exceeding .01g. 1 22-303 Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily 1 detectable when diluted -in the ratio of one volume of odor- ous air to four volumes of clean air at the points of measure- 1 ment specified in Section 22-203 or at the point of greatest 1 concentration. Any process which may involve the creation or emission of.any odors shall be provided with a secondary ' safeguard system, so that control will be maintained if the primary safe -guard system should fail. There is here- by established as a guide in determining such quantities of offensive odors Table III, 'Odor Thresholds," in Chapter 5, "Air'Pollution Abatement Manual,11 copyright 1959, by Manu- facturing Chemists' Association, Inc., Washington D.C., and ' 132 said manual., andfor table as subsequently amended. .22-304 Glare. 22-304.1 Direct Glare. Direct glarekis defined for the purpose of this Ordinance as illumination visible at the points of measurement specified in Section 22-203 caused by,direct or specularly re•f.lected•. rays from incandescent, fluorescent, or arc lighting., or from such high temperature 'processes as welding, or petroleum or metallur.igcal re - No such direct glare shall be permitted with the ,exception that parking areas and walkways may be illuminated by luminarie-s so hooded or shielded that the maximum angle of the cone of direct illumination shall be sixty (60) degrees if the luminary is not less than six (6) feet above,the ground. Such luminaries shall be placed not more than sixteen (1.6) feet above ground level and the maximum illumination at ground level shall not be 'in excess of three (3)foot- candles . 22-304.2 .Indirect Glare. Indirect glare is defined for the purpose of this Ordinance as illumination visible at the points of measurement specified in Section 133 ' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 22-203 caused by diffuse reflection from a sur- face such as a wall or roof of a structure. In- direct glare shall not exceed that value which is produced by an illumination of the reflecting surface not to exceed: .3 foot-candles (maximum) .1 foot-candle (average) Deliberately induced sky -reflected glare, as by casting a beam'upwar,d for advertising purposes, is specifically prohibited. 22-305 Fire-and'Explosion°;Hazards. All activities involving, and all storage of, inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire- fighting and fire suppression equipment and devices stand- and in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of State and local laws and regulations shall also apply. 22-306 Heat. For the purposes of this Ordinance, heat is defined as thermal energy of a radioactive, conductive or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of ten (10) degrees F., whether such change be in the air or on the ground, in a natural stream or lake, or in any structure on such adjacent property. 134 01 22-_JO7 22-308 22-309 Radioactivity .or Electric bistutbdhde.. No activities shall be permitted which emit darigetcids radioactivity' at Any point; or electrical disturbance adversely ak-a fectirig the operation of any equipment other than that of the cieatortiof such disturbance. Smoke, -Fumes, Gases, Dust., Particulate utter. 'No emission shall be permitted at any point which would violate the current regulation for such emission as established by the San.Francisco Bay Area Air Pollu- tion Control bistrict: Liquid .or Solid Wastes. No discharge shall be per- mitted at any point into any p6blic sewer,, private sewage system, or .stream or into the ground, except in accordwith standards approved by the State and County Departments of Health. and local ordinances, of any materials of such nature or temperature as can contaminate any water supply, interfere with bac- terial processes in sewage treatment; or other -wise cause the' emiss-ion of dangerous or offensive ele meets. There 'shall be no accumulation outdoors of solid. wastes conducive to the breeding of rodents - or insects, unless s..tored in closed containers. 135 I . :1 - 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 PARTICLE 23 LANDSCAPING AND SCREENING SECTION 23-100 LANDSCAPING Landscaping refers to4planting and related improvements such as pools, walk- ; P ways, rock work, sculpture, etc. provided for +'the purpose of beautifying and enh'ancing'a property, for the control oferosion and -the, reduction of glare. 23-101 When an area is required to be landscaped under the terms of this'Ordinance, the requirement may be met by the installation and maintenance as set forth below, of a combination of shrubs, trees, vines, lawn or other ground cover_, water surfaces and paved or gravelled surfaces provided that such gravelled area shall.not cover more than ten (10) percent of the area required to be landscaped. '23-102 Plant materials -shall be selected from among those species and varieties known to thrive in the Petaluma climate. The Zoning Administrator (Planning Director) may require the sub- stitution of.any plant material which he has reason to believe will not survive successfully under the particular conditions of the site in question. 23-.103 Whenever street trees are required to be installed, such street trees shall conform to the street tree planting plan of the City of Petaluma in terms of variety, size and spacing, or if the plan is not applicable, shall be selected from a list of ap- I proved street trees supplied by the Petaluma Park Department. I I SECTION 23-200 SCREENING Screening refers to a wall, fence, hedge, informal planting, or berm, provided 136 r for the purpose of buffering a, building or activity from neighboring areas or from the street. When required, screening may be provided by one or more of the following means: 2'3-201 A solid masonry wall meeting the standards of the. etaluma Building Inspector. y 23-203—. A solid board fence of approved design with wood posts not less than four (4) inches by four (4) inches and sollid board cover not less. than one .(I) inch in thickness. 'Masonry piers may be substituted for wood.post.s. Posts or piers shall be spaced not more than-stx feet on centers., 23-203 An opaque evergreen trimmed hedge,, the thicknes's of: which shall not ble less than forty (40) percent of its required or intended height. 23-204 An opaque evergreen informal screen planting, the.thickness of which shall not be less than fifty (50) percent of its required.or intended height. 23-205 An earth berm may be used in combination with -,any of the above types of screening, but not more than two—thirds. (2./3) of the required height of such screening may be provided by the berm: 137 213- 2- 6`6'; Height an LOqation_of Screening. Unless otherwise specified i :?'..)''. ; i i.•'..; • -i a' .� i?'a a ^ sa -�;i F �a3 l%3?aB; :::'+ x ' it'd ;; !�'� .i. J "; � f,� :� ' screening required by this Ordinance shall be not less than 7j1" 16 " in height, ex' six cept that adjacent to the feet front " s't'r'e_etL yard- or-side.yard of an adjoining lot in an R, C-0, or A District such'screening shall be not less than thirty QO). inches.. -not., more. than, .,f:o rpy, inches in height. W All� -Scre�ning shall ,,f�ol-lo ;line of the lot to be 44. screenecL,-%%,_orb shall,•be -R9 -.Ay--r-Apged-,withmin the boundaries of the lot as to substantially hide from adjoining properties the building, facility, or activity required to be screened. 23-207 Prescribed,screening it,79V14-ded along a lot line so:.longas,,.a.,.build:i.ng,IKql--I,,:c,,8ollid,-fence, or freestanding wall of.the_required height%exists,jmmediately abutting and on the other side of the lot -Tine.. SECTION 23-300 STANDARDS FQR.INSTA-LLATIONrADM;MAIN'E-ENANCE 23-301 .All planting,shalI be,-.mainta,tqg4!_n-.good growing condition. 1 1 1 1 Sudh-naintenance shall.. pruning, mowing,- di weeng,,� �eing,, -felF, nv. Ia-.n �LiJJ:tKlng, and regular watering. Whenever necessary, planting shall be replaced with other plant 1A materials -to insure contififjiM—cbffi'O.lf4iice with applicable land- , 'scaping requirements. Whenever required herein or whenever J the Zoning Administrator (Planning Director) shall deem it necessary, he may require the installation of an appropriate automatic irrigation system, 138 3=-302 Heights of plant sc.'reens or hedges specified herein indica e the height which may beexpected within three (33) years of planting. The. height ,at t'i_me of planting shall be .such that �in accordance with g6od land-scape practice the full required height may be achieved within a three (3) year period. 23-303 Masonry or wood'screening walls -shall be maintained in good repair including painting, if required, and shall be kept free of litter.or advertising. 23=304; The standards set forth -herein for location and height of landscaping or screening may be modified as directed by the Zoning Adminiist,rator (Planning Director) whenever it appears that such landscaping or screening would.constitute a danger to traffic by reason of impairment of vision at a street or driveway .intersection.. 23-.305 Along a lot line in or adjacent to an A or R Disttrict, except as specified ,in Section 23-206, required screening shall not be higher than six (6) feet, six (6) inches, and necessary trimming or pruning shall be employed to maintain this height. SECTION 23-400 EXISTING TREES Existing trees over six (6) inches in, diameter, measured three (3) .fee,.t above the base of the trunk, shall be retained whenever possible.. 139 1P, !' ` • - •f ARTICLE 24 EXCEPTIONS AND MODIFICATIONS ' The requirements and regulations of this Ordinance, shall be subject to the F� H following exceptions, modifications and interpretations: i SECTION 24-100, HEIGHT LIMITS H eight Limitations established bytl:s. Ordinance shall not apply: :' 24-101-::.�To__ch_urch spires, belfries, cupolas and domes;, morume-nts-,=-=wate-r_-_towers_,. fire_ .and. hose towers, silos'', observation towners., distributions and 'tran'smis:sion towers, lines; and poles, windmills, c'hmneys:, smokestacks -,.flag poles, radio towers, masts and aerials; public utility transmission and distribution lines shall be permitted in a11 districts without the necessity of obtaining a Use Permit, provided, however, that the route of all transmission* lines shall be submitted to the Planning Commission for review and recom- mendation prior to acquisition of rights -of -way therefore. other permitted public and semi-public buildings, provided that these are located on the ground floor of such build- ings and provided that for each one (1) foot by which the height of such building exceeds the maximum height other- wise permitted in the District, its side and rear yards shall be increased in.width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the District. 24-103 To elevator and, stair penthouses, water tanks, monitors and scenery lofts, provided no linear dimension of any such structure exceeds.fi£ty (50) percent of the corre- spbnding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, 140 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 gas Holders or other structures, where the manufacturing process requires a greater height: Provided, however, that any structure above the height otherwise permitted i in the District shall occupy no more.than twenty-five (25) percent of the area of thd0lot and shall be distant not less than twentyffive (25) feet from every interior lot. line . SECTION 24-200 FRONT YARD EXCEPTIONS AND MODIFICATIONS 24-201 On a site situated be-tween sites improved with buildings, _ the minimum front yard shall be the average depth of the front yards on`the improved sites adjoining the side lines of the site. 24-202 Where a site is not situated between s-ites improved with buildings and where sites comprising forty (40) percent of the frontage on a block are improved with buildings, the minimum front yard shall be the average of the ex- isting front yard depths, in the block. 24-203 In computing,.average front yard depth, a depth no greater than ten (10) feet more than the minimum required front yard shall be used in lieu of any greater existing front yard depth. 24-204 On a site which is not rectangular or approximately rec- tangular in shape, the required front yard shall be com- puted in a manner prescribed by the Zoning Administrator 141 I (Planning Director). 24-205 In any R District where the natural grade of the front yard portion of a lot has a slope such that'it is not. practicable to provide a,driweway with a grade of fif- teen (15) percent or less to a private garage or car!- port, the garage or carport may be located within the front yard but not less than six (6) feet from the front lot line. SECTION 24-300 SIDE AND, REAR YARD EXCEPTIONS AND MODIFI'C'ATIONS 24-301 On the street side of a corner lot, the minimum side yard, shall not be less than ten (10) feet, except. on a reversed corner lot the minimum side. yard shall be fifteen feet. 24-302 The minimum width of a.co'rner lot shall be ten (10). per- cent greater than the minimum lot width established for the district in which the lot is situated. 24-303 Where the side or rear lot line of a use other than a res- idential use adjoins or is ac.ro.ss a street from a lot in an R District, the side or,rear yard adjoining or opposite the R District shall be not less than that required in said R District. 24-304' Width of one iside yard.may be reduced when authorized by the Zoning Administrator (Planning Director) to a width not less than, three (3) feet; provided the sum of the 142 r I width of the two side yards is not less than the sum of the required yards. Such reduction may be authorized only when the, -Zoning Administrator finds it to be warranted by the location of existing buildings or conducive to the de- sirable development of two or more lots. 24-30.5 Owners of two or more adjoining lots may petition the Zoning Administrator (Planning Director) for the elimination of 1 the side yard on one side of the lot provided that a single . side yard twice the required side yard width is provided be on each lot. Such modification may authorized only when i the Zoning Administrator (Planning Director) finds it to be conducive to the unified development of a group of lots, and that the proposed development fully protects the property values and light and air of all adjacent lots not included in'the modified group. 1 24-306 On a site which is not rectangular or approximately rec- tangular in shape, the required.side and rear yards shall be computed in a manner prescribed by the Zoning Adminis- trator (Planning Director.). 1 SECTION 2440.0 PROJECTIONS INTO REQUIRED YARDS 24-401 The following architectural features may project into re- , . quired yards or courts, provided that no projection shall 1 extend into a public utility easement. 143 24-401.1 Cornices, or canopies, eves other architectural features, may project a distance not exceeding three (3) feet into any yard, "provided such..pro-, t: jec.tion shall not exceed one-half (1/2.) the other- =�4 _ wise required yard width or depth. 24-401.2 Fire escape's may project a distance not exceeding four (4) feet, sip; (6) inches into .any yard. ' ` 24-401.3 An uncovered stair and any necessary landings may ' project a distance not to exceed six (6) feet into a required front such stair and _ r yard, provided landing, except for a railing, shall not extend above the floor level of the first floor of the building: 24-401.4 Bay windows,, balconies, and' chimneys, may project ' a.distance not exceeding three (3) feet into any required yard, provided that such features do not ' occupy, in the aggregate more than one-third (.1/3) of the length of the building wall,on which they ar'e, located and provided such projections shall , no.t exceed one -.half (1/2) of the width of the side yard. SECTION:24-500 OTHER EXCEPTIONS Fences, walls, and retaining walls may occupy any required yardor, other open space, except _that fences and walls shall be no higher than three (3) TP-t" i feet, six ('6) inches -when located in the required front yard setback area, 1 the required setback area along the side street of a corner lottand along the rear or side property line of a reversed corner lot where it abuts t the front yard of the adjoining key lot, as shown on the Residential Fence Location Exhibit, Drawing No. 1. Not obstruction in excess of three (3) * feet six (6) inches in height 1hall',be located on a corner lot W� thin the '1 fronbf°yard and.street .sideyard setback area, except that trees shall be permitted.. Fences in all except R-1 Districts shall be subject to Archi- tectural. and Site Plan Approval as to location, height and material. SECTION 24-600 LOT COVERAGE MODIFICATION The Zoning AdmAbstrator (Planning Director) may grant lot coverage variances limited to five (5) percent in excess of the maximum lot coverage allowed, . in accordance with the provisions of Section 26-300. V. of � to .4 I 7 \ LO?IVER i \� for I r X -k—OT 4N \� L LOT or �:\� ICEY I KE F•\ \� LOT I I ct LOT F\\ . V) �- cc ------------ A-7 r — 20 20' L x< iREVERSECI I INTERIOR �5-, IJ-07. 1-FESIDENTIA-iL FEM��T L TION - TREE' T C E N D 4'HICH FENCE- SETBACK LIN,4. \\\\\\3-6"MAX1A4UM FENCE HEICIYT;,AREA.l BUILD/NC SfT544'ff UkE", PROPERTK LINES 0,4 A 'Ws6 Al -a ___z 1 1 1 1 1 1 1 1 ARTICLE 25' NON4ONFORMING' USES SECTION 25-106 PURPOSE The purpose .of the regulation of non -conforming uses is to control, reduce, or eliminate conflicts arising from the presence in any district of uses or structures not conforming to district regulations. Where the degree of conflict is.sufficiently great as to constitute an impairment of public welfare,. peace, or safety, it is the intent of this Article to provide an equitable process for the removal of such uses or structures. SECTION '25-200 DEFINITION 25-201 Non -Conforming Use. A non -conforming use is one which was originally legal but which does not presently conform to the provisions of the district in which it is situated. Any e previously existing use for which district regulations now require a'Use ,Permit, shall be deemed to be non -conforming until such a permit is secured. 25-202 Non -Conforming Structure. A non -conforming structure is one which was legal at the time of construction, but which does not presently conform to the provisions of the district in which it is situated. Any previously existing structure, including a sign or sign structure, for which district reg- ulations now require a Use Permit, shall be deemed to be non- conforming until such a permit is secured. SECTION 257300 USES:AND STRUCTURES SUBJECT TO MANDATORY DISCONTINUANCE Each of the non -conforming uses or structures specified in this Section is 147 ra deemed s .} �f,fciently objectionable, undesirable, and out of chara`c-ter' in, the ., district in which such use is ,located as to depreciate the value of other property and uses permitted in the district, and impair the proper and or- derly development and general welfare of. such district and the, community.. There'fore.each.s.uch non -conforming use or structure shall be discontinued i :on or'.,befcre the expiration of the time peri d specified herein, which• time period is specified for the p4pos'e of permitting the amortization r of the,value of such use:. The time period shall be measured from the date of adoption of ,this Ordinance or -from the date of adoption of any subsequent amendment thereof which has the effect of making any existing use or's.tructure non -conforming. 25-301 Billboards, outdoor advertising structures,: 1. Painted on buildings, walls or fences, two (2) years. 2. All' -other signs and outdoor advertising structures, three (3) years. 25-42 In any residential District, any non -conforming uses of �i open land, including but not limited to such uses as parking lots for commercial uses or other uses not related iI to permitted residential uses, may be continued for up to ' three (3) years after the effective date of this Ordinance, after which time such non -conforming use shall be discontinued. SECTION 25-40.0 REGULATION OF NON -CONFORMING USES AND STRUCTURES All non. -conforming uses or structures other than those listed in Section 25-300 above shall be subject to the following regula.tions:- 148 T ,' {2'5 0Z A 'nori=confbrm'ifig, use or s,truc'turer shall not be enlarged, 'extended, movedto different lot or a portion of the or ' parcel of land occupied by such use,except that a non- conforming structure may be reconstructed in such a way as to make it conforming. 25-402 No non -conforming use shall be changed to another non-confor- ming use without approval by the Planning Commission and then .� only to a use which, in the opinion of the Commission is of the same or of a more restricted nature. 25-403 A non -conforming use of a structure shall not be re-estab- lished has been discontinued if such use for a period of six (6) months or more, or has been changed to, or replaced . by, a.conforming use. Intent to resume use of a non -con- forming .structure shall not confer the right to do.so. 25-404 A non -conforming use of land, not involving a structure other than fences, signs, and buildings less than four hundred (400) ' square feet in area shall not be re-established if such use of land has been discontinued for a period of three (3) months or has been more,. or changed to, or replaced by, a conforming ' use. Intent to resume a non -conforming use of land shall not confer the right to do so. ' 25-405 A non -conforming -structure which is damaged by fire, flood, or act of God to an extent exceeding 50 percent of its value, as determined by the County assessor, shall not be restored 149 or reconstructed except in such a•manner and for such a use 1 as will conform to the regulations for the district in which it is situated. 25-406 Notwithstanding,any of the foregoing regulations, nothing. in this 'Section shall be deemed to prevent normal maintenance , and repair*of any use or structure or the carrying out upon issuance the of a building permit of major structural alter- ations or demolitions necessary in the interest of public safety. In granting such a building ,permit, the Building Inspector shall state the precise reason why such altera- tions were deemed necessary. SECTION 25-500 NON -CONFORMITY BY REASON OF NON-COMPLIANCE WITH. PERFORMANCE STANDARDS OR ABSENSE OF A CONDITIONAL USE PERMIT 25-501 Any use which is non -conforming at the time of the adoption of this Ordinance by reason of non-compliance with performance standards established herein in Article '22 shall adopt measures ' necessary to conform therewith within five (5) years of the adoption of this Ordinance. 25502 Any use which is non -conforming by reason of failure to secure a Use Permit shall be subject to the regulations of Sec-tion. 25-400 until such time as a Use Permit is secured. ' SECTION 25-600 CONSTRUCTION APPROVED PRIOR TO ORDINANCE ' A building,,/ st r-ucture or part thereof which, does not conform to' the regulations for the District in which it is situated, but for which a building permit was 150 'issued -prior to the. enactment of' this Ordinance, maybe completed providing work is prosecuted continuously 'and; without delay. Such building, structure or_part,thereof•shall be deemed to be 'a non -conforming use and shall there- af'ter 'be ,sub'ject to 'the restrictions set forth herein.. •>;'r -_ ` 't' 4 J� ; J 11i' • ;apt; .. : a1 r� •rv• 'ter : _.. ' u{: • s p�,.:f'n A �„i^''p , . � ;n, F�'�";;, '4�:tig_.. i�rr�t IL ' �, .. ,.. ' A I`' ,''� '`un; ft F,s P' _ 'fir. �'" ?,"!•, .�.n , ..1 � r A$T.YCLE 2,6' ' " ADMINISTRATYVE';PROCEDURES`,AND PERMITS CTIb 2'6.100 ',ZONING PERMITS he .p p'ose of the Zoning Pxmi't'is" to nsure compliance with the provis- b r A.. is�•Qrdnance Jim and after the effective date of this_..Ordinance no ownerYshalI establish or permit the esta'blishment^.o.f any new or changed ..use 'of'ari: land, bui4ding or sign until a Zoning Permit therefor has been ' is'sue'd by"`the Building Inspector. ' 26-101' Application. -Application shall be filed with the'Building Inspector by the property owner or agent thereof on a form pre:sc-ribed..by the Planning Commission. 26-.10� Accompanying Documents. The application shall be accompanied. by. drawings required by the' Building Code, and, in addition, a by a plot plan showing the,lot lines and dimensions and locations: -of improvements with dimensions and any other data necessary ...to'show-that yard requirements and all..other provisions of this Ordinance are fulfilled. 26-1Oa n`: Issuance of Permit. The Building Inspector shall issuea Zoning Permit, if he finds that the structure, building or premises, and the proposed use thereof, conform with re;- quir'ements of this Ordinance, that any other reviews and actions, required by this Ordinance have been complied with, and,all necessary approvals secured. 15'2'' r.. 26-10# 2'6-105 Limitation on Ilse. Land or buildings may be occupied and w used only for the -use for which the Zoning Permit is issued. Revocation, 'When a Zoning Permit, has not been used within the date six(6) months after of granting thereof, then.,, without further action the: Permit' shall be deemed to be revoked. SECTION'26-200 ZONING ADMINISTRATOR 26-201 Creation Zoning Administrator. In to im- of order achieve proved coordination in:the administration of the Zoning ' Ordinance;.' to increase the efficiency of the zoning enforce- ment proceedings; to reduce the time consumed in processing ' applicatiQnzs'for the various permits and review prescribed Y herein to the Planning Commission°of and relieve certain routine functions in order that it may give its, attention ' to its primary responsibilityof comprehensive lann�in p g, . there is,liet6by created in the Department of Development - and Planning, a Zoning Administrator.. -The Zoning Administrator shall be the Director of Deve,lo&eftt a•nd Planning or he may delegate some ' person within his _department to actin his stead'. The <Zoning Ad mini sha-11,have. the powers and duties set ,forth be;lo.w:. 26-201.1 Accomplish all administrative actions required by ' the Ordinance, including the giving of notice., pre paring reports, reviewing Site .Plan and Ar,chitecturaJ 153 ' .;:.*'ta �,,•.p'� : r^`• :,�.t°. +'.y a �°1�wr;"., .1 ^. .r,,. :!t:: &� � .K.. ,c�;. •il •�. �•}.,d r = =- Approval applications, Conditional Permit appli- Planned Community Planned Unit cations, and and Development Plan submittals, receiving and pro- 'cessing appeals and receiving and accounting for - fees . ' 26-201.2 Supervise staff members assigned to zoning admin- istration. 26-201.3 Maintain the Zoning Ordinance, Zoning Map, and all •10 records of zoning actions and cases. ' 26-201.4 Interpret the Zoning Ordinance to members of the public, to City departments and other branches of City government., including preliminary nego- tiation with and advice to applicants for zoning administration action; subject to the policy of {' the Planning Commission and City Council. w" 26-201.5 Issue variances as provided herein. 26-201.6 Issue Zoning Permits for uses subject to the per- 1 herein. - forman.ce standards procedure, as provided 1 26-201.7 Report regularly to the Planning Commission on "Q:k.• the conduct of.his office including number of cases handled and their disposal and recommendations for F, changes and improvements in Ordinance regulations and procedures. ' 154 26-202 Appeal. Any person who is dissatisfied with a ruling or. N. :r.. interpretation of the Zoning Ad6i4strator may appeal the matter to the Ptanning, C mmi'ssion. P{ Such appeal shall be Nn maA, in writing to the Zoning, Administrator who will. cause �. e, ) the matter to be placed on the next available agenda of �+ 6e"'-Planning Commission. x� I 26-203 Public Hearing. A public hearing need not be h�ld.on,an appeal based upon the foregoing j section unless the Planning Commission deter- mines that a hearing is necessary in the public interest..; I ' 2.6-203.1 If' the Planning Commission shall find that a public hearing should be held; such hearing shall beheld by the 'Planning Commission•within,twenty (20) days from the date of application. 26-203.2 The .Planning Commission shall publish notice o_f ' 4 ~ r'•, such hearing in a newspaper of general circulation in the C'itj of Petaluma not less than ten (10) days 'prior to the date of said hearing. Failure of owners to receive notice of hearing shall not affect the Validity of action taken.. SECTION 26-30,0 VARIANCES, The purpose of tge Variance is to allow variation from the strict application i • of, the terms of this Ordinance where by reason of the exceptional narrowness, f shallowne.ss or unusual shape of a parcel of property on the effective date 155 1 ,1' .�R'G., " �,4�f, 'fi,'•CJn.{ v,7' . ,� . ' . 5....�'�" 1' f1Ji-`i7 : b . •_ PC''�f . _ " _7y F. rP}. .mob' Y,j[�,!'.f" �:�, •. ..,. •7 .. rir•. of "'thi, ti Ordinance; or by reason of exceptional topographic c-ondlf ,.ori• . 1), p he.r ,extra.ordi.nar.y situation or condi.t.i.un °o.f sitcl; parcel ; c--t- 1,, _6,as on of rYe use' or` development of property immediately ad oinin the ar.c,e1 in ues- P P P Y Y l .':..' g P q •r : -�: :.tion,; thel.:i':te'ral enforcement .of the requirements of this Ordinance would Lnvolv.e'* p'ractic4 difficulties or would cause undue hardship unnecessary to • 1 carry out the spirit and purpose of this Ordinance. In no'r_ase sha.1* a variance b'e granted to permit a use other than a use permitt,-d i.n the dis- ' I trict- in which -the property in.question is situated. ' I 1 26-301 Application. Application shall be made by the property owner -to the Zoning Administrator on a form provided by the City of Petaluma and shall be accompanied by maps, ' drawings and information required to demonstrate that the conditions set forth in this section apply to sub- ject property, together with any other data necessary to permit the Zoning Administrator or the Planning Commis- sion.to make the findings required herein. 2673.02 Fee. The fee for a variance shall be established by resolution of the City Council from time to time hereinafter enacted. 26-303 Conditions necessary for a Variance. The Zoning Adminis- trator shall grant a variance only when he finds the fol- lowing conditions to exist: 26-303.1 That there are peculiar and unusual conditions inherent in the property in question -sufficient to cause a hardship, and that such conditions are 156 t 1 "a��'A j�7. •� � 'v �''f 6 — � %i •'A:-;;= ?+,•4 2e '11•;'•i� ' ' f... ., •,, ,1• ! not common to all or most of the properties in 1 ; the immediate area. 1 26-303.2� Matta hardship peculiar to the property and not �r 1 .. created by any act of the owner exists. In this context, personal, family or financial difficulties, , loss of prospective profits, and neighboring viola- hardships 1 tions are not justifying a variance; 26-303.3 That such variance is necessary for the preservation 1 and enjoyment of substantial property rights poses- 1 sed by other proper -ties in the same zoning district and in the vicinity, and that, a variance, if granted, would not constitute a special privilege of the recipient not enj'oyed by his neighbors; 1 26-303.4 That the authorizing of such variance shall not be 1 of substantial detriment to adjacent property, and will not materially impair the purposes of this , Ordinance or the public interest. ME 26-304 Referral or Appeal to Planning Commission. The Zoning Adminis- trator may refer any application for a Variance to the Planning Commission for action, or any person who disagrees with a. ' ruling of the Zoning Administrator may appeal such ruling to the Planning Commission. In either case the Zoning Admin- istrator shall transmit the application and all exhibits there- with to the Planning Commission. The Planning Commission, in ' 157 J such case, shall grant. A variance onl.y i.f it c%an in,?ko the findings set forth in Section 26L303. ' � 26-305 Action of Administrator or Planning Commission. The Zoning Administrator or Planning Co"ramission shall act upon any application within twenty (20) days and may grant the variance, or ma-/ grant the variance subject to specified conditions or may deny the variance. The Zoning Administrator shall notify the applicant ' forthwith of any action taken All property owners within 300 feet of the boundaries of the nroperty at issue shall be notified of proposed variance. 26-305.1 No public hearing need be held for a Variance' acted upon by the Zoning Administrator, but when a Variance application has been referred or ap- pealed to the Planning Commission, then the Commis- sion, before acting, shall hold a hearing. Notice of the time and place of such hearing shall be mailed not less than ten days prior to the date thereof to all property owners, as shown on the Sonoma County tax roll, within 300 feet of the boundaries of the property at issue. 26-306 Building Inspector. When eleven (11) days have elapsed fol- lowing the granting of a variance by the Zoning Administrator or the Planning Commission, and provided there has been no appeal and the requirements of other applicable ordinances are complied with, the Building Inspector shall issue a Zoning Permit as provided in Section 26-100-of this Ordinance. 153 • 1 26-307 Recurrent Conditions. No variance shall he granted if the Zoning Administrator or the Planning Commission finds that 26-308 the condition of the specific piece of property, or the intended use of said property, for which variance is,sought, is so general or recurrent in nature as to make reasonably ' practicable the formulation of a general regulation for such consition. I Appeal to City Council. I 26-308.1 Within ten (10) days following the decision of ' the Planning Commission on a variance application, the decision may be appealed to the City Council ' by the applicant or any other interested patty. An appeal shall be made on,a form prescribed by the City and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there wasan error or abuse of dis- cretion by the Planning Commission wherein the de- cision is not supported by the evidence in the ' record. 26-308.2 Within five (5) days of the filing of an appeal, the Zoning Administrator shall transmit to the City Clerk the variance application, and all other data ' filed therewith, the minutes of the public hearing, if any, the report of the Zoning Administrator, anU the findings and decision of the Planning Commission. 159 1 1 1 1 1 1 1 1 1 1 1 1 1 1 26-308.3 The City Clerk shall set the matter for public hearing at a regular meeting of the Council not less than twenty (20) nor more than thirty (30) days after the filing of the apppeall and shall pub- , l e pu zc `«aLlng in e h --vE— th!&i: L i c: a Z-7d I I I 26-309 Action of the City Council. The City Council may affirm, reverse, or modify a decision of the Planning Commission on a variance application, provided that if a decision denying a variance is reversed or a decision granting a variance is modified, the City Council, on the basis of the record trans- mitted by the Zoning Administrator, and such additional evi- dence as may be submitted, shall make the findings prerequisite to the granting of a variance as prescribed in Section 26-303. A variance which has been the subject of an appeal to the City Council shall become effective immediately after it is granted by the Council, and the Building Inspectors shall issue a zoning permit as set forth in Section 26-306. 26-310 Lapse of Variance. A variance shall lapse and shall become void one (1) year following the date on which the variance became effective unless prior to the expiration of one (1) year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application or a zoning permit 160 l ` is issued authorizing occupancy of the site or structure' s which was the subject of the variance application. A Var- iance may be renewed for an additional period of one year . provided that prior to the expiration of one ('1) year from the date when the variance originally became effective, an application for renewal of the variance is made to the Zoning Administrator. The Zoning Administrator may grant or deny an application for renewal of a variance. Upon appeal, the City Council shall review the decision of the Zoning Administrator or the Planning Commission in accor- dance with the procedure prescribed in Section 26-308. 26-311 Enforcement. Violation of a variance, or of any conditions attached thereto, shall constitute a violation of this ordinance and shall be cause for enforcement action in ac- cordance with Article 28. 26-312 Transferrability. Unless specified oth'erwise.at the time the variance is granted pursuant to the provi-- sions of this Article, it shall run with the land and shall, be valid for the successors in interest of the original grantee. 26-313 New Application. Following the denial or revocation -of a variance no application for the same or a sub- stantially similar variance on the same site shall be filed within one (1) year unless it can be shown that there has been a substantial change in.conditions or environs. r -r. SECTION 26-400 SITE PLAN AND ARCHITECTURAL APPROVAL 1 The purpose of Site Plan and Architectural Approval is to secure compliance with this Ordinance and to promote the orderly and harmonious development 1 Site of the City of Petaluma. A Zoning Permit shall not be issued until tPlan and Architectural Approval has been obtained for any use requiring Site Plan and Architectural Approval in the District Regulations. J 26-401 Application. Application shall be made to the Planning 1' Commission on a form prescribed for this purpose, by the City of Petaluma. 26-402 Accompa.nying.Maps and Drawings Required. The application shall be accompanied by such maps and supporting documents, including a statement of the colors to be used, the types location type of materials proposed to be used, and of all signs to be placed on the buildings, site plans, all ele- vations and other drawings, as are necessary to enable the Planning Commission to make the determinations set forth below. 2:6-403 Investigation and Report. The, Zoning Administrator shall determine from data submitted whether the proposed use will meet the requirements of this Ordinance and shall prepare Planning a report thereon which shall be submitted_ to the i Commission. The report may recommend the application be approved as submitted, be disapproved or be approved sub- ject to conditions, specified changes or additions. i 162 &rT n R-1 ..�,'r?.... �d 26404 �Public Rearing. Upon the recommendation of, the Design - Review Committee, or up -Lmotions he Planning on I motion, - A, ti - ng Commission may hold a: pub id heari ng on an. application for site plan, -and architectural approval. If' -a hearing is held: the following procedure sha.11' beobserved: 26-404.1 Such hearing shall -be � held within th:irllty (.30) days of, the date. of receipt of th& application .,from the Committee. 26,404.2 The Planning Commission shall publish. a -notice of hearing in a newspaper of general circulation in the City of Petaluma not less than.ten (10) days prior to date of such hearing. In addition, the Commission may publicize the hearing in any other manner as it sees fit. 26-405 Action of the Planning Commission. The Planning Commission shall review the exhibits, together with the•report of. the Zoning Administrator, and based on these documents, evidence submitted at the public hearing if oneis held, and! the con- siderations set.forth below, may approve the project as ap- plied for,. approve the project with modifications, or, dis-, approve the project. In,taking action-, the Planni'ng Com'mis- sion shall consider the followings 26-405.1 It is the intent of -this Section that any control exercised be the minimum necessary to achieve a, satisfactory quality of -design in the individual building and its site, appropriatness:of the, 163 �'r :1:.:' l,y. ,,'�'A•"T'.j; ,�.:����r�'YT� }% y:SR� J� f_ . } r I I build ng. to its intended use.., and harmony of the development with its surroundings; satisfactory design .quality, appropriateness and harmony will involve, among other things: 1. The appropriate use of sound materials; and harmony and proportion of the overall design. 2. The architectural style which should be ap- . propriate for the project in question, but it is not the intent of this section to establish any particular architectural style. 3. The siting of the structure on the property, as I compared to the siting of other structures in the immediate neighborhood. I t , 4. .The size, location, design, color, number, 1 lighting and materials of all signs and out- door advertising structures. i 5. The bulk, height and color of the proposed structure as compared to the bulk, height and color of other structures in the immediate neighborhood. i 26-405,2 Whenever deemed appropriate by the Planning Com- mission, landscaping as defined herein shall be required on the site and shall be in keeping with ? the character or design of the site.,' Existing 164 trees shall be preserved wherever possible. 26-405.3 Ingress,.egress, internal traffic circulation, off-street parking facilities and pedestrian ways shall be so designed as to promote safety and convenience. ' 26-405.4 It is, recognized that good design character may require participation by a recognized p.rofeess'ional designer, such as an architect, landscape archi- tect or other practicing urban designer and the Planning Commission shall have the authorit„y,to require that an applicant hire such a. professional, when deemed necessary to achieve good design char- aater. 26-406 Review of Projects in Floodways and Floodplains. ApprovaI ' of plans for areas situated in floodways and in f'loodplains t shall be guided by the following principles. 26-406.1 Any structure permitted shall be flood ;proof and constructed and placed on the lot so as 'to offer the minimum obstruction to the flow of water, such, as placing the structure with open .end's parallel to the flow of water, rather than at right angleis to such flow. 26=406.2 Any structure permitted shall be firmly anchored to prevent the structure from floating away and '165 i . ._thus threatening to further restrict bridge open- sections of the channel. ings and other restricted 26-406.3 Where, in the opinion of the Planning Commission, i topographic data, engineering studies or other studies are needed to determine the effects of flooding on a proposed structure and/or the effect of the structure on the regulated floodway or floodplain, the Planning Commission may require the applicant to submit such data and/or studies pre- pared by competent engineers or other technical people. ' Z'6-407 Building Inspector. When eleven days have elapsed following Site Plan and Architectural Approval by the Planning Commis- ' I sion and provided there has been no appeal and all other ap- plicable "requirements of this and other Ordinances have been met, the Building Inspector shall issue a Zoning Permit, as provided in Section 26-100 of this Ordinance, and shall in- sure that development is undertaken and completed in conformity to the approved plans. 26-4'08 Appeal to City Council 26-408.1 Within ten (10) days following the date of a I ' decision of the Planning Commission on a Site Plan and Architectural Approval application, the decision I may be appealed to the City Council by the applicant 1 166 or by any other interested party. An appeal shall be made on a form provided by the City and shall 'be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or wherein ,its decision is not supported by�the evidence in the record. 26-408.2 Within five (5) days of, the filing of an appeal, the 'Zoning Administrator shall transmit to the City Clerk the Site Plan and,Architectural Ap- proval application, and all other data filed there- with, the minutes of the public hearing, if one was held, the report of the=Zoning Administrat,or and the findings and decision of the Commission. 2.6-408.3 The City Clerk shall set the matter for public hear- ing at a regular meeting of. the Council not less than twenty (20) nor more than thirty (30) days after the filing of. the appeal and shall publish notice of such hearing in'a newspaper of, general circulation in Petaluma. 26-409 Act -ion of City Council. The City Council may affirm, reverse, or modify a decision of the Planning Commission, provided that if a decision -denying an Architectural and Site .Plan Approval application is reversed or a decision granting a Site Plan. and Architectural Approval application is modified,, 167 .1 11 i f f 1 the Council, on the basis of the record transmitted by the Zoning Administrator and such additional evidence as may be submitted, shall be guided by the considerations set forth in Section 26-405. A Site Plan and Architectural Approval application which has been the subject of an appeal to the City Council shall become effective immed- iat'ly after it is granted by the Council. r SECTION 26-500 CONDITIONAL USE PERMITS The purpose of the Conditional Use Permit is to insure the proper inte- gration of uses which_, because of their special nature, may be suitable Ionly in certain locations and only provided such uses are arranged or op- erated in a particular manner. In considering an application for a con- Iditional use, the Planning Commission shall give due regard to.the nature and condition of all adjacent uses and structures, and to the general and specific requirements of Article 21. The Commission may approve, condit- ionally approve or deny an application for a conditional use. In granting conditional approval the Commission may impose such requirements and con- ditions in addition to those specified in Article 21, with respect to lo- cation, construction, maintenance, operation, and duration as may be deemed necessary for the protection of adjacent properties and the public interest. In addition to the review described herein, any proposed Con- ditional Use shall be subject to site plan and architectural approval in accordance with the procedures and standards set forth in Section 26-400. No additional application shall be required and no additional fee shall be i charged for such site plan and architectural review. When a Conditional t Use Permit has been issued in accordance with the provisions of this Section, 168 1k `ci�i'';? 'fir% q r; 'i •,: —^ _ fs 7..iti. ••ti• yy .' ,.i F ''H.•N*- ...j'.n «ram .. ^. it shall -be deemed to be the Zoning'Permit required by Section 26-100..... 26-501 Application. Application for a Conditional Use Permit shall be made by the property owner or certified agent thereof to the Planning Commission on a form prescribed for this purpose by the City of Petaluma and shall be accompanied by such additional- documents or supporting material as may be�,required for review of the proposed use, including, where appropriate., the plans, drawings and information to .permit a site plan and architectural review in accordance with,the procedure in Section 26-400. 26-502 Fee. The fee for a conditional use shall be estab- lashed by resolution of the Ci�:y,. Council from time to time hereinafter enacted . 26-503 Investigation and Report. The Zoning Adminis-trator shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission. 26-504 Public Hearing. The Planning Commission shall hold at least one public hearing on each application for a Condit- ional Use Permit. 26-504.1 Such hearing shall be held within forty-five (45) days of the date when the application was filed. 169 26-506 . I 26-504.2 The Planning Commission shall publish a notice of hearing in a newspaper of general circulation in the City of Petaluma not less than ten (10) days prior to the date of such hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken. In addit- ion, the Commission may publicize the hearing in any other manner as it sees fit. Findings. The Planning Commission shall approve a Condit- ional Use Permit, only when it has found that the proposed structure or use, subject to any conditions which it may have attached, will conform to the requirements and the in- tent of this Ordinance and the Petaluma General or Environ- mental Design Plans, and that such use will not under the circumstances of the particular case constitute a nuisance or be detrimental to the public welfare of the community. Building Inspector. When eleven days have elapsed after approval of a Conditional Use by the Planning Commission, and provided there has been no appeal and requirements of other applicable ordinances are complied with, the Build- ing Inspector may issue a Building Permit if one is required, and shall insure that the development. is undertaken and completed in compliance with said permits and any conditions established by the Commission. 170 Jr � 1 26-507 - Appeal to City Council. 26-507.1 Within ten (10) days following the date of a decision of the Planning Commission on a Use Permit application, the decision may be appealed to the City Council by the applicant or by any other interested party. An appeal shall be made on a form prescribed by the Commission and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of descretion by the Com- mission or wherein its decision is not supported by the evidence in the record. 26-507.2 Within five (5) days of the filing of an appeal, the Zoning -Administrator shall transmit to the City Clerk the Use Permit application and all other data filed therewith, the minutes of the public hearing, the report of the Zoning Admin- istrator and the findings and decision of the Com- mission. 26-507.3 The City Clerk shall set the matter for public hearing at a regular meeting of the Council not less than twenty (20) nor more than thirty (30) days after the filing of the appeal and shall publish notice of such hearing in a newspaper of 171 C �j/�i .�y r✓'. y"�ypt�{}J4r. i1 w�1:�i ;J. ^,�(� i IE general circulation in Petaluma. . 26-508 Action of City Council. The .City Council may affirm, re- verse, or modify a decision of the Planning Commission, i ' provided that if a decision denying a use permit is reversed or a decision granting a use permit is modified, the Council, ' on the basis of the record transmitted by the Zoning Admin- istrator and such additional evidence as may be submitted ' shall the findings make prerequisite to the granting of a ' use permit prescribed in Section 26-505. A use permit that I has been the subject of an appeal to the City Council shall ' become effective immediately after it is granted by the Council. 26-509 Revocation. ' 26-509.1 Upon violation of any applicable provision of this ' Ordinance, or, if granted subject to a condition or conditions, upon failure to comply with the condit- ion or conditions, be a use permit shall suspended. ' The Planning Commission shall hold a public hearing within sixty (60) days, in accordance with the pro- cedure prescribed in Section 26-504, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the use permit or take such action as may be neces- sary to ensure compliance with the regulation, gen- eral provision, or condition. Within ten (10) days 172 '1 of the date of a decision by the Commission re- voking a use permit,, the decision may be appealed to the City Council which shall review the decis- ion in accordance with the procedure prescribed in Section 26-507. 26-509•.2 In any case where a Conditional Use Permit has not been used within one (1) year after the date of granting thereof, then without further action, the permit shall be revoked and' be null and void. 26-510 New Application. Following the denial of a use permit appli- cation or the revocation of a use permit, no application for a use permit for the same or substantially the same condit- ional use on the same site shall be filed.within one (1) year from the date of denial or revocation of the use permit. 26-511 Use Permit to Run With Land. A use permit granted pursuant to the provisions of this Article shall run with the land and shall be valid for the successors in interest of the original grantee. SECTION 26-600 PERFORMANCE STANDARDS PROCEDURE The Zoning.Administrator, subject to the following procedure, may authorize issuance of a Zoning Permit for any use which is subject to Performance Stan- dards Procedure. 26-601 Application. An application for a Zoning Permit for a use subject to Performance Standards Procedure shall be submitted 173 26-6;02 i. 1 on a form prescribed by the City of Petaluma. The applicant shall also submit a -plan of the proposed construction or development, including a description of the proposed machinery,, processes and products, and specifications for mechanisms and techniques to be used in restricting the emission of dangerous and objectionable elements within the 'limits set forth in Article 22, all in accordance.with rules prescribed by the Zoning Administrator setting forth the. type and form of in- formation req;wired in such plans and specifications. The _fee for such.application shall be estabrished by resolution of the City Council from time to time hereinafter enacted. If the �. Zoning Adminstrator determines that it is necessary to make special tests or reports in connection with the application, ! he -shall require -a deposit of an amount of money adequate to cover the costs of such tests or reports. Any portion of the deposit unused for such tests or reports shall be returned to the applicant. If the amount of the deposit is insufficient to cover the costs of such tests or reports, the additional amount shall be paid by the applicant prior to issuance of the Zoning Permit. Report by Expert Consultants. If the Zoning Administrator believes the proposed use may cause the emission of dangerous or objectionable elements, he may refer the application for investigation and report to expert consultants qualified to advise as to whether a proposed use will conform to the appli- cable performance standards specified in Section 22-300. 174 N Such consultants shall report as promptly as possible. A copy of such report shall be furnished to the applicant. All costs incurred by such a requirement shall be made a part of the application fee as set forth above. 26-603 Review by Administrator. Within twenty (20) days after the Zoning Administrator has received the application, or the consultants' report if such was required, or within such longer period as may be agreed to by the applicant, the Zoning Administrator shall determine whether the pro- posed use will conform to the applicable performance stand- ards, and on such basis shall authorize issuance of a Zoning Permit, or may require a modification of the proposed plans, construction, specification, equipment or operation, or may deny the application for a Zoning Permit. Any Zoning Permit so authorized and issued shall be conditioned upon, among other things, (a) the applicant's completed buildings and installations conforming in operation to all applicable performance standards, and (b) the applicant paying the fees for services of the expert consultant or con- sultants deemed reasonable and necessary by the Zoning Admin- istrator to advise him as to whether or not the applicant's completed buildings and installation in operation are meeting the applicable performance standards. Issuance of a Zoning Permit shall.not free the applicant of responsibility for compliance with any and all performance standards. 175 1 J 'I 1 1 J 26-604 Continued Compliance. The owner or operator of each use ' to which performance standards apply shall be responsible for maintaining a continuing level of performance within the limits set by this Ordinance, as determined by the Building Inspector. The Building Inspector shall investi- gate any purported violation of performance standards, and ' if he finds a probably violation, shall notify the Zoning Administrator. The Zoning Administrator shall investigate the alleged violation, and for such investigation may em- ploy qualified experts. If he finds that a violation oc- curred or exists, a copy of said findings shall be forwarded to the Planning Commission. The services of any qualified experts, employed by the Zoning Administrator to advise 1 for by the in establishing a violation, shall be paid vio- lator if said violation is established, otherwise such costs shall be paid for by the City. I SECTION 26-700 P-C DISTRICT PROCEDURES ' A P-C District, as set forth in Article 19, may be established in the fol- lowing manner: 26-701 Planning Commission Action. Following a public hearing., and upon making the required findings, the Planning Commis- sion shall make a recommendation to the City Council for i appr--oval or modified approval of a proposed P-C District; and shall also adopt a resolution recommending that the City Council adopt the Planned Community Program as submitted 176 0 or as modified. Such recommendation and at least two (2) copies of the recommended Planned Community Program shall be forwarded to the City Council for its consideration. 26-701.1 If unable to make the required findings, the Planning Commission shall deny said application. 26-702 City Council Action. Upon receipt of a recommendation by the Planning Commission for approval or modified approval of any P-C District, the City Council shall set a public hearing on the matter; or, upon receipt of an appeal from an applicant in the case of a report by the Planning Com- mission that it has been unable to make the necessary findings the -City Council shall set a public hearing on the matter. 26-702.1 Following its public hearing the Council may adopt an amendment to the Zoning Ordinance es- tablishing a P-C District, or may deny the pro- posed amendment. The City Council shall make no modification of the proposed amendment as recom- mended by the Planning Commission unless and until such modifications have been' referred to the Plan - ping Commission for additional study,, report and recommendation. Such additional study, report and recommendation shall be made by the Planning Commis- sion within thirty (30) days of the date of the referral, unless and except`as the City Council may 177 1 1 1 1 1 1 1 1 1 1 1 grant the Planning Commission additional time for its review af•the matter. 26-702.2 At the time o6 adoption of a P-C District amend- ment, the City Council shall adopt, by resolution, the Planned Community Program; which'resolution as adopted or as may be thereafter modified, in accordance with this Section, shall establish the regulations for said P-C District and shall become a part thereof. 26-703 Development in a Planned Community District. Following the adoption of the P-C District amendment and the Planned Com- munity Program, all development within the District shall be in substantial conformity with the'said adopted General Development Plan and Development'Schedule or such modifications thereto as may have been approved. Such development may pro- ceed as follows: 26-703.1 The applicant may submit and the City may approve a tentative subdivision map in conformity with existing zoning and the General Development Plan for 'the area. 26-703.2 The applicant may submit and the City may approve a Planned Unit Development application in conformity with the General Development Plan for the area. 178 26-703.3 No work, including site.grading or rough grading of streets, or tree or brush removal other than that necessary for surveying, shall be commenced prior to one or the other of the procedures listed above. 26-704 Failure to Proceed. 26-704.1 Application for a Planned Unit District or for approval of a subdivision shall be made within two (2) years of the date upon which a P-C Dis- trict was established. Application for subse- quent units shall be made in keeping with the schedule established in the Development Schedule. 26-704.2 Failure to make such applications may cause the Planning Commission to initiate public hearings to review the zoning classification of the area, and to make recommendations to the City Council for appropriate rezoning of the district. 26-705 Modifications of the General Development Plan. 26-705.1 From time to time it may be necessary and desir- able to modify the approved General Development Plan., including the Development Schedule. Mod- ifications of such a plan may be initiated by the City Council, the Planning Commission, or by the property owner, his authorized agent or 179 n developer. 26-705.2 Requests for modifications shall be submitted form to the -Planning Commission in written and shall be accompanied by such additional maps, statements, or other information as may be re- quired to support the proposed modification. The Planning Commission shall consider the proposed modification at its next regular meeting. f26-705.3 If the proposed modification involves an addition ' of a new use or group of uses not shown on the original General Development Plan or the rearrange- ment of uses within the district, or if the Plan- ning Commission for any other reason deems it necessary, a public hearing shall be held on the proposed modification. a 26-705.4 Modification of an approved General Development ' Plan be by of the City shall made only resolution Council. Within thirty (30) days after receipt of a recommendation from the Planning Commission, the City Council shall approve or' -deny the pro- posed modification. r 180 It I I 1 5 ARTICLE 27 AMENDMENTS This Ordinance may be amended by changing the boundaries of any District or by changing any other provision thereof whenever the public necessity and convenience and general welfare require such amendment. No amendment shall be made unless the Planning Commission and City Council find the amendment to be in conformity with the General and Environmental Design Plans. SECTION 27-100 APPLICATIOR FOR,AMENDMENT- Amendment may be initiated by the City Council, the Planning Commission, the Zoning Administrator (Planning Director) or by an application of one or more owners. of property affected by the proposed amendment. An application made by one or more owners shall.be accompanied by a fee as. established by resolution of the City Council from time to time hereinafter enacted. SECTION 27-200 ACCOMPANYING MAPS AND DATA An application for an amendment shall be accompanied by maps, drawings, and data necessary to demonstrate that the proposed amendment is in con- formance with the Petaluma General and Environmental Design Plans, and that public necessity, convenience and general welfare require or permit the adoption of the proposed amendment. An accurate legal description and map of the land and any pertinent existing buildings shall be sub- mitted'with the application. The map shall include the following infor- mation: 1 27-201 All parcels of land, any parts of which are closer than five hundred (500) feet to any part of the property pro- posed to be rezoned. 181 R 27-202 Names and last known addresses of the recorded legal owners of all properties shown on the map. ' 2.7-203 Existing streets, streets proposed by an officially ' adopted plan of the City of Petaluma and all surface drainage channels. ' 27-204 Existing zoning of all land within five hundred (500) ' feet of the property proposed to be rezoned. I -10 SECTION 27-300 INVESTIGATION AND REPORT The Zoning Administrator (Planning Director) shall make an investigation ' of the proposed amendment and shall prepare a report thereon which shall be submitted to the Planning Commission. SECTION 27-400 PUBLIC.HEARING ' The Planning Commission shall hold a public hearing within forty-five (45) days of the filing of the application, as provided for herein. 27-401 Notice of Public.Hearing. Notice of.the time and place 65f hearing shall be published in a newspaper of general circulation in the City of Petaluma at, ' least ten (10) days prior to said,public hearing or.by mailing, postage prepaid,.a notice of the time and place of the hearing to -all persons whose names ' appear on the latest adopted tax roll of Sonoma t County as owning property within 500 feet of the boundaries of the property that is the subject of the hearing. ' 1 182 ' 27-4012 Action by the Planning Commission. at. ,Conclu'sion .of, Hearing. If,, at the conclusion of the hearing.•, " the Planning Commission shall find the amendment to be ' in conformance with the Petaluma General Plan and any applicable Environmental Design Plan, and con- sistent With the public necessity, convenience, and general welfare, it may recommend amendment,of this t ordinance. The recommendation shall be by resolution of the Planning Commission carried by the affirmative votes of one more, ' than a majority. -of the members pre- sent; failure of such a resolution to win the neces= sary affirmative votes shall be deemed to be a denial of the application. .Denial of an application shall in all cases, except an amendment initiated by the City Council, terminate the.proceedings anless such decision is appealed to the. City Council as provided below. I 271-403 Modification by Planning Commission. After a public hearing, the City Planning Commission may modify any proposed amend- ment by changing the wording of a proposed text amendment, reducing or enlarging the area, or changing the proposed district classification initially considered if it shall deem such modification necessary or desirable in the light of the requiredfindings set forth in -Section 27-402. If such a modification is recommended, the reasons therefor, along with a statement as to the initial proposal, shall be transmitted to the City Council with the recommendation. 183 14 SECTION 27-500 SUBMISSION OF RECOMMENDED AMENDMENT TO -CITY COUNCIL The recommendation of the Planning Commission shall be submitted to the City Council and shall be,accompanied by a report of findings, summary of hearings, and all data submitted with the application. SECTION 27-600 APPEAL FROM ACTION BY THE PLANNING COMMISSION DENYING AN APPLICATION In the event that the City Planning Commission denies a proposed amend- ment any person aggrieved by such decision may appeal said determination to the City Council by filing a written notice with the City Clerk. Only such evidence and plans as submitted and ruled upon by the Commission may accepted in an appeal. If additional evidence or modifications in plan are introduced, the case shall be returned to the Commission for new ruling. SECTION 27-700 PUBLIC HEARING BY CITY COUNCIL After receipt of a copy of any recommended amendment from the Planning Commission or upon appeal as provided above, and before adopting any amend- ment, the City Council shall set the matter for public hearing and shall give notice of -the timeandl place of the hearing by one ('1) publication in a newspaper of the City of Petaluma at.leas.t ten, (10) days prior to such hearing, ECTION 2.7-800, FINDINGS BY CITY_COUNCIL In order to,amend the Ordinance, the City Council shall find the following: 27-801 That -the proposed amendment is in general conformity with the'Petaluma General Plan and any applicable Environmental 184 V4 1 1 Design Plans. .. 27-802 That the public necessity, convenience anti general welfare require or clearly permit •the a& pt i on E 'the. pi-oc�osed , ar�6nd- ment. SECTION 27-900 CHANGES BY CITY COUNCIL If the City Council proposed to amend the Zoning Ordinance in a form al- tered from said amendment as recommended by the Planning Gomrlission, or from an amendment which has been denied by the Planning Commission, the City Council shall refer said matter back to the Planning Commission for report and recommendation before adoption. The failure of the Planning Commission to report within thirty (30) days after referral shall be deemed to be approval of the proposed'c.hange. SECTION 27-1000 EFFECT OF DENIAL OF APPLICATION Incase an application for an amendment to the Zoning Ordinance is denied, said application shall not be eligible for reconsideration by the Planning 1 Commission for one (1) year subsequent to such denial, except that a new 9 application affecting or including all or.part of the same property which is' -determined the - Planning Commission an termined by thPling Ciito 'be substtially different � a from the application denied, or an application denied without prejudice;t 11 may be eligible for consideration within one (1) year of the denial of the original application. SECTION,27-1100 ANNEXED AND 'UNZONED TERRITORY All territory which is annexed to the City which has not been pre -zoned and is thereby unzoned upon annexation, or any territory becoming unzoned for any reason, shall be classified in the S-Study District in accordance with Article. 18. 185 ia - -',qF; l�..t,` r rk A ..' t` . H,,Sr . ;}].i i. •�h� . i7„, - '1 . ,L.-. . ` ARTICLE .28_ ENFORCEMENT., VIOLATIONS, PENALTIES., ENACTMEW SECTf,0N 2.8=100 ` ENFORCEMENT "A_lh department officials and public}_employees of the City of Petaluma vested with the duty or authority,,to issue permits shall conform to the provisions of this,Ord'inance and shall issue no permit, certificate, or ' ;,license for buildings, in uses, or purposes conflict with the provisions of this Ordinance; and any such permit, certi.fi•cate; or license :issued in conflict with the provisions of this, Ordi;nance,.Antentionally or other- wise, shall be null and void: It shall be the duty of the Building In- ppector of the City of Petaluma, and the Zoning Administrator (Planning ,- _Director) to enforce the provisions of'thus Ordinance pertaining to the erection, construction, reconstruction,, moving,',conversion, alteration, 1 or addition to any building orstructure'and the�u'se of any land, build- ,. ing,.. or premise. SECTION-28-200 VIOLATI©NS AND PENALTIES_ 28-201 Any building or structure set- up, erected, constructed, altered, enlarged, converted., moved or maintained contrary to the provisions of this Ordinance, any use of the land, 'F building or premise established,�conducted,,operated or maintained c`ontrary'to ,the:,provi-sions of this Ordinance., shall be, and the same -hereby is declared to be, unlawful and a'public nuisance; and the City Attorney of the City of Petaluma shall t �` ' s , upon order of the City Counc`v , immed- iately commence action o,r proceedings for the abatement f and removal and enjoinment ,thereof in the manner provided by law, and shall take,'.such other steps and shall supply to such Courts-as•may.have jurisdiction to grant relief as will abate and remove such building or structure, and 186 14 mtrain and enjoin any poroon, firift or poration-f rom §@tting upi @r@c;tiAgj bulit"Ung, -iftg property contra:ry any guth building or structure or u@1 to the pv@vi@ioYi@ of tbl& O'fdihayieei 28-202 An P@r@ofi, 11-rm of aotpdration, whether as -prindipal, dg@rit-3 6fflplpyo@3 or 6thetwee, v 1" 6 1 dting or causing the -181oiis of this, Ordinance, violdft6ft of any of the ptovi .1. 1 shall b@ guilty- of a miadoiwanor, and upon Conviction th@v@of shall- be ptiftighabl@ by a fine of not more than five hundred (SOP )IIdt§j or by imVriooftment for a term do §i-ha, n @@.@dift Er (6) ffiotit )c r by both such firke and ifnpviotiftwfit, Such person; firm or corporation -y of -ate §h&ll b@ d@oiii@d guilty a separate offense for each- dRd every day during any pantaft of which any violation of thin Ovdinana@ i@ aot-fi-mit r _d or 0--ont'-ftued by such. POFgafl:3 firm Or aarpotaft-ofij arid &hall be punishable, as h@r@-I-n provided Th@ Y@ffi@dL@@ py@vLd@d for h@v@Iin. ohalI be cufflulative and Flat SECTION'20-300 ENACTMENT 147 •.,r.:�'� �.;++�,•ipix;,:`{Y .;:t-f��t',a "tell^.`}r�,-_�� 'a° 1 .5_ar, "�-_ .. . �3�aif��s, •'Y'S.- •Y /y� ..(I.: �..ys^h_iie`: i�t��. i'.J}"��4,.4' •,}y~' .. "F :r. - -��M'�.0 tY * :'L.i-`'!'•'- Sr 3Y - i - - .i , FYf any s.ection;-subsection,--sentence, clause or, phrase of this Ordinance, is for any reason held by a court of compe,tent jurisdiction to be invalid, such a decision -shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Petaluma hereby declares that it would have passed this i Ordinance and each section,subsection, sentence, clause and phrase% thereof irrespective -of the fact that any one ,or more sections, subsections, sentences, clauses 1,Y or phrases be declared invalid, Earlier Ordinance: Repeal. The Zoning Or-dinance of the City. of Petaluma., adopted by the City Council on the ` fifth day 'of. November, 1962,, and any and all amendments ';.Y. u thereto, are hereby repealed. Such repeal shall, not j affect or impair any act 'done,'offense'committed, or right accruing', accrued, or acquired, or. liability, pen- a.lty, forfeiture, or punishment -incurred, prior to'the time such repeal takes effect', but'the same may be joined, asserted, enforced,. -prosecuted, or inflicted as ; :.fully and to the same extent as if :such repeal had .not :Y. .. been effected.. I . SECTION 28-303 The City Clerk be, and she is -hereby directed to post this ordinance for the period and in the manner as required by the City Charter. I ORDERED POSTED this A th day of 'December 1972. 'AYES: CObhcilmen'CaVahagh, Jr., Clecak, Mattei, Perry, Jr., and Mayor Putnam. :NOES: None. ABSENT: Councilmen Brunner and Daly., one I hereby certify that the within ordinance was posted in . XrXe,public plac'e/in the City of Petaluma, to -wit: In, Y,,*W— _oXthei City Hall, ............................................................. AX xt ........ ................. ................................... on the.. a of : 5 , -Pecemb-&-r, ............................. 19 --- 72 .. . . ......... I hereby certify that the whole number of members of the Couril of the City of Petaluma seven, and that the foregoing ordinance was passed by the Council at its meeting of ....... 1-8-th d of .......... P!�...._....._...__._I._._......_....._._.__....._.eMber .......... . ay 19-7 2., by ;the "following vote, to -wit: Cavanacrh,. AYES: COUNCILMAN.I.__.................. Clecak ... COUNCILMAN: ............. �.: ....................... .................... AYES:, COUNqILMAN__ ... .Matte,i ..... .................................... COUNCILMAN: ... ------- ........ AYES: COUNCILMAN:-. ................. z ................................................. COUNCILMAN: ............... ..................... . .......... ...... Putnam MAYOR ............•------ --- ............. ------- ......... ----------------- NOES: ................ ......................................................... ABSENT: Councilmen .,Brunn-6t�i�d. Daly. ...................... ......... ATTEST: . ........ .................. . .............. (SEAL) CITY CLERK J 'The foregoing Ordinance Charter Series, having been regulaily passed And presented, to me this .... ........ day. of ... December ..... ....................... .. M ...........19.7.a.... is hereby approved by me aiis ..... 18-th ............... day of ........... pecember ........................ ............ ....... . .......... j /Effective date. 17 - ----- UZI MAYOR