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HomeMy WebLinkAboutOrdinance 1645 N.C.S. 04/21/1986. ,' _ ~yy~OCC t~ ~+9T r o N S ~~~CTI~E ®T ~~ RD~'~~V~~ PLAY 2' 1 1~6. ORDIN'AN,GE NO. Introduced By: Larry Tencer T645 N . C.. S . Seconded By: AN ORDINANCE MODIFYING EENGE REGULATIONS BY AMENDING ZONING ORDINANCE NO. 1072. N:.C.S. BY ADDING' TO ARTICLE 1, SECTION 1-203 A DEFINITION OF FENCE; AMENDING ARTICLE 23, SECTION 23-305; AMENDING ARTICLE '24, SECTION 24.-5q0; ADDING, ARTICLE 24, SECTION. 24-500..2; AMENDING SECTIONS 21-202 THROUGH 21-202.7 PERTAINING TO HOME OCCUPATIONS AND DELETING SECTION 21-202.8. BE IT ORDAINED BY THE CITY :(OF PETALUMA ASS FOL"LOWS: Section 1. Article 1, Section: 1-20:3 of Zoning Ordinance No. 1072 N. C, S. is hereby amended to add the following definition: Fence. The term "fence" shall mean a device or portion thereof designed to separate or screen property areas and not carry super-imposed load. Section 2. Article 23, Section 23-305 of Zoning Ordinance No. 1072 N.C.S. is .hereby amended to read as follows: Along a lot line in or adjacent to an A or R District, except as specified in Section 23-206, required screening shall not be higher than eight (8) feet and necessary trimming or pruning shall be employed to maintain this height. If a rear lot line is adjacent to an arterial. street or major highway (as established- by the City Council) , screening along the rear lot line shall not be higher than eight (8) Ord. 1645 NCS page L 7 1 feet and sYiall' be subject, to ;site design review... Site design review shall be provided at no additional charge upon application for ~a fence permit . Section 3. Article 24`, Section 24-500 of Zoning .Ordinance No. 1072 N . C. S . , is hereby .amended fo read as follows Solid fences, walls, and boundary hedges shall be no higher than six (6) feet except asspecified iri Sections 23-•30'5 and 24-500.1 and may occupy any required yard or other open space., provided that such fence,. wall or hedge not exceed a height of forty-two (42) inches when located in . a required front yard setback area, the required setback area along -the. side street of :a cor-ner lot and along the rear or side property line of a reversed corner lot where it abuts the front yard of the. adjoining key lot as shown on Table I, Residential Fence Location . An addition°al two (2) feet of screening at least fifty (50 ) percent open may be added on ,top of any six (6) foot tall fences, walls or boundary screening. An additional two (2) feet of fence height may be added to .any permitted six foot high fence located on the rear or side :property line of . a residential .lot abutting a public, quasi-public facility or potentially noXous use (e.g. school, corporation yard, bicycle paths, pump house,: etc.) determined by the Zoning Administrator. No obstruction in excess of forty-two (42) inches in height shall be located on a corner lot 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, except that t-gees- ,shall be permitted. The foregoing provisions sizall .not be construed as to 1'imit the height of retaining walls, except that front yard retaining walls shall not be ,more than (18) inches higher than :the' .soil retained and. shall not impair.. safe sight distance of street `traffic.. Fences -in al'l`except R-1 Districts shall be subject to architectural and site plan ~ap,proval as; to: location, height, and material. Ord. 1645 N.CS Page 2 of 7 2 .• Section 4. Article 24, Section 24-500.2. is hereby added to Zoning Ordinance No . T072 N . C.. S•. to read as follows Each entrance and exit to a parking, lot. or driveway shall be constructed and .mantaned so that any vehicle entering or leaving such parking lot shall be clearly .visible a distance of not less than fifteen (15) ,feet tb a persgn approaching- -such entrance or exit on any abutting pedestrian. walk or foot path.. The .standards set .forth :herein for location• and height of fences, walls and screening may be.. modified as directed by the Zoning Administrator (Director of Development and Planning) whenever it appears that .such landscaping or screen- ng would constitute a danger to traffic by reason of 'impairment of vision at a ;street or :driveway intersection. Section 5.. Article 2:1, Sections: 21-202 through 21-202.7 are hereby amended to read as follows 21--202.. ZONING PERMIT FOR HOME` .O.CC:UPATION 21-202.1 Definition: A Home Occupation is a business or activity clearly incidental to the use of the dwelling for residential purposes. 21-2:02.2 Purpose.: It is the intent of ,this section to preclude. incompatible home occupations from occur-ring. in residential: neighborhoods and to permit only those uses which conform to the standards in the following. Custom, tradition, and precedence are: excluded a"s criteria for approval. In general, a home occupation shall. be located and conducted such that the average neighbor, under normal. circumstances,. would be unaware of its presence. T.he standards applied are intended to insure compatibility with other permitted Ord. 1645 NCS Page 3 of 7 3 uses in residential areas and preserve the residential character of 'the neighborhood. The City Council favors home occupations that do not disrupt the neighborhood. 21-202,3 Permit Reauired: No activity subject to the provisions of this section shall be conducted without review by the Community Development and Planning Department and the issuance of a home occupation zoning permit. Said permit shall be a conditional permit, issued by the Community Development and Planning Director or a designated representative, acting as the Zoning Administrator, through the zoning permit application process (see Sections 26.100 and 26.200 of the zoning ordinance.) . A limited period of approval may be imposed by the Zoning Administrator. Periodic review of the zoning permit shall occur independent of the expiration date. 21-202.4 Revocation of Permit: Upon receipt of a complaint regarding the operation of the home occupation or upon observation of a violation of City ordinances, the Community Development and Planning Director or a designated representative shall determine whether the subject home occupation is in compliance with the provisions of this section. If the use is found not to be in full compliance with the zoning ordinance or conditions of approval, the Community Development and Planning Director shall have cause to suspend or revoke the zoning permit or amend operational conditions. Once a zoning permit for a home occupation has been revoked, continued practice of the home occupation at that location is no longer permitted and subsequent applications shall not be filed within one (1) year from the date of revocation . Ord. 1645 NCS Page 4 of 7 4 21.204.5 Appeal Process: A. The applicant or any interested party may appeal a home occupation permit denial or permit condition or the Director's decision not to renew the home occupation permit. Such appeal shall be made in writing to the Director within 10 days of the date of the Director's decision. The Director shall cause the matter to be placed on the next available agenda of the Planning Commission. B . The applicant or any interested party may appeal the decision of the Planning Commission to the City Council. The appeal shall be conducted in the same manner provided in Sections 26-507.1 through 26.507.3 of the Zoning Ordinance for appeal of Planning Commission decisions on Use Permit Applications. C. The City Council may affirm, reverse or modify a decision of the Planning Commission on a Home Occupation Permit. A Home Occupation Permit which has been the subject of an appeal to the Council shall become effective on the date specified by the City Council. 21.202.6 Conditions: The home occupation shall be subject to the following requirements and others as imposed by the Zoning Administrator to further the purposes of section 21-202.2. A. The use shall be conducted primarily within the. main dwelling structure and shall not involve the use of any yard space or outside area. Accessory structures such as garages may be used but not in such a way as to preclude required vehicular parking . B . The home occupation shall not be identifiable from the property line by any means including, but not limited to, sight, noise, light, smoke, odor, vibration, electrical interference, dust, glare, liquid or solid waste. A person standing on the boundary line of the property should be not aware of the home occupation. 5 Ord. 1645 NCS gage 5 vi ; C. Commercial vehicles excepting pick-up trucks of three-fourths (3/4) ton or less shall not be used in conjunction with the home occupation. D. No internal or external alterations for the home occupation shall be made to the dwelling unit that are not customarily found in or to serve residences. E. There shall be no outside storage of equipment or supplies. F. Articles offered for sale shall be limited to those produced on the premises, except where the person conducting the home occupation serves as an agent or intermediary between off-site suppliers and off-site customers, in which case all articles, except samples, shall be received, stored and sold to customers at off-premises locations . G. The home occupation shall not create pedestrian, automobile, or truck traffic or parking in residential neighborhoods in excess of that normally associated with residential use, with no more than two non-occupant vehicles present at any given time. H . No advertising shall be used which informs the public of the address of the home occupation (business cards and stationery letterhead excluded) . I. No persons other than residents shall work at a home occupation location . J. Anon-illuminated identification sign of not more than lZ square feet in area may be placed flat against an outside wall of the house to advertise the home occupation. 21.202.7 Examples Of Uses Which Will Not Be Considered As Home Occupations. The uses specified below shall not be permitted as Home Occupations because by their nature they have one or more of the following characteristics : equipment or machinery of a type or quantity not typically vru. ii~!+5 :`:~S Page 6 of 7 6 ~~ { found in the home; need for outside storage; parking needs greater than what can be provided on-site; need for special permits (e.g. health, ABC., .Federal Firearm, etc.) ; need for extensive alteration to the residence or lot. The uses specified below shall not be permitted, as home occupations.: A. Auto or vehicle repair, or tune up B. Barber shop/beaut'y salon. , C. Massage parlorlcard-reading astrological services. D. Class* instruction on premises. E. On-site painting services -.(auto, boat, appliances, etc.) . F. Care, treatment, or boarding of animals for a fee G. Gun repair; sale of guns and ammunition H. Activities involving, substantial amounts of dangerous or hazardous materials, including but 'not limited to pesticides, herbicides poisons, and highly flammable materials I. Any food handling., • processing, or packing, * More than two students at any time . INTRODUCED and ,ordered posted/p~.~f~ this February 1986.. 10th day of ADOPTED THIS 21 day of April 198.6, by the following vote: AYES: Sobel., Dais, Woolsey., Tencer, Vice Mayor Balshaw, Mayor Mattei NOES: None ABSENT: Cav h , ATTEST.: ' ' Patr-ic'a 'Bernard Fred V . Mattei City Clerk Mayor y ^. Approved: Joseph Forest City Attorney Ord. 1645 NC.S Page 7 of 7 7