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E. All recreational vehicles or trailers parked in a location visible from the street are to be clean and maintained so as not to detract from the neighborhood.
F. No recreational vehicle or trailer shall be used as a residence.
G. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the Community Development Director, cause complaints from neighbors or violate any section of this code.
H. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport, if no garage exists. Repair of vehicles not owned by the resident of the property is prohibited. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.
I. Garages and carports are to be primarily used for the parking of four-wheeled vehicles. The use of garages or carports for general storage, recreation activities or other uses that prevent the use of the garage or carport for the parking of at least one four-wheeled vehicle is prohibited J. Except for driveways allowed in the front building setback area, all additional parking for residential uses shall be to the rear or side of the dwelling. No parking shall occur in the front or street side building setback areas.
17.40.140 Usable open space.
There is no required usable open space.
17.40.150 Landscaping.
A. Landscaping shall be provided for each use as prescribed in Section 17.52 Landscape Standards.
B. Except for driveways and approved parking areas, all yard areas and setback areas visible from a public street shall be landscaped with live plant materials and ornamentation common to the Hanford area or up to one hundred percent (100%) of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.
17.40.160 Screening, fences, and walls.
Fences and walls shall be provided on the site for each use in accordance with Section 17.50.110.
17.40.170 Signs.
Signs placed in the AP zones shall be subject to the requirements and standards prescribed in Chapter 17.56, except that signs placed a local, State, or Federal public agency on their own public property shall be exempt from Chapter 17.56.
17.40.180 General provisions and standards.
Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 17.50.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 127
Chapter 17.42
CONSERVATION ZONE
Sections:
17.42.010 Application.
17.42.020 Permitted uses.
17.42.030 Lot area.
17.42.040 Lot dimensions.
17.42.050 Coverage.
17.42.060 Building setback areas.
17.42.070 Distance between structures.
17.42.080 Height of structures.
17.42.090 Driveways.
17.42.100 Other setback standards.
17.42.110 Off-street parking.
17.42.120 Usable open space.
17.42.130 Landscaping.
17.42.140 Screening, fences, and walls.
17.42.150 Signs.
17.42.160 General provisions and standards.
17.42.010 Application.
This chapter shall apply to all land within the Conservation (CO) zone.
17.42.020 Permitted uses.
Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 17.08.030.
17.42.030Lot area.
There is no minimum lot area.
17.42.040 Lot dimensions.
There are no minimum lot dimensions.
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17.42.050 Coverage.
The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements.
17.42.060 Building setback areas.
A. Setbacks shall be measured as prescribed in Section 17.50.160.
A. No structure shall be placed within a building setback area.
B. The front building setback area shall be twenty-five (25) feet from the front lot line.
C. The rear building setback shall be twenty-five (25) feet from the rear lot line.
D. The side building setback area shall be twenty-five (25) feet from a street side property line.
E. Exceptions shall be allowed as prescribed in Section 17.50.170.
17.42.070Distances between structures.
The minimum distance between structures shall be ten (10) feet, except as provided by the building code.
17.42.080Height of structures.
A. The maximum structure height shall be twenty (20) feet.
B. Height shall be measured as prescribed in Section 17.50.180.
C. Exceptions shall be allowed as prescribed in Section 17.50.190.
17.42.090 Driveways.
Driveways should be minimized to protect the maximum amount of open space. Driveways shall be the minimum width and length necessary to support the use, as determined by the Community Development Director.
17.42.100 Other setback standards.
Mechanical equipment shall be located a minimum of twenty-five (25) feet from any lot line.
17.42.110Off-street parking.
A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 17.54.
B. Single-family dwellings shall provide a minimum of one covered and one uncovered parking space. Other uses shall provide parking as prescribed in Chapter 17.54.
C. No parking spaces shall be provided within any front, side, or rear building setback area.
17.42.120 Usable open space.
There is no required usable open space.
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17.42.130 Landscaping.
Areas around buildings and parking areas that are disturbed shall be landscaped with natural landscape plants and materials that blend in with the natural environment on the site.
17.42.140 Screening, fences, and walls.
Fences and walls shall be provided on the site for each use in accordance with Section 17.50.110.
17.42.150 Signs.
Signs placed in the CO zones shall be subject to the requirements and standards prescribed in Chapter 17.56, except that signs placed by a local, State, or Federal public agency on their own public property shall be exempt from Chapter 17.56.
17.42.160 General provisions and standards.
Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 17.50.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 130
Chapter 17.44
AIRPORT OVERLAY ZONE
Sections:
17.44.010 Application.
17.44.020 Permitted uses.
17.44.030 Definitions.
17.44.040 Airport height zones.
17.44.050 Airport height limitations.
17.44.060 Markings and lights.
17.44.070 Nonconforming structures and trees.
17.44.010 Application.
A. This chapter shall apply to all land within the Airport Overlay zone, as defined on the Zoning Map.
B. The requirements of this chapter shall be considered in conjunction with the requirements of any base zone district. If a conflict exists between the requirements of the base zone district and this chapter, the requirements of this chapter shall apply.
17.44.020 Permitted uses.
A. Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 17.08.020 and Section
17.08.030 based on the base zone district in which the use is located.
B. No use may create electrical interference with navigational signals for radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
C. Uses shall be further restricted by this chapter and the policies and requirements of the Kings County Airport Land Use Compatibility Plan, and applicable requirements of the Federal Aviation Administration (FAA.).
17.44.030Definitions.
For the purposes of this chapter, the following words and phrases when used in this chapter are defined as follows:
A. “Airport” means the Hanford Municipal Airport.
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B. “Airport elevation” means the highest point of the airport’s usable landing area measured in feet from the sea level (two hundred forty-five (245) feet).
C. “Approach surface” means the surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface at a slope of twenty (20) to one. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
D. “Conical surface” means a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one for a horizontal distance of four thousand (4,000) feet.
E. “Hazard to air navigation” means a height obstruction deter, mined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
F. “Height” means, for the purpose of determining the height limits in all zones set forth in this chapter and shown on the airport zoning map, the datum mean sea level elevation, unless otherwise specified.
G. “Horizontal surface” means a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
H. “Kings County Airport Land Use Compatibility Plan” means the document so named and dated February 1994, as adopted and amended by the City.
I. “Nonconforming use” means any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.
J. “Nonprecision instrument runway” means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight in nonprecision instrument approach procedure has been approved or planned.
K. “Obstruction” means any structure, growth or other object, including a mobile object, that exceeds a height limit set forth in Section 17.44.050.
L. “Primary surface” means a surface longitudinally centered on a runway. The primary surface extends two hundred (200) feet beyond each end of that runway. The width of the primary surface is five hundred (500) feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
M. “Runway” means a defined area on the airport prepared for the landing and takeoff of aircraft along its length.
N. “Structure” means an object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.
O. “Transitional surface” means a surface which extends outward at a ninety (90) degree angle to the runway center line and the runway center line extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
Commented [TM140]: In plan?
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P. “Tree” means any object of natural growth.
Q. “Utility runway” means a runway that is constructed for, and intended to be used by, propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.
R. “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures.
17.44.040Airport height zones.
A. There are hereby created and established airport zones that include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they relate to the airport. Such zones are shown on the Hanford Airport “Airspace Plan” of the Kings County Airport Land Use Compatibility Plan, which is on file in the Community Development Department of the City.
B. All structure heights within the Airport Overlay zone are subject to the policies and requirements of the Kings County Airport Land Use Compatibility Plan. A use located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation.
C. The airport height zones are defined as follows:
1. Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. Its center line is the continuation of the center line of the runway.
2. Utility Runway, Nonprecision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of two thousand (2,000) feet at a horizontal distance five thousand (5,000) feet from the primary surface.
3. Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.
4. Horizontal Zone. The horizontal zone is established by swinging arcs of five thousand (5,000) feet radii for runways designated as utility or visual from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs.
The horizontal zone does not include the approach and transitional zones.
5. Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of four thousand (4,000) feet.
17.44.050Airport height limitations.
A. No structure shall be erected, altered, maintained or no object of natural growth shall be allowed to penetrate into any airport height zone created by this chapter.
B. No nonconforming use, structure or object of natural growth shall be modified or permitted to grow such that the nonconformity is expanded or increased beyond that existing on the date of the adoption of this chapter.
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17.44.060 Markings and lights.
Markings and lights, as determined necessary by the City Engineer and the Building Official to achieve the purposes of this chapter and the Kings County Airport Land Use Compatibility Plan, shall be installed, operated and maintained at the property owner’s expense such.
17.44.070Nonconforming structures and trees.
A. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree below their existing height on the date of the adoption of this chapter, or otherwise interfere with the continuance of any use of said structure.
B. Notwithstanding the provisions of subsection A of this section, the owner of any existing structure or tree not conforming to the provisions of this chapter shall permit the installation, operation and maintenance thereon of such markers and lights, as shall be deemed necessary by the City Engineer and Building Official to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the City.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 134
Chapter 17.46
DOWNTOWN EAST OVERLAY ZONE RESERVED
Sections:
17.46.010 Application.
17.46.020 Permitted uses.
17.46.030 Lot area and dimensions.
17.46.040 Dwelling units per lot.
17.46.050 Frontage types.
17.46.060 Off-street parking.
17.46.070 Landscaping.
17.46.080 China alley.
17.46.090 Screening, fences, and walls.
17.46.100 Signs.
17.46.010 Application.
A. This chapter shall apply to all land within the Downtown East Overlay zone, as defined on the Zoning Map.
B. The requirements of this chapter shall be considered in conjunction with the requirements of any base zone district and the Hanford Downtown East Precise Plan. If a conflict exists between the requirements of the base zone district and the Hanford Downtown East Precise Plan, this chapter shall determine which requirements apply.
C. Where the Hanford Downtown East Precise Plan is silent as to a standard or requirement, this title shall apply.
17.46.020 Permitted uses.
A. Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in Chapter 4 of the Hanford Downtown East Precise Plan and the land use tables in Section 17.08.020 and Section 17.08.030 based on the base zone district in which the use is located.
B. Where Chapter 4 of the Hanford Downtown East Precise Plan and the land use tables in Section 17.08.020 and Section 17.08.030 are in conflict, the Hanford Downtown East Precise Plan shall apply.
C. Where a use is not listed in the Hanford Downtown East Precise Plan but is listed in the land use tables in Section 17.08.020 and Section 17.08.030, the land use tables shall apply.
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D. Uses that are permitted in Chapter 4 of the Hanford Downtown East Precise Plan do not require a conditional use permit and shall meet the special conditions that apply to that use, as listed in said Chapter.
E. Where conflicts exist, an applicant may also appeal to the Community Development Director to determine which shall use shall be permitted based on existing conditions and surrounding uses.
17.46.030 Lot area and dimensions.
The minimum lot area and dimensions shall be consistent with the standards in the base zone district.
17.46.040 Dwelling units per lot.
The maximum dwelling units per lot shall be determined by Chapter 4 of the Hanford Downtown East Precise Plan.
17.46.050 Frontage types.
New buildings shall be constructed consistent with the frontage type standards in Chapter 4 of the Hanford Downtown East Precise Plan.
Where there is conflict between the frontage type standards and the building setbacks in the base zone district, the frontage type standards shall apply.
The Community Development Director may waive the building setback requirements for frontage types in Chapter 4 of the Hanford Downtown East Precise Plan. This shall not be construed to allow building encroachment into the public right-of-way beyond what is specifically permitted, nor to allow a building setback that is less than the minimum building setback of the base zone district.
17.46.060 Off-street parking.
A. New buildings shall meet the off-street parking standards in Chapter 4 of the Hanford Downtown East Precise Plan and Chapter 17.54 of this title.
B. If a conflict exists between the off-street parking standard requirements of Chapter 17.54 of this title and Chapter 4 of the Hanford Downtown East Precise Plan, the Hanford Downtown East Precise Plan shall apply.
17.46.070 Landscaping.
A. New buildings shall meet the landscaping standards in Chapter 4 of the Hanford Downtown East Precise Plan and Chapter 17.52 of this title.
B. If a conflict exists between the landscaping standards of Chapter 17.52 and Chapter 4 of the Hanford Downtown East Precise Plan, the Hanford Downtown East Precise Plan shall apply.
17.46.080 China alley.
New and remodeled buildings identified as being within China Alley per the Hanford Downtown East Precise Plan should consider and integrate the design guidelines in Chapter 5 of the Hanford Downtown East Precise Plan into their design. The design guidelines are not intended as strictly enforced rules, but as a tool to guide the design process.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 136
17.46.090 Screening, fences, and walls.
A. Fences and walls shall be provided on the site for each use in accordance with the base zone district.
17.46.100 Signs.
Signs shall be subject to the requirements and standards prescribed in the base zone district.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 137
Chapter 17.48
HISTORIC OVERLAY ZONE
Sections:
17.48.005 Purpose.
17.48.010 Application.
17.48.020 Permitted uses.
17.48.030 Definitions.
17.48.040 Regulation of Improvements.
17.48.050 Designation of historic districts, buildings and sites.
17.48.055 Ordinary maintenance and repairs.
17.48.060 Minor improvement permits.
17.48.070 Historic resource permits.
17.48.080 Deviation from standards.
17.48.090 Appeals.
17.48.100 Building permits.
17.48.110 Lapse of permits.
17.48.120 Revocation.
17.48.130 Permits to run with the land.
17.48.140 Penalties for improvements without permits.
17.48.150 Design criteria.
17.48.160 Demolition of historic structures.
17.48.170 Substandard buildings.
17.48.180 Duty to keep in good repair.
17.48.190 Evidence of hardship.
17.48.005 Purpose.
The council finds the protection, enhancement, preservation and use of structures in districts of historic, architectural and engineering significance located within the city to be of cultural and aesthetic benefit to the community. It is further found that respect of the heritage of the city will enhance the economic, cultural and aesthetic standing of the city. The purpose of this chapter is to promote the general welfare of the public through:
A. The protection, enhancement, preservation and use of structures which represent past eras, events and persons important in history, or which provide significant examples of architectural styles of the past or are landmarks in the history of architecture, or which are unique and
City of Hanford Municipal Code Title 17 - Zoning Ordinance 138
irreplaceable assets to the city and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived; B. The development and maintenance of complementary settings and environment for such structures and/or districts;
C. The enhancement of property values; the stabilization of neighborhoods and areas of the city; the increase of economic and financial benefits to the city and its property owners and inhabitants; and the promotion of visitor trade and interest;
D. The preservation and encouragement of a city of varied architectural styles reflecting the cultural, social, economic, political and architectural phases of its history; E. The educational and cultural enrichment of this and future generations by fostering knowledge of our heritage; and
F. The promotion and encouragement of continued private ownership and utilization of such structures so that the objectives set forth in this section can be attained under this policy.
17.48.010 Application.
A. This chapter shall apply to the area identified as “Historic Overlay Zone” as defined on the Zoning Map. The Historic Overlay zone is a geographically definable area, possessing a significant concentration and continuity of sites, building, structures, or objects unified by past events and aesthetically by plan and physical development.
B. This chapter shall also apply to all buildings and sites designated by the City Council as a historic building or historic site.
C. The requirements of this chapter shall be considered in conjunction with the requirements of any base zone district. If a conflict exists between the requirements of the base zone district and this chapter, the requirements of this chapter shall apply.
17.48.020 Permitted uses.
Uses shall be permitted or not permitted, conditional permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 17.08.020 and Section
17.08.030 based on the base zone district in which the use is located.
17.48.030 Definitions.
For the purposes of this chapter, unless otherwise defined, the following words and phrases used in this chapter are defined as follows:
“Alteration” means any exterior change or modification, through public or private action, of any property located within a designated historic district or site or a designated historical building, including exterior changes to or the modification of a structure, architectural details or visual characteristics, such as paint color and surface texture, grading, surface paving, new structures, removal of trees and other natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects, such as signs, plaques, light fixtures, street furniture affixed to the pavement, walls, fences, steps, plantings and landscape accessories affecting the exterior visual qualities of the property.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 139
“Contributing building” means a structure within a historic district which structure retains scale, mass and other architectural characteristics to the degree that it contributes to the sense of time and place of the immediate area and the district. The building may have individual architectural significance or may be one of a grouping of background buildings that jointly contribute to the character of the immediate area and the district. Contributing buildings may reflect interim modifications if those modifications do not irreparably detract from the character of the building or if the modifications reflect an architectural style or particular era important to the development of the city. Contributing buildings shall also include structures that have a strong historical tie to activities, events, or individuals important in the development of the city. “Designated historic feature” means any improvement which has special historical, cultural, aesthetic or architectural character, interest or value as part of the development, heritage or history of the city, the state or the nation and which has been designated as such pursuant to the provisions of this chapter.
“Designated historic site” means a parcel of property, or part thereof, on which a designated historic building is situated, and any abutting parcel or part thereof constituting part of the parcel of property on which the designated historic building is situated, and which has been designated a designated historic site pursuant to the provisions of this chapter. “Exterior architectural feature” means the architectural elements embodying the style, design, general arrangement and components of all of the outer surfaces of an improvement, including without limitation, the kind, color and texture of the building materials, and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. “Historic district” means the area within the Historic Overlay zone, as defined on the Zoning Map. “Improvement” means any building, structure, place, parking facility, fence, gate, wall, work of art, or other object constituting a physical improvement of real property, or any part of such improvement.
“Noncontributing building” means a structure within a historic district which, in its present condition, does not contribute to the sense of time and place of the immediate area and the district. “Noncontributing building” may include those buildings constructed after the time period featured in a historic district or buildings in which the historical characteristics have been irreparably modified. “Noncontributing building” may also include buildings which, while noncontributing at present, may become contributing through the application of appropriate design criteria. “Preservation” means the identification, study, protection, restoration, rehabilitation or enhancement of historical resources.
17.48.040 Regulation of Improvements.
No improvement or exterior architectural feature of any improvement shall be constructed or altered or enlarged which is located in the Historic Overlay District or identified as a historic site outside the District unless a permit is issued pursuant to the terms of this chapter. The section shall not apply to any interior alteration which has no effect on the condition or appearance of any exterior architectural feature of an improvement. No structure listed on a State or National Register shall be moved or demolished unless a permit is issued pursuant to the terms of this chapter.
Commented [TM141]: Thought should be given to expanding this chapter so that it covers interior alterations. Fresno experienced a problem when a landowner gutted a historic theater. Would the City want some level of control if the current or a future owner of the Fox Theater wants to remove all of the building’s interior features?
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17.48.050 Designation of historic districts, buildings and sites.
A. For the purposes of this chapter, an improvement may be designated a historic building and property may be designated as a historic site by the City Council pursuant to this section if any one of the following criteria is met:
1. Historical and Cultural Significance.
a. The structure, property or district proposed for designation is representative of a distinct historical period, type, style, region or way of life;
b. The structure, property or district proposed for designation is, or contains, a type of building or buildings which was once common but is now rare;
c. The structure, property or district proposed for designation was connected with someone renowned or important or a local personality;
d. The structure, property or district proposed for designation is connected with a business or use which was once common but is now rare;
e. The structure, property or district proposed for designation represents the work of a master builder, engineer, designer, artist or architect whose individual genius influenced his era; f. The structure, property or district proposed for designation is the site of an important historic event or is associated with events which have made a meaningful contribution to the nation, state or community; or
g. The structure, property or district proposed for designation has a high potential of yielding information of archeological interest.
2. Historic, Architectural and Engineering Significance. a. The structure, property or district proposed for designation exemplifies a particular architectural style or way of life important to the city; b. The structure, property or district proposed for designation exemplifies the best remaining architectural type of a neighborhood; or
c. The construction materials or engineering methods used in the structure or district proposed for designation embody elements of outstanding attention to architectural or engineering design, detail, material or craftsmanship.
3. Neighborhood and Geographic Setting.
a. The structure materially benefits the historic character of the neighborhood; b. The unique location or singular physical characteristic of the structure or district proposed for designation represents an established and familiar visual feature of the neighborhood, community or city;
d. The preservation of a structure is essential to the integrity of the district.
B. Historic buildings or sites shall be designated by the City Council in the following manner:
1. Any person may request the designation of an improvement as a historic building or site by submitting an application for such designation to the Community Development Department. The
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Community Development Department or the City Council may also initiate such proceedings on its own motion.
2. The Community Development Department shall conduct a study of the proposed designation and make a preliminary determination, based on such documentation and other information as it may require, whether the building site or district should be considered for historic designation. If the Community Development Department determines that the application merits consideration, it shall schedule a public hearing before the City Council within sixty (60) days of such determination.
3. The decision of the Community Development Department that the building, site or district should not be considered for historic designation may be appealed to the City Council in accordance with the provisions of Section 17.48.090.
4. Notice of the date, place, time and purpose of the public hearing shall be given by first-class malil to the applicants, owners and occupants of each building site or district at least ten days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a daily newspaper of general circulation at least ten days prior to the public hearing.
5. At the conclusion of the public hearing, but in no event more than thirty (30) days after the date set for the public hearing the City Council may approve in whole or in part, or deny in whole or in part, the application. The decision of the City Council shall be in writing and submitted to the applicant.
6. Failure to send any notice by mail to any property owner whose address is not shown on the latest equalized assessment rolls shall not invalidate any proceeding in connection with the proposed designation. The Community Development Department and City Council may also give such other notice as they may deem desirable and practicable.
C. Determinations of Contributing and Noncontributing Buildings. In conjunction with the designation of an historic district, the Community Development Department shall recommend and the City Council shall designate all buildings within the proposed district as either contributing or noncontributing.
17.48.055 Ordinary maintenance and repairs.
A. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property subject to this chapter if the maintenance or repair does not involve a change in the design, material, color or external appearance thereof.
B. This chapter shall not prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when the Building Official certified to the City Council that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the Historical Building Code of the State of California.
C. No permit shall be required for ordinary maintenance and repairs as defined in this section.
17.48.060 Minor improvement permits.
A permit for minor improvements including, without limitation, such as repainting in accordance with a color palette approved by the City Council or replacement of minor landscaping features, may be issued by the Community Development Director.
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17.48.070 Historic resource permits.
A. A historic resource permit shall be required for any alteration of the exterior features of a building within a designated historic district, or a designated historic building or site, or to construct a new building or improvements upon property within a designated historic district except as otherwise provided in this Chapter 17.48. The City Council shall determine whether a historic resources permit shall be issued. A permit shall not be required for ordinary maintenance and repairs as defined in this section.
B. Permit Procedures. An application for a historic resource permit shall be made on a form prescribed by the Community Development Department and shall be accompanied by the fees established by resolution of the City Council. The application shall include the information required by Section 17.70.040 for site plan review, complete elevation drawings of the proposed alterations, samples of proposed colors and materials, color photographs of all sides of any existing improvement, building or structure on the site, and such other information as may be required by the community development department. If applicable, the application shall include the information required by Chapter 17.80 (permit for conditional uses) and Chapter 17.82 (planned unit development).
Applications for permits requiring City Council approval shall be placed on the next regular meeting of the City Council. The City Council may approve, approve with conditions, or deny the permit.
17.48.080 Deviation from standards.
The Community Development Department or City Council are granted the authority to approve deviations from the provisions of this title if the Community Development Director or City Council finds that the deviation is necessary to achieve the purposes of this chapter and that the deviation will not adversely affect the public health, safety and general welfare of the citizens of Hanford.
17.48.090 Appeals.
A. Within ten days following the date of a decision by the Community Development Department, the decision may be appealed to the City Council by the applicant or any other party adversely affected by the decision of the Community Development Department.
B. An appeal application and required fee shall be filed with the Community Development Department and shall state specifically the basis for the appeal.
C. Within sixty (60) days after the date of receipt by the Community Development Department of the appeal application and fee, the City Council shall hear the appeal. A time period greater than sixty (60) days may be agreed upon by the appellant and the city. The cCommunity dDevelopment dDepartment shall give a ten-day written notice to the appellant of the time and meeting place of the hearing of the appeal.
D. Upon the conclusion of the hearing by the City Council, the City Council may render its decision immediately or may continue its decision until its next regular meeting. The City Council shall declare its findings and may sustain, modify, reject or overrule the decision of the cCommunity dDevelopment dDepartment.
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17.48.100 Building permits.
Before a building permit shall be issued for any structure, improvement or building proposed as part of the approved historic resource permit application, the building department shall secure written approval from the Community Development dDepartment that the proposed improvements are in conformity with an approved historic resource permit. Before a building, improvement or structure may be occupied, the cCommunity dDevelopment dDepartment shall notify the chief building inspector that the site and such building improvement or structure thereon have been developed in conformity with an approved historic resource permit.
17.48.110 Lapse of permits.
A. An historic resource permit shall lapse and become void one year following the date on which the permit became effective, unless the conditions of approval specify a lesser or greater time or unless, prior to such expiration date, a building permit is issued by the chief building inspector and construction is commenced and diligently pursued toward completion on the site which was the subject of the historic resource permit application.
B. A permit may be renewed for an additional period of one year or for a lesser or greater period provided that, prior to the expiration of the time period granted, an application for renewal of the permit is filed with the cCommunity dDevelopment dDepartment. The cCommunity dDevelopment dDepartment may approve, approve with conditions, or deny an application for the renewal of a permit.
17.48.120 Revocation.
A. Should the holder of a historic resources permit violate any provision of this title or any condition of approval of the historic resources permit, the historic resources permit shall be automatically suspended.
B. The Community Development Department shall provide the holder of the historic resources permit with written notice of the suspension, which notice shall identify the reasons for the suspension and may instruct the holder of the historic resources permit to immediately terminate any and all activities, including, without limitation, construction or renovation work being performed pursuant to the historic resources permit.
C. Within thirty (30) days of the date of the automatic suspension of the historic resources permit, the City Council shall hold a hearing and receive evidence whether the historic resources permit should be reinstated, revoked or whether additional conditions or restrictions should be placed upon the historic resources permit or other actions should be taken by the holder of the historic resources permit in order to ensure compliance with the provisions of the historic resources permit and this title.
17.48.130 Permits to run with the land.
A historic resource permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the permit application.
17.48.140 Penalties for improvements without permits.
When any improvements are made, or installed to a building, improvement, or structure where a historic resource permit is required, without the issuance of a historic resource permitbut not Commented [TM142]: Building Official?
Commented [TM143]: Building Official?
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obtained, the owner of the site and occupant of the building, improvements or structure thereon shall be subject to completing the application process and a penalty fee of double the standard processing fee.
17.48.150 Design criteria.
A. The design criteria set forth in this section are intended to provide a guidance to both the City Council and Community Development Department and property owners regarding the improvements to structures, buildings, improvements or sites designated as historic or located in historic districts. The design criteria set forth in this section shall be used in evaluating applications for historic resource permits and for other related issues as determined by the cCommunity dDevelopment dDepartment.
1. Contributing Buildings. The design criteria shall be used to insure the preservation and enhancement of the historical and architectural characteristics of the historic structures through restoration of those structures. The restoration of a structure to their exact former appearance shall be permitted but not required.
2. Noncontributing Buildings Constructed Prior to 1935. The design criteria shall be used to ensure that modifications or alterations do not increase the noncontributing characteristics of the structure. The application of the design criteria to rehabilitate or renovate a structure to become a contributing building shall be encouraged.
3. Noncontributing Buildings Constructed After 1935. The design criteria shall be used to ensure that modifications or alterations to nonconforming structures do not increase the nonconforming characteristics of the structure or do not add to the intrusive character of the structure.
4. New Construction. The design criteria shall be used for new construction to achieve compatibility and harmony with surrounding structures and the historic district.
B. Design Guidelines. The following design guidelines are to be used to formulate plans for the rehabilitation, preservation, and continued use of old buildings consistent with the intent of this chapter. The guidelines apply to buildings of all occupancy and construction types, sizes and materials and to all permanent and temporary construction on the exterior of historic buildings as well as new attached or adjacent construction.
1. Every reasonable effort shall be made to use the building, structure or site for its originally intended purpose or for a compatible use which requires minimum alteration of the building, structure or site.
2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible.
3. All buildings, structures and sites shall be recognized as products of their own time.
Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. Such changes may have acquired significance in their own right, and this significance shall be recognized and respected.
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5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be preserved.
6. Deteriorated architectural features shall be repaired, rather than replaced, wherever possible.
In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. The repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible.
Sandblasting and other cleaning methods which will damage the historic building materials shall not be used.
8. Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any building, structure or site.
9. Contemporary design for alterations and additions to existing buildings, structures or sites shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, materials and character of the property, neighborhood or environment.
10. Wherever possible, new additions or alterations to buildings, structures or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure or site would be unimpaired.
11. Interior features of historical significance, such as stairways, light wells, pressed metal ceilings, ornate woodwork, and the like should be integrated into the design of any adaptive use.
C. Rehabilitation Standards. The provisions of this subsection are intended to provide reasonable design for the rehabilitation of historic buildings so that the basic historic and architectural presentation of the buildings is retained and enhanced.
1. Storefronts.
a. Where original old store fronts remain, their appearance should not be altered. Such store fronts should be repaired and preserved. Where store fronts have been altered, the original design should be determined by examining photographs from the period and by investigating any original architectural fabric which remains beneath the changes. As much original material and detail should be retained in the rehabilitation as possible. Retention of cast iron elements is particularly important for structural and waterproofing reasons. Wood or stone steps, stone sills, and other elements which contribute to the character of store front entries should be preserved. b. Where most of the existing architectural design dates from an interim remodeling and where such remodeling adds to the historical character of the historic district, rehabilitation may conform to the period of such remodeling and not to the original design. c. Where the original design cannot be determined or where financial considerations preclude full-scale rehabilitation of a store front which has already been altered, a design which is not a pure rehabilitation but which is in keeping with the design of the rest of the building may be appropriate. The general proportions, materials, colors, rhythm of solids to voids, repetition of design elements, and directional expression (the effect of verticality or horizontally common to
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the street) should be followed in designing new store fronts. The use of materials not in existence when a store front was built should be discouraged in its rehabilitation. d. The architectural integrity of a buildings storefront in the historic district should be preserved.
Accessories, such as light fixtures, which do not imitate the designs of these eras should be prohibited. Designs appropriate to the years during which the buildings in the historic district were constructed should be encouraged.
e. Canvas awnings are traditional to the historic district and are an acceptable element of store fronts. The size and scale of awnings should be appropriate to the building to which they are attached, based on photographic and documentary evidence. Color choice should be made with discretion. Metal awnings, glass awnings and glass canopies are not in keeping with the prevailing character of the historic district and may be prohibited. To avoid obscuring building elements on the upper stories, canopies and awnings should not be permitted above the ground floor unless documented by photographic evidence.
f. Wooden balconies, canopies and porches are traditional to some buildings within the historic district and are an acceptable element of store fronts where such features can be appropriately documented. The recreation of such elements should be carefully considered to ensure that they are a faithful reproduction of original features, based on photographic and documentary evidence.
Interim building modifications which in themselves represent an important historic era or architectural style in the development of the area should not, however, be obscured or destroyed in the rebuilding of such features.
2. Windows and Doors.
a. Where they still exist, the original sills, lintels, frames, sash, muntins, and glass of windows and transoms should be preserved. The original doorway elements, including sills, lintels, frames and the doors, should also be retained. When they must be replaced, the replacements should duplicate the originals in design and materials.
b. Glass in windows, doors and transoms should be clear, except where documentary evidence indicates the original use of colored glass. Plastic materials should not be used in place of glass.
Any existing small paned transoms should not be obscured on the exterior. c. The original proportions of wall openings should be retained. The blocking of any existing opening to accommodate standard sash and glass sizes, to hide ceilings lowered beneath the tops of existing windows, or for any other reason should not be allowed. d. Decorative wood or metal lintels, brackets and any other window or doorway trim should be preserved and should be restored where possible.
e. In rehabilitation, the original number of panes in glassed areas should be used.
3. Cornices.
a. Cornices should be restored to their original appearance, using original materials where possible and duplications of the original where necessary. Original materials were wood, plaster or metal.
b. In some instances, duplication of the original cornice using contemporary materials may be necessary, although the use of materials in existence when the original was constructed is the preferred treatment.
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c. Where the use of the original materials is not feasible, surviving cornice elements should be retained and repaired. An alternative to full-scale rehabilitation may be the construction of a new cornice of contemporary but sympathetic design in the same design relation to the rest of the building as the original cornice.
d. Where possible, brick corbels should be restored and treated in the same manner as brick wall surfaces.
e. Gutters, downspouts and flashings should be inconspicuous.
4. Roofs.
a. Roofs retaining their original shapes should be maintained. In some cases, where roof shapes have been altered, restoration to original appearance may be possible. b. Contemporary roofing materials shall be acceptable. Where roofs are visible, roofing materials should be dark. Flashings should be unobtrusive. c. Pseudo-mansard roofs applied to store fronts should only be considered when photographic evidence indicates the prior existence of such features and should be reconstructed to be consistent with such prior features.
5. Building Materials.
a. Brick.
i. Brick is a dominant building material in the historic district. Brick should be treated and maintained in a manner which will preserve it and should not be treated in a manner which will deface it or accelerate deterioration. Brick should not be covered by synthetic brick or stone, or wood shingles, by wood or aluminum siding, or by synthetic materials of any other kind. ii. Sandblasting accelerates the deterioration of brick and should not be used. Sandblasting gouges the mortar joints between bricks, admitting water which freezes, expands and breaks the bricks.
iii. Brick may be cleaned by applying mild chemical solvents, by scrubbing with stiff nonferrous brushes, or by spraying with water under high pressure. iv. Brick which has already been sandblasted should be treated with clear silicone every two or four years to repel water. However, treating with silicone is not the equivalent of retaining the original glaze.
v. When repointing is necessary to replace deteriorated mortar or to stop water damage, loose mortar should be raked out to a depth of approximately one-half inch to one inch in both vertical and horizontal joints and the brick washed to remove small particles which remain. Joints should not be sawed.
vi. When deteriorating brick must be replaced, replacements should match the old brick in color, texture, size and coursing technique. Mortar should be painted to match existing joints.
Replacement brick should be laid in the same bond as the original. vii. Repainting shall be preferable to cleaning brick which has previously been painted. Painting brick which has not previously been painted is an appropriate way to unify a facade for which the
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original brick color, size, texture, coursing technique, and mortar appearance cannot be matched in repair work and in which such inconsistency is visually disruptive. viii. Many of the buildings in the historic district have been stuccoed. Stucco is very difficult to remove from brick, especially soft brick, and therefore its removal is not recommended. Although stucco may be removed laboriously by use of a hammer and chisel, the chisel marks often mark the brick. If wire mesh was attached to the brick to hold the stucco, the mesh may be pulled from the surface of the brick to remove the stucco.
b. Wood. Wood is not common as a primary structural material in the historic district. Wood frame accessory features, such as skylights, however, should be retained as they constitute important elements of the buildings and offer unique opportunities for variation in mass, color and texture. Restoration techniques should be as gentle as possible and should not include sandblasting.
Where the replacement of wooden exterior features or portions of such features is necessary, the new structure should be constructed to resemble, as closely as possible, the original structure. c. Metals. Architectural metals are utilized as an exterior structural element in several buildings within the historic district. They constitute an important architectural feature and should be preserved. Cast iron store front frames should be treated sensitively and covered with a protective paint or sealer. Pressed metal cornice and trim elements should likewise be protected.
D. New Construction Standards. The construction standards proposed in this subsection are based on a combination of existing and historical design elements common to the historic district building materials common and identify the downtown Hanford commercial buildings. The standards will help to assure that new design, while contemporary, will be compatible with the existing building character. The building design shall be consistent with the historical design elements found on adjacent buildings and the total character of the streetscape.
1. “Wild West” theme construction typified by false front architecture embellished with gingerbread-style detail, board-and-batten siding, and bright colors are not appropriate and shall not be an acceptable building motif.
2. New construction should maintain the continuity of existing rows of buildings or help to establish such continuity. Facades should be constructed at the property line facing the street.
3. The front and side walls of new construction should be parallel to the property lines. Polygonal and circular shaped buildings shall be prohibited.
4. New buildings should be constructed to within ten percent of the average height of the existing adjacent buildings. The maximum height of any new building should be fifty (50) feet. The minimum height should be twenty (20) feet. Sidewalk level commercial spaces should have a minimum ceiling height of ten feet from the floor.
5. Brick is the preferred exterior material for new construction. The color and texture should be similar to that of brick historically used in the city. Stuccoed surfaces may be permitted on a limited basis. The use of wood, synthetics and metal siding shall be prohibited.
6. A new facade should be rectangular in shape and its proportions (width in relation to height) should be consistent or compatible with the proportions of adjacent historic buildings. The principal directional expression of new facades may be horizontal or vertical. Facades of one-story buildings should be organized into three horizontal or vertical bands: store front, solid wall space
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above the store front, and cornice with or without parapet. Two-story buildings should be organized into three or four horizontal bands: store front, horizontal band (optional), second floor, and cornice (with or without parapet). Such bands should align with those of adjacent buildings.
7. Facades should be organized into three, four or five bays. The directional expression of windows and doors should be vertical, though several vertical elements may be combined to form a horizontal opening.
8. New construction details should approximate the character of historic details found in the historic district. The reproduction of historic building details shall be discouraged, except where the reconstruction of historic buildings may be appropriate.
9. New store fronts should approximate the character of those built in the past within the historic district: the double doors of some of the oldest buildings, the recessed entries with flanking showcases of the 1880-1940 period, and others which can be photographically documented. Store fronts with recessed entries should be divided into three bands: a transom band, a band of display windows, and a small spandrel or paneled band under display windows. Proportions of store fronts should be consistent with those of historical store fronts. Store fronts should be ten feet high, including the transom band. Metal store front elements should not leave exposed the natural color of the metal. Dark anodized finishes shall be preferred, as are colors traditionally used in the historic district.
10. Awnings or triangular sidewalk roofs attached above street level store fronts should be encouraged.
11. False fronts or parapet walls should conceal roofs from the public view. Mansard, free form, and geometric roof shapes shall be prohibited.
12. The scale of new construction should be harmonious with that of adjacent buildings.
Materials, signs and other elements of new construction should be consistent with the scale of similar elements found in adjacent historic buildings.
13. Those sections of the rehabilitation standards set forth in subsection C of this section discussing store front design, canopies, and awnings shall also apply to new construction.
E. General Building Standards. The standards set forth in this subsection should be applied to all alterations or new construction in the historic district.
1. Color.
a. Exterior colors should harmonize with other colors on the same building and on the streetscape. Exterior colors should complement the colors of neighboring buildings and should be selected to be mutually supportive and beneficial to the overall historic character of the streetscape. b. Where wood or metal surfaces of windows, doors, porches and details, other than cornices, are to be painted, the following colors shall be used: During the early twentieth century, muted colors and earth colors were favored. They included gray, dark brown, dark green, blue gray, beige, brick red, and terra cotta. A slightly grayish-white paint, was frequently used for major surface areas and for details. This grayish-white is an appropriate choice for window sash and frames and for other details. In some instances, black or dark gray may be appropriate for the fixed window or door frame. If the original color of a cornice cannot be determined, grayish-white, buff or sandstone color are preferred choices.
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c. Where brick has been painted, repainting in a color which approximates that of the natural brick is appropriate. Mortar joints might also be suggested in a color approximating the natural color of the mortar (not a pure white). Depending on the paint history of a building, grayish-white paint may be an acceptable alternative for the facade. Where brick was unpainted and remains unpainted, the use of paint on the exterior shall be discouraged, since unpainted brick is a strong design tradition in the historic district.
d. Paint colors which were not produced or used during the early twentieth century should be discouraged in the historic district. Bright, new colors are to be avoided, even when used sparingly.
2. Signs.
a. General Requirements. Signs shall be designed to contribute to the quality of the historic commercial environment. Within the historic district, each business shall be limited to one primary sign, except those businesses on corners which may have a sign on each street. Each business may also appropriately establish one sign directly lettered onto the window glass or the glass in the doors. Signs in the historic district shall be pedestrian oriented in size and shape. Graphics shall be simple and bold. Signs shall be flush with the wall since they usually complement architectural elements more effectively than projecting sign. Wall mounted can or cabinet type internally illuminated wall signs are not permitted. Symbolic, three-dimensional signs (such as a barber pole or a pawn shop symbol) shall be encouraged. Paper signs attached to the interiors or exteriors of store windows shall be discouraged, except where temporary presentation for public notice requires such treatment. The height of new signs shall not extend above the window sills of the second floor. Signs on one-story buildings shall not project above the cornice line, and all roof- mounted signs shall be precluded.
b. Area of Permanent Signs.
i. Each ground floor tenant may have a maximum of one square foot of signage for each linear foot of business establishment on his primary frontage (that portion of the building occupied by the business which faces a street and contains the main entrance), with a twenty-five (25) square foot minimum sign area, regardless of the width of such primary frontage. ii. Each ground floor tenant may have a maximum of one-half square foot of signage for each linear foot of secondary frontage (that portion of the building occupied by the business and facing an alley, street, adjacent building, parking lot, or the like). iii. Each ground floor tenant may have one sign located at each entrance attached below the marquee or canopy which shall not exceed six square feet per sign face and with a minimum ground clearance of seven feet above the sidewalk grade. Such sign shall not count against the maximum sign area allowed for a business frontage.
iv. Each basement and second and third story tenant may have painted window signs at a maximum of thirty (30) percent of the businesses’ total window area on a given frontage. v. Each basement and second and third story tenant may also use the awning skin above his businesses’ windows for signage based on thirty (30) percent of the window area. vi. Basement and second and third story tenants may use a maximum of fifty (50) percent of the entrance door area (the street entrance leading up to the second story) for a directory type sign to be placed on the door or on the wall beside the door.
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vii. Where second stories are occupied by only one tenant, the tenant may use the skirt of the awning above the entrance door (the street entrance leading up to the second story) for signage. viii. Multi-tenant buildings or businesses within a row of buildings shall be permitted a directory type sign located on a building with each business allowed up to an eight-inch by thirty-six (36) inch sign per directory. Such a sign will not count against the maximum sign allowance for the business frontages.
ix. Pole signs shall not be permitted except under special circumstances where a sign on a building is not appropriate and where such is approved by the cCommunity dDevelopment dDepartment.
c. Temporary signs.
i. Each building tenant may use one of the following two types of temporary signs, but not both at the same time:
(A) Basement, ground and second and third story tenants may use a maximum of twenty-five (25) percent of their total window area along a single frontage for temporary signage. Such promotional or sale signs shall only be used for a period of seven consecutive days per month with at least a thirty (30) day period between sign displays. Such signs shall be of professional quality. (B) Each building tenant shall be permitted to use one portable sign only on Fridays and Saturdays which sign is a maximum of three and one-half feet high and two feet wide. Such signs shall be placed immediately adjacent to the building and not next to the curb or anywhere else in the sidewalk area. Portable signs shall be removed and placed inside the business each afternoon or early evening on Fridays and Saturdays before the business closes. ii. Commercial banner type signs on buildings or store fronts shall be prohibited except for grand openings and community events. Such signs shall only be used for a period of fourteen (14) days and then be removed. Such signs shall be of professional quality. Except for dealerships of cars, trucks, motorcycles, recreational vehicles and boats, and temporary parking lots sales which require outdoor display, canvas, plastic, cloth, paper or other types of banners or streamers suspended across private property, buildings or structures shall not be permitted. “Grand Opening” banners are permitted as stated above.
d. Brand Names or Product Signs. Registered trademarks, the portrayal of specific commodities, or signs advertising an individual brand of products shall not exceed ten percent of the total sign area. If the trademark or commodity represents the principal activity conducted, a maximum of twenty-five (25) percent of the total sign area for trademark use. f. Sign Approval Process. All signs prior to their use and installation shall require a permit and shall be approved for consistency with this chapter.
g. Deviations from Sign Standards. The community development department or the City Council are granted the authority to approve deviations from the provisions of this section as allowed pursuant to Section 17.48.080.
3. Roof-Mounted Equipment. Roof-mounted equipment should be located so that it is not generally visible from the adjoining streets or alleys and does not detract from the lines of the building.
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4. Energy Conservation. The conservation of energy should be considered in the review of building rehabilitations so that within the historical context of a building the conservation of energy resources is maximized.
5. Additional Design Criteria. The City Council may adopt, by resolution, such additional design criteria as may be desirable to further implement and clarify this section. Such criteria shall be consistent with the purposes and intent of this chapter.
6. Other Provisions. The following rules and regulations are incorporated by this reference into the design criteria set forth in this section:
a. The Secretary of the Interior Standards of Rehabilitation and Guidelines for Rehabilitating Historic Buildings;
b. California Code of Regulations, Title 14, Part 8: State Historical Building Code.
17.48.160 Demolition of historic structures.
A. Notices Required. The demolition, wholly or partially, of a contributing building in a historic district or a designated historic building shall be prohibited unless the property owner of such structure gives the cCommunity dDevelopment dDepartment one hundred eighty (180) days’ prior written notice that such demolition is planned for such structure. Subject to the provisions of subsection B of this section, no application to the city for a permit to carry out such demolition shall be accepted during said one hundred eighty (180) day notice period. Following the receipt of such notice, the City Council may take such steps as it determines are necessary to preserve the structure concerned. The City Council, among other things, may:
1. Seek local trusts and other financial sources which may be willing to purchase the structure for restoration;
2. Publicize, with the owner’s consent, the availability of the structure for purchase for restoration purposes;
3. Make offer concerning the acquisition of development rights or facade easements and the imposition or negotiation of other restrictions for the preservation of the structure;
4. Investigate possible sites for the relocation of the structure; and
5. Direct city staff to purchase the structure pursuant to a development plan where it does not appear that private preservation is feasible.
6. Deny the demolition request.
B. Waivers of Notices.
1. The City Council, upon the request of the property owner, may waive the requirement of one hundred eighty (180) days’ prior written notice if the action planned for the structure involves:
a. An emergency repair to, or removing an unsafe condition of, the structure; or b. The relocation of the structure to a site approved by the City Council; or c. Relief of extreme financial hardship to the owner of the structure as set forth in Section
17.48.190.
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2. A request by a property owner for the waiver of a notice shall be considered by the City Council at its next regular meeting after the filing of such request in writing with the Community Development Department; however, if the request is filed within ten days of the next regular meeting of the City Council, the request shall be placed on the agenda of the City Council’s second regular meeting following the filing of the request.
17.48.170 Substandard buildings.
The Building Official or the Fire Marshal shall notify the Community Development Department whenever such official declares a designated historic building or structure within a historic district to be a substandard or dangerous building.
Upon the receipt of notice from the Building Official or the Fire Marshal, the City Council shall evaluate the historic and architectural merit of the structure and shall provide recommendations to the Building Official within thirty (30) days.
17.48.180 Duty to keep in good repair.
The owner, occupant or other person in actual charge of a designated historic building or site, structure or building in an historic district shall keep in good repair all of the exterior portions of such site, improvement, building or structure, and all interior portions thereof whose maintenance is necessary to prevent the deterioration and decay of any exterior architectural feature.
17.48.190 Evidence of hardship.
The City Council may approve an application for a permit to carry out any proposed work in an historic district or on a historic site, structure or building if the applicant presents clear and convincing evidence of facts demonstrating, to the satisfaction of the City Council, that denial or the application will cause immediate and substantial hardship on the applicant because of conditions peculiar to the particular building, structure or site or other feature involved, and that the approval of the application will be consistent with the purposes of this title. If a hardship is found to exist under this section, the City Council shall make written findings to that effect.
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Chapter 17.50
DEVELOPMENT STANDARDS
17.50.010 Purpose and applicability.
17.50.020 Applicability.
17.50.025 Nuisance.
17.50.030 Waste materials.
17.50.040 Air pollution.
17.50.050 Odorous gases and matter.
17.50.060 Discharge of materials.
17.50.070 Ground vibration.
17.50.080 Combustibles and explosives.
17.50.090 Trash collection areas.
17.50.100 Rooftop equipment.
17.50.110 Fences and walls.
17.50.120 Fence and wall locations in residential, office, and public facilities zones.
17.50.125 Temporary fences.
17.50.130 Tents, tarps, and other coverings.
17.50.140 Outdoor lighting standards.
17.50.150 Through lots.
17.50.160 Measurement of building setback areas.
17.50.170 Exceptions in building setback area limitations.
17.50.180 Measurement of height.
17.50.190 Exceptions to height limitations.
17.50.200 Property maintenance.
17.50.210 Housing density bonus and other incentives.
17.50.010 Purpose and applicability.
The purpose of this chapter is to establish development standards in order to preserve, protect, and promote the public health, safety, and general welfare of the city, and to minimize environmental impacts and land use conflicts.
17.50.020 Applicability.
This chapter shall apply to uses within all zone districts, unless specifically stated otherwise.
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17.50.025 Nuisance.
No use shall create a nNuisance conditions caused by due to noise, odor, dust, mud, smoke, steam, vibration, light or other similar causes are prohibited.
17.50.030 Waste materials.
Waste materials that are associated with any use that cause fumes or dust, that may be a fire hazard, or that are edible by, or otherwise attractive to, rodents or insects, shall be stored in closed containers.
17.50.040 Air pollution.
No use shall cause the emission of any smoke, ash, dust, fumes, vapors, gases or other forms of air pollution that exceeding regulatory limits thatcan cause damage to human health, vegetation, or other forms of air pollution that can cause excessive soiling on any other parcel. No emission shall be permitted that exceeds the requirements of the San Joaquin Valley Air Pollution Control District or the requirements of any air quality plan adopted by the City of Hanford.
17.50.050 Odorous gases and matter.
No use shall be permitted which emits odorous gases or other odorous matter in such quantities as to be dangerous, harmful, noxious, or otherwise objectionable at a level that is detectable with or without the aid of instruments at or beyond the project site boundary.
17.50.060 Discharge of materials.
No use shall discharge at any point into any public or private street, public sewer, storm drain, private stream, body of water, or into the ground, any material that can contaminate any water supply, interfere with bacteriological processes in sewerage treatment, or otherwise cause the emission of dangerous or offensive elements, except according to the standards approved by the California Department of Public Health, or any other federal, state or local government agency.
17.50.070 Ground vibration.
No use shall be permitted to cause a steady state, earth-borne oscillation beyond the project site.
Ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempt from this requirement.
17.50.080 Combustibles and explosives.
The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code and California Code of Regulations Title 19.
17.50.090 Trash collection areas.
A. Suitable area shall be provided on-site for collection of trash and recyclable materials for all multi-family residential, mixed-use, commercial, office, and industrial uses. Refuse storage areas shall be adequately screened from view. The refuse area enclosure shall be designed to meet the minimum recommended dimensional standards as determined by the City Engineer.
B. All uses shall be in compliance with the provisions of Chapter 13.12 of the Municipal Code.
Commented [TM144]: I added this phrase because, arguably, any amount of smoke can cause damage to human health.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 156
17.50.100 Rooftop equipment.
All elevator housing and mechanical equipment located on the roof of any building shall be screened from adjacent views and contained within a completely enclosed penthouse or portion of the same building having walls and roofs with construction and appearance similar to the building.
17.50.110 Fences and walls.
A. No fence or wall shall be placed within the public right-of-way.
B. A masonry fence exceeding three (3) feet in height shall require engineered footings and a building permit. All other fencing exceeding seven (7) feet in height shall require engineered post footings and a building permit;
C. No hedge, shrub, fence, or wall exceeding the three (3) feet in height, or four (4) feet in height if the upper one (1) foot is fifty (50) percent or more open shall be planted, placed, or maintained within the twenty-five (25) feet corner sight triangle of a corner lot, or along a front or street side property line where the hedge, shrub, fence, or wall creates a traffic or pedestrian hazard as determined by the Community Development Director.
D. The provisions of this title regarding fences or walls shall not apply to a fence or wall necessary for public safety or as required by any law or regulation of the state, or any agency thereof.
17.50.120 Fence and wall locations in residential, office, and public facilities zones.
Fences and walls in the R-L, R-M, R-H, OR, O and PF zone districts shall be constructed or installed in accordance with the following:
A.Along a rear lot line not exceeding seven feet in height; B. Along an interior side lot line not exceeding seven (7) feet in height beginning at ten (10) feet from the front lot line;
C. On a corner lot along the street side lot line not exceeding seven (7) feet in height beginning at twenty-five (25) feet from the front lot line. On a reverse corner lot, the fence or wall is to be set back from the street side lot line five (5) feet. On a reverse corner lot, the rear lot line fence is not to extend beyond the five (5) foot street side building setback area; D. On a corner lot when a residence is constructed with its front access facing the street side lot line of a corner lot, a six (6) foot high fence is to be placed ten feet behind the front property line.
The street corner forty-five (45) degree angle line of sight is to be maintained as described in Subsection H below. When the front of the house fronts the street side lot line a fence exceeding three (3) or four (4) feet in height as described in Subsection E and F below is to be set back ten (10) feet from the street side lot line;
E. Along a front lot line not exceeding three (3) feet in height; F. Along a front lot line not exceeding four (4) feet in height when the upper one (1) foot is fifty (50) percent or more open;
G. Along a front lot line an open chain link fence up to seven (7) feet in height may be located in conjunction with a public or quasi-public playground or park use; Commented [TM145]: This exception is ambiguous. Who
determines when a fence or wall is needed for public safety?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 157
H. A six-foot fence or wall may be located in a front building setback area when set back ten (10) feet from the front lot line. Except in the case of a corner lot, the fence wall shall begin a forty- five (45) degree angle at a point twenty-five (25) feet from the front lot line located on the street side lot line.
17.50.125 Temporary fences.
The use of temporary fences is allowed subject to the following requirements:
A. A temporary fence shall be constructed of chain link or other such material approved by the Community Development Director and shall not be permanently affixed to the site.
B. A temporary fence shall be located on the site in such a manner as not to impede pedestrian or automobile traffic adjacent to the site.
C. A temporary fence placed to secure a construction, rehabilitation or demolition project on the site shall be removed when the project is completed.
D. A temporary fence placed for a reason other than to secure a construction, rehabilitation or demolition project on the site shall be removed after ninety (90) days unless a temporary use permit is issued in accordance with Chapter 17.76 that allows a longer period of time.
17.50.130 Tents, tarps, and other coverings.
No front or side building setback area in the R-L, R-M, OR, or O zone district shall be covered by tents, tarps, cloth, fabric, or a wood or metal covering or structure except for the following:
A. Standard window and door awnings
B. Ornamental covers, such as a sidewalk or entry awning trellis, or other similar improvement intended as an improved passageway or for aesthetic purposes providing architectural integrity with the building to which it is attached. Supports shall be ninety (90) percent open and shall not be enclosed.
Recommendation to add:
Tarps for roof and building repairs shall be prohibited, except for emergency repairs. Additionally, the use of tarps for temporary canopies, enclosures, and/or awnings is prohibited in any front yard area visible from any public right of way.
17.50.140 Outdoor lighting standards.
A. Purpose. The purpose of this section is to establish standards for the types, construction, installation and use of outdoor electrically powered illuminating devices and systems in order to conserve energy, preserve the natural environment, and provide nighttime safety and security, while not materially interfering with the use and enjoyment of property.
B. Definitions. For purposes of this section, unless otherwise defined, the following words and phrases when used in this section shall have the following meaning:
1. “Automatic timing device” means device which automatically turns on and off outdoor light fixtures or circuits.
2. “Canopy light fixture” means an outdoor lighting fixture attached to or recessed within a canopy ceiling.
Commented [TM146]: Tarps in side yards are okay?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 158
3. “Direct illumination” means illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces.
4. “Fully shielded fixture” means an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane as determined by photometric test or certified by the manufacturer. A light fixture mounted under a canopy or other structure such that the canopy or surrounding structure effectively shields the light in the same manner is also considered fully shielded for the purposes of this definition.
5. “Light glare” means the reflections of light sources which reduce the contrast between detail and background within the visual area.
6. “Light trespass” means any form of artificial illumination emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance.
7. “Lumen” means that unit used to measure the actual amount of light which is produced by an outdoor light fixture.
8. “Luminous tube lighting” means gas-filled tubing which, when subjected to high voltage, becomes luminescent in a color characteristic of the particular gas used, e.g., neon, argon, etc.
9. “Outdoor light fixture” means an electrically powered illuminating device which is permanently installed outdoors, including, but not limited to, devices used to illuminate any site, structure, or sign.
10. “Temporary lighting” means lighting which does not conform to the provisions of this section and which will not be used for more than one continuous thirty (30) day period within one calendar year. Temporary lighting is intended for uses, which by their nature are of limited duration; e.g. holiday decorations, civic events, special events, construction projects, emergencies or similar situations. The thirty (30) day time limitations may be extended by the city on a case-by-case basis for unusual or special circumstances.
11. “Unshielded” means fixtures lacking any means to restrict the emitted light to below the horizontal plane.
C. Exemptions. The outdoor lighting fixtures listed below are exempt from the provisions of this section:
1. Outdoor lighting fixtures which were lawfully installed prior to the enactment of these standards and do not create a nuisance.
2. Luminous tube lighting. Gas-filled tubing e.g., neon, argon, etc.
3. Temporary lighting, as defined in subsection B.
4. Public outdoor recreational facilities, airport, roadway and navigation lighting installed and maintained by a public agency or public utility.
5. Outdoor light fixtures producing light by the combustion of fossil fuels, such as liquid fuel lanterns or gas lamps.
6. Low voltage holiday decorations and landscape/walkway lighting.
Commented [TM147]: Suggest that definitions be added for “lamp” and luminaire.”
Commented [TM148]: Are “lamp” and “light fixture” the
same?
Commented [TM149]: How is horizontal plane measure?
From the bottom of a light fixture?
Commented [TM150]: Under what conditions does a nuisance exist?
Commented [TM151]: Does this mean that it is illegal to use roof mounted Christmas lights for more than 30 continuous days each year?
Commented [TM152]: What conditions constitute a nuisance?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 159
7. Ornamental lighting within the street right-of-way when approved by the city.
8. Lights emitting infrared radiation used for remote security surveillance systems.
9. Emergency Lighting by Emergency Services. Searchlights, floodlights, laser source lights, strobe or flashing lights, or any similar high intensity lights are permitted when used in emergencies by police, fire, medical, or utility personnel or at their direction.
10. Solar-powered Lighting. Solar-powered lights of 5 watts or less per fixture used in residential landscaping applications and to illuminate walkways are exempt from applicable lamp type and shielding standards and are excluded from the total lumen calculations for the site.
D. General Outdoor Lighting Standards. The following requirements and standards shall apply in all zone districts for the installation and use of outdoor lighting fixtures.
1. All lights and light fixtures, except public street lights, shall be located, aimed or shielded so as to minimize light trespassing across property boundaries or skyward.
2. No lights or light fixtures shall flash, revolve, blink or otherwise resemble a traffic control signal or operate in such a fashion to create a hazard for passing traffic.
3. Building mounted lighting fixtures shall be attached only to the walls of the building. The top of a light fixture attached to a building wall shall not be higher than the top of the building parapet or the top of the roof eave, whichever is lower.
4. Canopy ceiling light fixtures shall be recessed or the sides of the lens area shall be shielded in order to eliminate emission of horizontal light.
5. The height of freestanding light fixtures including freestanding parking lot fixtures shall be measured from the top of a light fixture to the adjacent grade at the base of the support for that light fixture and shall not exceed the following:
a. Eighteen (18) feet in height, when located within fifty (50) feet of any residential zone district; and
b. Twenty-five (25) feet in height when located within fifty-one (51) to one hundred fifty (150) feet of any residential zone district; and
c. Thirty (30) feet in height when located more than one hundred fifty (150) feet from any residential zone district; and
d. Fifty (50) feet in height when located in the C-R Regional Commercial zone or freestanding light fixtures for public outdoor recreational facilities.
E. Specific Outdoor Lighting Standards. In addition to the general outdoor lighting standards stated in Subsection D, the following additional requirements shall apply to outdoor lighting fixtures in the R-L, R-M, R-H, and OR zone districts:
1. Mercury vapor lamps shall be a fully shielded fixture with all light directed on-site.
2. Freestanding light fixtures, including freestanding parking lot light fixtures, shall not exceed eighteen (18) feet in height measured from the top of a light fixture to the adjacent grade at the base of the support for that light fixture.
Commented [TM153]: How is “minimize” determined? For example, would a wall pack light ever be legal?
Commented [TM154]: What standards are applied to determine whether a hazard exists?
Commented [TM155]: 50 feet is okay if a C-R zone district is adjacent to a residential district?
Commented [TM156]: What about LED lamps?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 160
F. Commercial Outdoor Lighting Standards. In addition to the requirements identified in Subsection D, the following additional requirements shall apply to outdoor lighting fixtures in the O, PF, and all commercial and mixed use zone districts:
1. All outdoor fixture lighting shall be a fully shielded fixture and focused to minimize light trespass and glare.
2. Outdoor lighting fixtures shall be turned off after close-of-business unless needed for safety or security, in which case the lighting shall be activated by motion sensor devices. Illuminated signs and parking lot lighting are excluded from this requirement.
3. Lighting for signs, recreational facilities and decorative effects for building and landscape shall be fully shielded fixtures equipped with automatic timing devices and focused to minimize light glare and light trespass.
G. Submission of Plans and Evidence. For parking lots and commercial developments, the submission of lighting plans and evidence of compliance with these lighting requirements are required, and shall include the following:
1. Description of outdoor light fixtures, including component specifications such as lamp reflectors, lens style, angle of light cutoff, supports, poles, and include manufacturers’ catalog specifications.
2. Locations and description of all outdoor light fixture and hours of their operation.
17.50.150 Through lots.
A front yard shall be provided on each frontage of a through lot, except where a waiver of access to one of the frontages applies.
17.50.160 Measurement of building setback areas.
A. Required building setback areas shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site; provided, however, where a precise street plan has been adopted by the City Council, the required front building setback area shall be measured from the precise street plan line, and no provision of this title shall be construed to permit a structure, use, or other improvement to extend beyond such precise plan line.
B. Where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, the site area and required building setback areas shall be measured from a line representing the boundary of the additional width required for street purposes abutting the site.
C. Where a site abuts a public alley, required building setback areas shall be measured from the center line of the alley, except that garages and carports with alley access shall be located a minimum of twenty-five (25) feet from the opposite side of the alley where access opening is parallel to the alley right-of-way line requiring a ninety (90) degree turn.
17.50.170 Exceptions in building setback area limitations.
A. Architectural features, including without limitation, sills, chimneys, fireplaces, cornices and eaves, may extend into a required side building setback area, a required rear building setback area, or a space between structures, not more than thirty-six (36) inches, and may extend into a required front building setback area not more than six (6) feet; provided, that where an architectural feature Commented [TM157]: Why not also require outdoor fixtures in residential districts to also be fully shielded?
Commented [TM158]: This restriction seems really stringent.
Does the City have wall mounted lights on the east side of the City offices? If yes, are the lights turned off at night or are they activated by motion sensor?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 161
extends more than twenty-four (24) inches into a required side building setback area, such extension shall meet all fire and building code requirements. No building or projection thereof may extend into a public easement or right-of-way, except awnings in the MX-D Downtown Mixed Use Zone District, or except awnings in the Historic District, with approval of a Historic Resources Permit. .
B. Open, unenclosed, uncovered metal fire escapes and depressed ramps or stairways may project into any required yard or space between buildings not more than four feet; and planter boxes attached to a building may be extended into a required front building setback area by not more than three (3) feet.
C. Fences, walls, hedges, garden structures, walks, driveways and retaining walls may occupy any required building setback area or other open space, subject to the limitations prescribed in this title.
D. When more than sixty (60) percent of the linear frontage of lots improved with residential buildings within any street block is comprised of lots with less than the minimum front building setback requirements, the minimum front building setback for newly constructed residential buildings in such block shall be the average of the actual front building setback of all the lots in such block improved with residential buildings; counting those that have front building setbacks greater than the minimum front building setback requirement of the zone district as having the minimum requirement.
17.50.180 Measurement of height.
The height of a structure shall be measured vertically from the average elevation of the ground surface covered by the structure to the highest point of the structure; provided, however, the provisions of this section shall not apply to the height of any structure necessary for public safety or as required by any law or regulation of the state or an agency thereof.
17.50.190 Exceptions to height limitations.
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air- conditioning equipment, or similar equipment required to operate and maintain buildings, and fire and parapet walls, skylights, towers, spires, cupolas, road signs (where permitted), flagpoles, chimneys, smokestacks, television and radio masts, or similar structures may be erected above the height limit, but shall not be allowed for the purpose of providing additional floor space.
17.50.200Property maintenance.
It is a public nuisance for any person owning, leasing, renting, occupying, or having possession of any real property to maintain said real property in a manner in which any of the following conditions are found to exist:
A. The real property or any buildings, structures, or improvements located thereon which violate one or more of the following:
1. The California Building Standards Code, California Code of Regulations, Title 24, any and all amendments, thereto, published by the California Building Standards Commission;
2. Any provision of the Hanford Municipal Code;
Commented [GM159]: Awning exception required here
City of Hanford Municipal Code Title 17 - Zoning Ordinance 162
3. Any other law or regulation, such violations including, without limitation, violations that create a fire hazard, endanger human life, or are hazards to the public health, safety and general welfare of the citizens of the city, including without limitation, real property, structures or other improvements that are in disrepair or are not properly maintained as determined by the Code Enforcement Officer;
B. Outdoor storage of personal property of any type or design in any unscreened/unfenced areas fronting on any alley, street, or other public right-of-way; C. The parking of vehicles in yards or landscaped areas; D. Real property or structures or improvements thereon not properly maintained so as to constitute a fire hazard by reason of weeds, grass, rank overgrowth, or accumulations of debris or which could harbor rats or other vermin, create unsightly appearance, or create conditions which are detrimental to neighboring properties;
E. Broken windows or other structural defects in the real property or any structures or improvements thereon which create hazardous conditions and invite trespassing and malicious mischief including unsafe structural supports, boarded doorways and windows, dry rot, termites, and similar hazards;
F. Clothes lines within front yard areas, or other unscreened/unfenced yard areas; G. Garbage cans and garbage receptacles stored within the front yards and which are visible from the public street or neighboring properties. Except that, the Code Enforcement Officer may determine that circumstances involving the property or its occupants make it difficult or impossible to place the garbage cans and receptacles out of public view. If the Code Enforcement Officer makes such a determination, the Code Enforcement Officer shall designate a location on the property for the storage of the garbage cans and receptacles even though such location may allow the garbage cans and receptacles to be visible from the public street or neighboring properties; H. Failure to maintain any wall, fence, or hedge as to constitute a hazard to persons or property or which create an unsightly appearance;
I. Failure to maintain required landscaping and trees and/or removal, destruction or severe pruning of required landscaping or trees.
J. Installation of newspaper/magazine racks, overnight/postal drop boxes or other items of personal property in the public right-of-way without first obtaining an encroachment permit from the city and/or failure to properly maintain said items.
K. Conditions that create a fire hazard, endanger human life, or are hazards to public health, safety or general welfare of the citizens of the city, including without limitation, real property, structures or other improvements that are in disrepair or are not properly maintained as determined by the Code Enforcement Officer.
L. Recommendation to add:
It is unlawful for any owner of real property located in the city, and for any tenant, occupant, or user of real property therein, to maintain, permit, or allowFailure to address graffiti to exist thereon, for longer than forty-eight (48) hours from the time that graffiti is placed on a surface.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 163
M. Vehicles Or Equipment: Construction equipment, buses, limousines, tow trucks, flatbed trucks, grading equipment, tractors, tractor trailers, trailers, and any other commercial vehicle over twenty-two feet (22') long or eight feet (8') in height or ninety inches (90") wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone. "“Commercial vehicle",” for the purposes of this section, shall be defined as any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation.
N. Portable basketball hoops Basketball Hoops: It shall be unlawful to placed, stored, or leftave unattended any portable basketball hoop on a public sidewalk, public street, or any portion of the City right-of-way.
O.
Numbering Required (Addresses): Failure to satisfy the following requirement for address numbers: Approved numbers or addresses signage shall be placed and maintained on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background and shall not be less than 4" in height. House numbers shall not be obstructed in any fashion.
17.50.210 Housing density bonus and other incentives.
A. The purpose and intent of this section is to implement Chapter 4.3 Density Bonuses and Other Incentives, Section 65915, et seq., of the California Government Code, as amended, for the development of affordable housing and senior housing developments, which are incorporated herein by this reference.
B. This section shall apply to residential projects providing moderate, low and very low income housing and/or senior housing developments pursuant to the provisions and definitions of Chapter
4.3, Section 65915, et seq., of the California Government Code, as amended. Should provisions of this chapter conflict with state law, the latter shall control.
C. Projects which meet the requirements set forth in this section shall qualify for a density bonus and an applicable number of concessions or incentives unless the City Council adopts a written finding, based upon substantial evidence that any one of the following exists:
1. The concession or incentive is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set at the required affordable levels, as specified in Government Code Section 65915(c); or
2. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or
City of Hanford Municipal Code Title 17 - Zoning Ordinance 164
3. The disapproval of the project or imposition of conditions is required in order to comply with specific state or federal law and there is no feasible method to comply without rendering the development unaffordable to very low and low-income households; or
4. The development project is inconsistent with the city’s General Plan land use designation as it existed on the date the application was deemed complete, and the city has adopted a housing element in compliance with state law.
D. Project financial report. The applicant shall show in the form of a project financial report (financial pro forma) that the density bonus is necessary to make the housing units economically feasible, and the city many retain a consultant, at developer’s sole cost, to review the project financial report and advise the city on the report. Where development and zoning standards exist which would otherwise inhibit the utilization of the density bonus on specific sites, the city may waive or modify the standards consistent with the provisions of this section.
E. Procedures.
1. Density Bonus/Incentives Review. Density bonus/incentive review by the Planning Commission shall only be required for projects involving Planning Commission approval. If no legislative entitlement is required, the community development department staff shall have final approval authority on density bonus and incentives. Appeals of a Planning Commission decision must be in accordance with Chapter 17.70 of the Hanford Municipal Code. If a rezone or General Plan amendment is part of the project, the Planning Commission shall make a recommendation on the density bonus and incentives requested, but the City Council shall have final approval authority as part of the total project. Any special conditions of the city zoning ordinance pertaining to the project, and/or applicable development standards of the downtown area shall also apply.
2. Regulatory Agreement. The city and applicant shall execute a regulatory agreement, ensuring compliance of the project with all applicable provisions and affordability restrictions as required under this section, State law, or other applicable affordable housing requirements, as well as equity sharing requirements if applicable. The regulatory agreement shall be recorded as a deed restriction with the Kings County recorder’s office running with the land and be binding upon all future owners, developers, and/or successors-in-interest. The regulatory agreement shall be recorded prior to the approval of a final map, or, where a map is not being processed, prior to the issuance of building permits for the parcel or units. Resale of moderate income units shall be governed by Government Code Section 65915(c)(2). The regulatory agreement shall, in addition to any provisions required by statute, include at least the following:
a. The total number of units approved for the housing development, including the number of target units;
b. A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing costs;
c. The location, unit sizes, in square feet, and number of bedrooms of target units; d. Tenure of use restrictions for target units of at least ten forty-five (1045) or thirtyfifty-five (3055) years, in compliance with applicable laws;
e. A schedule for completion and occupancy of target units; Commented [TM160]: Downtown area?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 165
f. A description of the additional incentive(s) being provided by the city; g. A description of remedies for breach of the regulatory agreement by the owners, developers, and/or successors-in-interest of the project; and
h. Other provisions to ensure implementation and compliance with this section.
3. Additional Conditions. In addition, reasonable conditions may be imposed to assure continued availability of such housing as very low, low or moderate income housing, or, for senior housing developments as defined in Civil Code Sections 51.3 and 51.12.
4. Those uRented units targeted for low-income households shall be affordable at a rent that does not exceed current Housing and Urban Development (HUD) income limits for lowtarget-income households for the county adjusted for household size.
5. Those units targeted for very low-income households shall be affordable at a rent that does not exceed current HUD income limits for very low-income households in the county adjusted for household sizeSubject to the terms of an equity-sharing agreement, owner-occupied units shall be sold and resold only to eligible target-income households.
6. The owner(s) shall maintain and keep on file documentation for the income level for each tenant occupying the target units.
7. The owner(s) shall provide the city any additional information required by the city to ensure the long-term affordability of the target units by eligible households.
8. The city shall have the right to inspect the owner’s project-related records at any reasonable time and shall be entitled to audit the owner’s records once a year.
9. The city may establish fees associated with the setting up and monitoring of target units.
10. All ownership target units shall be occupied by their purchasers; no renting or leasing shall be allowed.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 166
Chapter 17.52
LANDSCAPE STANDARDS
17.52.010 Purpose.
17.52.020 Applicability.
17.52.030 Landscape concept plan.
17.52.040 Construction landscape and irrigation plans.
17.52.050 Landscape area requirements.
17.52.060 Landscape standards.
17.52.010 Purpose.
The purpose of this chapter is to:
A. Enhance the appearance of all development by providing standards relating to the quality, quantity, and functional aspects of landscaping and landscape screening; B. Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of existing residential neighborhoods, and enhancing pedestrian and vehicular traffic and safety; and,
C. Decrease the use of water for landscaping purposes by requiring the efficient irrigation system design, appropriate plant materials, and regular maintenance of landscaped areas.
D. Meet the requirements of the latest adopted Model Water Efficient Landscape Ordinance. If the provisions of this chapter conflict with the then-current Model Water Efficient Landscape Ordinance, the more stringent provisions shall apply.
17.52.020 Applicability.
A. All projects shall provide and maintain landscaping in compliance with the provisions of this chapter.
B. Landscape plans, and plans for the ornamental use of water, including fountains and ponds, shall be submitted for review for compliance with the requirements of this chapter. Landscaping shall not be installed until the applicant receives approval of the final landscape plan. Changes to the approved landscape plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for review and approval before installation.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 167
17.52.030 Landscape concept plan.
A. The Through the Site Plan Review Committee process, the city may require a landscape concept plan as part of an application for a site plan review permit, conditional use permit, tentative subdivision map, or other permit or plan.
B. A landscape concept plan shall meet the intent of this section chapter by exhibiting a design layout that demonstrates the desired landscaping program in terms of function, location, size/scale, and similar attributes. The concept plan shall provide the applicable review authority with a clear understanding of the landscaping program before the preparation of detailed construction landscape and irrigation plans.
17.52.040 Construction landscape and irrigation plans.
A. When construction landscape and irrigation plans for on-site landscaping are required, they shall be submitted in conjunction with a building permit or subdivision improvement plans.
B. Landscape and irrigation plans shall be prepared by a State Licensed Landscape Architect, Licensed Landscape Contractor or a landscape professional determined to be competent by the Community Development Director.
C. Construction landscape and irrigation plans shall comply with the latest State Model Water Efficient Landscape Ordinance. The Community Development Director or the City Engineer may determine other requirements for the contents of construction landscape and irrigation plans.
17.52.050 Landscape area requirements.
Landscaping shall be provided in the locations specified in this section:
A. All building setback areas and open space areas required by this title that are visible from a public right-of-way shall be landscaped.
B. All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped unless it is determined by the Community Development Director that landscaping is not necessary to fulfill the purposes of this chapter.
C. Parking areas shall be landscaped in compliance with Chapter 17.54.
17.52.060 Landscape standards.
Landscape areas and materials shall be designed, installed, and properly maintained in compliance with the following:
A. General design standards. The following features shall be incorporated into the design of the proposed landscape and shown on the required landscape plans.
1. Publicly maintained landscape areas shall be separated from privately maintained landscape areas with, at a minimum, a four (4) inch wide concrete mow strip.
2. Pedestrian access to sidewalks and structures shall be integrated with the design of landscaped areas.
3. Landscape adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of a minimum six (6) inch high and six (6) inch wide concrete curb. An alternative type of barrier may be approved by the Community Development Director.
Commented [TM161]: Deleted because the sentence creates discretionary authority. If “other requirements” may be imposed, the requirements should be identified in the ordinance so they are non- discretionary.
Commented [TM162]: Deleted to eliminate discretionary
authority. The sentence should be revised to identify the specific conditions under which landscaping will not be required.
Commented [TM163]: Another example of discretionary
authority.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 168
4. Concrete mow strips, when used, shall be a minimum of four (4) inches in width.
5. Trees and shrubs shall be planted so that at maturity they do not interfere with utility lines and traffic safety sight areas.
6. Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners, particularly the right to solar access.
7. Trees planted within five (5) feet of sidewalks or curbs shall have an eighteen (18) inch by ten (10) foot long linear root barrier placed at each edge of the sidewalk or face of curb, centered on the tree.
B. Plant materials. Plant materials shall be selected and installed in accordance with the following requirements:
1. The size of ten (10) percent of the trees to be planted shall be twenty-four (24) inch box or larger. The remaining trees shall be sized fifteen (15) gallons or larger.
2. The size of seventy (70) percent of plants and shrubs shall be at five (5) gallon or larger. The remaining plants and shrubs shall be sized one (1) gallon or larger.
3. The size of groundcover at planting shall be one (1) gallon or larger.
4. Groundcover shall be designed to have one hundred (100) percent coverage within two (2) years.
5. Drought tolerant plant material and climate appropriate species shall be emphasized in the design.
17.52.070 Maintenance of landscaped areas.
A required landscaped area shall be planted with live and healthy plant materials suitable for screening and/or ornamenting the site. Landscaped areas established after the adoption of this section shall be watered by automatic systems and designed and developed in accordance with Chapter 12.08 and the most recent State Model Water Efficient Landscape Ordinance.
Commented [TM164]: This sentence is vague and ambiguous.
Does it mean that the owner of a small residential lot may not plant a tall tree species as the tree may eventually shade a neighbor’s yard? Commented [TM165]: Does this requirement apply to trees identified on the City’s approved street tree list?
Commented [TM166]: Are these requirements limited to new subdivisions, or do the also apply to single-property re-landscaping projects?
Commented [TM167]: How is “emphasized” defined?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 169
Chapter 17.54
PARKING AND LOADING STANDARDS
Sections:
17.54.010 Purpose.
17.54.020 Application.
17.54.030 General location and use of parking areas.
17.54.040 Number of parking spaces required.
17.54.050 Exceptions to required number of spaces.
17.54.060 Joint use of parking.
17.54.070 Common parking areas.
17.54.080 In-lieu payments for uses within the central parking and business improvement area.
17.54.090 Location of parking spaces.
17.54.100 Standards for off-street parking facilities.
17.54.110 Parking space dimensions.
17.54.120 Off-street loading facilities required.
17.54.130 Standards for off-street loading facilities.
17.54.140 Replacement of off-street parking and off-street loading facilities.
17.54.150 [Reserved.]
17.54.160 Screening and fencing.
17.54.180 Landscaping.
17.54.190 Parking for bicycle and low-emission vehicles.
17.54.200 Parking of recreational vehicles and trailers.
17.54.210 Storage and repair of vehicles.
17.54.220 Use of garages and carports.
17.54.230 Garage conversions.
17.54.010Purpose.
In order to attempt to reduce traffic congestion and a shortage of curb spaces, off-street parking and off-street loading facilities shall be required as a part of new land uses and major alterations and enlargements of existing land uses. Off-street parking and loading areas are intended to be laid out in a manner which will ensure their usefulness, protect the public safety, and where appropriate, insulate surrounding land uses from their impact.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 170
17.54.020Application.
The parking and loading standards in this chapter shall apply to all zone districts, unless otherwise specified.
17.54.030 General location and use of parking areas.
The land areas set aside for parking to meet the provisions of this chapter shall be usable and accessible for the type of off-street parking that is required. Off-street vehicle parking is restricted to only approved off-street parking facilities as designed and developed in accordance with this chapter.
17.54.040 Number of parking spaces required.
A. At the time of the initial occupancy of a site or any existing structure, or of the construction of a building, or of a major alteration or enlargement of a site or building or a change in the use of property that requires additional parking spaces, the number of off-street parking facilities for automobiles shall be provided in accordance with Table 17.54.040.
B. For the purposes of this section, square feet shall mean the gross square feet of a building.
Employees shall mean the expected number of employees determined at the time a building permit issued or a use commences.
C. If, in the application of the requirements of this section, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half.
Table 17.54.040
Number of Parking Spaces
Land Use Parking Space Requirement
Assisted living, skilled nursing, or hospice
facility; residential care facility
1 space per dwelling unit or 1 space for every
4 beds
Single-family dwelling 2 spaces per dwelling unit; at least 1 space shall be covered (garage or carport)
Multi-family dwelling, Studio or SRO (no
bedroom)
1 space per dwelling unit
Multi-family dwelling, 1-bedroom 1.5 spaces per dwelling unit; at least 50% of the spaces shall be covered parking
Multi-family dwelling, 2-bedroom 1.75 spaces per dwelling unit; 50% of the spaces shall be covered parking
City of Hanford Municipal Code Title 17 - Zoning Ordinance 171
Number of Parking Spaces
Land Use Parking Space Requirement
Multi-family dwelling, 3 or more bedrooms2 spaces per dwelling unit; 50% of the spaces shall be covered parking
Single- or multi-family dwelling specifically
for seniors 55 years of age or older
1 space per dwelling unit or 1 space for every
4 beds
Boarding house or rooming house, lodging1 space per 2 beds Motel, hotel, or bed and breakfast inn1 space per guest room, plus 1 space per employee
Live/work facility 1.5 spaces per dwelling unit
Integrated shopping center 1 space per 350 square feet
Retail store 1 space per 300 square feet
Retail store selling large items in showroom;
food locker
1 space per 600 square feet
Bank 1 space per 300 square feet
Indoor commercial recreation facility1 space per 300 square feet Health or fitness facility, small 1 space per 300 square feet Restaurant, bar, nightclub, lounge, brewpub,
microbrewery
1 space per 150 square feet
Artisan food and beverage production and
sales
1 space per 300 square feet
All office and medical uses, except call center,
hospital, and pharmacy
1 space per 250 square feet
Call center 1 space per 200 square feet
Hospital 1 space per 3 beds plus 1 space for every 2
employees of the maximum working shift,
including doctors
Pharmacy 1 space per 300 square feet
City of Hanford Municipal Code Title 17 - Zoning Ordinance 172
Number of Parking Spaces
Land Use Parking Space Requirement
Government office; social service office,
assistance center, or guidance center
1 space per 250 square feet
All service commercial uses 1 space per 300 square feet Studio for martial arts, music, dance, yoga,
exercise, gymnastics or similar
1 space per 500 square feet
All Manufacturing and processing uses except
agricultural food production and animal
raising; cold storage or ice house
1 space per 1,000 square feet
Mini-warehouse or self-storage 1 space per 250 square feet of office space plus 1 space per caretaker residence
Commercial and industrial uses conducted
primarily outside of buildings, including junk
yard, wrecking yard, or salvage facility, and
vehicle impound yard
1 space for each 2 employees of the maximum
working shift
Auditorium; card room; club, lodge, or private
meeting hall; funeral home or mortuary;
religious institution or facility, theater;
community center or facility
1 space per 50 square feet of floor area used
for seating if seats are not fixed, 1 space per 4
seats, or 1 space per 8 feet of bench or pew
seats
All Recreation uses except indoor commercial
recreation facility, small health or fitness
facility, and park or playground
1 space per 2 employees of the maximum
working shift plus the number of additional
spaces required by the Site Plan Review
Committee based on trip generation.
School, public, private, or charter
(kindergarten to 8th grade)
1 space per employee
School, public, private, or charter (9th to 12th
grade)
1 space per employee plus 1 space per 10
students (planned enrollment)
School; trade, vocational, art, business, or
professional
1 space per employee plus 10 spaces per
classroom
College or university 1 space per employee plus 1 space per 5 students (planned enrollment)
Commented [TM168]: This provision should be revised to eliminate discretionary authority. It would be ideal if a formula is identified.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 173
Number of Parking Spaces
Land Use Parking Space Requirement
Day care 1 space per employee plus on-site drop-off
area
Library, museum, cemetery, fairgrounds,
public building and grounds other than offices
and educational uses
1 space per 2 employees of the maximum
working shift plus the number of additional
spaces required by the Site Plan Review
Committee based on trip generation
Mobile home park, recreational vehicle park1 space per 2 employees of the maximum working shift plus the number of additional
spaces required by the Site Plan Review
Committee based on trip generation
Airport, heliport, bus, transit, or train station,
truck stop or travel center, trucking or
transportation terminal, emergency shelter,
warehouse or distribution center
1 space per employee of the maximum
working shift plus the number of additional
spaces required by the Site Plan Review
Committee based on trip generation
Post office; public corporation yard, utility
yard, or vehicle and heavy equipment
maintenance and storage yard; public safety
facility or station
1 space per employee of the maximum
working shift plus the number of additional
spaces required by the Site Plan Review
Committee based on trip generation
Adult entertainment establishment As per the most similar specified use as determined by the Site Plan Review
Committee
Uses not specifically described in this tableAs per the most similar specified use as determined by the Site Plan Review
Committee
17.54.050 Exceptions to required number of spaces.
A. No additional parking spaces shall be required for a change in use or a building enlargement of less than 1,000 square feet in an existing building located within the Historic Overlay Zone. or the East Downtown Overlay Zone.
B. In the event a change in use requires an increase of two (2) or less off-street parking spaces, no additional parking spaces shall be required.
Commented [TM169]: See comment above about identifying a formula to eliminate the exercise of discretionary authority.
Commented [TM170]: See comment above about identifying a formula to eliminate the exercise of discretionary authority.
Commented [TM171]: See comment above about identifying a formula to eliminate the exercise of discretionary authority.
Commented [TM172]: See comment above about identifying a formula to eliminate the exercise of discretionary authority.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 174
C. No additional off-street parking facilities shall be required solely because of the remodeling of an existing use or building, unless there is a change in use or increase in floor area or other unit of measurement as the result of such remodeling.
D. The total requirements for off-street parking facilities for a mixed-use development shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as specifically allowed in this chapter.
E. Parking lots with forty (40) or more spaces may substitute standard parking spaces with motorcycle spaces if they are located within one hundred fifty (150) feet of a building entry. One standard space may be replaced with a motorcycle space for each forty (40) required spaces, up to a maximum of two-and-one-half (2.5) percent of the total number of parking spaces.
F. No existing land use or structure shall be deemed to be a nonconforming use solely because of the lack of off-street parking or off-street loading facilities prescribed in this chapter.
17.54.060 Joint use of parking.
The Community Development Director, upon a written application by the owner or lessee of any property, may authorize the joint use of parking facilities for the following uses or activities when all of the following are met:
A. No more than seventy-five (75) percent of the parking facilities required by this chapter for a primarily daytime will be provided by the parking facilities of a primarily nighttime use, or alternatively, no more than seventy-five (75) percent of the parking facilities required by this chapter for a primarily nighttime use may be provided by the parking facilities of a primarily daytime use. Banks, offices, retail stores, all manufacturing uses, and similar uses are considered typical daytime uses. Theaters, bars and auditoriums are considered nighttime uses.
B. The building or use for which an application is made for authority to utilize the existing off- street parking facilities provided by another building or use shall be located within two hundred (200) feet of such parking facility.
C. The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.
D. If the building, structures, or improvements requiring the parking spaces is located on a different lot or parcel from the property upon which the required parking spaces are located, the owner(s) of the properties shall enter into an agreement, in a form approved by the city. The agreement shall name the city as a third-party beneficiary and shall state that the purpose of the agreement is to satisfy the requirements of this chapter. The agreement shall also state that it creates a covenant that shall run with the land and that the parties thereto will maintain the required parking spaces upon the property where the parking spaces are located so long as the city requires such parking spaces for the building, structure or improvement. The agreement shall also state that the parking spaces will be used only by persons using the properties which are identified in the agreement and for no other purpose without the express prior written consent of the city. The agreement shall be recorded against title to both properties identified in the agreement so as to become an encumbrance against title to both properties.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 175
17.54.070 Common parking areas.
Common parking areas for uses that are not integrated shopping centers may be provided in lieu of the individual requirements contained in this chapter, but the plans for such facilities shall be approved by the Community Development Director as to size, shape and relationship to the sites to be served. The total number of such off-street parking spaces shall be reduced by fifteen (15) percent if the site has three thousand (3,000) square feet or more of building floor space.
17.54.080 In-lieu payments for uses within the central parking and business improvement area.
In lieu of furnishing the parking spaces and facilities required by the provisions of this section for uses within the Central Parking and Business Improvement Districtcentral parking and business area, the city may require the applicant, as a condition of approval of any project which is subject to the provisions of this section, to satisfy said provision by the use of one of the following alternatives:
A. The payment to the city of an amount of money, equal to fifty percent (50%) of the value of each parking space required by the provision of this chapter for the specific use which value shall be fixed every two (2) years by resolution of the City Council based upon a cost analysis of developing municipal off-street parking facilities as determined by the City Engineer. The payment of such amount shall constitute full compliance with the provisions of this section. Payment of such amount shall be made prior to occupancy.
B. The construction of such oOff-street parking spaces and facilities can be constructed considering theto the extent permitted by physical limitations of the property available for such purpose and , with the payment of money to the city in accordance with the provisions of Subsection A of this section for the remainder of the off-street parking spaces and facilities required by this chapter.
17.54.090 Location of parking spaces.
A. Off-street parking and off-street loading shall be located on the same site as the use for which they are required or on an adjoining site, except that within the Central Parking and Business Improvement District may locate required off-street parking within six hundred (600) feet of the use for which the spaces are required, measured by the shortest route of pedestrian access.
B. All parking spaces, whether required by this chapter or in addition that which is required, shall be located on a lot or parcel behind the front building setback and outside of a street side yard setback, except that vehicles may park on a paved driveway in the front building setback area.
This requirement applies to both covered and uncovered parking areas.
C. In the Historic Overlay District, new parking spaces shall not be located between the main building and a public street.
17.54.100Standards for off-street parking facilities.
Off-street parking facilities shall conform to the following standards and be approved by Site Plan Review Committee in accordance with Chapter 17.60:
A. All parking areas shall have ingress and egress to and from a street or alley as required by the city’s standard specifications.
Commented [TM173]: Suggest that a formula be identified in place of giving the CD Director discretionary authority to determined number of required parking spaces based upon size, shape, and relationship to the sites to be served.
Commented [TM174]: Only 50% because the City utilizes the funds to create public parking? If yes, is there an issue with the number of new parking spaces created? For example, if a use requires ten parking spaces but only pays for five spaces, how is the five-parking-space deficiency addressed?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 176
B. Sufficient room for turning and maneuvering vehicles shall be provided on the site.
C. Developed parking areas are to be utilized by all vehicles associated with or visiting the site.
D. The parking of vehicles on lawn, landscaped areas, or other areas not designed for parking are prohibited.
E. Entrances and exits to parking lots and other parking facilities shall be provided only at locations approved by the through Site Plan Review Committee.
F. Parking lot lighting shall be deflected away from adjoining sites so as not to cause glare to such sites.
G. No commercial repair work, washing or servicing of vehicles shall be conducted in a parking area.
H. Parking areas, aisles, and access drives shall be paved with a solid material so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, except that long-term storage areas for vehicles in the C-S, I-L and I-H zone districts may be surfaced with rock, gravel, granite or solid paving.
I. Parking areas shall be designed to the city’s standard specifications and approval by the city engineer.
J. In all R-L zones and in the R-M, R-H, and OR zones a front setback area and a street side setback area of a corner lot shall not to be paved or used for parking except for an access driveway leading to an allowed parking area beyond the front or street side setback area.
K. In all R-L zones and in the R-M, R-H, and OR zones, of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed forty percent (40%) of the lot frontage along the street.
L. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved areas of these driveways shall not exceed fifty percent (50%) of the front yard landscaped area.
17.54.110 Parking space dimensions.
A. A standard parking space shall not be less than eighteen and one-half (18.5) feet in length and nine (9) feet in width, exclusive of aisles and access drives.
B. A compact parking space shall not be less than sixteen (16) feet in length and eight (8) feet in width, and marked for compact cars.
C. Up to thirty percent (30%) of all parking spaces in a parking lot or parking structure may be compact parking spaces. In parking lots, there shall be no more than four (4) compact spaces adjacent to each other.
D. The dimensions, design, and construction of parking spaces reserved for handicapped access shall meet the latest adopted California Uniform Building Code.
E. Motorcycle spaces shall be a minimum size of four (4) feet by eight (8) feet.
F. Tandem parking may be provided for residential land uses with the following restrictions:
1. Tandem parking shall not be more than two (2) cars in depth Commented [TM175]: Objective parameters should be
specified so that discretionary authority is not exercised.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 177
2. Both tandem spaces shall serve the same dwelling unit.
3. For multi-family residential dwellings, tandem parking may be provided to meet up to fifty (50) percent of the required parking spaces.
17.54.120Off-street loading facilities required.
At least one off-street loading space shall be provided in connection with a building having a gross floor area of ten thousand (10,000) square feet or more and intended for a use that typically receives or delivers goods. This requirement shall not apply to a building adjacent to a public alley. The Site Plan Review Committee may waive this requirement for buildings located within the Historic Overlay District. or the East Downtown Overlay District.
17.54.130Standards for off-street loading facilities.
Off-street loading facilities shall conform to the following standards:
A. Clearance. Each loading berth shall have a length, width, and overhead clearance sufficient to accommodate fully the maximum expected size of vehicles used in loading or unloading operations.
B. Turning and maneuvering. Sufficient room for the turning and maneuvering of vehicles shall be provided on the site.
C. Entrances and exits. Entrances and exits shall be provided at locations approved by the City Engineer.
D. Paving, drainage, and grading. The loading area, access drives and aisles shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, with the design and specifications of such work subject to city standards and the approval of the City Engineer.
E. Bumper rails and other barriers. Bumper rails or other barriers shall be provided where needed for safety or to protect property as determined by the through Site Plan Review Committee.
F. Lighting. If the loading area is illuminated, lighting shall be deflected away from abutting sites so as not to cause annoying glare to such sites.
G. Location. Loading areas not permitted in front yards. A loading area shall not be located in a required front setback area. A loading area may be located in a required side or rear setback area.
H. Restriction of use. No commercial repair work, washing or servicing of vehicles shall be conducted in an off-street loading area.
17.54.140Replacement of off-street parking and off-street loading facilities.
No off-street parking, or off-street loading facility provided per this chapter shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the requirements of this chapter.
17.54.160 Screening and fencing.
Where an off-street parking area located in a commercial or mixed use zone district adjoins a residential zone district or the O or OR zone district, a solid wall or fence, approximately seven Commented [TM176]: Objective parameters should be
identified for waiver so the determination is not discretionary.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 178
(7) feet in height shall be located at the property line common to such districts, except in a required front setback area. The Site Plan Review Committee may reduce the required height or type of screening may be reduced through Site Plan Review if they find that the standard screening requirement is not necessary to protect the residential zone district from light, noise, and safety impacts.
17.54.180 Landscaping.
In the O and OR zone districts, and in all commercial, mixed use, and industrial zone districts, not less than five (5) percent of the interior square footage of a parking area shall be landscaped with trees and other plant materials suitable for ornamentation. Parking areas are to have one tree placed at every four (4) lineal parking spaces. Landscaped areas shall be distributed throughout the parking area and peripheral areas to the extent practical in consideration of the size and design of the parking area. Parking lots developed next to a street shall provide a landscape buffer between the street and the parking lot of at least ten (10) feet.
17.54.190 Parking for bicycle and low-emission vehicles.
Parking for bicycles and low-emission vehicles shall be provided in accordance with the latest adopted version of the California Building Code.
17.54.200 Parking of recreational vehicles and trailers.
A. In any residential zone district and in the OR zone district, no recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport. If a side or rear yard is not accessible due to existing legal permanent structures, a recreational vehicle or trailer may be parked in a driveway or adjacent to a driveway if it does not create a nuisance or safety problem as determined by the Community Development Director.
B. All recreational vehicles or trailers visible from the street are to be maintained so as not to detract from the neighborhood.
17.54.210 Storage and repair of vehicles.
A. In any residential district and in the OR zone district, all motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage or carport. Vehicles with custom fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the Community Development Director, cause complaints from neighbors or violate any section of this title.
B. Repair of vehicles owned by the residents of the property and storage of parts shall be within an enclosed garage, or carport if no garage exists. Repair of vehicles not owned by the resident of the property is prohibited. Vehicle repair and storage of parts are prohibited in a driveway and within the front and street side setback areas.
17.54.220 Use of garages and carports.
In any residential zone district and in the OR zone district, garages and carports are to be primarily used for the parking of four-wheeled vehicles. The use of garages or carports for general storage, recreation activities or other uses that prevent the use of the garage or carport for the parking of at Commented [TM177]: Deleted because the storage of covered cars should be legal or illegal in all neighborhoods on a consistent basis. Legality should be depend on whether a malcontent resides in a neighborhood.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 179
least one four-wheeled vehicle is prohibited, except where a garage or carport is converted for living space in accordance with Section 17.54.230.
17.54.230 Garage conversions.
A. It is the purpose of this section to allow, in certain cases and subject to specific design requirements, the conversion of garages and carports for living space in circumstances where the provisions of Section 17.54.040 cannot be met post-conversion. Such conversion is deemed acceptable if the following requirements are met:
1. The site is being usedzoned as a single-family or mixed use, detached, residence with a minimum lot size of five thousand (5,000) square feet;
2. The area converted shall be used as part of the main dwelling and shall not be used as a separate dwelling unit or accessory dwelling unit;
3. The area converted shall be subject to all applicable building code requirements;
43. The site shall be owner occupied and that such ownership shall have been in effect for a minimum of twelve (12) months prior to approval of a conversion under this section;
54. The garage door shall either be removed from the structure, or a wall shall be constructed behind the pre-existing garage door with the garage door remaining in place. The exterior elevation of the conversion shall be compatible in design with the existing dwelling;
65. If the garage door is removed, some type of buffering, such as removal of a portion of the parking area for a planter area, shall be provided between the carport or garage and the remaining parking area;
76. The remaining parking area shall have two parking spaces, each space having a minimum width of nine (9) feet and a minimum depth of eighteen (18) feet from the property line.
B. The Community Development DirectorThrough the Site Plan Review process, the City shall approve or deny garage conversion requests based upon the requirements in this section through the administrative use permit process in Chapter 17.74and applicable state statutes governing accessory dwelling units. Interested individuals may appeal the decision in accordance with the appeal provisions in Chapter 17.70. Review shall be limited to compliance with the specified requirements.
Commented [TM178]: Note: State ADU laws governs garage conversions.
Commented [TM179]: Deleted because ADU law does not
allow the establishment of minimum lot size requirements.
Commented [TM180]: State law allows JADUs to exist
without an interior connection to the primary dwelling.
Commented [TM181]: Deleted because, per Gov. Code §
65852.2(a)(8), the City may not impose an owner-occupant requirement.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 180
Chapter 17.56
SIGNS AND OUTDOOR ADVERTISING STRUCTURES
17.56.010 Purpose.
17.56.020 Applicability and severability.
17.56.030 No discrimination against noncommercial speech.
17.56.040 Exempt signs.
17.56.050 Prohibited signs.
17.56.060 Permits required.
17.56.070 Sign design principles.
17.56.080 Rules for sign measurement.
17.56.090 Sign regulations on developed sites by zone district.
17.56.100 Sign regulations on undeveloped or developing sites.
17.56.110 Offsite temporary signs for residential subdivisions.
17.56.120 Flags and flagpoles.
17.56.130 Search lights and klieg lights.
17.56.140 Signs in public rights-of-way.
17.56.150 Temporary sign standards.
17.56.160 Size of signs on windows.
17.56.170 Signs with non-electronic changeable copy.
17.56.180 Signs with electronic changeable copy.
17.56.190 Illumination of signs.
17.56.200 Concealed electrical systems.
17.56.210 [Reserved]
17.56.220 Master sign program.
17.56.230 Wall mural placement and design criteria.
17.56.240 Variances and minor deviations.
17.56.250 Nonconforming signs.
17.56.260 Maintenance of signs.
17.56.270 Hazardous signs.
17.56.280 Abandoned or obsolete signs.
17.56.290 Illegal signs.
17.56.300 Enforcement.
17.56.310 Definitions.
17.56.320 Illustrations of signs.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 181
17.56.010 Purpose.
A. The purpose of this chapter is to regulate signs as an information system that preserves and enhances the aesthetic character and environmental values of Hanford, its residential neighborhoods, its downtown, and commercial/industrial areas, while also providing an effective means for members of the public to express themselves through the display of signs. These regulations recognize the importance of business activity to the economic vitality of the City as well as the need to protect the visual environment. Specifically, these regulations are intended to implement the General Plan and to:
1. Provide minimum standards to safeguard life, health, property, public welfare, and traffic safety by controlling the design, quality of materials, construction, illumination, size, location and maintenance of signs and sign structures;
2. Preserve and enhance the visual attractiveness of the City for residents, businesses, and visitors;
3. Protect and enhance property values and community appearance by encouraging signs that are compatible with the architectural style, character, and scale of the building to which they relate and with adjacent buildings and businesses;
4. Restrict signs that may create visual clutter or a nuisance to nearby properties, violate privacy, create hazards or unreasonable distractions for pedestrians and drivers;
5. Provide adequate opportunity for the exercise of the free speech by display of a message or image on a sign, while balancing that opportunity with other community and public interests;
6. Ensure that commercial signs are accessory or auxiliary to a principal business or establishment on the same premises, rather than functioning as general advertising for hire; and
7. Prohibit signs that may cause traffic or pedestrian safety hazards or interfere with ingress and egress.
B. It is the City’s policy to regulate signs in a constitutional manner that is content neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S.
Constitution and the corollary provisions of the California Constitution.
17.56.020 Applicability and severability.
This chapter regulates signs that are located or mounted on private property within the jurisdictional boundaries of Hanford. The provisions in this Chapter apply in all Zoning Districts within the City. No sign within the regulatory scope of this Chapter shall be erected or maintained anywhere in the City except in conformity with this Chapter. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause term or word in this chapter is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of the chapter.
17.56.030 No discrimination against noncommercial speech.
Subject to the property owner’s consent, a noncommercial message of any type may be substituted, in whole or in part, for any commercial message or any other noncommercial message provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision
City of Hanford Municipal Code Title 17 - Zoning Ordinance 182
prevails over any more specific provision to the contrary within this title. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.
17.56.040 Exempt signs.
A. The following signs are exempt from the permit requirements of this chapter and do not count toward the total sign area limit for a site, provided that they conform to applicable standards:
1. One nameplate per residence or business premises, mounted on a wall and not exceeding two (2) square feet in area, identifying the owner and/or address of the property.
2. Barber poles, not exceeding 18 inches in height, located in a non-residential zone district and containing no lettering.
3. Signs on vehicles, provided that the message pertains to the establishment of which the vehicle is an instrument or tool, and the sign does not utilize changeable copy or special illumination.
4. Holiday and cultural observance decorations on private property that do not include commercial advertising. This exemption includes strings of lights associated with a holiday decoration.
5. Official notices issued by a court or public agency and posted in the performance of a public duty; notices posted by a utility or other quasi-public agency; signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic; noncommercial bus stop signs erected by a public transit agency, or other signs required or authorized by law. This exemption also covers signs and banners for special civic events erected by the City, which may be displayed in public rights-of-way.
6. Signs that are located entirely within a building or enclosed structure and are not visible from the public right-of-way.
7. Signs located on a private area of a lot that is not accessible by the general public, such as a backyard, and are not visible from the public right-of-way.
8. Signs and menu display boards fixed to mobile vending carts, up to a maximum of eight (8) square feet of sign area, plus a menu display board.
9. Signs that are part of a vending machine.
10. Temporary signs that conform to the standards of Chapter 17.56.
11. Signs mounted on carrier vehicles such as buses, taxicabs, and limousines that legally pass through the City.
12. Window signs that conform to the standards of Chapter 17.56.
13. Directional Signage without advertisement. Limited to the freestanding sign regulations.
B. Exempt signs that have electrical connections or engineered supports shall obtain the appropriate building permit, as required by the California Building Code.
Commented [Gd182]: For directional signs, maybe we can use the same height restrictions used for freestanding signs in that zone district. This is a historical building in the MX-D zone district (which doesn’t allow freestanding signs). Most district allow up to 4 feet without a setback requirement, 5’ with 5’ setback, and 6’ high with 10’ setback. Since MX-D usually doesn’t have room for setbacks, and directional signs are usually close to property lines, maybe we could go with a 4’ max?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 183
17.56.050 Prohibited signs.
A. The following signs shall be prohibited in all zones:
1. Signs illuminated with red, green, or amber light placed in such a position that it could reasonably be perceived to interfere with, or be confused with any official traffic control device, traffic signal, or official directional guide sign.
2. Signs placed within thirty (30) feet of the intersecting curb lines of a street, except for signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic.
3. Signs so located as to prevent free ingress and egress from any door, window, or fire escape;
4. Outdoor advertising structures located on a site other than the site on which the advertised commercial use is located or on which the advertised commercial product is produced.
5. Signs extending above or beyond the face of the building, the fascia of the roof, the peak of a pitched roof, or the parapet line of a flat roof.
6. Glaring, flashing, sparkling, glittering, twinkling, or shimmering signs.
7. Signs with open letters that can be viewed from the reverse side.
8. Streamers, balloons, blimps, or other floating, inflatable, or hanging devices secured with a rope or string, unless specifically permitted with a temporary use permit.
9. Signs located, placed, or erected in or upon any public right-of-way, except as specifically allowed by this chapter.
10. Signs located, placed or attached upon any tree, utility pole, or fence, except as specifically allowed by this chapter.
11. Signs placed on private property without permission of the property owner.
12. Nonconforming signs and sign structures associated with an activity, business, product or service that has not been sold, produced, provided or conducted on the premises for a period of ninety (90) days;
13. Signs that revolve or are animated, except public service signs, such as time and temperature units and barber poles;
14. Signs containing statements, words, symbols, or characters of an obscene nature;
15. Signs emitting sound;
16. Murals that contain commercial speech.
17. Signs located within five (5) feet of a fire hydrant, street sign, or traffic signal.
18. Can or cabinet signs.
19. Feather signs.
17.56.060 Permits required.
A. No sign shall be erected, altered, reconstructed, or relocated without a sign permit. A permit is not required for ordinary maintenance and repairs to signs and for temporary signs on private
City of Hanford Municipal Code Title 17 - Zoning Ordinance 184
property that conform to the standards of this chapter. The Community Development Director will review all applications for sign permits for consistency with this chapter.
B. Signs that project over or extend into a public street or sidewalk shall also require approval of an encroachment permit by the City Engineer pursuant to the provisions of Title 12 of the Municipal Code.
C. Consent of the property owner or business owner is required before any sign permit may be approved.
17.56.070 Sign design principles.
A. The following sign design principles should be used as criteria for review and approval of sign permits and master sign programs.
1. Architectural Compatibility. A sign, including its supporting structure, if any, should be designed as an integral design element of a building’s architecture and be architecturally compatible, including color and scale, with any building to which the sign is to be attached and with surrounding structures. A sign that covers a window or that spills over “natural” boundaries or architectural features and obliterates parts of upper floors of buildings is detrimental to visual order and will not be permitted. Common indicators of compatibility include quality sign design and construction, proportional size and scale; and use of materials, shapes and colors that complement the building’s architectural style and the surrounding environment.
2. Legibility. The size and proportion of the elements of the sign’s message, including logos, letters, icons and other graphic images, should be selected based on the average distance and average travel speed of the viewer. Sign messages oriented towards pedestrians may be smaller than those oriented towards automobile drivers. Colors chosen for the sign text and/or graphics should have sufficient contrast with the sign background in order to be easily read during both day and night. Symbols and logos can be used in place of words. Substantial contrast should be provided between the color and materials of the background and the letters or symbols to make the sign easier to read.
3. Readability. A sign message should be easily recognized and designed in a clear, unambiguous and concise manner, so that a viewer can understand or make sense of what appears on the sign.
4. Visibility. A sign should be conspicuous and readily distinguishable from its surroundings so a viewer can easily see the information it communicates.
5. Placement. Often, a building’s architectural details create logical places for signage. Signs should not cover or interrupt architectural details or ornaments of a building’s façade. On buildings with a monolithic or plain façade, signs can establish or continue appropriate design rhythm, scale and proportion. Well-designed and well-located retail signs create visual interest and continuity with other storefronts on the same or adjacent buildings.
6. Materials. Signs shall be made of sturdy, durable materials. Paper, cardboard, or other material subject to rapid deterioration can only be used for signs that comply with applicable requirements for temporary signs in Section 17.56. Fabric signs are restricted to awnings, canopies, flags, and temporary Signs.
Commented [TM183]: Why not “shall”?
Commented [TM184]: What is the difference between an
awning and a canopy?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 185
B. Sign permits or master sign programs that are determined by the Community Development Director to be substantially inconsistent with these sign design principles may shall be denied.
17.56.080 Rules for sign measurement.
A. For the purposes of this chapter, lot frontage shall be calculated as follows:
1. If a lot fronts on two streets, both frontages may be used to determine the allowable sign area.
2. If a lot fronts on three or more streets, the length of only two contiguous sides shall be added together to determine allowable sign area.
B. The building frontage shall be the building facade in which main customer access is provided to the establishment. A building’s frontage is considered continuous if projections or recesses in the building facade do not exceed fifteen (15) feet in any direction. For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each building frontage.
C. The area of an individual sign shall be calculated as follows.
1. Sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures such as sign bases and columns are not included in sign area provided that they contain no lettering or graphics except for addresses or required tags.
2. Where two faces of a double-faced sign are located two (2) feet or less from one another at all points, or located at an interior angle of forty-five (45) degrees or less from one another, the sign area shall be calculated as the area of one (1) face. Where the two (2) faces are not equal in size, the larger sign face shall be used. Where two (2) faces of a double-faced sign are located more than two (2) feet or forty-five (45) degrees from one another, both sign faces shall be counted toward sign area.
3. On a three-faced sign, where at least one interior angle is forty-five (45) degrees or less, the sign area shall be calculated as the largest and the smallest face shall. In all other situations involving a sign with three or more sides, sign area shall be calculated as the sum of all faces.
4. Three-Dimensional Signs. Signs that consist of, or have attached to them, one or more three- dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), may have a sign area that is the sum of two adjacent sides of the smallest cube that will encompass the sign.
D. The height of a sign shall be calculated as follows.
1. The height of a sign that is not a freestanding sign shall be the vertical distance measured from the ground level directly beneath the sign to the highest point at the top of the sign, including any structural or architectural components of the sign.
2. The height of a freestanding sign shall be measured as the vertical distance from grade at the edge of the right-of-way along which a freestanding sign is placed to the highest point of the freestanding sign, including any structural or architectural components of the sign. When the grade at the edge of the right-of-way is higher than the site on which the sign is placed, that portion of the sign below the grade at the edge of the right-of-way shall not be included in determining the Commented [TM185]: Changed “may” to “shall” to avoid the grant of discretionary authority.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 186
freestanding sign's overall height. Freestanding signs oriented towards a freeway shall be measured from the site’s finished grade or pad, whichever is lower.
E. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.
F. For the purpose of determining the allowed number and size of signs, an integrated shopping center shall be considered as one site.
17.56.090 Sign regulations on developed sites by zone district.
For the purpose of this section, signs are grouped into four types: building signs, freestanding signs, temporary building signs, and temporary freestanding signs.
This section establishes standards for the number of signs, size of signs, placement of signs, and illumination of signs for developed sites based on the zone district in which the signs are located.
Table 17.56.090(A) establishes specific regulations by zone district for building signs, and freestanding signs. Table 17.56.090(B) establishes specific regulations by zone district for temporary building signs, and temporary freestanding signs. Signs shall not be placed on private property except in conformance with Table 17.56.090(A) and Table 17.56.090(B).
Table 17.56.090(A)
Number and Size of Permanent Signs by Zone
Zone District Building Signs Freestanding Signs
AP, R-L, R-M, and
R-H zones with 4 or
less residences per
site
1 sign per residence maximum.
4 sq.ft. maximum size per sign.
Placement a maximum 8 feet high.
External illumination only.
None allowed.
AP, R-M, and R-H
zones with 5 or more
residences per site or
with non-residential
uses on site
1 sign per street frontage maximum.
30 sq.ft. maximum size per sign.
Placement a minimum 5 feet below
roofline.
External illumination only.
1 sign per site maximum.
20 sq.ft. maximum size.
6 feet high maximum.
External illumination only.
OR zone 1 sign per site.
8 sq.ft. maximum size per sign.
Placement a maximum 8 feet high.
1 sign per site maximum.
20 sq.ft. maximum size.
6 feet high maximum.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 187
Number and Size of Permanent Signs by Zone
Zone District Building Signs Freestanding Signs
External illumination only. External illumination only.
C-N, C-R, C-S, C-H,
MX-N, MX-C, and
O zones
No limit to number of signs per
business establishment. Allowed
square footage per building frontage
is cumulative.
Establishments with primary
building frontage less than 300 feet:
2 sq.ft. per 1 lineal foot up to a
maximum 350 sq.ft. along primary
frontage. 50 sq.ft. allowed regardless
of frontage length.
Secondary building frontage: 1 sq.ft.
per lineal foot up to a maximum 200
sq.ft. per secondary frontage. 35
sq.ft. allowed regardless of frontage
length.
Sites within 100 feet of State Route
198 may count the frontage facing
State Route 198 as their primary
frontage for the purpose of
calculating maximum sign size.
1 sign per establishment
maximum.
40 sq.ft. maximum sign face size.
6 feet high maximum if set back
10 feet from property line.
5 feet high maximum if set back 5
feet from property line.
4 feet high maximum if set back 0
feet from property line.
Sites with an integrated shopping
center: 1 additional freestanding
sign up to 350 sq.ft. Maximum
height not greater than 1.5 times
the average height of the building.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 188
Number and Size of Permanent Signs by Zone
Zone District Building Signs Freestanding Signs
I-L, and I-H zonesNo limit to number of signs per
business establishment.
500 sq.ft. maximum sign surface area
per sign. 1,000 sq.ft. maximum sign
surface area cumulative of all signs.
1 sq.ft. per lineal foot of property line
adjoining a street, or 100 sq.ft. per
acre of site area in use, whichever is
greater, to a maximum of 600 sq. ft.
of sign face.
1 sign per frontage maximum.
40 sq.ft. maximum sign face size.
10 feet high maximum.
Sites within 100 feet of State
Route 198 may increase the
maximum height to 50 feet.
MX-D zone 2 sq.ft. per 1 lineal foot of building
frontage up to 100 sq.ft. on primary
frontage.
1 sq.ft. per 1 lineal foot up to 100
sq.ft. on secondary frontage.
External illumination or exposed
neon illumination only.
None allowed.
PF zone 1 sign per street frontage maximum.
30 sq.ft. maximum size per sign.
Placement a minimum 5 feet below
roofline.
External illumination only.
1 sign per site maximum.
20 sq.ft. maximum size.
6 feet high maximum.
External illumination only.
CO zone 1 sign per building maximum.
4 sq.ft. maximum size per sign.
Placement a maximum 8 feet high.
External illumination only.
None allowed.
Table 17.56.090(B)
City of Hanford Municipal Code Title 17 - Zoning Ordinance 189
Number and Size of Temporary Signs by Zone
Zone District Temporary Building SignsTemporary Freestanding Signs AP, R-L, R-M, and
R-H zones with 4 or
less residences per
site
1 sign per site
12 sq.ft. maximum per sign.
Placement a maximum 10 feet
high.
No illumination.
Up to 4 per site maximum.
16 cumulative sq.ft. maximum sign
size.
First sign maximum 5 feet high, all
other signs maximum 2 feet high.
No illumination.
AP, R-M, and R-H
zones with 5 or more
residences per site or
with non-residential
uses on site
1 sign per street frontage.
32 sq.ft. maximum size per sign.
Placement a minimum 5 feet below
roofline.
No illumination.
Up to 4 per site maximum.
32 cumulative sq.ft. maximum sign
size.
First sign maximum 5 feet high, all
other signs maximum 2 feet high.
No illumination.
OR zone 1 sign per site
12 sq.ft. maximum per sign.
Placement a maximum 10 feet
high.
No illumination.
Up to 4 per site maximum.
16 cumulative sq.ft. maximum sign
size.
First sign maximum 5 feet high, all
other signs maximum 2 feet high.
No illumination.
C-N, C-R, C-S, C-H,
MX-N, MX-C, O, I-
L, and I-H zones
1 sign per establishment.
10 sq.ft. plus an additional 1 sq.ft.
per 2 lineal feet of primary building
frontage maximum size per sign.
Placement a minimum 5 feet below
roofline.
No illumination.
1 sign per site, plus 1 additional sign
for every 300 lineal feet of street
frontage, rounded down to the
nearest whole number.
One half of signs, 32 sq.ft.
maximum sign size. Other half of
signs, 16 sq.ft. maximum sign size.
8 feet high maximum if more than 3
feet wide. 12 feet high maximum if
3 feet wide or less.
No illumination.
Sites within 100 feet of State Route
198 may increase the maximum size
per sign to 50 sq.ft. and may
City of Hanford Municipal Code Title 17 - Zoning Ordinance 190
Number and Size of Temporary Signs by Zone
Zone District Temporary Building SignsTemporary Freestanding Signs increase the maximum height to 30
feet.
MX-D zone 1 sign per establishment.
10 sq.ft. per establishment, plus an
additional 1 sq.ft. per 2 lineal feet
of primary building frontage.
No illumination.
1 sign per site.
10 sq.ft. maximum sign size.
If placed on sidewalk the sign shall
allow for a minimum 4-foot wide
path of travel.
No illumination.
Freestanding banners are not
allowed.
PF zone 1 sign per street frontage.
32 sq.ft. maximum size per sign.
Placement a minimum 5 feet below
roofline.
No illumination.
Up to 4 per site maximum.
32 cumulative sq.ft. maximum sign
size.
First sign maximum 5 feet high, all
other signs maximum 2 feet high.
No illumination.
CO zone None allowed. Up to 4 per site maximum.
16 cumulative sq.ft. maximum sign
size.
First sign maximum 5 feet high, all
other signs maximum 2 feet high.
No illumination.
17.56.100 Sign regulations on undeveloped or developing sites.
A. Undeveloped sites shall be allowed a maximum one temporary freestanding sign of a maximum size of 32 square feet. Illumination of the sign is prohibited.
B. Developing sites, i.e. construction sites, shall be allowed a maximum two temporary freestanding signs of a maximum size of thirty-two (32) square feet each. Illumination is prohibited. Temporary signs that are not visible from any public right-of-way shall not be counted in the maximum number or size of signs.
C. Residential subdivision sites where ten (10) or more new residences are offered for sale shall be allowed one temporary sign of a maximum size of thirty-two (32) square feet. Illumination of
City of Hanford Municipal Code Title 17 - Zoning Ordinance 191
the sign is prohibited. The sign shall not be made or constructed from cloth, bunting, plastic, paper or similar material. The sign may be mounted on a building, or may be a freestanding temporary sign of a maximum height of twelve (12) feet. Additional temporary signs, temporary freestanding signs, and flags may be maintained within the boundaries of a residential subdivision provided that they are not visible from outside the residential subdivision and do not create a safety hazard by obstructing the clear view of pedestrian and vehicular traffic.
17.56.110 Offsite temporary signs for residential subdivisions.
A. Residential subdivision sites where ten (10) or more new residences are offered for sale shall be allowed up to four (4) offsite temporary freestanding signs with a size not to exceed thirty-two (32) square feet and a height not to exceed eight (8) feet may be permitted per residential subdivision. Signs shall be located on private, non-residential zoned parcels, or on private, residential zoned parcels that are part of an undeveloped residential subdivision (as defined in section 1 hereof) and that are unoccupied, vacant and otherwise free from any structures or buildings. Signs shall not be made or constructed from cloth, bunting, plastic, paper or similar material. Banners and flags with or without an advertising message shall not be permitted offsite.
B. In addition to any sign permitted pursuant to Subsection A. above, up to four (4) nonilluminated offsite temporary freestanding signs in an A-frame configuration, with a size not to exceed twelve (12) square feet per face or four (4) feet in height, may be permitted per residential subdivision. A-frame signs shall be located on private, non-residential property or on public property behind any existing sidewalks, and in such a manner so as to not to create a safety hazard by obstructing the clear view of, or otherwise hinder or impede, pedestrian and vehicular traffic.
A-frame signs may only be displayed during the operating hours for the residential subdivision sales office, and may be located no further than one thousand five hundred (1,500) feet from the subject residential subdivision entry. A-frame signs may be allowed on residential zoned parcels within an undeveloped residential that is unoccupied, vacant and otherwise free from any structures or buildings.
C. No more than one offsite temporary subdivision sign per parcel shall be allowed.
17.56.120 Flags and flagpoles.
A. Flags on flagpoles shall not count toward the maximum sign area.
B. Flagpoles shall not be located within any required side or rear building setback areas.
Flagpoles may be mounted on the ground or on the roof or wall of a building.
C. The maximum height of a flagpole shall be as follows:
1. Flagpoles located in a C-R, C-S, C-H, MX-C, I-L, or I-H zones shall have a maximum height of fifty (50) feet or a maximum height equal to twice the distance from the base of the pole to the closest lot line, to a maximum of one hundred (100) feet, whichever is greater.
2. Flagpoles located in the R-L, R-M, R-H, OR, AP, CO zones shall have a maximum height of thirty (30) feet, mounted on the ground.
3. Flagpoles located in the C-N, MX-N, O, and PF zones shall have a maximum height of fifty (50) feet.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 192
4. Flagpoles located in the MX-D zone shall have a maximum height of fifty (50) feet or a maximum height of thirty (30) feet plus the height of a building upon which it is mounted, whichever is greater.
D. The maximum width (hoist) of an individual flag on a ground-mounted or roof-mounted flagpole shall be equal to 20% of the height of the flagpole upon which it is located. The maximum length (fly) of an individual shall be twice the allowed width (hoist.) D. The maximum width (hoist) of an individual flag on a wall-mounted flagpole shall be a maximum six (6) feet by twelve (12) feet.
17.56.130 Search lights and klieg lights.
17. Search lights and klieg lights are prohibited, except when used for public safety purposes or when specifically approved with a temporary use permit for a special event.
17.56.140 Signs in public rights-of-way.
The following signs are allowed in the public right-of-way:
A. Building signs in the MX-D zone that project into the public right-of-way, provided that the width of the projecting sign is a maximum of three (3) feet, and that the bottom of the sign is seven (7) feet above the sidewalk or finished grade below it.
B. Building signs located on or under awnings in the MX-D zone that meet the provisions of this chapter.
C. Temporary freestanding signs placed on the sidewalk in the MX-D zone that meet the provisions of this chapter and when a minimum 4-foot wide clear path of travel is provided.
17.56.150 Temporary sign standards.
A. Temporary freestanding signs in non-residential zones shall not be located:
1. In any public right-of-way;
2. In parking lot driving lanes, aisles or spaces;
3. On multi-use trails or sidewalks if they would block a four-foot wide pedestrian path of travel;
4. At any location where they would block pedestrian access;
5. Within one hundred (100) feet on either side, or in front of a permanent freestanding sign;
6. Within twenty (20) feet from any other temporary freestanding sign; or
7. Within thirty (30) feet from a drive approach (driveway entrance) or intersection of two streets.
B. Temporary building signs shall be removed after a period of thirty (30) days. After removal, no temporary building sign may be placed on the site for a period of thirty (30) days.
C. Feather banners and temporary freestanding signs placed on a sidewalk in accordance with this chapter shall be removed between one hour before and one hour after the site’s establishment is open to the public. Recommendation: Remove feather banners and deem as prohibited signage.
D. Banners shall not be used as permanent signs.
Commented [TM186]: I agree
City of Hanford Municipal Code Title 17 - Zoning Ordinance 193
E. Banners and feather banners shall be constructed of durable, weather-resistant materials not subject to rapid deterioration or fading, and shall be professional in appearance. Acceptable materials include but are not limited to vinyl, nylon reinforced vinyl, polyethylene or polyester- like materials, or durable fabric.
F. Temporary freestanding signs shall be affixed to supporting structures made of a durable, rigid material such as, without limitation, wood, plastic or metal. Feather banners must be secured and stabilized so as to withstand wind gusts, or be removed during windy conditions. Freestanding signs placed on sidewalks in conformance with this chapter are exempt from this subsection if they have a weight and mass that makes them not inadvertently movable.
17.56.160 Size of signs on windows.
Permanent signs affixed to windows shall not cover more than forty (40) percent of each window.
They shall not be counted toward the maximum allowable sign size.
17.56.170 Signs with non-electronic changeable copy.
Non-electronic changeable copy shall represent no more than twenty (20) percent of the total allowable sign area. Changeable copy shall not be changed more than once every twenty-four (24) hours.
17.56.180 Signs with electronic changeable copy.
A. Electronic copy is allowed as a display medium on freestanding signs in the commercial or mixed use zone districts upon issuance of a Conditional Use Permit, issued pursuant to Chapter
17.80. B. Signs with electronic changeable copy shall meet the following standards:
1. The electronic sign face shall be directed in a manner that is not visible from the front or side of residential properties located in a residential zone district.
2. The electronic sign face shall be an integral part of the remainder of the sign area.
3. Electronic copy shall be limited to no more than thirty (30) lumens output, measured at ten (10) feet from the sign face.
4. No portion of the electronic sign face shall change more frequently than once every six (6) seconds.
5. The electronic sign shall not emit any audible sound, buzz, or noise.
6. The electronic sign shall be operative only during the hours of operation of the associated business establishment.
7. Sign copy or electronic picture displays shall be limited to advertising related to the use(s) on the premises on which the freestanding sign is located, except for message substitution, as allowed in Section 17.56.030.
8. No change of lighting intensity may occur during a display or between displays except to respond to a change in ambient lighting conditions.
9. No display shall create a potential distraction to drivers by virtue of the frequency of changes of images (i.e. the time between images expressed in seconds), and the Planning Commission may
City of Hanford Municipal Code Title 17 - Zoning Ordinance 194
impose limitations on the number of images that can be displayed over a specified time period for reasons of traffic safety.
17.56.190 Illumination of signs.
The illumination of signs, from either an internal or external source, must be designed to avoid negative impacts on surrounding rights-of-way and properties. The following standards apply to all illuminated signs:
A. Sign lighting shall not be of an intensity or brightness that will create a nuisance for residential uses in a direct line of sight to the sign. Illuminated signs located adjacent to any residential area shall be controlled by a rheostat or other acceptable method to reduce glare.
B. Internally illuminated signs shall be designed with an opaque, semi-opaque, or matte finish background on the sign face.
C. Light sources for externally illuminated signs shall meet the following standards:
1. Light sources shall be so arranged and maintained so that the light source is not directly visible from a public right-of-way or adjacent property.
2. Low pressure sodium lighting is the preferred light source to minimize undesirable light into the night sky.
3. High pressure sodium, metal halide, fluorescent, quartz, LED, and incandescent light sources shall be fully shielded.
4. Metal halide and fluorescent light sources shall be filtered. Most glass, acrylic, or translucent enclosures satisfy these filter requirements.
5. Mercury vapor light sources shall be prohibited.
17.56.200 Concealed electrical systems.
External conduits, boxes, and other connections related to the function of a sign and associated lighting shall not be exposed.
17.56.210 [Reserved.]
17.56.220 Master sign program.
A. The purpose of the master sign program provisions is to provide a coordinated and flexible design approach to signage for Hanford’s commercial shopping districts and office parks. A master sign program is required for any site that contains more than three (3) commercial establishments.
B. A master sign program shall be reviewed by the Community Development Director as an administrative use permit. The Planning Commission shall approve a master sign program when it is proposed with a development project that requires a conditional use permit.
C. A master sign program shall not be used to grant of a special privilege nor provide more visibility or exposure than is available to similarly situated properties.
D. Master sign programs shall feature a unified and coordinated approach to the materials, color, size, type, placement and general design of signs proposed for a project or property.
E. Reasonable conditions of approval may be imposed to achieve the purposes of this section and ensure internal sign design consistency on the site.
Commented [TM187]: Does this remain true in the age of LED lighting?
Commented [TM188]: The administrative use permit
provisions have been modified to eliminate discretionary authority, which creates an issue for 17.56.220.B. because master sign program approval would be ministerial in some cases (e.g., administrative use permit) but would require a CUP if the project otherwise requires a CUP. Master sign program approval should be consistently ministerial or discretionary. In other words, if the City elects for master sign program approval to be ministerial, the second sentence of 17.56.220.B. should be deleted.
Commented [TM189]: The authority under 17.56.220.E.
establishes discretionary authority. If the City intends for master sign program approval to be ministerial, objective parameters should be listed rather than stating that “reasonable conditions of approval may be imposed. . . .”
City of Hanford Municipal Code Title 17 - Zoning Ordinance 195
F. After approval of a master sign program, no sign shall be erected, placed, painted, or maintained, except in conformance with such program, and such program shall be enforced in the same way as any provision in this section.
G. The master sign program and all conditions of approval shall be attached to the lease agreements for all leasable space subject to the master sign program.
H. Approval of a master sign program does not waive the permit requirements for individual signs that are subject to the program.
I. The Community Development Director may approve minor amendments to a master sign program that are in substantial conformance with the original approval. All other amendments, including amendments to conditions of approval, shall be processed as a new application.
Proposed amendments shall include written concurrence by the property owner.
17.56.230 Wall mural placement and design criteria.
The purpose of regulating murals is to ensure the continued visual aesthetic of the community, by allowing for compatible artistic and creative expression through murals in appropriate locations and designs. The review criteria seek to establish guidance as to the compatibility and appropriateness of the theme, location and design of murals, with minimal intrusion into artistic expression and/or the substantive, personal or political expressive content of the artwork.
A. Wall Mural Definition. “Wall mural” or “mural” means an art form consisting of paint applied to a wall surface depicting a scene, personal experience or observation. A wall mural is to be public art, not for the purpose of identifying, advertising or drawing attention to a particular business, service or economic activity. For the purpose of regulation, hand painted signs on walls that contain commercial speech are considered signs and are not considered murals. Wall painting that has not been approved through a mural permit is considered graffiti.
B. Maximum Number of Murals per Site. One mural per structure. In unique circumstances, whereby the design of the mural(s) and structure are enhanced by additional murals, more than one (1) mural per structure may be approved.
C. No Advertising. Words and/or images may not be incorporated within the mural which specifically identifies or reflects the business, products and/or services provided by any business service or economic activity.
D. Placement. Wall murals must be painted directly onto an exterior wall surface. Wall murals may not be prefabricated and thereafter mounted onto a building. Wall murals may occupy an entire single wall on which the mural is applied. The wall mural must be architecturally incorporated into the building so that it does not appear to be a sign attached to the building or have the appearance that the structure is ancillary to the mural. The wall mural may not be mounted on the building roof or extend above the cornice of a flat roof or above the roof eave of a gable or mansard roof. A mural may not be painted onto an unpainted historic surface, such as brick.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 196
E. Timing. A wall mural must be completed within ninety (90) days after the date painting commences. The final anti-graffiti protective clear-coat must be applied within this ninety (90) day period. Time extensions may be granted by the Community Development Director in thirty (30) day increments up to a maximum of sixty (60) days upon a showing of good cause.
F. Lighting. Wall murals shall not be illuminated unless such lighting is incidentally and indirectly illuminated from surrounding street and building lighting.
G. Ownership/Maintenance. Maintenance of the wall mural is the responsibility of the property owner. It shall be the property owner’s responsibility to remove the wall mural if it is not maintained as required. Proper maintenance shall include periodic painting so that the wall mural does not exhibit chipping, peeling or fading and other required maintenance as identified in conditions of approval issued by the Community Development Director. Wall murals not maintained at all times as required shall be deemed a nuisance. In addition to its other remedies, the City shall have the right to require removal of the wall mural and if the wall mural is not removed within the time period designated by the City, the City shall have the right to remove the wall mural at the property owner’s expense.
H. Application and Permitting Process. No person shall paint a wall mural on the exterior of any structure or change any existing mural on the exterior of any structure prior to the issuance of a wall mural permit issued by the City Council. An application for a wall mural permit shall be submitted on the form prescribed by the Community Development Director and shall include a colored detailed drawing or sketch of the mural plus any other information as prescribed on the application form. The application must be made by the owner of the structure or include the written consent of the owner of the structure consenting to the painting of the wall mural on the structure consistent with the mural identified in the application. Applications for wall murals located within the Central Parking and Business Improvement District will be submitted to the Main Street Hanford Design Review Committee for a recommendation.
I. Design Criteria. An application for a wall mural permit must satisfy the following criteria:
1. The subject matter of the wall mural shall be of historical significance regarding the growth and development of the City of Hanford and its surrounding environs. Wall murals can also include buildings, land or seascapes, crop or farm animal depictions or mechanical history depictions.
2. The colors used in the wall mural shall be complimentary and harmonious with exterior colors of the structure and consistent with historical color pallet. Fluorescent colors are not in keeping with the historical color pallet.
3. The paint and/or materials to be used and applied on the structure shall be appropriate for use in an outdoor locale for an artistic rendition and shall be of a permanent or long lasting variety.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 197
4. The proposed wall mural shall exhibit exceptional design quality and incorporate high quality materials that enhance the overall development and appearance of the site.
5. The proposed wall mural shall be well integrated with the buildings and other elements of the property and be harmonious with surrounding historic character.
6. The proposed wall mural, by its design, construction and location, shall not have a substantial adverse effect on abutting property or the permitted use thereof, and will contribute to the City’s unique character and quality of life.
7. The wall mural shall be designed and painted by, or supervised by, someone with sufficient knowledge in the design of such projects and the application of paints for such projects.
8. Have a plan for painting the mural that ensures the safety of painters and the public, and that does not impede public access. In the event that the safety plan submitted is not being adhered to, and the City has identified a safety risk to either the artist and/or the public, the City has the right to stop work until such time that safety issues or concerns are addressed by the artist.
9. To the extent feasible, the mural shall be vandal and graffiti resistant by using an approved graffiti/UV coating.
J. Conditions of Approval. The City Council shall identify conditions of approval to the issuance of a wall mural permit.
K. Hold Harmless. As a condition of approval of any wall mural permit, the applicant, the owner of the structure and the artist shall agree pursuant to language prepared by the City to indemnify, defend, and hold the City of Hanford its officials, officers, employees and agents harmless from and against any and all damages or liabilities of whatever nature arising out of or in connection with the wall mural. (Ord. 20-04 § 5, 2020; Ord. 17-04, 2017) A. Wall Mural Definition. “Wall mural” or “mural” means an art form consisting of paint applied to a wall surface depicting a scene, personal experience or observation. A wall mural is to be public art, not for the purpose of identifying, advertising or drawing attention to a particular business, service or economic activity.
B. Maximum Number of Murals per Site. One mural per structure. In unique circumstances, whereby the design of the mural(s) and structure are enhanced by additional murals, more than one mural per structure may be approved.
C. No Advertising. Words and/or images may not be incorporated within the mural which specifically identifies or reflects the business, products and/or services provided by any business service or economic activity.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 198
D. Placement. Wall murals must be painted directly onto an exterior wall surface. Wall murals may not be prefabricated and thereafter mounted onto a building. Wall murals may occupy an entire single wall on which the mural is applied. The wall mural must be architecturally incorporated into the building so that it does not appear to be a sign attached to the building or have the appearance that the structure is ancillary to the mural. The wall mural may not be mounted on the building roof or extend above the cornice of a flat roof or above the roof eave of a gable or mansard roof.
E. Timing. A wall mural must be completed within ninety (90) days after the date painting commences. The final anti-graffiti protective clear-coat must be applied within this (ninety) 90- day period. Time extensions may be granted by the Community Development Director in thirty (30) day increments up to a maximum of sixty (60) days upon a showing of good cause.
F. Lighting. Wall murals shall not be illuminated unless such lighting is incidentally and indirectly illuminated from surrounding street and building lighting.
G. Ownership/Maintenance. Maintenance of the wall mural is the responsibility of the property owner. It shall be the property owner’s responsibility to remove the wall mural if it is not maintained as required. Proper maintenance shall include periodic painting so that the wall mural does not exhibit chipping, pealing or fading and other required maintenance as identified in conditions of approval issued by the Community Development Director. Wall murals not maintained at all times as required shall be deemed a nuisance. In addition to its other remedies, the city shall have the right to require removal of the wall mural and if the wall mural is not removed within the time period designated by the City, the City shall have the right to remove the wall mural at the property owner’s expense.
H. Application and Permitting Process. No person shall paint a wall mural on the exterior of any structure or change any existing mural on the exterior of any structure prior to the issuance of a wall mural permit issued by the City Council. An application for a wall mural permit shall be submitted on the form prescribed by the Community Development Director and shall include a colored detailed drawing or sketch of the mural plus any other information as prescribed on the application form. The application must be made by the owner of the structure or include the written consent of the owner of the structure consenting to the painting of the wall mural on the structure consistent with the mural identified in the application. Applications for wall murals located within the Central Parking and Business Improvement District will be submitted to the Main Street Hanford Design Review Committee for a recommendation.
I. Design Criteria. An application for a wall mural permit must satisfy the following criteria:
1. The subject matter of the wall mural shall be of historical significance regarding the growth and development of the city of Hanford and its surrounding environs. Wall murals can also include buildings, land or seascapes, crop or farm animal depictions or mechanical history depictions.
2. The colors used in the wall mural shall be complimentary and harmonious with exterior colors of the structure and consistent with historical color pallet. Fluorescent colors are not in keeping with the historical color pallet.
3. The paint and/or materials to be used and applied on the structure shall be appropriate for use in an outdoor locale for an artistic rendition and shall be of a permanent or long lasting variety.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 199
4. The proposed wall mural shall exhibit exceptional design quality and incorporate high quality materials that enhance the overall development and appearance of the site.
5. The proposed wall mural shall be well integrated with the buildings and other elements of the property and be harmonious with surrounding historic character.
6. The proposed wall mural, by its design, construction and location, shall not have a substantial adverse effect on abutting property or the permitted use thereof, and will contribute to the city’s unique character and quality of life.
7. The wall mural shall be designed and painted by, or supervised by, someone with sufficient knowledge in the design of such projects and the application of paints for such projects.
8. To the extent feasible, the mural shall be vandal and graffiti resistant.
J. Conditions of Approval. The City Council shall identify conditions of approval to the issuance of a wall mural permit.
K. Hold Harmless. As a condition of approval of any wall mural permit, the applicant, the owner of the structure and the artist shall agree pursuant to language prepared by the City to indemnify, defend, and hold the City of Hanford its officials, officers, employees and agents harmless from and against any and all damages or liabilities of whatever nature arising out of or in connection with the wall mural.
17.56.240 Variances and minor deviations.
A variance or a minor deviation to the standards in this chapter may be granted in accordance with Chapter 17.70 and Chapter 17.84.
17.56.250 Nonconforming signs.
A sign or outdoor advertising display of any character lawfully occupying a site prior to the adoption of this zoning code or on the effective date of applicable amendments to the zoning code which as a result of the adoption or amendment to the zoning code does not conform with the standards for subject matter, location, size, lighting or movement prescribed for the district in which it is located, shall be deemed to be a nonconforming sign or outdoor advertising structure and may be displayed and maintained in said district, except as otherwise provided in this section.
17.56.260 Maintenance of signs.
A. All signs and associated supporting structures shall be maintained in like-new condition, without rips, tears, fading and similar damage that inevitably occurs as a result of normal wear and aging.
B. All signs shall be reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute a nuisance.
C. Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, ripped, torn, faded, or other deteriorating or dilapidated condition shall be promptly repaired, to the satisfaction of the City, or removed.
D. Graffiti on a sign shall be removed within two (2) days of notice of its placement on such sign.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 200
17.56.270 Hazardous signs.
Whenever any sign, by virtue of its physical nature and condition, poses an immediate and serious threat to the public safety, the same may be removed by City personnel, or its physical deficiency cured, to the extent necessary to protect the public safety. The cost of such removal or repair shall be assessed against the sign owner.
17.56.280 Abandoned or obsolete signs.
An on-premise sign advertising an activity, business, service or product must be removed within ninety (90) days following the actual discontinuance of the activity, business, service or product.
If the sign is not so removed, the Community Development Director may have the sign removed in accordance with the public nuisance abatement provisions of this title. A sign structure is not required to be removed, however, the sign face shall be removed or replaced with a blank face or other sign face consistent with this chapter.
17.56.290 Illegal signs.
Any sign, banner, or sign structure not erected, constructed or located in conformance with this chapter and not classified as a legal nonconforming sign is an illegal sign and is subject to abatement in accordance with the public nuisance abatement procedures of Chapter 17.94.
17.56.300 Enforcement.
Signs which do not conform to the provisions of this chapter and are erected after its effective date and signs erected after the effective date of this chapter without obtaining a permit that is required are declared to be unlawful and a public nuisance. All signs declared to be unlawful by this chapter and all persons erecting or maintaining them shall be subject to the provisions of Chapter 17.94.
The Community Development Director shall take necessary actions or proceedings for the abatement, removal and enjoinment pursuant to Chapter 17.94. The remedies provided for in this section are cumulative and nonexclusive.
17.56.310 Definitions.
As used in this chapter, the following terms are defined in this section. The images are intended to illustrate some of the sign types that are defined in this section. “A-Frame sign” means a sign made of wood, plastic or other lightweight and rigid material having the capability to stand on its own support(s) and being portable and movable. "Animated sign" means a sign with action or motion, whether by flashing lights, color changes, wind, rotation, movement of any parts of the sign or letters or parts of the sign structure, or other motion.
"Awning" means a shelter supported entirely from the exterior wall of a building and composed of a collapsible frame covered completely with nonrigid material. "Banner" means any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be visible from the exterior of a building, or structure. This definition includes a pennant, flag, or bunting. “Billboard” means a sign which directs attention to a business, community service or entertainment not exclusively related to the premises where such sign is located.
Commented [TM190]: What about non-collapsible frames?
Can’t an awning be attached to a building and have a fixed frame?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 201
"Business premises" means a specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific business identity and location.
“Can or cabinet sign” means a sign that contains all the text and/or logo symbols within a single enclosed box-shaped cabinet where the translucent face of the sign can be interchanged to change the sign message without having to remodel the cabinet. It is mounted to a wall or other surface and illuminated from within the cabinet.
"Changeable copy" refers to the display of a message that can change by means of moveable letters, slats, lights, light emitting diodes, or moveable background material. "Erect" means and includes erect, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, maintain and display.
"Externally illuminated sign" means a sign which has light cast on its surface from an artificial exterior source installed for the purpose of illuminating the sign. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole. "Freestanding sign" means a sign which is permanently supported on the ground by one or more uprights, braces, poles, or other similar structural components that are not attached to any building.
This category includes both monument and pole signs.
"Frontage, building" means the distance between the two most distant corners of a building measured in a straight line along the building face.
"Frontage, street" means the distance between the two most distant corners of a site along a single street measured in a line along the street curb, including drive approaches, but excluding curb returns at street intersections.
"Height" means the distance measured vertically from grade to the highest point or portion of the object to be measured.
"Internally illuminated sign" means any sign whose illumination originates from within the structure of the sign and the source of which is not visible from the exterior of the sign. "Install" or "installation" means the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. "Message" means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono-color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. "Monument sign" means a low-profile freestanding sign supported by a structural base or other solid structural features other than support poles and may contain signage on more than one side. "Mural" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 202
"Off-site" or "off-site sign" refers to a sign or banner that promotes or advertises goods, services or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other. "On-site" or "on-site sign" refers to a sign or banner that promotes or advertises goods, services, or activity located or offered on the business premises or parcel of property where the sign is located.
"Outdoors" means a location on undeveloped property or to the exterior of a building or structure. "Outdoor advertising" refers to the placement of a message on signs or banners located outdoors, or located indoors in a manner such that the message is visible from the exterior of a building or structure.
"Outdoor advertising structure" means a structure erected or maintained for the main purpose displaying commercial outdoor advertising, and located on a site other than the site on which the advertised commercial use is located or on which the advertised commercial product is produced. “Painted Sign” refers to a sign that comprises only paint applied on a building or structure. "Parapet wall" means an exterior wall which extends vertically above the roof line. "Parcels" or "property" or similar references or descriptions shall refer to a parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest recorded map in the Kings County recorder's officeparcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined in the Glossary of this Code.
"Pedestrian access" means a doorway which has been designed for the primary use of the patrons or customers of that particular use.
"Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non-moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also "temporary sign." "Placed" includes constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing, or making visible in any manner whatsoever. "Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components. "Roof line" means the highest point of a parapet wall or the main roof structure or a highest point of a parapet wall other than such architectural features as cupolas, pylons, projections or raised portions of the roof.
“Rooftop or roof-mounted sign” means a sign that extends above the ridgeline of the roof of a building or a sign attached to any portion of the roof of a building. Rooftop or roof-mounted signs are not allowed.
"Sign" means any letter or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever placed for advertising, identification or other similar purposes on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever.
Commented [TM191]: Copied and pasted from 17.98.020.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 203
"Sign area" means the geometric area of a sign including all elements such as board or frames, perforated or a solid background, ornamental embellishments, arrows or other sign media. For the purposes of a freestanding sign the structural elements necessary to support the sign are included in the sign area.
"Sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign face and/or its structure with the purpose of attracting attention to the subject matter.
"Sign face" means the panel surface of a sign which carries the advertising, information, or identification message.
"Sign structure" means any structure which supports or is capable of supporting any sign. A sign structure may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign including the sign copy and all structural elements of the sign.
"Structural alteration" means any change to the sign structure. "Temporary sign" means a sign that is easily moveable and which is not attached to a building, structure, or the ground in such a manner as to be rendered a permanent sign.
17.56.320 Illustrations of signs.
The following illustrations may be used to visualize the various types of signs regulated in this chapter. This section shall not have any regulatory effect.
Building Sign
City of Hanford Municipal Code Title 17 - Zoning Ordinance 204
Building Sign Projecting over-Right
of-Way
Monument Sign (Freestanding Sign)
Hanging Sign
Permanent Sign Affixed to Window
Permanent Sign Affixed to Awning
Pylon Sign (Freestanding Sign)
City of Hanford Municipal Code Title 17 - Zoning Ordinance 205
City of Hanford Municipal Code Title 17 - Zoning Ordinance 206
Chapter 17.60
SPECIFIC LAND USE STANDARDS
Sections:
17.60.010 Purpose.
17.60.020 Applicability.
17.60.030 Accessory dwelling units.
17.60.040 Bed and breakfast inns.
17.60.050 Cottage food operations.
17.60.060 Day care centers.
17.60.070 Drive-thru pick-up windows.
17.60.080 Garage or yard sales.
17.60.090 Manufactured housing.
17.60.095 Mini-warehouses or self-storage facilities.
17.60.100 Mobilehome parks.
17.60.110 Outdoor dining areas.
17.60.120 Outdoor storage areas.
17.60.130 [Reserved]
17.60.140 Sale of new and used automobiles and trucks.
17.60.150 Vending machines.
17.60.010 Purpose.
This section requires certain development and operational standards for specific land uses within the city to preserve, protect and promote the public health and safety and to promote orderly growth and aesthetically pleasing urban development.
17.60.020 Applicability.
Specific land uses covered by this chapter shall conform with the provisions of the section(s) applicable to the specific use, in addition to other applicable provisions of this title, including the standards of the zone district where the use is located.
17.60.030 Accessory dwelling units.
This chapter provides standards for accessory dwelling units located on the same site as an existing single-family residence located in either the RL-5, RL-12, RL-20, or OR zone district. All accessory dwelling units shall meet the following standards:
Commented [TM192]: The provisions of the pending ADU
ordinance need to be inserted.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 207
A. Floor Area. An accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet of floor area if separated from the existing single-family dwelling. If attached to the existing single-family residence, the floor area of the second unit shall not exceed fifty (50) percent of the existing living area of the existing single-family dwelling. A manufactured home shall not be less than eight (8) feet wide by forty (40) feet long and three hundred twenty (320) square feet in floor area. An efficiency unit shall not be less than one hundred (150) square feet in floor area and meet all space and occupancy standards of Chapter 5 of the Uniform Housing Code.
B. Location. An accessory dwelling unit shall be located either to the side or to the rear of the existing single-family residence and shall be either attached to the existing single-family dwelling or be separated from the existing single-family detached residence by not less than ten (10) feet or the separation as allowed by the Uniform Building Code, whichever is less.
C. Access. Doorway access shall be provided either to the side or rear of the accessory dwelling unit. Direct doorway access to the front yard by the second unit shall be prohibited.
E. Owner Occupancy. Either the existing single-family detached residence or the accessory dwelling unit shall be occupied by the owner of the property.
F. Off-Street Parking. A minimum one (1) additional off-street parking space shall be provided for the accessory dwelling unit. The additional parking space may be a paved tandem space on an existing driveway. The additional parking space shall be waived if in any of the following instances:
1. The accessory dwelling unit is located within one-half (0.5) miles of public transit.
2. The accessory dwelling unit is located within an architecturally and historically significant historic district.
3. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5. When there is a car share vehicle located within one block of the accessory dwelling unit.
G. Utility Services. Accessory dwelling units shall be provided with water, sewer and other utilities as determined by the building official.
H. Architectural Appearance. An accessory dwelling unit shall be designed and constructed so as to blend with the single-family dwelling and be architecturally similar in appearance in order to be consistent with the existing single-family dwelling’s design, construction, height, roofing, siding materials, and color.
J. Except as specifically set forth in this section, an accessory dwelling unit regulated pursuant to this chapter shall meet all of the requirements of the zone district in which the accessory dwelling unit is located including, without limitation, requirements regarding fences, walls and hedges; site area, frontage width, and depth of sites; coverage; yard requirements; height of structures; distances between structures; signs; and general provisions and exceptions.
K. An application for an accessory dwelling unit shall not be denied solely based on any maximum density requirement or standard.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 208
17.60.040 Bed and breakfast inns.
A. Bed and breakfast inns shall be limited to a maximum six (6) rooms for rent per site. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than fourteen (14) consecutive nights;
B. Food service at bed and breakfast inns shall be allowed for registered guests only, unless the use also qualifies as a restaurant.
C. The scale and appearance of the bed and breakfast inn shall remain primarily residential in character. All buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences.
17.60.050 Cottage food operations.
A. Cottage foods operations operating in accordance with AB1616 shall be considered a home occupation and shall obtain a home occupation permit in accordance with Chapter 17.78 prior to commencement of the use.
B. Notwithstanding the provisions of Chapter 17.78, a cottage food operation is allowed to employ one full-time equivalent employee on site.
C. Notwithstanding the provisions of Chapter 17.78, a cottage food operation may sell food produced on-site directly to consumers at the site.
D. A cottage food operation shall be conducted in the residence's existing kitchen.
E. An approved home occupation permit shall not be effective until the appropriate permit is obtained from the Kings County Health Department and shall automatically expire and be null and void if County permit or approval expires, is disapproved, or is revoked.
17.60.060 Day care centers.
A. A loading and unloading area shall be provided to accommodate no less than two (2) vehicles.
B. The loading and unloading area shall be located within proximity to the main entrance. And shall not be located on the opposite side of a street from the day care center.
17.60.070 Drive-thru pick-up windows.
A. All uses with a drive-thru pick-up window shall meet the following standards:
1. Drive-thru lanes shall be located outside of all building setback areas and all required landscaped areas.
2. Drive-thru lanes shall be designed, located, and constructed in a manner that avoids trapping vehicle emissions in a confined space.
3. Drive-thru lanes shall be located a minimum of fifty (50) feet from existing residential uses and from residential zone districts and must be separated from residential areas by buildings, extensively landscaped areas, or decorative block walls.
4. Drive-thru lanes shall be constructed with the necessary vehicle stacking capacity so that vehicles using the drive-thru lane do not overflow into the on-site parking aisles or public streets.
5. Drive-thru lanes shall be shielded in a manner approved by the city to eliminate vehicle headlight glare into adjoining land and on-coming traffic approaching the drive-thru site property.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 209
6. The installation of a drive-thru pick-up window and associated improvements shall not reduce the number of required parking spaces below the minimum zoning requirement for parking upon the drive-thru site property.
7. Drive-thru lanes shall not be located adjacent to outdoor patio or eating areas.
8. Drive-thru lanes shall not block or interfere with access to parking lot spaces, and shall function independent of parking lots aisles.
9. Drive-thru lanes shall not extend onto adjoining property unless the owner of the drive-thru site property obtains a written easement or other irrevocable right from the adjoining landowner to construct improvements upon and use the adjoining property for the drive-thru use including, without limitations, the stacking of vehicles and the right to maintain, repair, replace and remove such improvements. The written document shall be executed by the owner of the drive-thru site property and the owner of the adjoining property and recorded against title to the adjoining property prior to commencement of construction of improvements upon the drive-thru site property.
10. A use with a single drive-thru lane shall accommodate a minimum of six (6) vehicle stacking spaces per lane with a minimum of four (4) stacking spaces before the ordering speaker and two (2) stacking spaces after the ordering speaker. Each vehicle stacking space in a drive-thru lane shall be a minimum of twenty (20) feet in length.
11. A use with drive-thru lanes on each side of the store (two (2) lanes) shall accommodate a minimum of four (4) vehicle stacking spaces per lane with a minimum of two (2) stacking spaces before the ordering speaker and two (2) stacking spaces after the ordering speaker in each drive- thru lane. Each vehicle stacking space in a drive-thru lane shall be a minimum of twenty (20) feet in length.
12. Speaker noise levels measured at the property line shall not exceed applicable city noise standards.
A. In addition to the development standards for all uses with drive-thru pick-up windows uses, a restaurant with a drive-thru pick-up window shall be located on a parcel at least one-half acre in size or in a group of adjoining parcels with reciprocal access easements that collectively are equal to or greater than one-half (0.5) acre in size.
B. In addition to the development standards for all uses with drive-thru pick-up windows and the development standards for restaurants with drive-thru pick-up windows, the following development standards are required for all uses with drive-thru pick-up windows in the Neighborhood Commercial zone district:
1. Unless otherwise restricted by a conditional use permit issued in accordance with Chapter
17.80, hours of operation of the drive-thru use shall be limited to 6:30 a.m. and 10:00 p.m. on weekdays and weekends.
2. All buildings and drive-thru lanes shall be located a minimum of one hundred fifty (150) feet from residentially zoned property or property designated for residential uses pursuant to the General Plan.
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17.60.080 Garage or yard sales.
A. The sale of personal possessions in outdoor areas or from the garage of a dwelling within an R-L, R-M, R-H, or OR zone district shall be limited to no more than two such sales per year.
Commonly referred to as garage sales, such each sale shall be limited to two consecutive days and unsold possessions shall be removed from the public view and stored within the premises.
B. Materials to be sold shall be personal possessions. No materials shall be offered for sale that have been acquired solely for the purposes of the garage sale.
C. The driveway, yard, or other space used for the purposes of the sale shall be restored to its normal residential character at the conclusion of the sale, including removal of all signs.
17.60.090 Manufactured housing.
The provisions of this section shall apply to all manufactured homes not located in an approved mobile home park:
A. No manufactured home shall be installed that was manufactured more than ten (10) years from the date of application for a building permit for installation.
B. All manufactured homes shall meet the following site or architectural standards:
1. Garages and Carports. A minimum of a one-car garage or carport shall be provided for every manufactured house. The parking requirements of Chapter 17.54 shall also apply.
2. Minimum Width and Floor Area. The width and floor area of a manufactured housing unit shall be the average of other residences in the zone district in which it is located.
3. Roof Overhangs. All manufactured housing units and garages shall have a pitched roof with a minimum sixteen (16) inch roof overhang on each of the perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.
4. Roofing Materials. All manufactured housing units and garages and carports located on the lot shall have a roof constituted of asphalt composition, clay, tile, concrete or metal tile or panels, slate or built-up asphaltic-gravel materials.
5. Siding Materials. All manufactured housing units and garages located on the lot shall have similar exterior siding materials consisting of wood, masonry, concrete, stucco, Masonite, or metal lap. The exterior siding material shall extend to the ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.
6. Foundations. All manufactured housing units and garages and carports shall be placed on a permanent foundation which meets the applicable building code requirements and/or the provisions of Section 18551 of the State Health and Safety Code such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.
7. Utility connections. The mobile home electrical, gas, water and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valves, meters and regulators shall not be located beneath the manufactured homes.
8. Deviations. The community development department may approve deviations from one or more of the standards of this subsection on the basis of a finding that the architectural style Commented [TM193]: Manufactured homes are ADUs for
purposes of state law, and it is question whether the age restriction of subsection A. is enforceable.
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proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.
C. Surrender of Registration. Subsequent to applying for a building permit, and prior to the occupancy of a mobilehome or manufactured home on a permanent foundation, a certification of occupancy is to be issued by the building official pursuant to Section 18551 of the State Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership, and certificate of registration issued by a state agency shall be surrendered back to the issuing state agency. Any mobile/manufactured home on a permanent foundation shall bear a state insignia or federal label pursuant to Section 18550 of the State Health and Safety Code.
17.60.095 Mini-warehouses or self-storage facilities.
A mini-warehouse or self-storage facility in the R-L-5 zone shall only be located on a parcel that has frontage on and adequate main access to an arterial or collector street.
17.60.100 Mobilehome parks.
A. With the exception of a mobilehome utilized as an accessory dwelling unit that satisfies the requirements of Section 17.60.090 above, Nno mobilehome shall be parked, occupied or used for any purposes, including without limitation living or sleeping purposes, unless the mobilehome is located within a licensed mobilehome park, except that a mobilehome may be used for the following temporary purposes outside of a mobilehome park: as an office for a construction project, circus or carnival; as a residence of a watchman on the site of a construction project or an industrial facility to provide temporary living quarters for personnel in accordance with the provisions of Chapter 17.76.
B. The site area standards for a mobilehome park shall be as follows:
1. The minimum area of a mobilehome park shall be five (5) acres. If the area of the mobilehome park is greater than five (5) acres, the first phase of mobilehome park development shall not be less than five (5) acres and shall include all required recreational and service amenities.
2. The maximum density shall be eight (8) mobilehome sites per gross acre.
3. Each mobilehome site shall be not less than three thousand (3,000) square feet in area, including pad, parking, private access, landscaping and private storage area.
4. No mobilehome site shall be less than thirty (30) feet in width.
B. The following clearance and setback area requirements shall apply to mobilehome parks. No mobilehome shall be located in any required building setback area, except that tow bars may extend into such setback area.
1. The front and rear building setback areas for the site shall be a minimum of twenty (20) feet.
2. The side building setback areas for the site shall be a minimum of ten (10) feet.
3. The front, rear, and interior side setback areas for a mobilehome site shall be a minimum of ten (10) feet.
4. The street side setback areas (including driveways interior to the site) for a mobilehome site shall be a minimum of five (5) feet.
C. The following requirements for patios and pads shall apply to mobilehome parks.
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1. Each mobilehome site shall have a hard-surfaced patio area of not less than two hundred (200) square feet. A permanent porch greater than twenty (20) square feet in area may be counted as a part of the required patio area.
2. Each mobilehome site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base which, in combination, are adequate to support the mobilehome on a level plane.
D. The following requirements for parking shall apply to mobilehome parks.
1. Not less than two (2) off-street paved parking spaces shall be provided within each mobilehome site, one of which may be tandem to the other.
2. Not less than one (1) guest parking space shall be provided for each mobilehome site at a location central to each four (4) contiguous mobilehome sites; provided, however, guest parking shall not be required for mobilehome sites along a mobilehome park collector street constructed to the width prescribed in subsection E of this section.
3. Parking shall be provided for central recreation buildings, park offices, and other similar buildings at a ratio of one parking space for each four hundred (400) square feet of gross floor space.
4. Supplemental parking for pleasure boats, recreation vehicles, and unoccupied travel trailers shall be provided at a ratio of one parking space for each ten (10) mobilehome sites and shall be used only by the mobilehome park tenants. Such parking shall be clustered, easily accessible via interior drives, and shall be screened from view by means of a solid ornamental fence or wall and landscaping.
5. All parking areas and spaces shall be designed and constructed in accordance with the provisions of Chapter 17.54.
E. The following requirements for on-site streets shall apply to mobilehome parks.
1. Entrance streets shall be located to assure safe access to and from the public street system.
2. Minor streets within the mobilehome park shall be a minimum of thirty-two (32) feet of paved width, and collector streets shall be a minimum of forty (40) feet of paved width. Construction and paving of the streets shall be in accordance with city standards.
3. Drainage along the street shall be constructed to provide adequate drainage. Construction of concrete curbs, gutters, and sidewalks shall be in accordance with city standards.
4. Parallel parking shall be permitted on both sides of collector streets and on only one side of a minor street. Such on-street parking shall be in addition to the off-street parking requirements of this chapter.
F. Driveways for individual mobilehome sites, street signs, interior street lighting, storm drainage facilities, and water and sewer systems shall be installed subject to the approval of the City Engineer and in accordance with city standards.
G. All public utilities shall be installed underground, including electrical, telephone, street lighting cable, community television antenna connections, and ducts for cable television. A community television antenna and cable television with underground ducts and connections to each mobilehome site shall be provided.
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H. The following requirements for recreation areas and pedestrian ways shall apply to mobilehome parks.
1. Common recreation areas in an aggregate total equal to ten (10) percent of the gross area of the mobilehome park shall be provided at a location or locations which are easily accessible and convenient to park residents. The calculation of the common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas, and parking areas.
2. Recreation areas shall be landscaped and maintained with all landscaped areas irrigated by an automatic underground sprinkler system.
3. Pedestrian walkways shall be provided throughout the mobilehome park connecting all mobilehome sites with each other and with common recreation areas. Such pedestrian walkways shall be provided where possible at locations away from the interior street system to avoid conflicts in pedestrian and vehicle traffic.
4. Common recreation areas may include parks and open space, playgrounds, clubhouses, community centers, and similar recreational uses.
I. Mobilehome parks shall provide permanently maintained landscaped areas and site screening as follows:
1. A landscaped border along the front setback area and along the rear setback area if it is adjacent to a public street;
2. An ornamental wall or fencing, seven (7) feet in height along all interior side property lines and along all rear property lines that do not abut a public street; and
3. An ornamental screen wall or fencing seven (7) feet in height along the street side yard and street front yard setback lines.
J. Each mobilehome park shall provide the following additional facilities:
1. A laundry building for clothes washing and drying;
2. Trash enclosures at locations along the interior street system and integrated with the guest parking areas and which are convenient for all residents and for access by municipal refuse trucks.
K. At the time of the placement on the site, all mobilehomes shall be fitted with appropriate skirts to obscure stands, pads and undercarriage equipment.
L. Mobilehomes may be displayed and sold within a mobilehome park similar to the sale of model homes within a residential subdivision, provided such mobilehomes are not sold for delivery to any location other than within the park in which sold and are at all times placed on mobilehome sites and connected to all utility services. No more than four (4) mobilehomes shall be offered for sale at any one time by a single owner, and advertising for such sales shall be limited to one non- illuminated sign not exceeding four (4) square feet in area on the site of each mobilehome offered for sale.
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17.60.110 Outdoor dining areas.
A. The purpose of this section is to promote increased business and pedestrian traffic by providing safe and visually appealing opportunities to create outdoor dining areas in certain commercial zone districts.
B. The following definitions shall apply to this section:
1. “Outdoor dining area” means the use of portions of public sidewalks, public rights-of-way and sidewalk areas within a shopping center as identified in this chapter and/or on-site open space used by a dining establishment or drinking establishment for the serving and consumption of food and/or beverages. Pass through window and sidewalk counter service is also allowed when an outdoor dining area is provided pursuant to this section.
2. “Dining establishment” means a structure whose principal use is the serving of food to the general public, including, without limitation, a restaurant, candy shop, ice cream shop, bakery, sandwich shop, coffee shopw/house, delicatessen, pizza parlor, hotdog/hamburger/taco/salad bar stand and the like and where the sale of any alcoholic beverage is an accessory use.
3. “Drinking establishment” means a structure whose primary use is the serving of alcoholic beverages to the general public and the serving of food is an accessory use.
C. Where Permissible. All outdoor dining areas must be located and operated adjacent to and incidental to the operation of a dining establishment or drinking establishment. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of a dining establishment and must not encroach upon adjacent sidewalk or public right-of-way. Subject to the provisions of this section on-site open space areas may also be used as an outdoor dining area.
D. Required Sidewalk Width. Use of the sidewalk area for an outdoor dining area is permitted only where the sidewalk is wide enough to allow for a minimum of four (4) consecutive feet of sidewalk width at every point in front of the dining establishment which is clear and unimpeded for pedestrian and wheelchair traffic. Such clearance requirement shall be in addition to any applicable federal or state accessibility mandates.
E. Alcoholic Beverages. The service of alcoholic beverages and its consumption by customers in an outdoor dining area shall be restricted as follows:
1. The outdoor dining area must be immediately adjacent to and abutting the dining establishment or drinking establishment.
2. The outdoor dining area, when serving alcohol and when permitted by this section to be located on a sidewalk, must be clearly delineated from pedestrian traffic with a minimum thirty (30) inch to a maximum thirty-six (36) inch tall removable open style railing, fence or roped boundary or plants and flowers in ornamental planter boxes and pots that are architecturally compatible with the structure housing the dining establishment.
3. The operator shall post a written notice to customers as approved by the city which states that the drinking or carrying of an alcoholic beverage is prohibited and unlawful outside of the outdoor dining area.
4. The service of the alcoholic beverages in the outdoor dining area must be licensed by the California Department of Alcoholic Beverage Control and comply with all licensing requirements.
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5. For drinking establishments, the service and consumption of alcoholic beverages is restricted to only on-site outdoor areas enclosed by a six (6) foot tall solid wall or fence architecturally compatible with the structure housing the drinking establishment.
F. Health Standards. Prior to serving any food or beverage in an outdoor dining area, the outdoor dining area must be inspected and approved by the Kings County Health Department. All exterior surfaces within the outdoor dining area shall be kept clean at all times. Restrooms shall be provided in the adjoining dining establishment or drinking establishment. The operator shall maintain the outdoor dining area, including without limitation, the sidewalk surface and furniture and adjacent areas, in a clean and safe condition at all times.
G. Hours of Operation. Hours of operation for outdoor dining areas are to coincide with those of the dining establishment, or drinking establishment, or the hours of operation set by the Alcohol Beverage Control license if alcohol is served, whichever is more restrictive.
H. Special Closures. The city shall have the right at any time, and from time to time to prohibit the use of the public sidewalk and public right-of-way as an outdoor dining area. Such problems and conflictsclosure may arise from, but are not limited to, scheduled festivals and similar events, parades, marches, repairs to the street or sidewalk, or from emergencies occurring in the area, or for public health and/or safety reasons.
I. Permit Issuance, Findings, and Conditions. In order to operate an outdoor dining area, a person must obtain an outdoor dining area permit issued by the Community Development Director. The application for an outdoor dining permit shall be processed as an administrative use permit as provided in Chapter 17.74. The application for the outdoor dining permit shall be accompanied by a filing fee established by the city and an accurate drawing showing the configuration of the outdoor dining area, including without limitation, table placement and the method of separating the outdoor dining area from pedestrian traffic. The following conditions must be satisfied before an outdoor dining permit can be issued:
1. The proposed operation of the outdoor dining area satisfies all of the applicable provisions of this section.
2. An outdoor dining area located on a public sidewalk or public right-of-way shall have the same floor elevation as the sidewalk or right-of-way area.
3. No signage is allowed in the outdoor dining area except for one menu display sign no larger than four (4) square feet per face. Signs with more than two (2) faces are prohibited. Only plain unmarked umbrellas may be used in an outdoor dining area. Professionally designed temporary special for the day sign may be permitted up to a total of two (2) square feet in area.
4. The applicant shall execute an indemnity agreement in a form provided by the city pursuant to which the applicant agrees to indemnify, defend and hold the city and its officials, officers, employees and agents harmless from any and all claims, damages, costs, including reasonable attorney fees, and losses arising from, or in any way related to the applicant’s operation of the outdoor dining area.
5. If any portion of the outdoor dining area is located in the public sidewalk or public right-of- way, the applicant shall maintain, at all times during which the outdoor dining permit is in effect, a policy of general comprehensive liability insurance with limits as approved by the city and insuring against injury or death of a person and for claims of property damage resulting from the
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applicant’s use of its outdoor dining area. The city and its officials, officers, employees and agents shall be named as additional insured under such insurance policy, and the applicant shall cause its insurer to waive the right of subrogation with respect to the City and its officials, officers, employees, and agent. The applicant will deliver to the City endorsements to the applicant’s insurance policy as evidence of the satisfaction of these insurance requirements.
6. Such other conditions as the city may deem necessary, including, without limitation, conditions to ensure the public safety, to protect public improvements and provide aesthetic improvements.
7. No merchandise of any kind shall be displayed in the outdoor dining area except as specifically allowed by the outdoor dining permit.
J. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. All outdoor furniture must be of commercial quality to withstand the wear of outdoor use; plastic tables and chairs are not permitted. Umbrellas must be secured with a minimum base of not less than sixty (60) pounds.
K. Term. An outdoor dining permit is personal to the applicant and may not be transferred, assigned or conveyed to any other person. An outdoor dining permit shall terminate on the date the applicant no longer operates the outdoor dining area or discontinues the use of the outdoor dining area for a continuous twelve (12) month period. If a dispute arises as to the date of termination, the decision of the city as to the date of termination shall be final and binding upon the applicant.
L. Violation/Revocation. The Community Development Director shall provide written notice to an applicant of any violation of its outdoor dining permit. Such written notice shall identify the violations of the outdoor dining permit and any provisions of this section. The applicant shall have seven (7) days from the date of such written notice to cure the violations identified in the written notice. If the violations are not cured to the satisfaction of the community development department within said seven (7) day period, the applicant’s outdoor dining permit shall automatically terminate without further action by the city and the applicant shall immediately discontinue use of the outdoor dining area. If the city, in its sole discretion, determines that the continued operation of an outdoor dining area is an immediate threat to the health or safety of any citizen of the city, the community development department may immediately, and without written notice and opportunity to cure, revoke an outdoor dining permit. If an outdoor dining permit is terminated or revoked, the city shall not process an application for an outdoor dining permit for that same manager/owner of the premises for a period of six (6) months from the date of termination or revocation.
M. Appeal Procedures. A decision of the community development department pertaining to the outdoor dining application or permit may be appealed in accordance with the provisions of Chapter
17.70. O. Enforcement. The Community Development Director, Code Enforcement Officer, police department or other person authorized by the City Manager, shall be authorized to enforce provisions of this section and to take such action as may be necessary to ensure compliance with this section.
Commented [TM194]: This provision creates discretionary authority for purposes of CEQA. Objective standards should be listed if the City wishes to avoid the “discretionary” issue.
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17.60.120 Outdoor storage areas.
Outdoor storage of materials or equipment that occupies a volume of more than sixty (60) cubic feet and is visible from any abutting public street or abuts property used for residential purposes, must meet the following standards. This section does not apply to temporary storage, such as storage during construction.
A. Outdoor storage areas shall be enclosed by a view-obscuring fence or wall at least six (6) feet in height. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view-obscuring construction.
B. Materials shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area. This subsection shall not apply to a junk yard, wrecking yard, or salvage facility.
C. No storage shall be permitted in any required front or side yard setbacks adjacent to a public street or highway.
17.60.130 [Reserved]
17.60.140 Sale of new and used automobiles and trucks.
In all zone districts, the off-site sale of new and used automobiles and trucks is prohibited. New and used automobile and truck sales shall be conducted only at the permanent property address listed for the dealership on its Department of Motor Vehicles dealer license.
17.60.150 Vending machines.
The preferred location for vending machines is inside buildings. Vending machines installed outdoors shall meet the following requirements:
A. Outdoor vending machines shall be located along the face of a building or against a structure designed to accommodate them.
B. A minimum walkway of four (4) feet is required in front of all outdoor vending machines.
C. Outdoor vending machine shall not be installed in the public right-of-way or immediately adjacent such that it would cause customers to stand in the right-of-way in order to use the machine.
D. Outdoor vending machines shall be an ancillary use to an approved primary use and may not be located on an unimproved lot.
E. Outdoor vending machines shall not be placed in a location that will block parking areas or create an unsafe situation.
F. Vending machines are permitted to cover up to a maximum of ten (10) percent of the length of the primary building frontage, or twenty (20) feet, whichever is less.
G. Vending machine installations shall not have exposed conduits, piping or overhead utility connections.
H. All outdoor machines shall be maintained in a clean and attractive condition.
I. Any graffiti on an outdoor vending machine shall be removed within twenty-four (24) hours.
J. If the outdoor machine is removed the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.
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Chapter 17.62
ADULT ENTERTAINMENT ESTABLISHMENTS
Sections:
17.62.010 Purpose and intent.
17.62.020 Definitions.
17.62.030 Prohibitions.
17.62.040 Measure of distance.
17.62.050 Development and maintenance standards.
17.62.060 Application.
17.62.070 Other regulations, permits or licenses.
17.62.080 Protection of minors.
17.62.090 Private viewing rooms.
17.62.100 Regulations governing existing adult entertainment establishments.
17.62.010 Purpose and intent.
A. It is the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult entertainment establishments, as defined herein, within the city.
B. It is the intent of this title that these regulations be utilized to prevent secondary effects associated with adult entertainment establishments, including, without limitation, problems of blight and deterioration which accompany and are brought about by the concentration of adult entertainment establishments.
17.62.020 Definitions.
A. It is the purpose of this section to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the regulations and provisions of this chapter in order to assist in the uniform interpretation of said regulations and provisions and to insure uniformity in their application.
B. It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words, terms and phrases:
“Adult bookstore” means an establishment that devotes more than fifteen (15) percent of the total floor area of the premises for the display or sale of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video recordings, slides, video or audio tapes, records, or forms of visual or audio representations
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that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
2. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
“Adult cabaret” means an establishment that regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly features films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
“Adult drive-in theater” means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
“Adult mini-motion picture theater” means an establishment, with a capacity of more than five (5) but less than fifty (50) persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
“Adult model studio” means any establishment open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed so similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This definition does not include any school of art that is operated by an individual, firm, association, partnership, corporation or institution that meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma. “Adult motel” means a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
“Adult motion picture arcade (peep shows)” means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
“Adult motion picture theater” means an establishment, with a capacity of fifty (50) or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or
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similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
“Adult theater” means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified sexual activities or by exposure of specified anatomical areas for observation by patrons. “Body painting studio” means an establishment or business that provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas. “Establishing an adult entertainment business,” as used in this chapter, means and includes any of the following:
1. The opening or commencement of any such business as a new business;
2. The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined in this chapter;
3. The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or
4. The relocation of any such business.
“General bookstore” means an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts, and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore. “General motion picture theater” means a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the plot or story line. “Headshop” means an establishment or place where more than fifteen (15) percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine, and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans, and plastic photograph film vials, roach clips (for holding marijuana cigarettes), books, and magazines extolling the use of narcotics or controlled substances. Such a place is an adult entertainment establishment. This definition does not limit licensed pharmacies in selling and displaying paraphernalia, that is, medicinal equipment prescribed by licensed medical practitioners. “Legitimate or live theater” means a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not
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distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.
“Massage parlor” means an establishment where, for any form of consideration, massage, alcohol tub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state of California. This definition does not include an athletic club, health club, pool, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. “Private viewing room” means an area separated from the sales or display area of the establishment by a curtain, wall, door, shade or similar obstruction thus allowing establishment by a curtain, wall, door, shade or similar obstruction thus allowing the private viewing of video tapes, movies, transparencies, films or projectable motion picture by customers at the establishments. “Religious institution” means any church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities. “Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshop)” means an establishment or place where more than fifteen (15) percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine, and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans, and plastic photograph film vials, roach clips (for holding marijuana cigarettes), books, and magazines extolling the use of narcotics or controlled substances. Such a place is an adult entertainment establishment. This definition does not limit licensed pharmacies in selling and displaying paraphernalia, that is, medicinal equipment prescribed by licensed medical practitioners.
“School” means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code of which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocation or professional institution or an institution of higher education, including a community college.
“Sexual encounter establishment” means an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy.
For the purposes of this chapter, “sexual encounter centerestablishment” shall include massage ora rap parlor and other similar establishments.
Commented [TM195]: Deleted because massage businesses are governed by Ch. 8.28.
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“Specified anatomical areas” means and includes any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point horizontal line immediately above the top of the areolae; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Buttocks are defined as the portion of the human body in which the gluteal muscles, including the gluteus maximus, gluteus medius, and gluteus minimus, are located. “Specified sexual activities” means and includes any of the following:
1. The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, normal or perverted, actual or simulated; or
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in this subsection.
“Transfer of ownership or control,” as used in this chapter, means and includes any of the following:
1. The sale, lease or sublease of an adult entertainment business; or
2. The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or
3. The establishment of a trust,conveyance of a gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control. “Video cassette sales and rentals—adult” means the same as “adult bookstore.” “Video games—adult” means coin-operated electronic game machines having visual displays and animation that depict in any manner, any sort of activity characterized by exposure of specified anatomical areas or specified sexual activities.
17.62.030 Prohibitions.
A. No person or entity shall own, establish, operate, control or enlarge, or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 17.62.060, of any of the following adult entertainment establishments unless such adult entertainment establishment is greater than five hundred (500) feet from another adult entertainment establishment or greater than one thousand (1,000) feet from any religious institution, school or park located within the city or greater than five hundred (500) feet from any residentially zoned property (including office residential) located in the city, measured from property lines:
1. Adult bookstore;
2. Adult motion picture theater;
3. Adult mini-motion picture arcade (peep shows);
Commented [TM196]: What about mixed use?
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4. Adult arcade;
5. Adult drive-in theater;
6. Adult cabaret;
7. Adult motel;
8. Adult theater;
9. Adult model studio;
10. Body painting studio;
11. Massage parlor;
112.Adult video games;
123.Adult video cassette sales and rentals;
134.Sexual encounter establishment;
145.Headshop; or : “Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshops)” means an establishment or place where more than fifteen (15) percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine, and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans, and plastic photograph film vials, roach clips (for holding marijuana cigarettes), books, and magazines extolling the use of narcotics or controlled substances. 156.Any other business which involves specified sexual activities or display of specified anatomical areas.
B. An establishment listed in this section shall not be established, operated, enlarged or transferred unless the zone district in which the site or proposed site is located permits such a use.
The conduct of such establishment and the use of premises shall otherwise comply with the city’s land use codethis Title 17 and all other applicable regulations.
C. All adult entertainment establishments as listed in subsection A of this section shall only be permitted within any CC, SC or RC zone district provided the minimum distance requirements as set forth in subsection A of this section are met and also upon the prior issuance of a conditional use permit.
17.62.040 Measure of distance.
The required minimum distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest property line of each such business. The distance between any adult entertainment business and any religious institution, school, public park or residentially zoned land shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the religious institution, school, public park or residential zone.
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17.62.050 Development and maintenance standards.
All adult entertainment premises hereafter commenced shall, in addition to compliance with this title, be made to comply with the following specific requirements:
A. Signs. In addition to the requirements of Chapter 17.56, all sign permits shall be subject to the following regulations:
1. Each adult business shall be allowed one permanent sign, the area of which shall not exceed one square foot for each linear foot of building frontage on which the sign is to be placed. In no case can the sign exceed fifty (50) square feet in area.
2. Temporary signs of any kind are not permitted.
3. Except for theater signs, changeable copy signs are not permitted.
4. No sign shall depict or describe any specified anatomical areas or specified sexual activities.
B. Exterior Painting. Buildings and structures shall be painted or surfaced with colors or textures that are similar to neighboring buildings or structures as determined by the community development department. Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message.
C. Advertisements, displays of merchandise, signs or any other exhibit depicting adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises.
D. No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult entertainment use is allowed.
E. Upon order of the city manager, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall be removed and that surface shall be restored within seventy-two (72) hours of notification to the owner or person in charge of the premises.
F. No consumption of alcohol shall be allowed in conjunction with, or on the premises of, any adult entertainment establishment as defined in this chapter.
17.62.060 Application.
Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the city.
17.62.070 Other regulations, permits or licenses.
The provisions of this chapter do not waive or modify any other provision of this municipal code.
17.62.080 Protection of minors.
The operation of adult entertainment establishments shall prohibit the admission of minors.
17.62.090 Private viewing rooms.
It is unlawful for any person or entity that is subject to the regulations of this chapter, and that sells or rents prerecorded video tapes, movies, transparencies, films, projectable motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in Section 17.62.020.
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17.62.100 Regulations governing existing adult entertainment establishments.
An adult entertainment establishment hereinafter permitted and legally operating as a conforming use is not rendered a nonconforming use by the location of a religious institution, school or public park within one thousand (1,000) feet or a residential (including office residential) zone within five hundred (500) feet of the adult entertainment establishment. This provision does not apply after a permit has expired, been suspended or revoked.
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Chapter 17.68
WIRELESS COMMUNICATION FACILITIES AND TOWERS
Sections:
17.68.010 Purpose and application.
17.68.020 Definitions.
17.68.030 Principle or accessory use.
17.68.040 Measurement of setbacks.
17.68.050 Effect on Nonconforming uses.
17.68.060 General standards.
17.68.070 Co-location of facilities.
17.68.080 Exemptions.
17.68.090 Permitted and conditional uses.
17.68.100 Application process.
17.68.110 Appeals.
17.68.120 Review criteria.
17.68.130 Federal and state regulations.
17.68.140 Removal of abandoned antennas, towers, supporting equipment and structures.
17.68.010Purpose and application.
The purpose of this chapter is to promote and maintain the purposes and objectives of the city of Hanford zoning ordinance; to ensure the co-location of new and existing tower and antenna sites whenever possible; to ensure the location of towers and antennas are in areas where the adverse impact on the community is minimal; to ensure that towers and antennas are designed in a way that minimizes the adverse visual impact on the community; and to protect the public safety and general welfare of the community.
17.68.020Definitions.
For the purposes of this chapter, unless otherwise defined, the following words and phrases when used in this chapter are defined as follows:
“Antenna” means a system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to, radio waves and microwaves.
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“Antenna, amateur radio” means a ground, building, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC).
“Antenna array” means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The antenna array does not include the support structure as defined below.
“Antenna, building mounted” means: an antenna that is mounted to a building or rooftop equipment screen, and that transmits or receives electromagnetic signals. “Antenna, direct broadcast satellite service (DBS)” means an antenna that is typically a small home receiving dish designed to receive direct broadcast from a satellite. “Antenna, multipoint distribution services (MDS)” means an antenna designed to receive video programming services via multipoint distribution services, including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services.
“Antenna structure” means an antenna array and its associated support structure, such as a mast or tower, (but not to include a suspended simple wire antenna) that is used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves.
“Antenna structure, freestanding” means an antenna structure or mast that is not attached to a building, fence or other structure. Freestanding antenna structures include, without limitation, communications towers, wooden utility poles, standard or decorative concrete and steel monopoles. If the total height of the structure, including the antenna, exceeds twenty (20) feet, it shall be treated as a monopole.
“Antenna structure, monopole” An antenna structure, often tubular in shape, made of metal, reinforced concrete, or wood which is at least twenty (20) feet in height. “Attached wireless communication facility (attached WCF)” means an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.
“Co-locate or co-location” means use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.
“Equipment facility” means any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.
“FAA” means the Federal Aviation Administration.
“FCC” means the Federal Communications Commission.
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“Height” means the distance measured from ground level to the highest point on the WCF, including the antenna array.
“Pre-existing towers and antennas” means any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance codified in this chapter. “Provider” means a person, as defined in Section 1.04.130 of the Hanford Municipal Code, pursuant to the provisions of this chapter.
“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. This definition includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. “Wireless communication facility (WCF)” Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, and equipment facility, and a support structure to achieve the necessary elevation.
17.68.030Principle or accessory use.
A. Antennas and towers may be considered either principle or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
17.68.040 Measurement of setbacks.
For purposes of determining compliance with development standards in this title, including but not limited to setback requirements, lot coverage requirements, and other applicable requirements, the dimensions of the entire lot shall be considered, even though the antennas or towers may be located on leased areas within such lots.
17.68.050 Effect on Nonconforming uses.
Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
17.68.060General standards.
The following requirements and standards shall apply to the construction and installation of all new wireless communication facilities (WCF):
A. All standards set forth in this chapter;
B. Any applicable Federal, State and local laws, regulation and ordinances; C. All applicable provisions of the Hanford Municipal Code, Hanford Zoning Ordinance, public works improvements standards, and all applicable fees that are not in conflict with the provisions of this chapter;
D. The Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable; and E. All FCC rules, regulations, and standards.
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17.68.070Co-location of facilities.
A. When technically and economically feasible, a new wireless communication facility (WCF) shall be attached to an existing structure (attached WCF), shall co-locate with another WCF, or create sites that will accommodate future co-location of other WCFs in the future.
B. Any site plan review application proposed in accordance with Chapter 17.72 proposing the construction of a new WCF with a supporting structure shall specifically identify the actions taken by the applicant to locate, construct and operate the new WCF at a co-location. If co-location is not feasible, the application shall specifically identify the locations considered and the reasons why such locations are unacceptable for the construction and operation of the new WCF.
17.68.080Exemptions.
A. The following wireless communications facilities (WCF) shall be exempt from the requirements of Section 17.68.090, and a building permit is not required.
1. Construction of an antenna under a permit issued by the California Public Utilities Commission (CPUC) or a permit issued in accordance with the rules and regulations of the Federal Communications Commission (FCC) that specifically allows for the construction of the antenna.
2. Direct broadcast satellite (DBS) antennas, multipoint distribution services (MDS) antennas and television broadcast service (TVBS) antennas that are 1 meter (3 feet 3 3/8 inches) or less in diameter or in diagonal measurement, are located entirely on-site, and are not located within the front setback area of the lot on which they are located. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in safety hazards.
B. The following wireless communications facilities (WCF) shall be exempt from the requirements of Section 17.68.090 of this chapter, however a building permit is required.
1. Satellite Earth Station (SES) antennas that are two meters (6 feet 6 3/4 inches) or less in diameter or in diagonal measurement, are located in a C-S, I-L, or I-H zone district, and are located on the top of buildings as far away as possible from the edges of rooftops so that they cannot be viewed from a public right-of-way.
2. Amateur radio antenna structures that are twenty-four (24) inches or less in diameter or in diagonal measurement, and where no portion of the antenna overhangs any property line.
3. Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located, and that does not result in an increase in size of the overall WCF site.
17.68.090 Permitted and conditional uses.
Wireless communications facilities that are not exempt per Section 17.68.080 shall be either permitted or conditional uses in accordance with this section. If this section appears to conflicts with the table in Section 17.08.030 then this section shall apply.
A. The following wireless communications facilities (WCF) shall be permitted uses. A site plan review permit issued in accordance with Chapter 17.72 and a building permit is required.
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1. Installation of a monopole on an existing structure, located in a PF zone district, or in any commercial, mixed use, or industrial zone district, where the height of the monopole is not higher than twenty (20) feet above the height of the existing structure.
2. Installation of a concealed or disguised antenna located on the ground and/or attached to a building in the PF zone district, or any commercial, mixed use, office, or industrial zone district where the antenna does not exceed the maximum height limits of the zone district in which it is located.
3. Modification to an existing, approved antenna/tower where the modification does not result in an increase in the height of the existing, approved antenna/tower and does not provide for more than three communication providers on a single antenna/tower.
4. Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located, and that results in less than a 30 percent increase in size of the overall WCF site.
5. Installation of a new free standing antenna/tower with no guy wires in the C-S, C-H, or PF zone districts that does not exceed fifty (50) feet in height, where the height of the WCF is less than the distance of the antenna/tower to the nearest lot line.
6. Installation of a new free standing antenna/tower with no guy wires in the I-L or I-H zone districts that does not exceed seventy-five (75) feet in height.
B. The following wireless communications facilities (WCF) shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 17.80. A site plan review permit issued in accordance with Chapter 17.72 and a building permit is also required:
1. Installation of a new free standing antenna/tower with no guy wires in the C-R, MX-C, MX- D, O, PF, or AP zone districts that does not exceed seventy-five (75) feet in height. The Planning Commission may approve a WCF with a height higher than seventy-five (75) feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line.
2. Installation of a new free standing antenna/tower with no guy wires in the C-S or C-H, I-L, or I-H zone districts that does not exceed one hundred (100) feet in height. The Planning Commission may approve a WCF with a height higher than one hundred (100) feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line.
3. Modification to an existing, approved antenna/tower where the modification results in an increase in the height of the existing, approved antenna/tower or provides for more than three communication providers on a single antenna/tower.
C. Wireless Communication Facilities that are not exempt per Section 17.62.060 are prohibited in any residential zone district and in the C-N, MX-N, OR, and CO zone districts.
D. Notwithstanding other provisions of this section, a WCF shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 17.80 if it is located in the Airport Overlay District, and shall meet all requirements of Chapter 17.44.