Agenda packet — Lancaster City Council, May 13, 2025 (part 7 of 19)

1. Lot dimensions and Yard requirements. Lot dimensions and yard requirements for this section shall be determined by the director on a case by case basis. Determination of lot dimensions, yards, setbacks and projections permitted in yards for a proposed public facility shall take into consideration the configuration of the lot, and the type, height layout, and intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In determining lot dimensions, yards and setback requirements for a particular public use, consideration shall be given to similar requirements on adjacent properties and to required lot dimensions and yard requirements in other sections of this title that most closely approximate the intended public use.

2. Height. The height of buildings and structures shall comply with the following:
a. No building in the P zone which is within 100 feet of any RR, SRR or R zone shall exceed a height of 2 stories or 35 feet, whichever is less.
b. No building may be constructed which would shade any existing active solar energy system on adjoining property without the consent of the affected property owner. (See subsection 1 in the definition of solar energy system in Section 17.04.240.) c. Exceptions for Solar Systems. Solar collectors may exceed the height limit when mounted on the roof of a legal, conforming building. The right to exceed the height limit shall be exercised only in the event that: there is no other practical means or location for achieving an efficient placement on the building or site in question; such collectors may exceed the height limit only to the extent necessary to achieve efficient placement; in no case shall such solar collectors (or related equipment) encroach more than 5 feet beyond the limit. Also the placement of a solar collector shall not shade or otherwise diminish the efficiency of existing solar collectors on neighboring property, or preclude such property from sufficient solar access to successfully operate a solar energy system sufficient to serve the needs of the business or occupants.

3. Maximum floor area ratio (FAR): 1.0. (See definition in Section 17.04.240.)

4. Landscaping. Landscaping requirements for this section shall be determined by the director on a case by case basis. Determination of landscaping requirements for a proposed public facility shall take into consideration the type, height, layout, and the intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In establishing landscaping requirements for a particular public use, consideration shall be given to landscaping requirements in other sections of this title that most closely approximate the intended public use.

5. Outside Storage. Outside storage requirements for this section shall be determined by the director on a case by case basis. Determination of outside storage requirements for a proposed public facility shall take into consideration the type, layout, and the intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In establishing outside storage requirements for a particular public use, consideration shall be given to outside storage requirements in other sections of this title that most closely approximate the intended public use.
(Ord. No. 947, § 1, 7-13-2010)

17.20.080 Signs.

Sign requirements for this section shall be determined by the director on a case by case basis. Determination of sign requirements for a proposed public facility shall take into consideration the type, height, layout, and the intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In establishing sign requirements for a particular public use, consideration shall be given to sign requirements in other sections of this title that most closely approximate the intended public use.

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(Ord. No. 947, § 1, 7-13-2010)

17.20.090 Off-street parking.

The automobile parking facilities required by this section shall be provided and permanently maintained as such unless and until a substitute has been provided which is in full compliance with the provisions of this title. The following parking requirements shall be complied with in the P zone:

A. Parking Requirements by Use. Parking requirements in the P zone shall be provided as determined by the director to be appropriate on a case by case basis. In general, parking facilities shall comply with the requirements and design standards for similar uses as contained in this title. (Ord. No. 947, § 1, 7-13-2010)

17.20.100 Design and performance standards.

The following design and performance standards shall be met for development in the P zone:

A. General Requirements. Design and performance standards including access, paving, size and marking of spaces and circulation of parking lots, loading spaces, buffering, building design, landscaping, lighting, outside storage and display, screening, service for utilities, signs and similar requirements not hereafter detailed in this subsection, shall be determined by the director on a case by case basis.

Determination of design and performance standards for a proposed public facility shall take into consideration the configuration of the lot, the height, type, layout, and the intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In determining design and performance standards for a particular public use, consideration shall be given to design and performance standards in other sections of this title that most closely approximate the intended public use.

B. Specific Requirements.

1. Refuse/Recycling Storage Enclosures. All public uses shall have on the same lot or parcel a refuse/recycling storage area at a ratio of 20 square feet of refuse/recycling storage area for each 1,000 square feet or portion thereof of net floor area of the facility or as may be determined necessary by the director. The enclosure shall be a minimum size of 6 feet in width by 18 feet in length (exterior dimension). Such storage areas shall be enclosed on 3 sides by a minimum 5- foot-high reinforced masonry or concrete wall with a sight-obscuring gate (chain link with slats is not acceptable) of noncombustible materials which is substantially the same height as the enclosing walls. The floor of the enclosure shall be of concrete construction. Such storage areas shall not be placed in a location which is openly exposed to a fronting street or a neighboring residential area.

2. Hazardous Materials. Applicants must obtain the approval of the Los Angeles County fire department prior to obtaining any city permits for any use which includes the use of hazardous materials or the storage of hazardous materials or wastes.

3. Radioactive Materials. The use of radioactive materials shall be limited to measuring, gauging or calibration equipment.

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mitigation and methods to incorporate same into project design. Site design methods which may be utilized to reduce noise include:
a. The use of building setbacks and dedication of noise easements to increase the distance between the noise source and receiver;
b. The location of uses and orientation of buildings which are compatible with higher noise levels adjacent to noise generators or in clusters to shield more noise-sensitive areas and uses;
c. The placement of noise-tolerant land uses, such as parking areas, between the noise source and receiver;
d. The placement of noise-tolerant structures to shield noise-sensitive areas.

C. When adjacent to a residential zone or use the following requirements shall also be applied:

1. Artificial lighting used to illuminate the premises shall be directed away from adjacent residential zone or use.

2. Where multistory buildings are to be utilized on lots abutting residentially zoned or used properties, such buildings shall be located or oriented in a manner which will minimize visual intrusion into neighboring property which is residentially zoned or used. (This may be accomplished by setting the building back from the abutting property line beyond the distance required for the yard, selective placement of windows, orienting the building in a manner which will not give occupants a direct view into the yards or windows of neighboring residents.)

3. No signs shall be placed in a manner which visually intrudes into adjoining property which is residentially zoned or used.

4. Trees shall be utilized as a means of improving the interface between public uses and residential uses where appropriate.

5. Buffering. When abutting property which is residentially zoned or used a masonry wall of not less than 6 feet in height shall be provided at the property line in accordance with the provisions for walls specified in Section 17.28.030C to minimize conflicts between public uses and residential uses. A 10 foot landscaped setback shall be placed next to the wall. This requirement shall be modified, where necessary to preclude interference with line-of-sight of a driver within 10 feet of any street, highway or alley, down to a maximum height of 42 inches. The design of the wall shall be considered as part of the site plan review. The site and any buildings thereof shall be designed to locate noise- and odor-generating equipment and activity in a manner which will have a minimal impact on abutting property which is residentially zoned or used. Such techniques may include, but are not limited to, no windows on the building wall(s) facing residentially zoned property, insulating structures housing equipment against noise, limitation of the hours of equipment operation, and other controls designed for specific problems. It shall be the burden of the applicant to prove that his project will not have a detrimental effect on neighboring residential property at the time of site plan review.
(Ord. No. 947, § 1, 7-13-2010)
Article III. School (S) Zone
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17.20.110 Purpose and intent.

The purpose of the School (S) zone is to implement policies contained in the Lancaster General Plan, particularly policies pertaining to school facilities, prescribed within the Public Use land use category. It is the further purpose of these regulations to provide the city and public with increased involvement in the planning of future uses at existing school sites, including working with local school districts and neighborhood residents on appropriate land uses for school sites no longer needed for educational purposes, coordination with the school districts on joint use of school facilities for community-wide use, and acquisition of closed school sites for recreation, childcare and other appropriate public purposes. (Ord. No. 947, § 1, 7-13-2010)

17.20.120 Permitted uses.

The following categories of uses are permitted in the S zone subject to any stated exceptions, development regulations, and approval of the site plan as follows:

A. Schools—Public. This category is limited to elementary, middle, high-school and colleges and associated uses and activities including day care facilities and dormitories as appurtenant uses to public schools.
(Ord. No. 947, § 1, 7-13-2010)

17.20.130 Uses subject to conditional use permit.

The following uses may be permitted in the S zone provided a conditional use permit has first been obtained as provided in Article I of Chapter 17.32, and while such permit is in full force and effect in conformity with conditions of such permit:

A. Schools—Private. This category is limited to elementary, middle, high-school and colleges and associated uses and activities including day care facilities, dormitories, athletic facilities, and administrative offices as appurtenant uses to private schools. (Ord. No. 947, § 1, 7-13-2010)

17.20.140 Accessory and temporary uses.

A. The following uses are considered as accessory uses to the permitted uses in the S Zone:

1. Community Education. For purposes of this chapter, community education includes uses customarily accessory to school uses including:
a. Citizen/parent-teachers' associations;
b. Camp Fire girls;
c. Boy and Girl Scout troops;
d. Boys and Girls Club;
e. School-community advisory councils, senior citizens' organizations, clubs, and associations formed for recreational, educational, political, economic, artistic, or moral activities of the public school districts;
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f. Public, literary, scientific, recreational, educational, or public agency meetings; administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies; and
g. Supervised recreational activities including, but not limited to, sports league activities.

B. The following uses are considered as temporary uses in the S zone:

1. Building materials, storage of, used in a building or construction project, during the construction and 30 days thereafter, including the contractor's temporary office provided that any lot or parcel of land so used shall be part of the project, or on property adjoining the construction site.

2. Temporary Commercial Coach. Use of commercial coaches as temporary offices subject to the provisions of Article X of Chapter 17.40 and this zone. (Ord. No. 947, § 1, 7-13-2010)

17.20.150 Property development regulations.

A. General.

1. No new building or commercial coach shall be erected, constructed, moved onto, or established on an existing legal lot or parcel of land unless said building or temporary commercial coach shall comply with all of the regulations set forth in city ordinances, standards, guidelines or policies and subsection B of this section, or Article X of Chapter 17.40 which are pertinent to its placement on said lot or parcel.

2. No existing building or temporary commercial coach located on an existing legal lot or parcel of land shall be converted, enlarged, or moved unless said building, or addition thereto, shall comply with all of the regulations set forth in city ordinances, standards, guidelines or policies and subsection B of this section, or Article X of Chapter 17.40 which are pertinent to its placement on said lot or parcel.

3. No new lot shall be created or any building, or portion thereof, existing on such new lot be used, unless said lot and said building location shall comply with all of the regulations set forth in city ordinances, standards, guidelines or policies and subsection B of this section.

B. S Zone. Wherever property is designated as a S zone on the zoning map, the following regulations shall apply:

2. Height. The height of buildings and structures shall comply with the following:
a. No building in the S zone which is within 100 feet of any RR, SRR or R zone shall exceed a height of 2 stories or 35 feet, whichever is less.
b. No building may be constructed which would shade any existing active solar energy system on adjoining property without the consent of the affected property owner. (See subsection 1 in the definition of solar energy system in Section 17.04.240.) c. Exceptions for Solar Systems. Solar collectors may exceed the height limit when mounted on the roof of a legal, conforming building. The right to exceed the height limit shall be exercised only in Created: 2024-08-22 08:37:08 [EST]
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the event that: there is no other practical means or location for achieving an efficient placement on the building or site in question; such collectors may exceed the height limit only to the extent necessary to achieve efficient placement; in no case shall such solar collectors (or related equipment) encroach more than 5 feet beyond the limit. Also the placement of a solar collector shall not shade or otherwise diminish the efficiency of existing solar collectors on neighboring property, or preclude such property from sufficient solar access to successfully operate a solar energy system sufficient to serve the needs of the business or occupants.

3. Maximum floor area ratio (FAR): 1.0. (See definition in Section 17.04.240.)

17.20.160 Design and performance standards.

The following design and performance standards shall be met for development in the S zone:

B. Specific Requirements.

1. Refuse/Recycling Storage Enclosures. All public uses shall have on the same lot or parcel a refuse/recycling storage area at a ratio of 20 square feet of refuse/recycling storage area for each 1,000 square feet or portion thereof of net floor area of the facility or as may be determined necessary by the director. The enclosure shall be a minimum size of 6 feet in width by 18 feet in length (exterior dimension). Such storage areas shall be enclosed on 3 sides by a minimum 5- foot-high reinforced masonry or concrete wall with a sight-obscuring gate (chain link with slats is not acceptable) of noncombustible materials which is substantially the same height as the enclosing walls. The floor of the enclosure shall be of concrete construction. Such storage areas Created: 2024-08-22 08:37:08 [EST]
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shall not be placed in a location which is openly exposed to a fronting street or a neighboring residential area.

3. Radioactive Materials. The use of radioactive materials shall be limited to measuring, gauging or calibration equipment.

4. Noise. Uses which generate noise by the nature of their function and/or processes shall be required to demonstrate that the noise levels emitted from the use shall not exceed 65 dBA at any property line which abuts a residential zone or use. A detailed noise attenuation study by a qualified acoustical engineer may be required by the director to determine appropriate mitigation and methods to incorporate same into project design. Site design methods which may be utilized to reduce noise include:
a. The use of building setbacks and dedication of noise easements to increase the distance between the noise source and receiver;
b. The location of uses and orientation of buildings which are compatible with higher noise levels adjacent to noise generators or in clusters to shield more noise-sensitive areas and uses;
c. The placement of noise-tolerant land uses, such as parking areas, between the noise source and receiver;
d. The placement of noise-tolerant structures to shield noise-sensitive areas.

C. When adjacent to a residential zone or use the following requirements shall also be applied:

1. Artificial lighting used to illuminate the premises shall be directed away from adjacent residential zone or use.

3. No signs shall be placed in a manner which visually intrudes into adjoining property which is residentially zoned or used.

4. Trees shall be utilized as a means of improving the interface between public uses and residential uses where appropriate.

5. Buffering. When abutting property which is residentially zoned or used a masonry wall of not less than 6 feet in height shall be provided at the property line in accordance with the provisions for walls specified in Section 17.28.030C to minimize conflicts between public uses and residential uses. A 10 foot landscaped setback shall be placed next to the wall. This requirement shall be modified, where necessary to preclude interference with line-of-sight of a driver within 10 feet of any street, highway or alley, down to a maximum height of 42 inches. The design of the wall shall be considered as part of the site plan review. The site and any buildings thereof shall be designed to locate noise- and odor-generating equipment and activity in a manner which will have a minimal impact on abutting property which is residentially zoned or used. Such techniques may include, but are not limited to, no windows on the building wall(s) facing residentially zoned Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)

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property, insulating structures housing equipment against noise, limitation of the hours of equipment operation, and other controls designed for specific problems. It shall be the burden of the applicant to prove that his project will not have a detrimental effect on neighboring residential property at the time of site plan review.
(Ord. No. 947, § 1, 7-13-2010)
Article IV. Open Space (O) Zone

17.20.170 Purpose and intent.

The purpose and intent of the O zone is to provide the means necessary to implement the policies of the City's General Plan regarding open space and the land use designations "O" (open space), as delineated on the general plan map, and to designate zoning for those uses which are open in nature and thus contribute to the visual and spatial relief from continuous urban development. The "O" zone also serves to provide opportunities for outdoor recreation; preserve scenic qualities; protect sensitive or fragile environmental areas; preserve the capacity and water quality of the stormwater drainage system; and to provide pedestrian and bicycle transportation connections.
(Ord. No. 947, § 1, 7-13-2010)

17.20.180 Permitted uses.

The following uses, excluding uses that stockpile, commercially compost, process, or handle sludge or biosolid materials, are permitted in the O zone:

A. Crops: field, tree, bush, berry and row including nursery stock in nonurban areas; B. Floodways;
C. Roadside rest area;
D. Scenic corridor or scenic easement;
E. Vegetative preservation or management areas;
F. Wildlife preservation or management areas, except gun clubs and hunting preserves. (Ord. No. 947, § 1, 7-13-2010)

17.20.190 Accessory uses.

The following uses are considered as accessory uses to the permitted uses in the O zone:

A. Accessory buildings or structures customarily used in conjunction with permitted uses; B. Solar energy systems, whether mounted on or attached to a building or mounted on the ground. (Ord. No. 947, § 1, 7-13-2010)

17.20.200 Temporary uses.

The following uses are considered as temporary uses in the O zone:

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A. Building materials, storage of, used in the construction of a building or building project, during the construction and 30 days thereafter, including the contractor's temporary office provided that any lot or parcel of land so used shall be part of the building project, or on property adjoining the construction site.
(Ord. No. 947, § 1, 7-13-2010)

17.20.210 Uses subject to director's review and approval.

If site plans or other pertinent information for the proposed use are first submitted to and approved by the director in accordance with Article VI of Chapter 17.32, premises in the O zone may be used for the following uses:

A. Access to property lawfully used for a purpose not permitted in the O zone, provided no other practical access to such property is available, and such access will not alter the character of the premises in respect to permitted uses in the O zone.
(Ord. No. 947, § 1, 7-13-2010)

17.20.220 Uses subject to permits.

A. The following uses, excluding uses that stockpile, commercially compost, process, or handle sludge or biosolid materials, are permitted in the O zone; provided, a conditional use has first been obtained as provided in Article I of Chapter 17.32, and while such permit is in full force and effect in conformity with conditions of such permit for:

1. Arboretum;

2. Botanical garden;

3. Crops: field, tree, bush, berry and row including nursery stock where the site abuts developed, residential property in the R, MHP, MDR or HDR zones;

4. Open spaces as a part of an RPD development, public;

5. Riding, hiking, bicycle trails but not including trails for motor-driven vehicles; (Ord. No. 947, § 1, 7-13-2010)

17.20.230 Height regulations.

No building in the O zone shall exceed a height of 25 feet. This section does not apply to uses subject to permit which shall be subject to Article I of Chapter 17.32. (See Article XII of Chapter 17.40 for general exceptions.) (Ord. No. 947, § 1, 7-13-2010)

17.20.240 Exception for solar systems.

Solar collectors may exceed the height limit when mounted on the roof of a legal, conforming building. The right to exceed the height limit shall be exercised only in the event that: there is no practical means or location for achieving an efficient placement on the building or site in question; such collectors may exceed the height limit only to the extent necessary to achieve efficient placement; in no case shall such solar collectors (or related equipment) encroach more than 5 feet beyond the limit. Also the placement of a solar collector shall not shade or otherwise diminish the efficiency of existing solar collectors on neighboring property, or preclude such property Created: 2024-08-22 08:37:08 [EST]
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from sufficient solar access to successfully operate a solar energy system sufficient to serve the household needs of the occupants or the intended use.
(Ord. No. 947, § 1, 7-13-2010)

17.20.250 Site plan required.

A site plan drawn to scale shall be required of any person seeking to erect new buildings or structures, make additions to any existing buildings or structures, or otherwise improve or develop any lot or portion thereof for a permitted use prior to the issuance of any building permit. (Ord. No. 947, § 1, 7-13-2010)

17.20.260 Property development regulations.

A. No new building shall be erected, constructed, moved onto, or established on an existing legal lot or parcel of land unless said building shall comply with all of the regulations set forth in this section which are pertinent to its placement on said lot or parcel.

B. No existing building located on an existing legal lot or parcel of land shall be converted, enlarged or moved unless said building, or addition thereto, shall comply with all of the regulations set forth in this section which are pertinent to this placement on said lot or parcel.

C. No new lot shall be created, or any building, or portion thereof, existing on such new lot be used unless said lot and said building location shall comply with all of the regulations set forth in this section which are pertinent to the area and dimensions for new lots and buildings on said lot.

D. O zone:

1. Minimum lot area: 10,000 square feet (see Sections 17.40.093, 17.40.095 and 17.40.097 in the event of lot area, width or depth reduction for highway purposes or public use);

2. Yard requirements (see Section 17.28.030 for special provisions concerning yards):
(See Sections 17.40.093, 17.40.095 and 17.40.097 in the event yard requirements must be reduced for street widening or transit stops.)
a. Front yard: 20 feet,
b. Interior side yard: 20 feet,
c. Street side yard: 20 feet,
d. Rear yard*: 20 feet;

3. Lot coverage:
a. Maximum lot coverage: 10 percent of the lot area;

4. Open space: 70 percent of the lot area;

5. Landscaping: no landscaping shall be placed in a manner which shades or would ultimately shade any existing solar energy system from the sun on a contiguous lot. *EXCEPTION: Solar energy systems are permitted in rear yards and not counted against lot coverage. (Ord. No. 947, § 1, 7-13-2010)
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17.20.270 Signs.

A person shall not use any sign except as specifically permitted in this section and subject to all regulations and conditions set forth in accordance with Article VI of Chapter 17.32, Director's review. The following signs are permitted in the O zone:

A. Address. Street numbers of all buildings shall be prominently located and of sufficient size to be easily read from the street by public safety personnel (i.e., police, fire, ambulance).

B. Monument Sign. Twenty-five square feet plus 0.25 square feet for each foot of frontage over 100 feet up to a maximum of 50 square feet.

C. Wall Sign. One square foot per linear foot of building frontage.

D. Freestanding signs shall be not less than 25 feet from an interior property line and shall be at least 100 feet from any other freestanding sign.
(Ord. No. 947, § 1, 7-13-2010)

17.20.280 Fences.

A. Purpose. The fence standards promote the positive benefits of fences without negatively impacting the community or endangering public or vehicle safety. Fences can create a sense of privacy, protect children and pets, provide separation from busy streets, and enhance the appearance of property by providing attractive landscape materials. The negative effects of fences can include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access, lessen solar access, hinder the safe movement of pedestrian and vehicles, and create an unattractive appearance. These standards are intended to promote the positive aspects of fences and to limit the negative ones.

B. Type of fences. The standards apply to walls, fences and screens of all types whether open, solid, wood, metal, wire, masonry, or other material.

C. Location. Fences may be 6 feet tall at the property line. A fence within 30 feet of a street lot line may not be more than 10 percent sight obscuring.

D. Building permits. Building permits are required by Building and Safety Division, for fences 6 feet in height. (Ord. No. 947, § 1, 7-13-2010)

17.20.290 Design requirements.

The following design requirements shall be met by development in the O zone:

A. Existing topography, hydrology, soil, drainage and vegetation conditions shall be retained on undeveloped land in order to retain the visual appeal and function of the undisturbed open space area.

No vehicle, equipment or materials will be operated, stored or placed on the undisturbed area.

B. All buildings shall be designed to enclose or otherwise screen from view all rooftop mechanical equipment, ducts, tanks, etc., including solar systems. This requirement does not include windpowered turbines used for ventilation.

C. Where multistory buildings are to be utilized on lots abutting property in the R zone, such buildings shall be located or oriented in a manner which will minimize the visual intrusion into neighboring single-family property. (This may be accomplished by setting the building back from the abutting Created: 2024-08-22 08:37:08 [EST]
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property line beyond the distance required by the yard, orienting the building in a manner which will not give a view into the back yard of their neighbors, or by other design consideration.) (Ord. No. 947, § 1, 7-13-2010)
Article V. Park (Pk) Zone

17.20.300 Purpose and intent.

The purpose and intent of the Pk zone is to provide the means necessary to implement the policies of the City's General Plan regarding parks and the land use designations "O" (open space), as delineated on the general plan map, and to designate zoning for those uses which are park and recreation facilities and thus contribute to the visual and spatial relief from continuous urban development. (Ord. No. 947, § 1, 7-13-2010)

17.20.310 Permitted uses.

The following uses, excluding uses that stockpile, commercially compost, process, or handle sludge or biosolid materials, are permitted in the Pk zone: A. Parks, public, and associated buildings and recreation facilities. (Ord. No. 947, § 1, 7-13-2010)

17.20.320 Accessory uses.

The following uses are considered as accessory uses to the permitted uses in the Pk zone:

A. Accessory buildings or structures customarily used in conjunction with permitted uses, including but not limited to playground equipment, ball fields and seating, etc.

B. Solar energy systems, whether mounted on or attached to a building or mounted on the ground.

C. Electric Vehicle Charging Station. An electric vehicle charging station (EVCS) shall be permitted as an accessory use within any existing legal single-family or multiple-family residential garage or carport, or within any existing legal commercial parking space in a parking lot or in a parking garage, subject to all applicable city code requirements and the following:

1. Electric vehicle charging stations (EVCS) for public use shall be subject to the following requirements:
a. The EVCSs shall be located in a manner which will be easily seen by the public for informational and security purposes and shall be illuminated during evening business hours; and
b. Be located in desirable and convenient parking locations which will serve as an incentive for the use of electric vehicles; and
c. The EVCS pedestals shall be protected as necessary to prevent damage by automobiles; and
d. The EVCS pedestals shall be designed to minimize potential damage by vandalism and to be safe for use in inclement weather; and
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e. Complete instructions and appropriate warnings concerning the use of the EVCS shall be posted on a sign in a prominent location on each station for use by the operator; and f. One standard non-illuminated sign, not to exceed 4 square feet in area and 10 feet in height, may be posted for the purpose of identifying the location of each cluster of EVCSs; and
g. The EVCS may be on a timer that limits the use of the station to the normal business hours of the use(s) which it serves to preclude unauthorized use after business hours.

2. Electric vehicle charging stations for private use shall:
a. Be located in a manner which will not allow public access to the charging station; and b. Comply with subsections C.1.c., d. and e. of this section. (Ord. No. 947, § 1, 7-13-2010)

17.20.330 Temporary uses.

The following uses are considered as temporary uses in the Pk zone:

17.20.340 Uses subject to director's review and approval.

A. Access to property lawfully used for a purpose not permitted in the Pk zone, provided no other practical access to such property is available, and such access will not alter the character of the premises in respect to permitted uses in the Pk zone;
B. Carnivals, subject to the provisions of Chapter 9.46; C. Signs, as provided in Section 17.20.260.
(Ord. No. 947, § 1, 7-13-2010; Ord. No. 999, § 7, 8-26-2014)

17.20.350 Uses subject to permits.

A. The following uses are permitted in the Pk zone; provided, a conditional use has first been obtained as provided in Article I of Chapter 17.32, and while such permit is in full force and effect in conformity with conditions of such permit for:

1. Arboretum;

2. Archery range;

3. Athletic range;
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4. Botanical garden;

5. Campgrounds, publicly or privately owned or operated, containing overnight camping facilities for tents, travel trailers, camper trucks or other recreational vehicles;

6. Fishing and casting ponds, recreational;

7. Golf courses, including the customary clubhouse and appurtenant facilities;

8. Golf or baseball driving ranges;

9. Open spaces as a part of an RPD development, public;

10. Parks;

11. Picnic grounds;

12. Playgrounds;

13. Polo grounds;

14. Radio and television stations and towers including studios. Existing stations may expand their building floor area up to 50 percent without obtaining a conditional use permit;

15. Riding, hiking, bicycle trails but not including trails for motor-driven vehicles;

16. Swimming pool, public;

17. Utilities, minor, public and private; including telephone repeater stations and microwave stations. (Ord. No. 947, § 1, 7-13-2010)

17.20.360 Height regulations.

No building in the Pk zone shall exceed a height of 40 feet. This section does not apply to uses subject to permit which shall be subject to Article I of Chapter 17.32. (See Article XII of Chapter 17.40 for general exceptions.) (Ord. No. 947, § 1, 7-13-2010)

17.20.370 Exception for solar systems.

Solar collectors may exceed the height limit when mounted on the roof of a legal, conforming building. The right to exceed the height limit shall be exercised only in the event that: there is no practical means or location for achieving an efficient placement on the building or site in question; such collectors may exceed the height limit only to the extent necessary to achieve efficient placement; in no case shall such solar collectors (or related equipment) encroach more than 5 feet beyond the limit. Also the placement of a solar collector shall not shade or otherwise diminish the efficiency of existing solar collectors on neighboring property, or preclude such property from sufficient solar access to successfully operate a solar energy system sufficient to serve the household needs of the occupants or the intended use.
(Ord. No. 947, § 1, 7-13-2010)

17.20.380 Site plan required.

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review the site plan for conformance with the provisions of this title. The site plan shall demonstrate conformance with height regulations (Section 17.20.350), property development regulations (Section 17.20.380), sign regulations (Section 17.20.390), off-street parking requirements (Section 17.20.400), design requirements (Section

17.20.410) and any other requirements as established for the Pk zone. In addition to the requirements set forth in the Pk zone, the director may place conditions on the approval of the site plan where he finds that such action is necessary to protect the public health, safety, and welfare. At such time as the site plan complies with the intent of this title, the site plan may be approved by the director or his designated representative. The site plan approval shall be valid for one year from the date of approval. A one-year extension of the approval may be granted by the director or his designated representative. In the event the site plan is denied, the applicant may appeal the decision in accordance with Section 17.36.030.
(Ord. No. 947, § 1, 7-13-2010)

17.20.390 Property development regulations.

D. O zone:

1. Minimum lot area: 10,000 square feet (see Sections 17.40.093, 17.40.095 and 17.40.097 in the event of lot area, width or depth reduction for highway purposes or public use);

3. Lot coverage**:
a. Maximum lot coverage: 10 percent of the lot area;

4. Open space**: 70 percent of the lot area;

5. Landscaping: no landscaping shall be placed in a manner which shades or would ultimately shade any existing solar energy system from the sun on a contiguous lot. *EXCEPTION: Solar energy systems are permitted in rear yards and not counted against lot coverage. **EXCEPTION: Public community or recreation buildings are exempted from lot coverage and open space requirements.

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(Ord. No. 947, § 1, 7-13-2010)

17.20.400 Signs.

A. Address. Street numbers of all buildings shall be prominently located and of sufficient size to be easily read from the street by public safety personnel (i.e., police, fire, ambulance).

B. Monument Sign. Twenty-five square feet plus 0.25 square feet for each foot of frontage over 100 feet up to a maximum of 50 square feet.

C. Wall Sign. One square foot per linear foot of building frontage.

D. Freestanding signs shall be not less than 25 feet from an interior property line and shall be at least 100 feet from any other freestanding sign.
(Ord. No. 947, § 1, 7-13-2010)

17.20.410 Off-street parking.

A. The automobile parking facilities required by Section 17.12.220 of this title shall be provided and permanently maintained as such unless and until a substitute has been provided which is in full compliance with the provisions of this title.

B. Parking in required yards is prohibited.
(Ord. No. 947, § 1, 7-13-2010)

17.20.420 Design requirements.

The following design requirements shall be met by development in the Pk zone:

A. Existing topography, hydrology, soil, drainage and vegetation conditions shall be retained on undeveloped land in order to retain the visual appeal and function of the undisturbed open space area.

No vehicle, equipment or materials will be operated, stored or placed on the undisturbed area.

C. A wall of not less than 5 feet nor greater than 6 feet in height measured from the highest ground elevation on either side of the wall (except where specified otherwise in Section 17.28.030C) may be required by the director to be constructed along all or a portion of the perimeter of the premises as necessary to protect adjoining property.

D. Where multistory buildings are to be utilized on lots abutting property in the R zone, such buildings shall be located or oriented in a manner which will minimize the visual intrusion into neighboring single-family property. (This may be accomplished by setting the building back from the abutting property line beyond the distance required by the yard, orienting the building in a manner which will not give a view into the back yard of their neighbors, or by other design consideration.) (Ord. No. 947, § 1, 7-13-2010)
Title 17 - ZONING
Chapter 17.20 - PUBLIC, OPEN SPACE AND SPECIAL PURPOSE ZONES Article VI. Cemetery (Ce) Zone
Lancaster, California, Code of Ordinances Created: 2024-08-22 08:37:09 [EST] (Supp. No. 10-24, Upd 1)

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Article VI. Cemetery (Ce) Zone

17.20.430 Purpose and intent.

The purpose and intent of the Cemetery (Ce) zone is to implement the cemetery requirements as set forth in the Lancaster Municipal Code. As used in this title, "cemetery" means a place for the permanent interment of dead human bodies or the cremated remains thereof, including a crematory. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination of one or more thereof. Properties designated with the Cemetery zone shall conform to the requirements of Section 17.20.430 through 17.20.570.
(Ord. No. 947, § 1, 7-13-2010)

17.20.440 Uses subject to permits.

The following uses may be permitted provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

A. Cemeteries, including columbariums, crematoriums and mausoleums, as provided in Sections

17.20.430 through 17.20.570.
(Ord. No. 947, § 1, 7-13-2010)

17.20.450 When deemed established.

A. A cemetery shall be deemed to be established or maintained or extended where the interment of one or more dead human bodies or cremated remains is made in or upon any property, whether or not the same has been duly and regularly dedicated for cemetery purposes under the laws of the state of California, and which at the date this article takes effect was not included within the boundaries of a legally existing cemetery.

B. Any person who makes or causes to be made any interment in or upon such property, and any person having the right of possession of any such property who knowingly permits the interment of a dead body or cremated remains therein or thereupon shall be deemed to have established, or maintained, or extended a cemetery within the meaning of the provisions of this title. (Ord. No. 947, § 1, 7-13-2010)

17.20.460 Permit required.

A person shall not establish or maintain any cemetery or extend the boundaries of any existing cemetery at any place within the unincorporated territory of the county of Los Angeles without a permit first having been applied for and obtained from the commission. This section does not prevent the maintenance, development and operation within their present boundaries of cemeteries which were legally established on the date this article takes effect.
(Ord. No. 947, § 1, 7-13-2010)
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17.20.470 Application for permit.

Any person desiring to obtain a permit required by this article shall file a written application therefore with the director.
(Ord. No. 947, § 1, 7-13-2010)

17.20.480 Verification of application.

The president and secretary of the corporation which will be in charge of the operation of the proposed cemetery and the owner of the land to be included therein shall sign the application for a permit required by this article. Such persons shall also verify the application as provided by the Code of Civil Procedure of the state of California for the verification of pleadings in civil actions. (Ord. No. 947, § 1, 7-13-2010)

17.20.490 Contents of application.

An application for a permit required by this article shall set forth in separate paragraphs or in exhibits attached thereto the following information:

A. A list certified to be correct by affidavit or by statement under penalty of perjury pursuant to Section 2015.5. of the Code of Civil Procedure of names and addresses of:

1. All persons owning any part of the property proposed to be used as a cemetery, and

2. All persons owning property within a distance of 1½ miles of said proposed cemetery or extension of an existing cemetery where there are 50 or more buildings used either for residence or business within such distance as shown on the latest available assessment roll of the county of Los Angeles;
B. The names and addresses of the officers and directors of the corporation which will be in charge of the operation of the cemetery;
C. A map showing the exact location, exterior boundaries and legal description of the property which it is proposed to use for a cemetery and the location of all buildings, whether public or private, located within a distance of 1½ miles from the exterior boundaries of said premises, and the location and depth of all wells in said area from which domestic or irrigating water is obtained. The map shall also show the location and names of all public highways located within a distance of 1½ miles from the exterior boundaries of the said premises, and if no public highways are located within said distance then said map shall show the location and at least ½ mile of the extent of the 3 public highways having a length of at least ½ mile which are located nearest to said premises. The map shall further show the elevation in feet above sea level of the highest and lowest points in the said premises and the width, depth and location of all natural watercourses and artificial drains or conduits for the drainage of storm water located upon the said premises or within 2,000 feet from the exterior boundary thereof in any direction;
D. A financial statement of applicant showing the financial ability of applicant to establish, care for, and maintain the proposed cemetery in such a manner as to prevent the same from being a public nuisance;
E. A statement setting forth whether the said cemetery is to be established as a perpetual care or nonperpetual care cemetery, and if a perpetual care fund is to be or has been created, the amount Created: 2024-08-22 08:37:08 [EST]
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then on hand and the method, scheme or plan of continuing and adding to the same in full details sufficient to show that said cemetery will be maintained so as not to become a public nuisance. (Ord. No. 947, § 1, 7-13-2010)

17.20.500 Filing fee.

When an application is filed it shall be accompanied by the filing fee required by resolution of the city council.
(Ord. No. 947, § 1, 7-13-2010)

17.20.510 Scheduling of hearings.

The commission shall hold 2 public hearings on an application for a cemetery permit. The first such hearing shall be held within 60 days from the date the application is filed. (Ord. No. 947, § 1, 7-13-2010)

17.20.520 Notice of hearings.

Not less than 20 days prior to the date of a hearing on an application for a cemetery permit, the director shall:

A. Cause a copy of such notice to be published in a newspaper of general circulation in the county of Los Angeles, the first such publication appearing at least 20 days prior to the date of hearing as follows:

1. Ten publications within such period if in a daily newspaper, or

2. Three publications if in a weekly newspaper;
B. Cause notices of said hearing to be posted conspicuously along the exterior boundary line of said proposed cemetery, or extension of an existing cemetery, not more than 300 feet apart and at each change of direction of the said boundary line, and also in the same manner along both sides of all public highways within 1½ miles of such exterior boundaries, and in such manner as will reasonably give notice to passersby of the matters contained in such notice. The notices referred to in this subsection shall contain a copy of the notice of hearing, a rough sketch showing the boundaries of the proposed cemetery or extension of an existing cemetery, and all public highways within a distance of 1½ miles of such exterior boundaries and a statement in black face letters not less than one inch high:
"NOTICE OF PROPOSAL TO ESTABLISH CEMETERY";
C. Where there are 50 or more buildings used either for residence or business purposes within a distance of 1½ miles from such exterior boundaries of said proposed cemetery or extension of an existing cemetery, he shall cause a notice of the said hearing to be mailed by first class mail, postage prepaid, to all persons whose names and addresses appear on the verified lists of property owners required to be submitted by the applicant.
(Ord. No. 947, § 1, 7-13-2010)

17.20.530 Denial of permit.

A permit may be denied if it is found that:

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A. The establishment or maintenance of the proposed cemetery or the extension of an existing cemetery will or may jeopardize or adversely affect the public health, safety, comfort or welfare; or B. Such establishment, maintenance or extension will or may reasonably be expected to be a public nuisance; or
C. Such establishment, maintenance or extension will tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement of police, ambulance or fire equipment, and thus interfere with the convenience of the public or the protection of lives and property of the public; or
D. That the applicant through the proposed perpetual care fund or otherwise cannot demonstrate adequate financial ability to establish and maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance.
(Ord. No. 947, § 1, 7-13-2010)

17.20.540 Dedication of highways.

Before taking final action either the commission or the city council may require of the applicant any reasonable dedication of public streets or highways through the premises proposed to be used for the proposed cemetery or extension of an existing cemetery so as to prevent the same from jeopardizing the public safety, comfort or welfare, and if the time required by the commission or the city council for compliance with such conditions having been met, the commission or the city council may deny the permit. (Ord. No. 947, § 1, 7-13-2010)

17.20.550 Repeated applications.

In the event that the commission or the city council shall have denied its approval of any application heretofore or hereafter made for any permit provided for herein no new or further applications for any such permit shall be made to establish or extend a cemetery upon the same premises, or any portion thereof, as described in such previous applications, until the expiration of one year from and after the date of the denial of such approval.
(Ord. No. 947, § 1, 7-13-2010)

17.20.560 Assignment.

No permit granted as a result of any such application shall be assignable prior to the actual establishment of such cemetery or extension of any existing cemetery, nor shall such permit be used by any other person than applicant in the establishment of such cemetery or extension of an existing cemetery. (Ord. No. 947, § 1, 7-13-2010)

17.20.570 Minor expansion.

Where an application is filed requesting a cemetery permit for the expansion of the boundaries of an existing cemetery and the area of such proposed expansion: (1) will not exceed the lesser of 10 percent of the area of the existing cemetery, or 5 acres; and (2) was owned by the cemetery association at the time the existing cemetery was established; and (3) will not extend beyond natural or constructed barriers such as streets and highways, Created: 2024-08-22 08:37:09 [EST]
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watercourses, drainage channels, and ravines; and (4) no previous expansion has been approved for the existing cemetery utilizing the modified application and notification requirements of this section, the applicant may:

A. Substitute a distance of 700 feet in lieu of the 1½ mile distance for the certified list of names and addresses required to be submitted by subsection A.2. of Section 17.32.460; and B. Substitute a distance of 700 feet in lieu of the 1½ mile distance for maps required by subsection C of Section 17.32.460; and
C. Substitute a distance of 700 feet in lieu of the 1½ mile distance for posting notices of hearing along public highways as required by subsection B of Section 17.32.490; and D. Where there are 50 or more buildings used either for residence or business purposes within a distance of 1½ miles from such exterior boundaries of said proposed expansion, the applicant shall cause a notice of the said hearing to be mailed by first class mail postage prepaid, to all persons whose names and addresses appear on the verified lists of owners of property within 700 feet of such expansion, which list is required to be submitted by the applicant. (Ord. No. 947, § 1, 7-13-2010)

17.20.580 Reduction in boundaries.

Where an application is filed requesting a cemetery permit for a reduction in boundaries of an existing cemetery never used the applicant may:

A. Substitute a distance of 700 feet for filing and application requirements as provided in the case of minor expansions by subsections A, B, C, and D of Section 17.20.560; and B. Delete the information required by subsections D and E of Section 17.20.480. (Ord. No. 947, § 1, 7-13-2010)
Article VII. Specific Plan (SP) Zone

17.20.590 Purpose and intent.

The purpose and intent of the SP zone is to provide the means necessary to implement the city general plan; whether it is solely the SP designation, or in conjunction with any other general plan land use designation as set forth in the text of the general plan, and as delineated on the general plan map. The specific plan zone is intended to be in accordance with applicable goals, objectives, policies and specific actions set forth by the plan. It is the intent of the SP zone that specific plans be prepared to regulate the use and development of property prior to, or in conjunction with, the review of development and subdivision proposals. It is intended that these specific plans be comprehensive and cover a logical planning area so that development in the SP zone occurs in a coordinated fashion, with adequate public/private services and infrastructure, rather than as a series of isolated individual projects. It is further intended that these specific plans provide the opportunity for unique and creative designs that are not possible under the city's typical development regulations.

Where so specified on the general plan map, the land use category shall determine the type of land use permitted and/or the density range for the specific plan. Where the SP zone is specified without a land use designation on the general plan map, the specific plan shall include a comprehensive proposal for development, which may include but is not limited to, a variety of mixed land uses and standards to enhance and protect the physical features of the site and surrounding areas.

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It shall also be the intent of the SP zone to allow certain individual uses on property where no specific plan has been adopted when such uses will not adversely affect the surrounding area or the city's ability to adopt a future specific plan for the area.
(Ord. No. 947, § 1, 7-13-2010)

17.20.600 Prohibition.

A person shall not use any premises in the SP zone except as hereafter permitted in this title and subject to all regulations and conditions enumerated in this title. Where a specific plan has been adopted by the city, it shall supersede all regulations contained in this article.
(Ord. No. 947, § 1, 7-13-2010)

17.20.610 Permitted uses.

The following uses are permitted within the SP zone:

A. Agricultural crop production, including necessary on-site processing, sales and storage facilities; provided, that no sludge or biosolid material shall be applied to any land as a soil amendment; B. Continued operation of existing uses, including residences, which were legally established prior to the adoption of the SP zone on August 3, 1992. Residences in the C, LI, or HI general plan land use designations may be expanded by a maximum cumulative total of 500 square feet of living area. This size limit does not apply accessory dwelling units and junior accessory dwelling units subject to Chapter

17.41, Article I. Residences within the UR, MDR or HDR land use designations may be expanded without limitation provided that all applicable property development regulations are met.

C. Mobilehome on an existing vacant legal lot, in accordance with the design standards as established in Section 17.08.370, with a general plan land use designation of UR, MDR or HDR.

D. Single-family residence on an existing vacant legal lot, including all typical accessory uses and structures, with a general plan land use designation of UR, MDR or HDR.

E. Public and quasi-public facilities necessary for the health, safety and welfare of the public, including but not limited to communication facilities, fire stations and utilities.

F. Re-use of existing vacant premises with new use consistent with the land use designation, including site or structural improvements necessary to meet current codes. (Ord. No. 947, § 1, 7-13-2010; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.20.620 Uses subject to director's review and approval.

If site plans or other pertinent information for the proposed use are first submitted to and approved by the director in accordance with Article I of Chapter 17.32 and Section 17.20.680, premises in the SP zone may be used for the following uses:

A. Establishment of a new use that is not consistent with the underlying land use designation only when:

1. The use will occupy an existing developed site that is appropriate for the use; and

2. The use will not be detrimental to other uses or property in the surrounding area.

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B. Expansion of a legally established commercial or industrial use where the use is consistent with the general plan land use designation of C, LI or HI.

C. Home occupation subject to the provisions of Section 17.08.320.

D. One dwelling unit, in accordance with Section 17.16.040, used for residence by a caretaker and his immediate family, where there is a legally operating use that requires continuous supervision on a site with a general plan land use designation of LI or HI.

E. Raising, training, breeding of animals, including all necessary facilities; slaughtering and packaging operations may be allowed only where the underlying land use is HI provided that no sludge or biosolid material shall be applied to any land as a soil amendment. (Ord. No. 947, § 1, 7-13-2010)

17.20.630 Uses subject to conditional use permit.

Property within the SP zone may be used for the following uses provided that a conditional use permit has first been obtained in accordance with Article I of Chapter 17.32 and Section 17.20.680:

A. Churches, temples, or other places used exclusively for religious worship, including incidental education and social activities on a lot with a general plan land use designation of UR, MDR, HDR or C; B. Day care center;
C. Schools, through grade 12 on a site with a general plan land use designation of UR, MDR or HDR; D. Recreational facilities, including parks;
E. Warehousing and mini-storage, including outdoor storage and construction yards subject to screening standards of the corresponding zone on a lot with a general plan land use designation of LI or HI. (Ord. No. 947, § 1, 7-13-2010; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.20.640 Interpretation.

Where a conflict in interpretation occurs regarding application of Section 17.20.600, 17.20.610, 17.20.620 or

17.20.640 to any specific case the director shall determine the interpretation. (Ord. No. 947, § 1, 7-13-2010)

17.20.650 Specific plan required.

An applicant seeking to subdivide property, or to develop or use property in an SP zone except as otherwise allowed by this title, shall present a proposal to the Department of Community Development for a specific plan which complies with the specific plan provisions of California Government Code, Article 8, Section 65450 et seq. An application for a specific plan shall be filed with the Department of Community Development on a form prescribed by the director and shall include such information, maps and data as determined necessary by the director to afford a complete analysis of the proposal and to be in conformance with state law. (Ord. No. 947, § 1, 7-13-2010)
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17.20.660 Fee required.

When an application is filed for a specific plan it shall be accompanied by the filing fee established for a zone change by resolution of the city council.
(Ord. No. 947, § 1, 7-13-2010)

17.20.670 Property development regulations.

A. Any development within the SP zone, including establishment or enlargement of uses, buildings or structures, shall comply with the property development regulations of the zoning classification that corresponds to the general plan land use designation on the site.

B. Residential projects and mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use shall be subject to the objective design standards in Chapter 17.41, Article IV and those objective design standards contained within an applicable master plan or specific plan. If there is a conflict between the objective design standards in Chapter 17.41, Article IV and those in the applicable master plan or specific plan, the standards of the master plan or specific plan shall prevail.
(Ord. No. 947, § 1, 7-13-2010; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.20.680 Signs.

Signs shall be allowed within the SP zone subject to the requirements of the zoning classification that corresponds with the general plan land use designation of the site. Off-premises advertising signs, including billboard relocations, are strictly prohibited in the SP zone. Uses subject to conditional use permit shall be required to prepare a comprehensive sign plan to regulate the placement of signage. (Ord. No. 947, § 1, 7-13-2010)

17.20.690 Findings for director's review and conditional use permit.

In approving an application for director's review or conditional use permit, the following findings shall be made in addition to the findings specified elsewhere in this title:

A. The proposed use will not adversely affect the ability of the city to adopt a comprehensive specific plan on, or in the vicinity of, the subject property.

B. The proposed use will not result in further subdivision of the subject property. (Ord. No. 947, § 1, 7-13-2010)
Article VIII. Senior Mobilehome Park Overlay (MHP-S) Zone

17.20.700 Purpose and intent.

The purpose and intent of the MHP-S overlay zone is to implement the senior mobilehome park requirements as set forth in Section 17.08.305 of the Lancaster Municipal Code. Properties designated with the MHP-S overlay zone shall conform to the requirements of Section 17.08.305 of the Lancaster Municipal Code and Created: 2024-08-22 08:37:09 [EST]
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related requirements applicable to senior mobilehome parks as set forth in Title 17 of the Lancaster Municipal Code.
(Ord. No. 947, § 1, 7-13-2010)

17.20.710 Prohibition.

A person shall not use any premises in the MHP-S zone except as hereafter permitted in this title and subject to all regulations and conditions enumerated in this title. (Ord. No. 947, § 1, 7-13-2010)

17.20.720 Permitted uses.

The following uses are permitted in the MHP-S zone subject to stated regulations and conditions:

A. Senior mobilehome park as defined in Section 17.04.240 and subject to all requirements as set forth in Section 17.08.305.
(Ord. No. 947, § 1, 7-13-2010)
Article IX. Housing Density Overlay (HD-O) Zone

17.20.730 Purpose and intent.

The purpose and intent of the Housing Density Overlay Zone (HD-O) is to provide flexibility and opportunities for additional housing types by providing means to achieve a higher maximum allowed density than would otherwise be allowed by the underlying zoning.
(Ord. No. 1090, § 3(Exh. A), 6-28-2022)

17.20.740 Applicability of standards.

The Housing Density Overlay Zone standards apply only to locations designated on the zoning map with a Housing Density Overlay Zone. A Housing Density Overlay Zone may only be applied to properties within the HDR, C, and CPD zones, upon application by a project proponent or the City, consistent with the provisions of Chapter

17.24. (Ord. No. 1090, § 3(Exh. A), 6-28-2022)

17.20.750 Development regulations.

Properties designated with the Housing Density Overlay zone shall conform to all standards established within the underlying zone where the overlay is applied, with the following exception:

1. Maximum Density. Residential density shall not exceed fifty (50) dwelling units per acre. (Ord. No. 1090, § 3(Exh. A), 6-28-2022)
Article X. East Side Overlay Zone (EOZ) District
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17.20.760 In general.

As used in this title "East Side Overlay Zone District" applies to property designated on the zoning map by reference letters "EOZ" after the reference letter(s) identifying the base zoning district.

The base district is zoned Rural Residential-2.5 (RR-2.5), intended for rural single-family residential use, allowing one dwelling unit per minimum net area of 100,000 square feet. (Ord. No. 1105, § 4(Exh. A), 9-12-2023)

17.20.770 Purpose and intent.

The purpose and intent of the EOZ District is to establish allowed use provisions and requirements for areas of the city where the specified light industrial uses and rural residential are compatible. The purpose and intent of the EOZ District is also to provide the means necessary to implement the City of Lancaster general plan, specifically: the "light industry" category, where compatible with the base district rural residential uses, the "nonurban residential" category (zoned RR-2.5). (Ord. No. 1105, § 4(Exh. A), 9-12-2023)

17.20.780 Permitted uses—East Side Overlay zone.

Permitted uses for the East Side Overlay are listed below. In the event of a conflict between allowed uses for this district and the allowed uses of the underlying base zoning district, the allowed uses for the East Side Overlay Zone District shall apply. Uses which do not fall into any other category, and are not temporary or accessory uses, uses subject to director's review, or uses subject to permit in this EOZ District, that are consistent with the purpose and intent of this overlay and similar to other uses permitted herein shall be determined by the director.

East Side Overlay—Uses Matrix
Definition
P = Permitted Use; DR = Director's Review; C = Conditional Use Permit; N/A = Not Allowed A. Permitted Uses.

Permitted Use (P), Director's Review (DR) and Conditional Use Permit (CUP) include those listed within the RR2.5 Zone (Section 17.08.050), unless specifically addressed within the East Side Overlay District.

Alcohol Production - Brewery, Winery, or Distillery P
Contractor Storage Yard - Indoor and Outdoor P
Research and Development P
B. Accessory Uses.

Permitted Use (P) and Director's Review (DR) Accessory Uses include those listed within the RR-2.5 Zone (Section 17.08.050), unless specifically addressed within the East Side Overlay District.

C. Temporary Uses.

Permitted (P) and Director's Review (DR) Temporary Uses include those listed within the RR-2.5 Zone (Section

17.08.050), unless specifically addressed within the East Side Overlay District.

D. Other Uses.

This category includes those uses which do not fall into any other category, and are not temporary or accessory uses, uses subject to the Director's Review, or uses subject to permit in this zone, which the Director deems the use consistent with the purpose and intent of this overlay and similar to other uses permitted herein.

To be
determined by
the Director
E. Uses Subject to Conditional Use Permits.

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Alternative Energy Uses C
Automobile, Boat, Equipment, Motorcycle, Truck, Tractor, Service, Repair, Accessories and Parts
C
Buildings and Structures over 50 feet in height (any use) C Building Trades and Related Uses C
Distribution C
Food Manufacturing, Processing, Wholesale Sales and Storage C Light Manufacturing C
Warehousing C
F. Prohibited Uses.

Commercial Cannabis Facilities N/A
(Ord. No. 1105, § 4(Exh. A), 9-12-2023)

17.20.790 Use descriptions.

All uses are subject to any stated exceptions, development requirements, and standard city approval process.

Alcohol Production - Brewery, Winery or Distillery. This category includes establishments where beer, wine, and/or other spirts are prepared, bottled, stored, and sold for on- or off-site consumption. Tasting rooms or seating areas may be provided on-site. Tasting room/seating areas shall be limited up to 25% of the floor space area.

Alternative Energy Uses. This category includes both solar photovoltaic electric generation facility (solar farms), hydrogen production and generation facilities and other similar uses. Solar uses in the EOZ District must comply with regulations set forth in Section 17.08.290, Solar Farms. All hydrogen production, storage, and transport activities must comply with federal and state regulations.

Automobile, Boat, Equipment, Motorcycle, Truck, Tractor, Service, Repair, Accessories and Parts. This category includes, but is not limited to body and frame shops, auto upholstery shops, brake shops, muffler shops, radiator shops, repair shops. All activities shall be conducted within an enclosed building.

Building Trades and Related Uses. This category includes, but is not limited to cabinet making, carpenter shop, engineers and surveyors, and landscape materials (including nurseries). This land use excludes batch plants and concrete transit mix uses.

Contractor Storage Yards. This category includes outdoor storage area used for the storage of the equipment, vehicles, or other materials while not in use. Contractor storge yards may include administrative offices and other accessory uses directly related to the business on the property.

Distribution. Includes facilities primarily engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by air, rail or motor vehicle, but excludes truck terminals. All storage activities shall be conducted within an enclosed building.

Food Manufacturing, Processing, Wholesale Sales and Storage. This category includes but is not limited to breweries, coffee roasting, dairy products, fruit and produce, malt products, meat processing, oleomargarine, sodium glutamate, soft drinks, vitamin tablets, and similar uses. All such uses shall be conducted within an enclosed building. This category does not include dairies, lard manufacturing, pickles, sausage, sauerkraut, slaughter houses, distillation of vinegar, or the canning of other fish or meats and similar uses; these uses are specifically excluded. All such uses shall be conducted within an enclosed building.

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Light Manufacturing. This category includes any kind of manufacturing, processing, or treating of products which are not obnoxious or offensive by reason of the emission of odor, dust, smoke, gas, noise, or other causes.

Typical uses include, but are not limited to, cabinet/carpenter shops, garment manufacturing, machine shops, and textile manufacturing. All activities shall be conducted within an enclosed building.

Research and Development. This category includes but is not limited to laboratories and facilities for scientific research, development, and testing, including use of hazardous materials in compliance with local, state, and federal regulations. Ancillary administrative offices are permitted. Agricultural and biological research involving sludge or biosolid material shall be conducted only within an enclosed building or suitable containment vessel.

Warehousing. Includes facilities primarily engaged in the storage of goods and materials in a building and does not include the assembly or manufacture of goods and materials. (Ord. No. 1105, § 4(Exh. A), 9-12-2023)

17.20.800 Parking requirements.

The automobile parking facilities required by this section shall be provided and permanently maintained as such. The following parking requirements shall be complied within the East Side Overlay zone:

Use Parking
Base Zone Use (including permitted, Director's Review,
and conditional uses)
Uses shall include, but are not limited to the uses
within the RR-2.5 zone Section 17.08.050, unless
specifically addressed within the Overlay
Refer to Section 17.08.100
Alternative Energy Uses To be determined by the Director with consideration for the number of employees and visitors reasonably
expected for the particular use, as sufficiently
demonstrated in the applicable land use application
Automobile, Boat, Equipment, Motorcycle, Truck,
Tractor, Service, Repair, Accessories and Parts
1 parking space for each 400 square feet and 4 parking
spaces for each service bay
Building Trades and Related Uses 1 parking space for each 400 square feet Distribution A minimum of 5 parking spaces for warehouses with a gross floor area up to 25,000 square feet: and for
warehouses with a gross floor area in excess of 25,000
square feet, a minimum of 5 parking spaces plus one
additional space for each 5,000 square feet or fraction thereof over and above 25,000 square feet
Food Manufacturing, Processing, Wholesale Sales and
Storage
1 parking space for each 400 square feet
Light Manufacturing 1 parking space for each 400 square feet Research and Development 1 parking space for each 250 square feet of gross floor area
Warehousing A minimum of 5 parking spaces for warehouses with a gross floor area up to 25,000 square feet: and for
warehouses with a gross floor area in excess of 25,000
square feet, a minimum of 5 parking spaces plus one
additional space for each 5,000 square feet or fraction thereof over and above 25,000 square feet
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Other Uses
This category includes those uses which do not fall
into any other category, and are not temporary uses,
uses subject to Director's Review, or uses subject to
permit in this zone, which the director deems the use
consistent with the purpose and intent of this overlay
and similar to other uses permitted herein
To be determined by the director with consideration
for the number of employees and visitors reasonably
expected for the particular use, as sufficiently
demonstrated in the applicable land use application
Reduction in Parking. Reduction in the number of parking spaces required by this code may be permitted with approval of the director. The developer, property owner, or authorized agent shall determine the number of parking spaces sufficient for the proposed use and shall provide justification acceptable to the director of and/or the planning commission to support the determination.
(Ord. No. 1105, § 4(Exh. A), 9-12-2023)

17.20.810 Development standards.

A. General Development Standards. Property in the EOZ shall be subject to the following general development standards:

Front Yard Setback 20 feet
Interior Side Yard Setback 10 feet
Street Side Yard Setback 20 feet
Rear Yard Setback 10 feet
Maximum height of structure without a CUP 50 feet
Maximum Floor Area Ratio (F.A.R.) .50

1. No building may be constructed which would shade any existing active solar energy system on adjoining property without the consent of the affected property owner (Refer to Section 17.04.240).

2. Buildings and structures over 50 feet in height shall be subject to a conditional use permit.

3. Proposed projects within 100 feet of an existing residential use shall be required to mitigate detrimental or potentially detrimental impacts to the reasonable use of the residential property, to the satisfaction of the director. Additional requirements based on proximity to existing residential uses are outlined in Section I, below.

B. Paving. Required parking areas, as well as the maneuvering areas and driveways used for access thereto shall be paved with: (NOTE: Permits are required for any work done in the public right-of-way.)

1. Concrete surfacing to a minimum thickness of 3½ inches with expansion joints as necessary; or

2. Asphalt surfacing, rolled to a smooth, hard surface having a minimum thickness of 2 inches after compaction, and laid over a base of crushed rock, gravel or other similar material compacted to a minimum thickness of 4 inches.

3. For commercial and industrial truck parking and drive aisles, asphalt surfacing rolled to a smooth hard surface having a minimum thickness of 3 inches after compaction and, at a minimum, designed to accommodate a traffic index (TI) of 6.5 as calculated in accordance with the latest edition of the CalTrans Highway Design Manual. Large industrial projects may need a greater TI based upon their use.

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4. Other alternative material that will provide at least the equivalent in dust-free service, life and appearance of the materials and standards which would be employed for development.

5. The director shall review and report on the adequacy of paving where modification of base is proposed, or where alternative materials are proposed. The director may approve such modification or such alternative materials.

3. No parking shall occur in the first 10 feet of a required front or street side yard.

4. Where parking abuts an alley, the improved alley may be used as an aisle subject to approval of the parking lot design.

5. For parallel parking, minimum aisles are 12 feet and minimum parking space dimensions are 8 feet by 24 feet.

D. Landscaping.

1. Landscape designs shall be consistent throughout a project site. A combination of landscape materials should be arranged in a harmonious manner as an integral part of project design to enhance building design, public view, and interior spaces and provide buffers and transitions as needed. Unrelated and random choice or placement of plant materials shall be avoided; however, variety may be employed to intensify distinction between spaces or to strengthen a sense of place or movement, or to promote energy and water conservation and mitigate erosion.

2. The type, scale and proportion of landscape materials shall be appropriate to the site and/or structures to which they relate.

3. Plant material shall be selected for interest in its structure, texture, color, ultimate growth and water efficiency. Plants that are native or climate adaptive to the high desert area of Lancaster and/or others that will be hardy, harmonious with project design, and of good appearance, shall be used. Droughtresistant varieties of plants shall be used wherever feasible. Turf shall not be permitted. Droughtresistant varieties of plants shall be used in accordance with Title 8, Chapter 8.50, Landscaping Installation and Maintenance of the Lancaster Municipal Code.

4. Landscaped areas shall be irrigated by an automatic system with separate stations for each hydrozone.

The irrigation system shall be designed and equipped to incorporate water conservation techniques such as drip systems, moisture sensors and anti-drain valves. Sprinkler systems shall be designed to prevent water from falling onto impervious surfaces. The system shall comply with Title 8, Chapter

8.50, Landscaping Installation and Maintenance of the Lancaster Municipal Code.

5. All areas within the site which are not needed for buildings, sidewalks, vehicle access or parking, shall be landscaped.

6. All landscaped planter areas shall be completely bordered by a 6-inch P.C.C. curbing to prevent irrigation runoff and act as a wheel stop where necessary. Where used as a wheel stop, the 6-inch curb may be counted toward the required length of the parking space.

7. All interior areas of parking lots shall be landscaped with a minimum of one shade tree plus one shade tree for each 4 parking spaces along with the other plant materials.

8. Not less than 10% of the lot area remaining after the area to be covered by buildings has been subtracted from the total lot area, shall be landscaped.

E. Wall and Fences.

1. Wall and fences shall not exceed 6 feet in height. A fence or wall may be constructed to a height in excess of 6 feet with a director's review.

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2. Prohibited Materials. Fiberglass sheeting, bamboo sheeting, black or green fabric, barbed wire, razor ribbon, or other similar temporary material shall not be permitted as a fencing material. In the case of temporary construction fencing for properties with an active building permit in good standing, black, green or other colored fabric may be installed to the satisfaction of the director.

F. Signs.

1. Comprehensive sign programs for multi-tenant projects or an individual sign plan for single-tenant projects must be submitted to and approved by the director. Sign plans must be fully dimensioned including the proposed sign location(s), elevations, colors, and materials.

2. Prohibited signs include those listed in Section 17.16.150, Signs—General Provisions. Off-premises outdoor advertising signs are also prohibited.

3. Signs should comply with the standards set forth in the following sections:
• Section 17.16.150, Signs—General Provisions
• Section 17.16.160, Business Signs
• Section 17.16.170, Building Identification Signs
• Section 17.16.180, Temporary Signs
• Section 17.16.190, Directional and/or Information Signs • Section 17.16.200, Special Purpose Signs
G. Height regulations. The height of buildings or structures shall be as follows:

1. No building or structure shall exceed a height of 50 feet;

2. No building may be constructed which would shade any existing active solar energy system on adjoining property without the consent of the affected property owner. (See subsection 1 in the definition of solar energy system in Section 17.04.240.) H. Noise. Uses which generate noise by the nature of their function and/or processes shall be required to demonstrate that the noise levels emitted from the use shall not exceed 65 dBA at any property line. A detailed noise attenuation study by a qualified acoustical engineer may be required by the director or his designated representative to determine appropriate mitigation and methods to incorporate same into project design. Site design methods which may be utilized to reduce noise include:

1. The use of building setbacks and dedication of noise easements to increase the distance between the noise source and receiver;

2. The location of uses and orientation of buildings which are compatible with higher noise levels adjacent to noise generators or in clusters to shield more noise-sensitive areas and uses;

3. The placement of noise-tolerant land uses, such as parking areas, between the noise source and receiver;

4. The placement of noise-tolerant structures, such as garages or carports, to shield noise-sensitive areas;

5. Clustering of office or commercial structures to reduce interior open space noise levels.

I. Additional Standards—Adjacent to Residential Use.

1. When abutting or adjacent to an existing residential use, the following requirements shall also be applied:

1. Artificial lighting used to illuminate the premises shall be directed away from adjacent residential use.

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2. No signs shall be placed in a manner which visually intrudes into adjoining residential use.

3. Trees shall be utilized as a means of improving the interface between commercial and residential uses where appropriate.

4. A minimum 10-foot wide landscape setback shall be required along property lines abutting or adjacent to a residential use.

5. Where multi-story buildings or buildings taller than 35 feet are to be utilized on lots abutting an existing residential use property, such buildings shall be located or oriented in a manner which will minimize visual intrusion into neighboring residential use property.

6. Noise generating elements including loading docks shall be oriented away from residential uses and may require additional setbacks.

7. When abutting or adjacent to an existing residential use, the following additional setback requirements shall also be applied:
a. An additional 10-foot setback from the property line abutting or adjacent to residential uses;
b. Multi-story buildings or buildings taller than 35 feet along the property line abutting or adjacent to the residential uses shall include an additional 5-foot setback for every story or every additional 5 feet in height.
(Ord. No. 1105, § 4(Exh. A), 9-12-2023)

17.20.820 Additional standards.

A. All uses shall comply with the air quality standards of the Air Quality Management District (AQMD) or the City of Lancaster, whichever is more restrictive.

B. Light industrial uses within the "East Side Overlay Zone District" shall be compatible with adjacent existing uses through proper site planning, building design, and landscaping. (Ord. No. 1105, § 4(Exh. A), 9-12-2023)
Chapter 17.24 ZONE CHANGES AND ZONE MAP

17.24.010 Highways.

Whenever the zoning maps, whether added thereto before or after the effective date of this section, show any lot or area within any particular zone, such zone shall extend to the center of every adjoining road, street, alley, parkway, or highway. While such road, street, alley, parkway or highway remains a public highway, street, alley, parkway or road used in a manner similar to a public highway, it may be used for any compatible use.

The parking of any commercial vehicle as defined in the Vehicle Code weighing more than 6,000 pounds unladen in any residential zone for more than 2 hours at any one time is not a compatible highway use except for:

A. Necessary loading and unloading;
B. Vehicles engaged in performing a service activity on the adjacent lot or parcel of land; C. Vehicles used in conjunction with a lawful commercial use on the adjacent lot or parcel of land; D. Vehicles used during the construction of buildings or structures on the adjacent lot or parcel of land; Created: 2024-08-22 08:37:09 [EST]
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E. Vehicles engaged in construction or maintenance within the street, alley, parkway or highway. (Prior zoning ord. § 302)

17.24.020 Savings and loan certificates.

If any provision of this title requires the filing of any bond as a prerequisite to any particular use of any property, the person making or proposing to make such use may in lieu of such bond deposit with the city clerk and assign to the city savings and loan certificates or shares equal in amount to the required amount of the bond.

Such deposit and assignment shall comply with all of the provisions and conditions of said Article III E of said Ordinance No. 4099.
(Prior zoning ord. § 305)

17.24.030 Satisfaction of final judgment.

If any provision of this title requires the filing of any bond as a prerequisite to any particular use of any property, and either requires that such bond include as obligee a person other than, and in addition to the city or that a policy of insurance be filed and no policy of insurance is filed, or that such bond include as obligee a person other than, and in addition to the city with no alternative, a person who deposits and assigns savings and loan certificates or shares in lieu of such bond also shall file a written agreement with the city council that the city may satisfy, either in whole or in part, from such certificates or shares, any final judgment, the payment of which would have been guaranteed by such bond or policy of insurance. (Prior zoning ord. § 305.1)

17.24.040 Zone changes and amendments—Authority for.

Zone changes and amendments may be initiated to change zones, to alter the boundaries of districts, to impose regulations not previously imposed, and to remove or modify any regulation already imposed, whenever the city council finds that the public convenience, the general welfare, or good zoning practice justifies such action.

All such zone changes and amendments shall be made pursuant to the provisions of this and Title 7 of the Government Code.
(Prior zoning ord. § 306)

17.24.050 Zone changes and amendments—Initiation of.

Hearings of zone changes or amendments may be initiated:

A. If the city council instructs the commission to set the matter for a hearing, report and recommendation;
B. Upon the initiative of the commission; or
C. In the case of a zone change, upon the filing of a petition as provided in Sections 17.24.060—

17.24.090.
(Prior zoning ord. § 307)
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17.24.060 Zone change—Petition for.

Any person owning or having such other interest in property as specified in subsection B of Section 17.24.070 may file a petition for a change of zone with the director, except that a person may not file, and the director shall not accept a petition which is the same as, or substantially the same as, a petition upon which final action has been taken either by the commission or by the city council within one year prior thereto. (Prior zoning ord. § 308)

17.24.070 Zone change—Contents of petition.

A petition for a change of zone shall contain the following information and such other information as is requested by the director.

The director may reject any petition that does not supply the information requested herein:

A. Name and address of the applicant;
B. Evidence that the applicant:

1. Is an owner of all or a portion of the property involved, or

2. Has written permission of an owner of all or a portion of the property involved to make such application, or

3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or

1. Maps in the number prescribed and drawn to a scale specified by the director, showing the location of all property included in the request for action, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of the property described in the petition,

2. One copy of the said map shall indicate the uses established on every lot or parcel of land shown within the said 700 foot radius,

3. A list, certified to be correct by an affidavit or by a statement under penalty of perjury pursuant to Section 2015.5. of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject property and as owning property within a distance of 500 feet from the exterior boundaries of the property described in the petition. One copy of the map shall indicate the ownership of said lots or parcels of land;
G. Indicate the conditions which warrant the change of zone; H. If the change of zone as requested will permit any uses prohibited by the existing zoning, will such change of zone result in a need for a greater water supply for adequate fire protection and what are the existing proposed sources of such an adequate water supply; Created: 2024-08-22 08:37:09 [EST]
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I. Such other information as the director may require.

The accuracy of all information, maps and lists submitted shall be the responsibility of the applicants.
(Prior zoning ord. § 308.3)

17.24.075 Zone change—Existing mobilehome park.

Any petition for a change of zone that will result in the closure or conversion of an existing mobilehome park to another use shall comply with the requirements of Section 65863.7 of the Government Code of state of California and Chapter 11.12 of this code.
(Ord. 879 § 1 (part), 2007)

17.24.080 Zone change—Burden of proof.

In addition to the information required in the petition by Section 17.24.070, the applicant shall substantiate to the satisfaction of the commission the following facts:

A. That modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration; and
B. That a need for the proposed zone classification exists within such area or district; and C. That the particular property under consideration is a proper location for said zone classification within such area or district; and
D. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare and in conformity with good zoning practice. (Prior zoning ord. § 308.5)

17.24.090 Zone change—Fee.

Each petition for a change of zone shall be accompanied by the filing fee required by resolution of the city council.
(Prior zoning ord. § 308.7)

17.24.100 Zone change—Study of additional area.

Where a petition is filed requesting a change of zone the director or the commission may elect to include additional property within the boundaries of the area to be studied when, in his/its opinion, good zoning practice justifies action.
(Prior zoning ord. § 308.8)

17.24.110 Zone changes and amendments—Commission hearing.

In all cases where a zone change or amendment is initiated, the commission shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure provided by Section 17.36.020A.

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(Prior zoning ord. § 309)

17.24.120 Zone change—Commission findings and decision.

In making its recommendation relative to a proposed change of zone the commission shall consider the following principles and standards:

The commission shall recommend approval or denial where the information submitted by the applicant and/or presented at public hearings substantiates or fails to substantiate such findings to the satisfaction of the commission.
(Prior zoning ord. § 309.1)

17.24.130 Zone change—Water supply.

In addition to the principles and standards enumerated in Section 17.24.120, the commission, in determining its recommendation for a change of zone, shall consider whether or not the change of zone under consideration if adopted will result in a need for a greater water supply for adequate fire protection and, if so, what are the existing and proposed sources of such an adequate water supply. The commission may request that the forester and fire warden or county engineer, or both, supply it with all facts, opinions, suggestions and advice which may be material to reaching a decision on any or all matters mentioned in this section. (Prior zoning ord. § 309.3)

17.24.140 Amendments—Commission findings and decision.

In making its recommendation relative to a proposed amendment other than a zone change, the commission may recommend approval where the information presented at public hearing shows that such amendment is necessary to implement the general plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.
(Prior zoning ord. § 309.5)

17.24.150 Zone changes and amendments— Commission recommendation.

A recommendation by the commission relative to a zone change or amendment shall be by resolution carried by the affirmative vote of not less than 3 of its members. Such recommendation is final and conclusive and may not be reconsidered by the commission except upon a referral by the city council. (Prior zoning ord. § 309.7)
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17.24.160 Zone changes and amendments— Notice of commission action.

The commission shall serve a notice of its action in the manner prescribed by Section 17.36.020C. (Prior zoning ord. § 309.9)

17.24.170 Zone changes and amendments— Council hearing.

After receipt of the commission's recommendation, the city council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.36.020A, provided, however, that if the planning commission has recommended against the approval of an amendment other than a zone change, the city council shall not be required to take further action. In the case of a change of zone where the commission has recommended denial, the action of the commission shall become final unless an interested party appeals the commission's decision in accordance with Section 17.36.030 to the city council. (Prior zoning ord. § 310)

17.24.180 Zone changes and amendments— Modification of commission's recommendation.

Before changing or modifying a commission recommendation involving a zone change or amendment, the city council shall refer the proposed modification to the commission for report and recommendation. Failure of the commission to report within 40 days after such referral or such longer period of time designated by the city council, shall be deemed to be approved by the commission of the proposed modification. (Prior zoning ord. § 310.3)

17.24.190 Zone changes and amendments— Notice of council decision.

The city council shall serve a notice of its action in the manner prescribed by Section 17.36.020C. (Prior zoning ord. § 310.5)

17.24.200 Zoning map.

A. Title. The zoning map shall be known as the "Zoning Map of the City of Lancaster" hereinafter referred to as the "zoning map."
B. Purpose. It shall be the purpose of the zoning map of the city to graphically represent the geographical location and appropriate designation of the zones listed in Section 17.04.100.

C. Zone Designations. Zone designations used to identify specific zones on the zoning map shall be in the form of symbols as listed in Section 17.04.100 (i.e., the rural residential zones are represented by the symbols SRR, RR-1 and RR-2.5).

D. Zone Boundaries. Unless otherwise specified zone boundaries shall utilize section lines, lot or property lines, right-of-way lines, centerlines of streets, city limit lines, or extensions of such lines. Centerlines of streets shall be the preferred boundary when properties on opposing sides of a street are not within the same zone.

E. Lots Located Within More Than One Zone. Where a lot is located in more than one zone, the director shall determine which zone shall apply to the entire lot.

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F. Establishment of the Zoning Map. The zone designations and boundaries are established as shown on the map(s) entitled "Zoning Map of the City of Lancaster," dated with the effective date of the establishing ordinance and signed by the mayor and the city clerk.

G. Zoning Map Changes. Changes to the zoning map shall be consistent with the goals, objectives, policies, classifications, standards and programs of the adopted city general plan and the general plan map. Such changes shall be accomplished by ordinance as specified by Sections 17.24.040—17.24.190.

Once a change has been approved by the city council, the director shall cause the zoning map to be modified in accordance with the amending ordinance. The number of the case file and the date of adoption shall be endorsed on the margin of the zoning map.
(Ord. 839 § 1 (Exh. A § 7), 2005; Ord. 651 § 8, 1993; prior zoning ord. §§ 320.000—320.060) Chapter 17.28 YARDS AND HIGHWAY LINES

17.28.020 Yards and highway lines.

A. Intent and Purpose. In order to provide for adequate open spaces and the admission thereto of light and air, and to provide adequate visibility to the operators of motor and other vehicles along streets, highways and parkways, and at the intersection thereof, the yards provided in Chapters 17.08 through 17.20, and the yards and highway lines provided for in this chapter, are created and established as part of a comprehensive system of yard and highway lines covering the unincorporated territory of the county.

B. Prohibition. A person shall not use any building, structure, equipment or obstruction within any yard or highway line except as hereinafter specifically permitted in this title and subject to all regulations and conditions enumerated in this title.
(Prior zoning ord. §§ 451—451.2)

17.28.030 Yards.

A. To Exclude Drainage Easements. Where a lot or parcel of land includes a portion of a required drainage channel easement, any required yard which would normally fall within such easement shall be located outside of and abutting the easement within the lot or parcel.

B. Projections Permitted in Yards. The following projections are permitted in required yards subject to the provisions of this title and of Ordinance No. 2225 (Building code). Projections specified are permitted only where also authorized by said Building Code.

1. Eaves and cantilevered roofs may project a maximum distance of 2½ feet into any required yard provided:
a. That such eaves or cantilevered roofs are not closer than 2 1/2 feet to any lot or highway line; and
b. That no portion of such eaves or cantilevered roofs is less than 8 feet above grade; and c. That there are no vertical supports or members within the required yard.

2. Fireplace structures, not wider than 8 feet measured in the general direction of the wall of which it is a part, buttresses and wing walls may project a maximum distance of 2½ feet into any required yard provided:

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a. That all walls of such structures are of one-hour fire resistant construction; and b. That such structures are not closer than 2½ feet to any lot or highway line; and c. That such structures shall not be utilized to provide closets or otherwise usable floor area.

3. Uncovered porches, platforms, landings and decks, including access stairs thereto, exceeding an average height of one foot which do not extend above the level of the first floor may project a maximum distance of 3 feet into required interior side yards, and a maximum distance of 5 feet into required front, rear and corner side yards provided:
a. That such porches, platforms, landings and decks shall not be closer than 2 feet to any lot or highway line; and
b. That such porches, platforms, landings and decks are open and unenclosed, provided, however, that an open-work railing not to exceed 3½ feet in height may be installed.

4. Rain conductors, spouts, utility service risers, shutoff valves, water tables, sills, capitals, bases, cornices and belt courses may project a maximum distance of one foot into any required yard.

5. Awnings or canopies may project a maximum distance of 2½ feet into required interior side yard and 5 feet into required front, rear and corner side yard provided:
a. That such awnings or canopies are not closer than 2½ feet to any lot or highway line; and b. That such awnings or canopies have no vertical support within such yard; and c. That such awnings or canopies extend only over the windows or doors to be protected and for not more than one foot on either side thereof.

6. Water heaters, water softeners and gas or electric meters, including service conduits and pipes, enclosed or in the open, may project a maximum distance of 2½ feet into a required interior side or rear yard provided that such structures or equipment are not closer than 2½ feet to any lot line. Gas meters, if enclosed or adequately screened from view by a structure permitted in the yard, may project a maximum distance of 2½ feet into a required front or corner side yard provided that such equipment is not closer than 2½ feet to any lot or highway line.

7. Stairways and balconies above the level of the first floor may project a maximum distance of 2 feet into a required interior or corner side yard or 4 feet into a required front or rear yard provided:
a. That such stairways and balconies shall not be closer than 3 feet to any lot or highway line; and b. That such stairways and balconies are open and unenclosed; and c. That such stairways and balconies are not covered by a roof or canopy except as otherwise provided by subsection B.5. of this section.

8. Wall and window mounted air conditioners, coolers and fans may be used in any required yard provided that such equipment is not closer than 2½ feet to any lot line.

C. Fences and Walls Permitted. Fences and walls may be erected and maintained in required yards subject to the requirements in Section 17.12.130.B.2 for the C zone and Section 17.16.220.A.8 for the I zone.

D. Landscaping in Required Yards. Trees, shrubs, flowers and plants may be placed in any required yard provided that all height restrictions applying to fences and walls shall also apply to hedges planted within yards and forming a barrier serving the same purpose as a fence or wall.

E. Public Use Exceptions. The commission, without notice of hearing, may grant a modification of yard and setback regulations for public sites unless such modification would be incompatible with adjoining development.

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(Prior zoning ord. §§ 452.8.2, 452.9, § 452.13—452.15)
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.28.040 Establishment of highway lines.

In all zones highway lines are established parallel to the centerline established by the city engineer for the regional arterial, primary arterial, secondary arterial, and other streets in accordance with the standards set forth in Section 16.20.050 of this code.
(Ord. 711 § 37, 1995: prior zoning ord. § 467)

17.28.050 Highway lines—Corner cutoffs.

In all zones on the intersections of parkways, major and secondary highways and streets:

A. A person shall not use any building or structure within those triangles formed by the intersections of the highway lines on such parkway, major and secondary highways and streets for a distance of 17 feet from such intersection on each of such lines and a line connecting the end of such lines, except as permitted within a yard by subsection B.1. of Section 17.28.030, and provided that such structures do not constitute a visual obstruction between 3½ feet and 8 feet above the level of the ground. (Ord. 711 § 38, 1995; prior zoning ord. § 468)

17.28.060 Streets.

A. Exceptions. This section does not apply to the following buildings or structures which, if they comply with all other provisions of this title, may be used without complying with any provision of this section:

1. Accessory agricultural buildings where used primarily for agricultural purposes including but not limited to: barns, silos, chicken houses, rabbit hutches and roadside stands;

2. Gas measurement, distribution and meter control stations;

3. Outdoor advertising;

4. Residences, single-family (see Chapter 12.12, Streets, Curbs and Sidewalks, of this code);

5. Temporary carnivals and revival meetings;

6. Other similar uses which, in the opinion of the commission, will not generate a greater volume of traffic than the uses enumerated in this section.

B. Existing Structures. This section does not apply to the use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land, if the total value of such alteration, enlargement or construction does not exceed ½ of the current market value (as determined by the assessor's records, appraisal or other method acceptable to the director) of all existing buildings or structures on such lot or parcel of land.

C. Adequate Streets Adjacent to Structures. Except as otherwise provided in subsections A and B of this section, a building or structure shall not be used on any lot or parcel of land any portion of which abuts upon a street unless said street which abuts such lot or parcel of land has been dedicated and improved as provided in Article II of Chapter 16.20 of this code.

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D. Dedication Standards. Regional arterial, primary arterial, secondary arterial, and other streets shall be dedicated to the width from centerline as specified in Section 16.20.050 of this code including corner cutoffs as specified by the city engineer or director of public works, except that dedication in any case shall not be required to such an extent as to reduce the area or width of any parcel of land to less than that specified in Section 17.40.080 or 17.40.090.

E. Improvements. Before a structure subject to the provisions of this section may be used, curbs, gutters, pavement, sidewalks, and drainage structures shall be constructed at the grade and at the location specified by the city engineer or the director of public works per the typical street cross sections as specified in Section

16.20.050 of this code. Such curbs, gutters, pavement, sidewalks, and drainage structures shall comply with the standards of the city engineer or director of public works.

F. Variance to Requirements of This Section. Any person deeming himself aggrieved may apply for a variance from any provision of this section pursuant to Article II of Chapter 17.32 whether he has applied for a modification or not.
(Ord. 711 § 39, 1995: prior zoning ord. §§ 490.000—490.090) Chapter 17.32 VARIANCES, CONDITIONAL USE PERMITS, NONCONFORMING

USES, DIRECTOR'S REVIEW
Article I. Conditional Use Permits

17.32.010 Purpose of.

A conditional use as defined by this title means a use which:

A. Because of characteristics peculiar to it; or
B. Because of size, technological process or type of equipment; or C. Because of the location with reference to surroundings, street or highway width, traffic generation or other demands upon public facilities, required special consideration relative to placement at specific locations in the zone or zones where classified to insure proper integration with other existing or permitted uses in the same zone or zones.
(Prior zoning ord. § 501.1)

17.32.020 Filing of application.

Any person desiring a conditional use permit required by or provided for in this title may file an application with the director except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the commission or city council on an application requesting the same, or substantially the same permit.
(Prior zoning ord. § 501.2)

17.32.030 Contents of application.

An application for a conditional use permit shall contain the following information:

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A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B. Evidence that the applicant:

1. Is the owner of the premises involved, or

2. Has written permission of the owner or owners to make such application, or

3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or

4. In the case of a public agency, is negotiating to acquire a portion of the premises involved; C. Location of subject property (address or vicinity);
D. Legal description of the property involved;
E. The nature of the requested use, indicating the business, occupation or purpose for which such building, structure, or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used;
F. Indicate the nature, condition and development of adjacent uses, buildings and structures; and G. Provide a site plan drawn to a scale satisfactory to and in the number of copies prescribed by the director indicating:

1. The area and dimensions of proposed site for the requested use,

2. The location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features;
H. Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;
I. Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances;
J. With each application the applicant shall also file:

1. Maps in the number prescribed and drawn to a scale specified by the director, showing the location of all property included in the request, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of such proposed use,

2. One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 700 foot radius,

3. A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject property and as owning property within a distance of 500 feet from the exterior boundaries of the area actually to be occupied by the use. One copy of said map shall indicate where such ownership are located,

4. Proof satisfactory to the director that water will be available in quantities and pressures required by said Ordinance No. 7834, the Water Ordinance, or by a variance granted pursuant to said Ordinance No. 7834. The director may accept as such proof a certificate from the person who is to supply water that he can supply water as required by said Ordinance No. 7834, also stating the Created: 2024-08-22 08:37:10 [EST]
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amount and pressure, which certificate also shall be signed by the forester and fire warden, or a certificate from the county engineer that such water will be available,

5. The director may waive the filing of one or more of the above items; K. Such other information as the director may require.

The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. (Prior zoning ord. § 501.3)

17.32.040 Burden of proof.

In addition to the information required in the application by Section 17.32.030, the applicant shall substantiate to the satisfaction of the commission the following facts:

A. That the requested use at the location proposed will not:

1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or

2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or

3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and C. That the proposed site is adequately served:

1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and

2. By other public or private service facilities as are required. (Prior zoning ord. § 501.4)

17.32.050 Fees required.

When an application is filed, it shall be accompanied by the filing fee required by resolution of the city council.
(Prior zoning ord. § 501.5)

17.32.060 Denial of inadequate application.

The commission may recommend denial, and the commission may deny, without a public hearing, an application for a conditional use permit if such application does not contain the information required by Sections

17.32.030 and 17.32.040. The commission may permit the applicant to amend such application. (Prior zoning ord. § 501.6)
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17.32.070 Hearing.

In all cases where an application for a conditional use permit is filed and the commission does not grant a request for ex parte consideration, the commission shall hold a public hearing pursuant to the procedure provided in this chapter.
(Prior zoning ord. § 501.7)

17.32.080 Ex parte consideration.

Where the commission finds that the use requested, subject to such conditions as it deems necessary, will comply with the findings required by Section 17.32.090, it may grant such permit without a public hearing except that:

A. This section does not apply to an application for the following:

1. Airports;

2. Amusement and entertainment enterprises and concessions, including all structural devices and contrivances designed and operated for patron participation and pleasure;

3. Primary or incidental alcohol sales establishments as defined under Chapter 17.42;

4. Circus winter quarters;

5. Colleges and universities;

6. Communication equipment buildings;

7. Correctional institutions;

8. Day nurseries;

9. Earth stations;

10. Electrical distribution substations;

11. Electric transmission substations;

12. Electric generating plants;

13. Golf courses including the customary clubhouse and appurtenant facilities;

14. Golf driving ranges;

15. Guest ranches;

16. Heliports;

17. Helistops;

18. Hospitals;

19. Institutions for the aged, private;

20. Institutions for children, private;

21. Juvenile halls;

22. Land reclamation projects;

23. Landing strips;
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24. Mobilehome parks;

25. Motor recreational facilities for the driving, testing and racing of automobiles, dune buggies, motorcycles, trail bikes or similar vehicles including appurtenant facilities in conjunction therewith;

26. Nudist camps;

27. Oil wells;

28. Outdoor festivals;

29. Parking buildings;

30. Public utility service centers;

31. Race tracks;

32. Radio and television stations and towers;

33. Recreation clubs, private;

34. Rifle, pistol, skeet or trap ranges;

35. Sewage treatment plants.
(Ord. 896 § 1 (Exh. A § 26), 2008; prior zoning ord. § 501.8)

17.32.090 Findings and decision.

The commission may approve an application for a conditional use permit where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:

A. That the proposed use will not be in substantial conflict with the adopted general plan for the area.

Where no general plan has been adopted, this subsection shall not apply; B. That the requested use at the location proposed will not:

1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or

2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or

3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
C. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and D. That the proposed site is adequately served:

1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and

2. By other public or private service facilities as are required.

The commission shall deny the application where the information submitted by the applicant and/or presented at public hearing fails to substantiate such findings to the satisfaction of the commission. (Prior zoning ord. § 501.9)
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17.32.100 Building bulk provisions.

The building bulk provisions prescribed in the various zones shall not apply to uses permitted by conditional use permit. In granting a conditional use permit, the commission shall prescribe the height limit, maximum lot coverage, or floor-area ratio for the use approved. Where the commission fails to specify said height limit, maximum lot coverage, or floor-area ratio, those provisions applicable to principal permitted uses in the specific zone shall be deemed to be so specified.
(Prior zoning ord. § 501.10)

17.32.110 Adequate water supply.

If it appears that the use requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted without a conditional use permit in the same zone and will not comply with the provisions of said Ordinance No. 7834, such facts shall be prima facie evidence that such requested use will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of Section 17.32.090. If the water appeals board grants a variance pursuant to any provision of Article 4 of Chapter 1 of said Ordinance No. 7834, permitting the proposed use with the existing or proposed water supply, this section shall not apply.
(Prior zoning ord. § 501.11)

17.32.120 Conditions.

The commission in approving an application for a conditional use permit may impose such conditions as it deems necessary to insure that such use will be in accord with the findings required by Section 17.32.090.

Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to:

A. Special yards, open spaces and buffer areas;
B. Fences and walls;
C. Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards;
D. Street and highway dedications and improvements including sidewalks, curbs and gutters; E. Water supply and fire protection in accordance with the provisions of Ordinance No. 7834; F. Landscaping and maintenance of grounds;
G. Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation; H. Regulation of operating hours for activities affecting normal neighborhood schedules and functions; I. Regulation of signs including outdoor advertising;
J. A specified validation period limiting the time in which development may begin; K. Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;
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M. Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purpose of this title.

The commission may also approve the requested permit contingent upon compliance with applicable provisions of other ordinances.
(Prior zoning ord. § 501.12)

17.32.130 Project grading.

A person shall not engage in project grading in any zone if such project grading requires the removal from, or importation to, a lot or parcel land of more than 10,000 cubic yards of dirt, soil, sand, gravel, rock, clay, decomposed granite or other similar material if more than 20 occupied dwelling units in one-family, two-family, or multiple structures, or in occupied mobilehomes within a mobilehome park, or any combination thereof, or if a hospital or accredited public or private school offering instruction required to be taught in the public schools by the Education Code of the state of California are located within a parallel corridor 300 feet wide on each side of and measured from the edge of the existing right-of-way of the streets or highways forming the proposed transport route, and within a distance equal to the extent of such route, or within a distance of 2,640 feet, whichever is less, measured from the proposed point of access to such project unless:

A. If not more than 100,000 cubic yards of material is to be moved, such person either:

1. Obtains a conditional use permit; or

2. Submits a site plan to the director, who approves the plan upon finding that the proposed use will comply with the requirements of this section and Section 17.32.140. The director may approve the plan which approval shall be valid for the time stated by the director. If no time is stated such approval shall be good for one year. If the director or county engineer finds that there is good cause shown, and that the applicant in moving of material pursuant to such approval has not violated this or any other ordinance or statute, he may extend the duration of such approval for not more than one year if the applicant files a request for such extension prior to the expiration of his original approval. Only one extension may be granted.

B. Where more than 100,000 cubic yards of material are to be moved, such person obtains a conditional use permit.
(Prior zoning ord. § 501.13)

17.32.140 Conditions for project grading.

Project grading subject to the provisions of Section 17.12.130 shall comply with the following requirements:

A. A grading permit, when required, shall first be obtained as provided in said Ordinance 2225 (Building Code), before the commencement of any project grading.

B. The application to the director or for a conditional use permit as the case may be shall contain statements setting forth the following information:

1. The names and addresses of all persons owning all or any part of the property from which such material is proposed to be removed from and transported to;

2. The names and addresses of the person or persons who will be conducting the operations proposed;
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3. The ultimate proposed use of the lot or parcel of land;

4. Such other information as the director finds necessary in order to determine whether the application should be granted;

5. In the case of an application for a conditional use permit the information required by Section

17.32.030.

C. The applicant shall submit a map showing in sufficient detail the location of the site from which such material is proposed to be removed, the proposed route over streets and highways, and the location to which such material is to be imported.

D. All hauling as approved under this section shall be restricted to a route approved by the road commissioner.

E. Compliance shall be made with all applicable requirements of other county departments and other governmental agencies.

F. If any condition of this section is violated, or if any law, statute or ordinance is violated, the privileges granted herein shall lapse and such approval shall be suspended.

G. Neither the provisions of this section nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of a public or private nuisance. (Prior zoning ord. § 501.14)

17.32.150 Public construction.

A conditional use permit shall not be required pursuant to Section 17.32.130 if such use is in conjunction with:

A. Any work of construction or repair by the county or city, or any district of which the board of supervisors of the county is ex officio the governing body; or B. Construction or repair by the county or city or such district performed by force account; or C. Construction, maintenance or repair of any "state water facilities" as defined in Section 12934 of the State Water Code.
(Prior zoning ord. § 501.15)

17.32.160 Temporary war uses.

Premises in any zone may be temporarily used for uses necessary to the prosecution of any war in which the United States may be engaged, if a conditional use permit for such use is granted pursuant to the provisions of this title, and provided:

A. That the United States is at war declared by the Congress of the United States and engaged in actual physical hostilities; and
B. That such permit shall expire not later than 6 months after the cessation of such physical hostilities.

As used in the section, "cessation of physical hostilities" means a date comparable to November 11, 1918, or August 15, 1945.
(Prior zoning ord. § 501.16)
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17.32.170 Expiration where not used.

A permit issued on or after January 21, 1937, which is not used within the time specified in such permit, or, if no time is specified, within one year after the granting of the permit, becomes null and void and of no effect except:

A. Except as provided in Section 17.32.175, an approved conditional use permit shall expire twenty-four (24) months from the date of planning commission or city council approval. Conditional use permits may be granted time extensions prior to the expiration of the project not to exceed three one-year extensions. Any extension granted shall be conditioned to comply with the city's current design guidelines as adopted by the city council, unless the applicant can demonstrate to the planning commission's satisfaction that such compliance will impose an undue hardship on the project. The applicant is required to file for an extension sixty (60) days prior to such expiration date.

B. That in the case of a permit for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand, or gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material, no time limit shall apply to utilization of such permit if within such year or such other time the property is posted and remains posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice, stating, in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height: "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant";
C. That in the case of a permit for a publicly owned use no time limit shall apply to utilization of such permit provided that the public agency:

1. Within two years of the date of such approval, either acquires the property involved or commences legal proceedings for its acquisition; and

2. Immediately after the acquisition of, or the commencement of legal proceedings for the acquisition of the property, posts such property with signs, having an area of not less than 20 square feet nor more than 40 square feet in area per face indicating the agency and the purpose of which it is to be developed. One such sign shall be placed facing and located within 50 feet of each street, highway or parkway bordering the property. Where the property in question is not bounded by a street, highway or parkway, the agency shall erect one sign facing the street, highway or parkway nearest the property.

A conditional use permit shall be considered used within the intent of this section when construction or other development authorized by such permit has commenced that would be prohibited in the zone if no permit had been granted.
(Prior zoning ord. § 501.17)
(Ord. No. 924, § 1, 8-25-09; Ord. No. 995, § 2, 12-10-13)

17.32.175 Exceptions to expiration dates.

A conditional use permit approved in conjunction with a tentative map shall have the same expiration date as the approved tentative map or any extension of the map, unless a specific expiration date is specified in the approval of the conditional use permit.
(Ord. No. 995, § 1, 12-10-13)
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17.32.180 Date of grant where appealed.

Where an appeal is filed relative to any conditional use permit, the date of decision by the city council of such appeal shall be deemed the date of grant in determining said expiration date. (Prior zoning ord. § 501.18)

17.32.190 Cessation of use.

A conditional use permit granted by action of the commission, shall automatically cease to be of any force and effect if the use for which such conditional use permit was granted has ceased or has been suspended for a consecutive period of 2 or more years. This provision shall not apply to permits granted for alcohol sales establishments pursuant to Chapter 17.42, which shall be subject to the requirements of Section 17.42.130. (Ord. 896 § 1 (Exh. A § 27), 2008; prior zoning ord. § 501.19)

17.32.200 Nuisances.

Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance. (Prior zoning ord. § 501.20)

17.32.210 Effective date.

The decision of the commission shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.
(Prior zoning ord. § 501.21)

17.32.220 Applicability of regulations in the zone.

Unless specifically modified by a conditional use permit, all regulations prescribed in the zone in which such conditional use permit is granted shall apply.
(Prior zoning ord. § 501.22)

17.32.230 Continuing validity.

A conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this title, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land.
(Prior zoning ord. § 501.23)
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17.32.240 Signs.

The sign provisions prescribed in residential zones shall not apply to uses granted by conditional use permit.

In granting a conditional use permit, the commission may approve signing which it deems appropriate for such use provided, however, that no sign or signs may be authorized that would exceed a sign area of 25 square feet or a total sign area of 50 square feet or a height of 12 feet in residential zones or exceed 100 square feet of sign area or 200 square feet of total sign area in commercial zones, except as otherwise provided in the CPD zone. Where the commission fails to specifically approve such signs, those provisions applicable to principal permitted uses in the specific zone in which the use is located shall be deemed to have been specified. (Prior zoning ord. § 501.24)
Article II. Variances

17.32.250 Purpose of.

The variance procedure is established to permit modification of development standards as they apply to particular uses when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title, develop through the strict literal interpretation and enforcement of such provisions. A variance may be granted to permit modification of:

A. Building line setbacks, yards, open space and buffer areas; B. Height, lot coverage, density and bulk regulations;
C. Off-street parking spaces, maneuvering areas and driveway width, and paving standards; D. Landscaping requirements;
E. Wall, fencing and screening requirements;
F. Street and highway dedication and improvement standards; G. Lot area, depth, and width requirements;
H. Operating conditions such as hours of days of operation, number of employees, and equipment limitations;
I. Sign regulations other than outdoor advertising.
(Prior zoning ord. § 502.1)

17.32.260 Filing of application.

Any person desiring any permit required by or provided for in this title, may file an application therefor with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the commission or city council on an application requesting the same, or substantially the same permit.
(Prior zoning ord. § 502.2)
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17.32.270 Contents of application.

An application for a variance shall contain the information required by Section 17.32.030. (Prior zoning ord. § 502.3)

17.32.280 Burden of proof.

In addition to the information required in the application by Section 17.32.270, the applicant shall substantiate to the satisfaction of the commission the following facts:

A. That there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning classification; and B. That such variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity and zone; and C. That the granting of the variance will not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. (Prior zoning ord. § 502.4)

17.32.290 Filing fees required.

When an application is filed it shall be accompanied by the filing fee required by resolution of the city council.
(Prior zoning ord. § 502.5)

17.32.300 Denial of inadequate petition.

The commission may deny, without a public hearing, an application of a variance if such application does not contain the information required by Sections 17.32.270 and 17.32.280. The commission may permit the applicant to amend such application.
(Prior zoning ord. § 502.6)

17.32.310 Hearing.

In all cases where an application is filed for a variance the commission shall hold a public hearing pursuant to the procedure provided by Article V of this chapter.
(Prior zoning ord. § 502.7)

17.32.320 Findings and decision.

The commission may approve an application for a variance where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:

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A. That because of special circumstances or exceptional characteristics applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and B. That the adjustment authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; and C. That strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards; and
D. That such adjustment will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity.

17.32.330 Adequate water supply.

If it appears that the variance requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted in the same zone without a variance, and will not comply with the provisions of said Ordinance No. 7834, such facts shall be prima facie evidence that such requested variance will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of Section 17.32.320.
(Prior zoning ord. § 502.9)

17.32.340 Conditions.

The commission in approving an application for a variance may impose such conditions as it deems necessary to insure that the adjustment will be in accord with the findings required by Section 17.32.320. Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested, including, but not limited to those specified in Section 17.32.360.
(Prior zoning ord. § 502.10)

17.32.350 Expiration where not used.

A variance which is not used within the time specified in such variance, or, if no time is specified, within one year after the granting of the variance, becomes null and void and of no effect except:

A. That in all cases the commission may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date. In the case of a nonprofit corporation organized to provide low-income housing for the poor or elderly, the commission may grant an additional one-year extension provided that an application requesting such extension is filed prior to the expiration of the first such extension.

B. That in the case of an exception granted prior to November 23, 1970, for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand or gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material, no time limit Created: 2024-08-22 08:37:10 [EST]
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shall apply to utilization of such exception if within such year or such other time the property is posted and remains posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice stating in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant." (Prior zoning ord. § 502.11)

17.32.360 Date of grant where appealed.

Where an appeal is filed relative to any variance, the date of decision by the city council of such appeal shall be deemed the date of grant in determining said expiration date. (Prior zoning ord. § 502.12)

17.32.370 Nuisances.

Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance. (Prior zoning ord. § 502.13)

17.32.380 Effective date.

17.32.390 Applicability of regulation in the zone.

Unless specifically modified by a variance, all regulations prescribed in the zone in which such variance is granted shall apply.
(Prior zoning ord. § 502.15)

17.32.400 Continuing validity.

A variance that is valid and in effect, and was granted pursuant to the provisions of this title, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land.
(Prior zoning ord. § 502.16)
Article III. Adjustment Permits
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17.32.410 Purpose of.

The adjustment procedure is established to permit modification of development standards as they apply to particular uses when practical difficulties or results inconsistent with the general purposes of this title develop through the strict literal interpretation and enforcement of such provisions. An adjustment may be granted to permit modification of:

A. Building height, lot coverage, and FAR limitations, with an increase up to 25%; B. Wall, fence, and screening height limitations, with an increase up to 25%; C. Corner lot width requirements, which may be reduced to the minimum established for an interior lot under the subject zoning designation;
D. Setbacks, with a reduction up to 25%, so long as the resulting setback is sufficient for fire safety; E. Sign regulations other than those applicable to off-site signs.

17.32.420 Filing of application.

17.32.430 Contents of application.

An application for an adjustment shall contain the information:

A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B. Evidence that the applicant:

1. Is the owner of the premises involved, or

2. Has written permission of the owner or owners to make such application, or

3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or

1. The area and dimensions of proposed site for the requested use,

2. The location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features;
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H. Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;
I. Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances;
J. Project Notice. A notice for an adjustment permit shall be mailed 10 calendar days before the scheduled action to the following, unless stated otherwise in this code:

1. Owner(s) and applicant;

2. All owners of property located adjacent to the exterior boundaries of the subject site, as shown on the county's last equalized assessment roll. If the project site abuts a street, all property owners on the other side of the street shall be mailed the notice. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall be mailed the notice;

3. Persons Requesting Notice. A person who has filed a written request for notice with the director of development services within one year prior to the action.

4. The development services director may require additional notification requirements such as site posting and increased notification radius based upon the possible impacts of the project.

K. Such other information as the director may require.

The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.

17.32.440 Filing fees required.

When an application is filed it shall be accompanied by the filing fee required by resolution of the city council.

17.32.450 Denial of inadequate application.

The director may deny an application of an adjustment if such application does not contain the information required by Sections 17.32.430 and 17.32.440. The director may permit the applicant to amend such application.

17.32.460 Findings and decision.

The director may approve an application for an adjustment where the information submitted by the applicant substantiates the following findings:

A. The adjustment will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity with the same zoning.

B. The adjustment is not detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located.

C. The adjustment is generally consistent with surrounding development and general plan and zoning designations.

Any reduction or increase greater than those specified in Section 17.32.410 shall require a variance. The director shall deny the application where the information submitted by the applicant fails to substantiate such findings to the satisfaction of the director.

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17.32.470 Conditions.

The director in approving an application for an adjustment may impose such conditions as they deem necessary to ensure that the adjustment will be in accord with the findings required by Section 17.32.460.

Conditions imposed by the director may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such adjustment is requested.

17.32.480 Expiration where not used.

An adjustment which is not used within the time specified in such adjustment, or, if no time is specified, within two years after the granting of the adjustment, becomes null and void and of no effect except in all cases the director may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date.

17.32.490 Date of grant where appealed.

Where an appeal is filed relative to any adjustment, the date of decision by the city council of such appeal shall be deemed the date of grant in determining said expiration date.

17.32.500 Nuisances.

Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance.

17.32.510 Effective date.

The decision of the director shall become final and effective 10 working days after the director’s action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.

17.32.520 Applicability of regulation in the zone.

Unless specifically modified by an adjustment, all regulations prescribed in the zone in which such adjustment is granted shall apply.

17.32.530 Continuing validity.

An adjustment that is valid and in effect, and was granted pursuant to the provisions of this title, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land.

Article IV. Explosives Permits

17.32.560 Definition.

A. The terms "explosive" and "explosives" whenever used in this title shall mean any substance or combination of substances that is commonly used for the purpose of detonation and which, upon exposure to any Created: 2024-08-22 08:37:10 [EST]
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external force or condition, is capable of a relatively instantaneous release of gas and heat. These terms shall include, but shall not necessarily be limited to, all of the following:

1. Substances determined to be Class A and Class B explosives as classified by the United States Department of Transportation;

2. Nitrocarbonitrate substances (blasting agent) as classified by the United States Department of Transportation;

3. Any material designated as an explosive by the State Fire Marshal;

4. Certain Class C explosives as designated by the United States Department of Transportation when listed in regulations adopted by the State Fire Marshal.

B. The terms "explosive" and "explosives" whenever used in this title shall not include the following:

1. Small arms ammunition of .75 caliber or less when designated as a Class C explosive by the United States Department of Transportation;

2. Fireworks regulated under Part 2 (commencing with Section 12500) of Division 11 of the Health and Safety Code.
(Prior zoning ord. § 505.1)

17.32.570 Permits required.

No quantity of explosives other than gunpowder in excess of 100 pounds, or gunpowder in excess of 750 pounds, shall be stored or kept in any place, house or building in the county of Los Angeles without a permit therefor from the commission and unless said explosives are contained in a magazine situated, constructed, operated and maintained in the manner described in Part 1 of Division 11 of the Health and Safety Code. (Prior zoning ord. § 505.2)

17.32.580 Application for permit.

Any person proposing to store or keep any quantity of gunpowder in excess of 750 pounds or any other explosives in excess of 100 pounds in any place, house or building in the unincorporated territory of the county of Los Angeles shall file application for a permit with the director, accompanied by the filing fee as required by resolution of the city council. Such application shall also verify that the applicant has submitted such data as is required by the county forester and fire warden.
(Prior zoning ord. § 505.3)

17.32.590 Temporary storage.

If the application is for a permit to store explosives for not more than 3 months and there is no permit in force for that location, the commission may grant the permit without a public hearing provided:

A. That the applicant has submitted such data as is required to the county forester and fire warden for approval prior to consideration by the commission; and
B. That said county forester and fire warden has indicated his approval in writing stating that such explosives may be safely stored at the proposed location. (Prior zoning ord. § 505.5)
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17.32.600 Hearing required.

Unless an application is approved pursuant to Section 17.32.590 the commission shall hold a public hearing. (Prior zoning ord. § 505.6)

17.32.610 Notification of county forester and fire warden.

The director shall immediately notify the county forester and fire warden of every application for a permit to keep or store explosives. Where a public hearing is to be held the director shall notify the county forester and fire warden of the time and place thereof.
(Prior zoning ord. § 505.7)

17.32.620 Duties of county forester and fire warden.

The county forester and fire warden, within 10 days after receipt of a copy of the application for a permit, shall furnish to the commission a report thereon as to whether or not in his opinion explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant. (Prior zoning ord. § 505.8)

17.32.630 Findings and decision.

At the time and place fixed for the hearing on the application the commission shall hear the same and any protests thereto, and upon the evidence and other matters brought to its attention during hearing, including the report of the county forester and fire warden, may approve such permit where the findings indicate that explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant.

Where no hearing is required, the commission shall make similar findings based upon its investigation or the investigation of its staff, and upon the report of the county forester and fire warden, of the place where it is proposed to keep the explosives.
(Prior zoning ord. § 505.10)

17.32.640 Conditions for approval.

The commission shall consider and may impose such conditions as it deems necessary to protect the public health, safety and general welfare, and to prevent material detriment to the property of other persons located in the vicinity of such proposed use. The commission may also approve the permit contingent upon compliance with applicable provisions of other ordinances.
(Prior zoning ord. § 505.11)
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17.32.650 Application of article.

Nothing contained in this article shall apply to any explosive in transit in railway cars or other vehicles, or to any explosive awaiting transportation in or delivery from a railway car or other vehicle, or to the transfer of any such explosive from a car of one railway company to a car of a connecting railway company, provided that the car or other vehicle in which said explosive is being transported or is awaiting transportation or delivery, shall be kept locked or guarded; and provided further that the time during which such explosive is kept waiting transportation or delivery shall not exceed 24 hours.
(Prior zoning ord. § 505.12)
Article V. Public Hearing Procedures for Permits, Variances and Nonconforming Uses or Structures Review

17.32.660 Initiation of.

Hearings on permits, variances or nonconforming uses or structures review may be initiated:

A. If the city council instructs the commission to set the matter for a public hearing in the case of a conditional use permit, (animal permit), variance or nonconforming use or structure review; or B. Upon the initiative of the commission in the case of a conditional use permit, (animal permit), variance or nonconforming use or structure review; or
C. Upon the filing of an application.
(Prior zoning ord. § 507.1)

17.32.670 Scheduling of.

Upon the filing of an application accompanied by the required fee and/or deposit, or other initiation pursuant to this chapter, the director shall fix a time and place for a public hearing as required by this title. (Prior zoning ord. § 507.2)

17.32.680 Notice of.

Where a public hearing is required by this title, notice of such hearing shall be provided in accordance with the provisions of Section 17.36.020A.
(Prior zoning ord. § 507.3)

17.32.690 Responsibility for.

When a verified application is filed for a permit or variance and a hearing is required by this title, the commission shall hold such hearing.
(Prior zoning ord. § 507.4)
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17.32.700 Reserved.
(Prior zoning ord. § 507.5)

17.32.710 Reserved.
(Prior zoning ord. § 507.6)

17.32.720 Reserved.
(Prior zoning ord. § 507.7)

17.32.730 Reserved.
(Prior zoning ord. § 507.8)

17.32.740 Cases considered concurrently.

Where an application for a conditional use permit and an application for a variance are concurrently heard and considered, the commission shall in making their findings consider each case individually as if separately filed. (Prior zoning ord. § 507.9)

17.32.750 Notice of action.

Notice of the action taken by the commission on an application for a permit or variance shall be made in accordance with the provisions of Section 17.36.020C.
(Prior zoning ord. § 507.10)
Article VI. Director's Review

17.32.760 Intent and purpose.

Director's review is established to facilitate substantiation and corroboration of facts and testimony vital to the administration of this title and is required or may be used for:

A. Determination of whether or not a proposed development will properly comply with the provisions and development standards prescribed in this title or as prescribed by the commission or director; B. Indication of compliance, or plans and intentions to comply with the regulations and standards prescribed in this title.

Where a site plan is required in an application for a permit, variance, nonconforming use or structure review, said site plan shall be considered a part of said application and shall not require separate approval under the provisions of this article.
(Prior zoning ord. § 508.1)
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17.32.770 Authority.

The director may:

A. Require a site plan review for any use, development of land, structure, building or modification of standards that involves the approval of the director;
B. Require such other forms and documents as are necessary to determine compliance with the provisions of this title or any conditions that may be specified in granting an approval of the requested use, development or modification;
C. Require such supplemental information or material as may be necessary, including revised or corrected copies of any site plan or other document previously presented. (Prior zoning ord. § 508.2)

17.32.780 Application for.

Any application for director's review shall contain the following information and documents as are required by the director and be accompanied by the filing fee required by resolution of the city council:

A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B. Evidence that the applicant:

1. Is the owner of the premises involved, or

2. Has written permission of the owner or owners to make such application, or

3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or

4. In the case of a public agency, is negotiating to acquire a portion of the premises involved; C. Location of subject property (address or vicinity);
D. Legal description of property;
E. Proposed facility or use;
F. The use, location and size of all buildings and structures, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features; G. Such other data including plans, drawings, diagrams or pictures as may be required to determine compliance with the provisions of this title.
(Prior zoning ord. § 508.3)

17.32.790 Findings and decision.

The director in acting upon any site plan offered for review as provided in this title shall either approve, approve with conditions, or deny the proposed use, development or modification as requested in the application and as indicated in the required site plan based on the following principles and standards:

A. That the use, development of land and/or application of development standards is in compliance with all applicable provisions of this title;
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B. That the use, development of land and/or application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, is so arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and is in conformity with good zoning practice; C. That the use, development of land and/or application of development standards is suitable from the standpoint of functional developmental design.

D. Those development proposals, which pursuant to state law can only be subject to objective standards, shall not be subject to subsections B and C, above, but shall be subject to the following standards:

1. Public facilities and utilities are available to serve the proposed development in accordance with adopted city standards or will be made available at the time of development.

2. Proposed plans for vehicle circulation and access have been approved by the city engineer and impacts to the city's transportation network have been mitigated to the extent necessary to maintain the city's adopted transportation level of service. (Prior zoning ord. § 508.4)
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.32.800 Reserved.
(Prior zoning ord. § 508.6)

17.32.810 Notice of action.

The director shall notify the applicant of a request for a site plan approval of the action taken on the application, by first class mail, postage prepaid, or other means deemed appropriate by the commission. Such notification may also be hand delivered to the applicant when appropriate. (Prior zoning ord. § 508.7)

17.32.820 Appeal.

An appeal may be made by the applicant or an interested citizen in the event that he is dissatisfied with the action taken by the director on a site plan. Such appeal shall be filed with the city clerk in accordance with Section

17.36.030.
(Prior zoning ord. § 508.8)
Article VII. Nonconforming Uses and Structures5
5 Editor's note(s)—Ord. No. 1070, Exh. A, adopted Jan. 14, 2020, repealed the former Art. VII, §§ 17.32.830—

17.32.880, and enacted a new Art. VII as set out herein. The former Art. VII pertained to similar subject matter and derived from Prior zoning ord. §§ 509.1—509.6; Ord. 651 § 9, adopted 1993; Ord. 900 § 8, adopted 2008.

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17.32.830 Purpose.

This article is intended to allow for the continuation, maintenance, and limited expansion of uses, lots, and structures established in compliance with development codes in effect at the time of establishment of the use of structure, but not incompliance with current development codes. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.32.840 Establishment of lawful nonconforming uses, structures and lots.

Any lawfully established use, structure, or lot that is in existence on the effective date of the ordinance codified in this title or any subsequent amendment but does not comply with all of the standards and requirements of this title shall be considered nonconforming. Nonconforming uses and structures may only be continued subject to the requirements of this Article.

A. Nonconformities, Generally. A nonconformity may result from any inconsistency with the requirements of this title including, but not limited to location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved permit of other required authorization.

B. Nonconforming Lots. Any lot that is smaller than the minimum lot size required by this title or does not meet any of the applicable dimensional requirements shall be considered a lawful nonconforming lot if it is described in the official record on filed in the office of the Los Angeles County Recorder as a lot of record under one ownership. A nonconforming lot may be used as a building site subject to compliance with all applicable requirements, unless a variance or other modification or exception is approved as provided in this title.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.32.850 Continuation and maintenance of nonconforming uses and structures.

A. A use legally occupying a structure or site, as of the effective date of this code, that does not conform with the use regulations or the standards in the zone in which the use is located shall be deemed to be a legal nonconforming use and may be continued in perpetuity.

B. A structure legally occupying a site as of the effective date of this code that does not conform with the property development standards for required yards, height, coverage, distances between structures, or other standards for the zone in which the structure is located shall be deemed to be a legally nonconforming structure and may be used and maintained in perpetuity.

C. It shall not be the intent of this section to render previously legally created building lots or legally constructed buildings which do not comply with the new property development regulations or other requirements of this title to be nonconforming where these lots or buildings complied with the ordinances in effect at the time of construction. However, proof of compliance with ordinances in effect at the time of creation or construction shall be the sole burden of the applicant or property owner. Such proof may include building permits, minutes of council or commission action, case files, or other documentation.

D. Routine maintenance and repairs may be performed on a structure or site, the use of which is legal nonconforming.

E. When interpreting setbacks for a residential use in a residential zone that are legal nonconforming, new construction shall be permitted to maintain/continue the existing setback, provided the structure does not further encroach into the existing setback area by either further reducing the existing setback.

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F. Any nonconforming publicly owned use, including but not limited to, schools, colleges, parks, libraries, fire stations, sheriff stations and other public sites, may be added to, extended or altered if such additions, extensions or alterations do not extend beyond the boundaries of the original site established prior to the time approval was required. Nothing in this title pertaining to nonconforming structures shall be construed to require the termination, discontinuance or removal of such uses except as provided in Section 17.32.900.

G. Any nonconforming public utility building, structure, equipment or facility necessary for operating purposes, but excluding offices, service centers or yards, may be added to, extended or altered, provided there is no change in use or enlargement of the original site established prior to the time such approval was required.

Nothing in this ordinance pertaining to nonconforming structures shall be construed to require the termination, discontinuance or removal of such uses except as provided in Section 17.32.900. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.32.860 Restoration of damaged structure.

A. Whenever a structure which does not comply with the property development standards prescribed in the zone in which the structure is located is destroyed by fire or other calamity to the extent of fifty percent (50%) or more, the structure may be restored and the legal nonconforming use may be resumed; provided, that restoration is started within two (2) years from the date of the calamity and diligently pursued to completion. The new structure may be restored to its original height or the maximum height permitted in the zone in which it is located, whichever is greater, and must be in full conformity with the parking, setback, and landscaping standards for that zone in effect at the time of reestablishment.

B. The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code. In the case of a use with multiple structures, the damage ratio shall be determined by comparing the cost of restoring the damaged structure(s) to its (their) condition(s) prior to such damage to the estimated cost of duplicating all structures associated with such use.

C. Whenever a structure is damaged less than fifty percent (50%), the structure shall be replaced to its legal nonconforming status or replaced with a structure in conformance with the code. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.32.870 Zoning Compliance Review.

A. Uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but not in compliance with current zoning codes may obtain a certificate of zoning compliance through a Director's Review. A certificate of zoning compliance shall require a final occupancy review. The applicant must show, to the satisfaction of the Director, that the structure or use in question is in compliance with the original permit and/or codes in effect at the time the structure was constructed or the use was initiated
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
Article VIII. Revocations or Modifications
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17.32.890 Grounds for.

After a public hearing as provided for in this article, the commission may revoke or modify any nonconforming use or revoke or modify any permit, variance or other approval which has been granted by either the city council or the commission, pursuant to either the provisions of the ordinance codified in this title or of any ordinance superseded by the ordinance codified in this title on any one or more of the following grounds:

A. That such approval was obtained by fraud;
B. That the use for which such approval was granted is not being exercised; C. That the use for which such approval was granted has ceased or has been suspended for one year or more.

This subsection does not apply to an exception (granted prior to November 23, 1970), or permit for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand or gravel, or any excavation for the purpose of obtaining clay, decomposed granite, or similar material, if from the cessation of use the outer boundaries of the premises have been continuously posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice, stating, in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height: "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant"; D. Except in case of a dedicated cemetery that any person making use of or relying upon the permit, variance, or other approval, is violating or has violated any conditions of such permit, variance or other approval, or that the use for which the permit, variance, or other approval was granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
E. Except in the case of a dedicated cemetery, that the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or so as to be a nuisance. (Prior zoning ord. § 510.1)

17.32.900 Additional grounds for nonconforming uses and structures.

In addition to the grounds for revocation or modification contained in Section 17.32.890, a nonconforming use or structure may be revoked or modified after a public hearing if the commission finds:

A. That the condition of the improvements, if any, on the property are such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person;
B. That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.
(Prior zoning ord. § 510.2)

17.32.910 Initiation of.

Hearings on revocations or modifications of permits, variances or nonconforming uses or structures may be initiated:

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A. If the city council instructs the commission to set the matter for a public hearing; or B. Upon the initiative of the commission.
(Prior zoning ord. § 510.3)

17.32.920 Notice of public hearing.

Notice of a public hearing on a revocation or modification shall be provided as follows:

A. To the same persons and in the same manner as required for a public hearing before the commission pursuant to 17.36.020; and
B. By such other additional means that the commission deems necessary. (Prior zoning ord. § 510.4)

17.32.930 Continuance.

If for any reason, the testimony of any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may before adjournment or recess, publicly announce the time and place at which said hearing will be continued and no further notice thereof shall be required. (Prior zoning ord. § 510.5)

17.32.940 Notice of action.

Notice of the action taken by the commission shall be provided in accordance with the provisions of Section

17.36.020C.
(Prior zoning ord. § 510.6)

17.32.950 Effective date.

An order by the commission revoking or modifying a permit, variance, or nonconforming use or structure shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days. (Prior zoning ord. § 510.7)
Chapter 17.36 ADMINISTRATION

17.36.010 Procedure for application.

A. Withdrawal of. An applicant or petitioner for any permit, variance, nonconforming use or structure review, or zone change provided for in this title may withdraw their application at any time before hearing or before ex parte action by the commission by filing with the commission a request in writing signed by all persons who signed the original application or petition, or their successors in interest.

B. Filing Fees and Deposits. For the purpose of defraying the expense involved in connection with any application or petition required or authorized by this title the city council shall establish by resolution fees Created: 2024-08-22 08:37:11 [EST]
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which shall accompany the application or petition at the time of filing with the city. The council may amend such fees at any time as it deems a change to be necessary in accordance with state law.

C. Fee Waiver. In those instances where the city council by resolution determines it in the public interest to accept applications or petitions without filing fee, the director shall accept such applications or petitions subject to the requirements specified in said resolution.

D. Deficiencies and Refunds of Fees and Deposits.

1. If any application or petition is withdrawn as provided in subsection A of this section prior to publication of notice of hearing or prior to ex parte action by the commission, the city shall refund the filing fee and all deposits, if any.

2. In the case of an application for a cemetery permit if the actual cost of publication and posting of notice is more than the amount deposited by the applicant, such applicant shall deposit the deficiency; if less the city shall refund any deposit.

3. In all other cases there shall be no refund after the notice of hearing has been published.

E. Accounting for Fees and Deposits. The director shall keep a permanent and accurate account of all deposits received, giving the name of the applicant upon whose account the same was deposited, the date and amount thereof, together with the location of the premises to which they relate.

F. Inactive Application. An application may be deemed administratively withdrawn by staff if an applicant has not provided a formal response, revision, or is not actively pursuing the proposed project after a period of one year from the last date of formal comments by the city. (Prior zoning ord. §§ 620—623)

17.36.020 Public hearings procedure.

A. Notice of. No less than 10 days prior to the date of any hearing other than a hearing on an application to grant a cemetery permit, the Director shall:

1. Cause a copy of a notice of the time and place of such hearing to be published as follows:
a. Hearings on general amendments to the ordinance shall be published once in a newspaper of general circulation in the city of Lancaster;
b. Hearings on permits, variances, nonconforming uses or structure review, or zone changes shall be published once in a newspaper of general circulation in the city of Lancaster except that, conditional use permits for a rock quarry, sand, gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material shall be published in 2 newspapers of general circulation at least one of which is a newspaper available in the community in which such use is proposed to be established. Such publications if made in a daily newspaper, shall be for a period of not less than 5 consecutive publications of such newspaper, and if made in a weekly newspaper, shall be for a period of not less than 2 consecutive publications of such paper the first publication in either case appearing not less than 20 days before the date of the hearing;

2. Cause a notice to be mailed by first class mail, postage prepaid, to:
a. The applicant and all persons listed in the application or petition as owners of the property under consideration, and
b. All persons whose names and addresses appear on the verified lists of property owners required to be submitted by the applicant, and
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c. Such other persons whose property might in his judgment be affected by such application or permit;

3. Cause a notice of the time and place of such hearing to be sent to such public officers, departments, bureaus or agencies who, in the opinion of the Director, might be interested, requesting a report thereon;

4. If for a revocation, also serve upon every person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the holder of any lease of record, the record holder of any other estate or interest in or to the premises or any part thereof, written notice of the time and place of such hearing either in the manner required by law for the service of summons, or by registered mail, postage prepaid;

5. If the Director finds that the publication and mailing required by subsections A.1. and 2. of this section will not give sufficient notice to those persons who may be affected, he also shall post at such locations as he deems best suited to inform such persons, notices of the time and place of such hearing.

6. For centers with two or more tenant spaces, each tenant within the center shall be notified of the public hearing notice.

B. Continuance of. If for any reason, the testimony on any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may before adjournment or recess, publicly announce the time and place at which said hearing will be continued and no further notice thereof shall be required.

C. Notice of Action. The commission shall serve notice of its action upon:

1. The applicant for a permit, variance, nonconforming use or structure review, or zone change, or the person owning and/or operating a use for which the revocation of a permit, variance, or nonconforming use or structure is under consideration as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested; and

2. The following persons by first class mail, postage prepaid:
a. The first 3 protestants testifying or speaking at the public hearing, except at a hearing for the revocation or modification of any permit, variance, or nonconforming use or structure, b. The first 3 persons testifying or speaking at a public hearing in favor of the revocation or modification of any permit, variance, or nonconforming use or structure, c. Any other persons testifying or speaking at a public hearing that request such notification from the chairman at the hearing.
(Prior zoning ord. §§ 631—633)
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.36.030 Appeal to the city council from action of city official, board or commission.

Whenever an applicant or an interested citizen of the city desires to appeal to the city council an adverse determination made by a city official, board or commission he shall follow the uniform appeal procedures as outlined in Chapter 2.44 of this code. All inquiries regarding appeals shall be directed to the city clerk's office. (Prior zoning ord. § 641)
Chapter 17.40 GENERAL REGULATIONS
Title 17 - ZONING
Chapter 17.40 - GENERAL REGULATIONS
Article I. General Regulations
Lancaster, California, Code of Ordinances Created: 2024-08-22 08:37:11 [EST] (Supp. No. 10-24, Upd 1)

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Article I. General Regulations

17.40.010 Buildings moved.

No building or structure shall be moved from one lot or premises to another unless such building or structure shall thereupon be made to conform to all the provisions of this title relative to buildings or structures hereafter erected upon the lot or premises to which such building or structure shall have been moved, and shall be made to conform to the general character of the existing buildings in the neighborhood or better. (Prior zoning ord. § 701.2)

17.40.020 Buildings converted or altered.

No building or structure existing at the time of the effective date of the ordinance codified in this title or any amendment thereof which is designed, arranged, intended for or devoted to a use not permitted in the zone in which such building or structure is located, shall be enlarged, extended, reconstructed, built upon or structurally altered unless the use of such building or structure is changed to a use permitted in the zone in which such building or structure is located.
(Prior zoning ord. § 701.3)

17.40.030 Temporary housing in disaster areas.

Notwithstanding any other provision of this title, where an existing residence is damaged or destroyed by a major disaster such as fire, flood or earthquake so declared by the Governor of the state of California during the previous 6 months, a mobilehome may be used as a residence on the same lot or parcel of land by the owner and his family for a period not to exceed one year. This section authorizes only the temporary replacement of a damaged or destroyed residence and not an increase in the number of living quarters permitted on the property. (Prior zoning ord. § 701.4)

17.40.040 Prohibition, general.

A person shall not use or cause or permit to be used any building, structure, improvement or premises located in any zone described in this title contrary to the provisions of this title. (Prior zoning ord. § 701.5)
Article II. Required Area

17.40.050 Defined.

See definition in Section 17.04.240.
(Prior zoning ord. § 702.1)
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17.40.060 Undersized sections.

If as a result of the normal division of an undersized section of land, a parcel of land would be created having less than the required area, such parcel of land shall be considered as having the required area provided:

A. That in no event shall more parcels be created under this section than would result from the breakdown of a normal section of land in the same zone; and B. That this section shall apply only to parcels of land when division of a normal section would create parcels of land having not less than a minimum gross area of 2½ acres; and C. That the total reduction of all parcels in a division of an undersized section shall not exceed 10%; and D. That no lot or parcel of land shall be created which contains less than a minimum gross area of 2¼ acres; and
E. That the creation of such parcels shall meet all the requirements of Ordinance 4478 entitled "Subdivision Ordinance," adopted March 19, 1945.
(Prior zoning ord. § 702.2)

17.40.070 Required area reduced by public use.

If a lot or parcel of land has not less than the required area and after creation of such lot or parcel of land a part thereof is acquired for public use other than for highway purposes, in any manner including dedication, condemnation or purchase, and if the remainder of such lot or parcel has not less than the 80% of the required area, such remainder shall be considered as having the required area. (Prior zoning ord. § 702.3)

17.40.080 Required area reduced for highway purposes.

If a lot or parcel of land has not less than the required area, as defined in Section 17.40.050, and after the creation of such lot or parcel of land a part thereof is acquired for highway purposes exclusively in any manner including dedication, condemnation or purchase, and if the remainder of such lot or parcel has not less than 75% of the required area, then such remainder shall be considered as having the required area, provided the remaining portion of said lot or parcel of land has an area of less than 2,500 square feet, or an area as is otherwise provided herein. The director, without notice or hearing, may approve a reduction of lot area to 75% of the required area where the remaining parcel would have less than 2,500 square feet, but not less than 2,000 square feet, where topographic features, subdivision design or other conditions create an unnecessary hardship or unreasonable limitation making it obviously impractical to comply with the stated minimum. (Prior zoning ord. § 702.4)

17.40.090 Required width of depth reduced by public use.

A. If a lot or parcel of land has not less than the required width and after the creation of such lot or parcel of land a part thereof is acquired for public use in any manner including dedication, condemnation or purchase if the remainder of such lot has a width of not less than 40 feet, such remainder shall be considered as having the required width.

B. If a lot or parcel of land has not less than the required depth and after the creation of such lot or parcel of land a part thereof is acquired for public use in any manner including dedication, condemnation or purchase, Created: 2024-08-22 08:37:11 [EST]
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if the remainder of such lot or parcel has not less than 75% of the required depth, then such remainder shall be considered as having the required depth.
(Prior zoning ord. § 702.5)

17.40.093 Reduction of required yards for street widening.

Where the provisions of Section 17.40.070, 17.40.080 or 17.40.090 are applied on a property adjoining any arterial street, the director may reduce the amount of yard required on a 1:1 basis, provided that the yard may not be reduced to less than 10 feet.
(Ord. 711 § 40, 1995; prior zoning ord. § 702.6)

17.40.095 Reduction of required yards to accommodate transit stops.

Where the city has deemed it necessary to locate a transit stop within a turnout which requires an additional easement or right-of-way, the director may reduce the amount of yard required on a 1:1 basis, provided that the yard may not be reduced to less than 10 feet.
(Ord. 711 § 41, 1995; prior zoning ord. § 702.7)

17.40.097 Reduction of required yards where widening of an arterial street exceeds city standards.

Where the city has deemed it necessary to widen an arterial street in excess of the city standard, the director may reduce the amount of yard required as necessary, provided that the yard may not be reduced to less than 5 feet.
(Ord. 711 § 42, 1995; prior zoning ord. § 702.8)

17.40.100 Contiguous narrow lots.

Where, prior to the territory being zoned R-1, R-2, R-A, A-1, A-2 or A-2-H, lots exist not less than 100 feet deep but less than 50 feet wide, if 2 or more such contiguous lots, or one or more such contiguous lots and one or more lots also contiguous thereto which have a depth of not less than 100 feet, have a total frontage of not less than 50 feet, such lots may be treated and considered as one parcel.

If such parcel is in the RR, SRR or R zones, 2 single-family residences may be constructed thereon and so used. If such parcel is in zone MDR, 2 single-family dwellings or 2 2-family dwellings or one single-family dwelling and one 2-family dwelling may be constructed thereon and so used. (Prior zoning ord. § 702.13)

17.40.110 Sale.

Where a portion of a lot or parcel of land is sold or transferred and as a result of such sale or transfer one or more parcels are created of such an area that the number and location of the buildings thereon no longer conform to the requirements of this article, then, in the determination of the permissible number and location of any buildings on any other parcel so created by such sale or transfer, the portion sold or transferred and the remainder shall be considered as one parcel.

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(Prior zoning ord. § 702.16)

17.40.120 Area or width diminished by public use.

Where a building or structure is lawfully located on property acquired for public use (by condemnation, purchase or otherwise) such building or structure may be relocated on the same lot or parcel of land, although such building or structure is existing as nonconforming use or although the area or width regulations of this title or both cannot be complied with. Where any part of such building or structure is acquired for public use, the remainder of such building or structure may be repaired, reconstructed or remodeled, with the same or similar kind of materials as used in the existing buildings.
(Prior zoning ord. § 702.18)

17.40.130 Reduction of lot area or width.

Except for a conveyance for public use, a person shall not divide any lot or parcel of land or any portion thereof, if as a result of such division or conveyance the area, depth or width of any lot or parcel of land is so reduced, or a lot or parcel of land is created, which lot or parcel of land has an area, depth or width less than the required minimum lot area, depth or width specified for the zone in which the property is located and except for public use no such reduction shall occur in a residential planned development or commercial planned development, without a new public hearing on the case. If the zone does not specify a minimum lot area, depth, or width then the minimum lot area shall be 5,000 square feet, the minimum lot depth shall be 100 feet, and the minimum lot width shall be 50 feet.
(Prior zoning ord. § 702.19)

17.40.140 Rescission.

Any deed of conveyance, sale or contract to sell made contrary to the provisions of this article is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of, the deed or conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, his assignee, heir or devisee. (Prior zoning ord. § 702.20)
Article III. Flood Damage Prevention

17.40.150 Statutory authorization, findings of fact, purpose and methods.

A. Statutory Authorization. The Legislature of the state of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

B. Findings of Fact.

1. The flood hazard areas of the city are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, Created: 2024-08-22 08:37:11 [EST]
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extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

C. Statement of Purpose. It is the purpose of this article to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

1. To protect human life and health;

2. To minimize expenditure of public money for costly flood control projects;

3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4. To minimize prolonged business interruptions;

5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

7. To insure that potential buyers are notified that property is in an area of special flood hazard; and

8. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

D. Methods of Reducing Flood Losses. In order to accomplish its purpose, this article includes methods and provisions for:

1. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion flood heights or velocities;

2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel floodwaters;

4. Controlling fill, grading, dredging, and other development which may increase flood damage; and

5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Prior zoning ord. §§ 705.1—705.1.4)

17.40.160 Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application. "Alluvial fan" means a geomorphologic feature characterized by a cone- or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows and then Created: 2024-08-22 08:37:11 [EST]
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deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex" means the point of highest elevation on an alluvial fan which, on undisturbed fans, is generally the point where the major stream that formed the fan emerges from the mountain front. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this article or a request for a variance.
"Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to 3 feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. See "Special flood hazard area." "Backfill" means the placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving floodwater conveyance or to restore the land to the natural contours existing prior to excavation.
"Base flood" means the flood having a 1% chance of being equalled or exceeded in any given year (also called the "100 year flood").

Building. See "Structure."
"Critical feature" means an integral and readily identifiable part of a flood protection system without which the flood protection provided by the entire system would be compromised. "Curvilinear line" means the border on either a flood hazard boundary map or flood insurance rate map that delineates the special flood, mudslide (i.e., mudflow), and/or flood-related erosion hazard areas and consists of a curved or contour line that follows the topography.
"Development" means any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Fill" means the placement of fill material at a specified location to bring the ground surface up to a desired elevation.
"Fill material" can be natural sand, dirt, soil or rock. For the purposes of floodplain management, fill material may include concrete, cement, soil cement, brick or similar material as approved on a case-by-case basis. "Flood," "flooding" or "floodwater" means:

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1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters;
b. The unusual and rapid accumulation or runoff of surface waters from any source; and/or c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection 1.b. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas as when earth is carried by a current of water and deposited along the path of the current; and

2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection 1.a. of this definition.
"Flood elevation determination" means a determination by the administrator of the water surface elevations of the base flood; that is, the flood level that has a 1% or greater chance of occurrence in any given year. "Flood elevation study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. "Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").
"Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.
"Floodplain management regulations" means the zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain management regulations). "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
"Flood protection system" means those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes.

These specialized flood modifying works are those constructed to conform with sound engineering standards.

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"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." "Floodway encroachment lines" means the lines marking the limits of floodways on federal, state and local floodplain maps.
"Floodway fringe" means the areas of a floodplain on either side of the designated floodway where encroachment may be permitted.
"Fraud and victimization," related to Section 17.40.200, Variance procedures, means the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the variance board will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject, during all those years to increased risk of damage from floods while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. It does not include long-term storage or related manufacturing facilities.
"Hardship" as related to Section 17.40.200, Variance procedures, means the hardship that would result from a failure to grant the requested variance. The variance board requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional.

Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of these problems can be resolved through other means without granting a variance. This is so, even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states with approved programs. "Landfill" means a permitted location for the disposal, placement or dumping of garbage, trash, debris, junk or waste material.

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"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for rent or sale.
"Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Flood Insurance Administration of the Federal Emergency Management Agency. "Mean sea level" means that for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"Minimum necessary" related to Section 17.40.200, Variances procedures, means the minimum necessary to afford relief to the applicant of a variance with minimum deviation from the requirements of this title. In the case of variances to an elevation requirement, this means the variance board need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the board believes will both provide relief and preserve the integrity of the local ordinance. "Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. "New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
"Obstruction" means and includes but is not limited to any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream. "One hundred year flood" means a flood which has a 1% annual probability of being equalled or exceeded. It is identical to the "base flood" which will be the term used throughout this title.

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"Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use.
"Public safety and nuisances" as related to Section 17.40.200, Variance procedures, means the granting of a variance must not result in additional threats to public safety or create nuisances. This title is intended to help protect the health, safety, well-being and property of the local citizens. This is a long-range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans, and keeping new property above the flood levels. These long-term goals can only be met if exceptions to the requirements of this title are kept to a bare minimum.
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sheet Flow Area. See "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1—A30, AE, A99 or AH. "Start of construction" means and includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided the alteration will not preclude the structure's continued designation as a "historic structure."
"Variance" means a grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title.

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"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Prior zoning ord. § 705.2)

17.40.170 General provisions.

A. Lands to Which this Article Applies. This article shall apply to all areas of special flood hazards within the jurisdiction of the city.

B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated July 6, 1981, and the Flood Insurance Rate Map (FIRM), dated January 6, 1982, and all subsequent amendments and/or revisions are adopted by reference and declared to be a part of this article. This Flood Insurance Study (FIS) and attendant mapping is the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the city council by the floodplain administrator. The study and Flood Insurance Rate Maps (FIRMs) are on file at 44933 North Fern Avenue, Lancaster, California 93534.

C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the term of this article and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

D. Abrogation and Greater Restriction. The ordinance codified in this article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

E. Interpretation. In the interpretation and application of this article, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body; and

3. Deemed neither to limit nor repeal any other powers granted under state statutes.

F. Warning and Disclaimer of Liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazards, or uses permitted within such areas, will be free from flooding or flood damages. This article shall not create liability on the part of the city council, any officer or employee thereof, the Federal Insurance Administration of the Federal Emergency Management Agency for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

G. Severability. This article, and the various parts thereof, are declared to be severable. Should any section of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the Created: 2024-08-22 08:37:11 [EST]
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validity of the article as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Prior zoning ord. §§ 705.3—705.3.7)

17.40.180 Administration.

A. Establishment of Development Permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 17.40.170B.

Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures. In zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;

2. Proposed elevation in relation to mean sea level to which any structure will be flood-proof;

3. All appropriate certifications listed in subsection C of this section; and

4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

B. Designation of the Floodplain Administrator. The director of public works is appointed to administer, implement and enforce this article by granting or denying development permits in accord with its provisions.

C. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

1. Permit Review. Review all development permits to determine that the permit requirements of this article have been satisfied;
a. All other required state and federal permits have been obtained; b. The site is reasonably safe from flooding; and
c. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this article, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 17.40.170 B, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 17.40.190. Any such information shall be submitted to the city council for adoption.

3. Whenever a watercourse is to be altered or relocated:
a. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration of the Federal Emergency Management Agency; b. Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

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4. Obtain and maintain for public inspection and make available as needed:
a. The certification required by Section 17.40.190A.3.a. (floor elevations); b. The certification required by Section 17.40.190A.3.b. (elevations in areas of shallow flooding); c. The certification required by Section 17.40.190A.3.c.3) (elevation or flood-proofing of nonresidential structures);
d. The certification required by Section 17.40.190A.3.d.1) or 2) (wet flood proofing standard); e. The certification of elevation required by Section 17.40.190C.2. (subdivision standards); and f. The certification required by Section 17.40.190F.1. (floodway encroachments).

5. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation to the city council. Take action to remedy violations of this article as specified in Section

17.40.170C.
(Prior zoning ord. §§ 705.4—705.4.3)

17.40.190 Provisions for flood hazard reduction.

A. Standard of Construction. In all areas of special flood hazards the following standards are required:

1. Anchoring.
a. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
b. All manufactured homes shall meet the anchoring standards of subsection D. of this section.

2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding.
d. Require within zones AH or AO that adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

3. Elevation and Floodproofing.
a. New construction and substantial improvements shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection A.3.c. of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or Created: 2024-08-22 08:37:11 [EST]
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surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator. b. New construction and substantial improvement in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least 2 feet if no depth number is specified. Nonresidential structures may meet the standards in subsection A.3.c. of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
c. Nonresidential construction shall be either elevated to conform with subsection A.3.a. or b. of this section or together with attendant utility and sanitary facilities:
1) Be floodproof so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.
d. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
1) Either a minimum of 2 openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided, the bottom of all openings shall be no higher than one foot above grade (openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater); or
2) Be certified to comply with a local flood proofing standard approved by the Federal Insurance Administration of the Federal Emergency Management Agency. e. Manufactured homes shall also meet the standards in subsection D of this section.

B. Standards for Utilities.

1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into flood waters.

2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

3. Other utilities are addressed in subsections A.2. and C.4. of this section.

C. Standards for Subdivisions.

1. All preliminary subdivision proposals shall identify the flood hazards area and the elevation of the base flood.

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2. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

3. All subdivision proposals shall be consistent with the need to minimize flood damage.

4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

D. Standards for Manufactured Homes.

1. All manufactured homes that are placed or substantially improved within zones A1—30, AH and AE on the community's Flood Insurance Rate Map on sites (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; (d) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood should be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.

2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1—30, AH and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection D.1. of this section will be elevated so that either:
a. The lowest floor of the manufactured home is at or above the base flood elevation; or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

E. Standards for Recreational Vehicles. All recreational vehicles placed on sites within zones A1—30, AH and AE on the community's Flood Insurance Rate Map will either:

1. Be on the site for fewer than 180 consecutive days;

2. Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or

3. Meet the permit requirements of Section 17.40.180 and the elevation and anchoring requirements for manufactured homes in subsection D.1. of this section.

F. Floodways. Located within areas of special flood hazard established in Section 17.40.170B are areas designated as floodways. Since the floodway is an extremely hazardous area, due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

1. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2. If subsection F.1. of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section.

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(Prior zoning ord. §§ 705.5—705.5.6)

17.40.200 Variance procedures.

A. Nature of Variances. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. Though these standards vary from jurisdiction to jurisdiction, in general, a properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this article would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the planning commission to help protect its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. Therefore, the variance guidelines provided in this article are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

1. In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:
a. The danger that materials may be swept onto other lands to the injury of others; b. The danger of life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. The safety of access to the property in time of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, and streets and bridges.

2. Any applicant to whom a variance is granted shall be give written notice over the signature of a community official that:
a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and
b. Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the floodplain board in the office of the Los Angeles County Recorder Created: 2024-08-22 08:37:11 [EST]
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and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

3. The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration of the Federal Emergency Management Agency.

B. Conditions for Variances.

1. Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of ½ acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 17.40.180 and 17.40.190 have been fully considered. As the lot size increases beyond ½ acre, the technical justification required for issuing the variance increases.

2. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section

17.40.160) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3. Variances shall not be issued within any designated floodway, if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the variance is the "minimum necessary" (as defined in Section 17.40.160), considering the flood hazard, to afford relief.

5. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 17.40.160), to the applicant; and
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create "nuisances" (as defined in Section 17.40.160), cause "fraud or victimization" (as defined in Section 17.40.160) of the public, or conflict with existing local laws or ordinances.

6. Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections B.1.—5. of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

7. Upon consideration of the factors of subsection A.3. of this section and the purposes of this article, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

8. A fee may be charged for the variance process as provided for in Resolution No. 91-174.

C. The city clerk shall certify to the passage of the ordinance codified in this article and shall cause it to be posted or published in a manner required by law.
(Prior zoning ord. §§ 705.6—705.7)
Article IV. Signs
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17.40.210 Off-premises outdoor advertising signs.

A. Purposes. The purposes of this section are as follows:

1. To preserve and improve the appearance of the city as a place to live, work, trade, do business and visit; protect the city from the blighting influence of excessive off-premises outdoor advertising signage; and thereby preserve and enhance the economic base of the city, and safeguard property values within the city;

2. To restrict off-premises outdoor advertising signs so as to avoid increasing the hazards to motorists and pedestrians caused by excessive distracting signage;

3. To precisely identify areas and/or zones where the installation of additional off-premises outdoor advertising signs should be prohibited due to the importance of such areas to the environmental and economic development goals and objectives of the city;

4. To provide for the relocation of existing legal off-premises outdoor advertising signs so as to minimize the adverse effects of such signs on the city's goals and objectives, in accordance with Section 5412 of the Business and Professions Code of the State of California;

5. To remove off-premises outdoor advertising signs from the residential areas of the city, in accordance with Section 5412 of the Business and Professions Code of the State of California;

6. To promote the general welfare and temperance of children and minors, and to intend to help reduce the illegal consumption and purchase of tobacco products by children and minors by limiting their exposure to the advertising of tobacco products on certain off-premises signs;

7. To promote the general welfare and temperance of children and minors, and to intend to help reduce the illegal consumption and purchase of alcoholic beverages by children and minors by limiting their exposure to the advertising of alcoholic beverages on certain off-premises signs;

8. To promote the general welfare and temperance of children and minors, and to intend to help reduce the illegal use or purchase of adult telephone messages by children and minors by limiting their exposure to the advertising of adult telephone messages on certain off-premises signs.

B. Definitions. As used in this section, the following words shall have the following respective meanings:

1. "Outdoor advertising sign" means a sign, display or device affixed to the ground or attached to or painted or posted onto any part of a building or similar permanent structure used for the display of an advertisement to the general public when viewed from outside of a building or similar enclosed area.

2. "Commercial advertisement" means any advertisement which has, as its primary purpose, the promotion of the sale of goods or services by a commercial business or enterprise to the public generally or any significant part thereof.

3. "Noncommercial advertisement" means any advertisement other than a commercial advertisement.

4. "On-premises advertisement" means any commercial advertisement which pertains solely to goods or services, which are produced or offered for sale on the premises where the advertisement is displayed.

5. "Off-premises advertisement" means any commercial advertisement other than an on-premises advertisement.

6. "Construct," when used with reference to a sign, means to install, erect or place on the ground or on a building or structure, or to affix, paint or post on or to a building or structure.

7. "Relocate," when used with reference to a sign, means to move a sign from one location to another, or to remove a sign from one location and construct a similar sign at another location.

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8. "Maintenance" means any activity relative to repair, restoration or preservation of an existing sign, display or device intended to keep such sign, display or device in a state similar to that when originally installed or erected.

9. "Upgrade" means any activity intended to improve the design quality and aesthetic appeal of an existing sign, display or device by modifying structural elements of, or providing substantial cosmetic enhancements to, such sign, display or device, including the change of the sign from conventional copy to a digital advertising display.

10. "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco and dipping tobacco.

11. "Alcoholic beverage" means any beverage in liquid form that contains not less than one-half of one percent of alcohol by volume and is intended for human consumption.

12. "Adult telephone messages" means live or recorded telephone messages containing any harmful matter, as defined in Section 313 of the Penal Code of the state of California.

13. "School" includes any elementary or secondary school, public or private, attendance at which satisfies the compulsory education laws of the state of California.

14. "Public park" means any park, playground or grounds under the control, direction or management of a public entity.

15. "Private park" means any park, playground or ground under control, direction or management of a private entity.

16. "Church" means a development maintained and used exclusively for religious worship, including customary incidental education and social activities in conjunction therewith.

17. "Child care center" means a facility, other than a family day care home, in which less than 24-hour-perday nonmedical care and supervision is provided for children in a group setting as defined and licensed under the regulations of the state of California.

18. "Youth center" means any designated indoor public, private or parochial facility, other than a private residence or a multiple dwelling unit, which contains programs which provide, on a regular basis, activities or services for persons who have not yet reached the age of 18 years, including, but not limited to, community-based programs, after-school programs, weekend programs, violence prevention programs, leadership development programs, vocational programs, substance abuse prevention programs, individual or group counseling, case management, remedial, tutorial, or other educational assistance or enrichment, music, art, dance, and other recreational or cultural activities, physical fitness activities and sports programs.

19. "Digital advertising display" (DAD) means a display created by light-emitting diodes, liquid crystal displays, display panels, pixel or sub-pixel technology, or other similar means.

20. "Residential structure" means any building that includes a kitchen and at least one bedroom and bathroom that is being occupied and used as a dwelling unit at the time an application for relocation of a billboard is submitted to the city; and for which the city has on file a current and valid certificate of occupancy for the building as a residential occupancy classification.

C. Application to Existing Signs. Any off-premises outdoor advertising sign which was constructed in conformance with the requirements of this title as they existed at the time of such construction, but which is not in conformance with the requirements of this section, shall be deemed a legal nonconforming use which must be maintained, and may be upgraded subject to the restrictions and limitations imposed on nonconforming uses by Chapter 17.32. Such signs may be compelled to be removed through eminent domain proceedings subject to the requirements and limitations imposed by Sections 5412 through 5412.4 Created: 2024-08-22 08:37:11 [EST]
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of the Business and Professions Code of the state of California, the provisions of which, as they may from time to time be amended, are incorporated herein by this reference.

D. Fees. The city council may, by resolution, establish fees for any or all of the administrative processes established by this section.

E. Director's Review. Relocations of and upgrades to off-premises commercial advertising signs are subject to a director's review as set forth in this section.

F. Preclusions of New or Additional Signs. No new or additional off-premises outdoor advertising signs shall be constructed in any zone district or area of the city after the effective date of the ordinance codified in this title; provided, however, that upon a finding that the purpose(s) of this section would not be served by the application of this prohibition to a particular area within the city, the city council may by resolution designate such area(s) as exempt from the provisions of this paragraph.

G. Amortization in Residential Zones. No off-premises outdoor advertising sign shall be relocated into any residential zone. Such signs located in any residential zone as of February 6, 1985, shall be removed in accordance with the following amortization schedule:

Fair Market Value of Off-Premises
Commercial Advertising Sign
On February 6, 1985
Before Removal Years Allowed
Under $1,999.00 2
$2,000.00 to $3,999.00 3
$4,000.00 to $5,999.00 4
$6,000.00 to $7,999.00 5
$8,000.00 to $9,999.00 6
$10,000.00 and over 7
H. Other Location Restrictions. An off-premises commercial advertising sign may be relocated or upgraded provided that:

1. It is relocated no closer than 500 feet to a previously constructed off-premises commercial advertising sign located on the same or opposite side of the same street; or

2. It is relocated no closer than 200 feet to any a residential structure, school, church or similar place of worship, historical building, cemetery or similar place of interment, private park.

I. Size Restrictions. No off-premises commercial advertising sign shall be relocated or upgraded unless it complies with the following restrictions:

1. The sign shall not exceed 32 feet in height from ground level.

2. The total area of a single sign face shall not exceed 300 square feet. The total area of a double-faced sign shall not exceed 600 square feet.

3. The size and height restrictions listed in this section may be modified for a digital advertising display relocation or upgrade as provided in subsection (R). The height restrictions for a relocation or upgrade of a conventional advertising display may be modified as provided in subsection (R)2.

J. Visual and Maintenance Standards. No off-premises outdoor advertising sign shall be relocated or upgraded unless it complies with the following requirements.

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1. The message copy area of the relocated or upgraded sign may be no larger than the message copy area of the original sign or the size restrictions established in subsection (I), whichever is less, unless modified pursuant to subsection (I)3.

2. Such sign may be relocated to a new site only if the sign at the new site complies with all setback and yard requirements of the underlying land use zone.

3. Such sign may be relocated to a new site only if the sign at the new site is built with no more than one supporting post.

4. The sign structure shall be architecturally treated so as to screen the frame, support structures and lighting from public view. A combination of landscaping and other decorative materials can be used to comply with this section. The color and materials of this architectural treatment shall be in conformance with the architectural plan approved pursuant to subsection (K) and subsection (L) and shall be subject to further design review, as may be determined by the community development director.

5. Utility lines providing electrical power to a relocated sign shall be underground.

6. The sign shall be continuously maintained in an attractive, clean and safe condition.

7. Digital advertising displays shall comply with the visual standards contained in subsection (R).

K. Director's Review Procedures. Relocation of or upgrade to off-premises outdoor advertising signs is subject to a director's review that shall be conducted upon the community development department's receipt of a complete application, which shall, at a minimum, include the following:

1. Elevations. Fully dimensioned and scaled colored elevations of each view (indicating direction as north, east, south, west) of the proposed sign, including height;

2. Site Plan. A site plan on which the proposed sign is to be relocated, disclosing the location of the sign in relation to other improvements on the site as well as adjacent properties;

3. Context Aerial Map. An aerial map stating the distances between the proposed sign the nearest offpremises commercial advertising sign, residential structure, school, church or similar place of worship, historical building, cemetery or similar place of interment, and private park;

4. Visual Simulations. Visual simulations showing photographs of existing sign and photo simulations of proposed sign;

5. A description of the proposed architectural treatment of the sign structure, disclosing proposed colors and materials.

6. Such other information as the community development department deems appropriate to determine compliance with the provisions of this section.

L. Determination of Director's Review. The development services director shall review each application filed under subsection (K) and shall make a decision thereon. If the proposed sign complies with this title and all other requirements of the law, and if the colors and materials of the architectural treatment required by subsection (J) of this section are attractive and suitable for the purpose of providing the required screening, the permit shall be issued based upon application as submitted. If the proposed sign can be brought into such compliance by modifications in the proposal, the permit shall be issued subject to conditions requiring such modifications. Otherwise, the application shall be denied.

M. Appeal Procedures. An appeal may be filed in accordance with Section 17.32.820. Such appeal shall be filed with the city clerk in accordance with Section 17.36.030.

N. Relocation Agreements. An off-premises outdoor advertising sign may be relocated within or to the C, LI, or HI zones provided an agreement for such relocation between the sign owner and the city is approved by the Created: 2024-08-22 08:37:11 [EST]
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development services director. The development services director may approve such relocation agreement if the sign will, upon its relocation, comply with the requirements of this section and if, the relocation will promote the purposes of this section. The relocation agreement shall contain such terms and conditions pertaining to the relocation and maintenance of the sign as are consistent with this section and mutually agreeable to the parties thereto.

O. Prohibition.

1. Tobacco Advertising Prohibited in Certain Areas of the City. No person shall place or cause to be placed any advertisement for cigarettes or other tobacco products on any off-premises outdoor advertising sign within 200 feet of a residential zone, or within 1,000 feet of the premises of any school, park, youth center, child care center or church.

2. Alcoholic Beverage Advertising Prohibited in Certain Areas of the City. No person shall place or cause to be placed any advertisement for alcoholic beverages on any off-premises outdoor advertising sign within 200 feet of a residential zone, or within 1,000 feet of the premises of any school, park, youth center, child care center or church. This prohibition shall not apply to outdoor advertising signs located on property adjacent to, and designed to be viewed primarily by, persons traveling on a freeway.

3. Advertising Adult Telephone Message Prohibited in Certain Areas of the City. No person shall place or cause to be placed any advertisement for live or recorded telephone messages containing harmful matter, as defined in Section 313 of the Penal Code, on any off-premises outdoor advertising sign within 200 feet of a residential zone, or within 1,000 feet of the premises of any school, park, youth center, child care center, or church.

P. Digital Advertising Displays (DAD). The installation of a DAD is permissible in conjunction with the upgrade or relocation of an off-premises outdoor advertising sign subject to the following requirements:

1. Modification of Sign Face Size Requirements. Generally, a DAD shall be subject to the same sign face size restrictions as contained in subsection (I). However, given the unique characteristics of DAD's, an applicant may request a modification to the maximum sign face size restrictions under the following conditions:
a. The applicant demonstrates, to the satisfaction of the Development Services director, that the larger size is necessary to provide a readable DAD in a cost-effective manner; and b. The maximum sign area for a single-face DAD is 675 square feet, or for a double-face sign is a total of 1,350 square feet (see subsection (P)1.d.); and c. The applicant agrees to remove, or has already removed and agrees to permanently surrender rights to, off-premise outdoor advertising signage with the city that is equal to or greater in square-footage than the excess amount requested beyond the limits established by subsection (I)2. Such signage shall be specifically identified in either the relocation agreement required under subsection (N) or a separate binding agreement between the city and the applicant. d. The maximum size face area listed in subsection (P)1.b. is also allowable for a static display sign face that is the opposite face of a DAD, provided that it is no larger than the DAD.

2. Modification of Height Requirements. Generally, a DAD shall be subject to the same height restrictions as contained in subsection (I). Height restrictions may be modified for a DAD upgrade immediately adjacent to the freeway if the applicant demonstrates that compliance with the 32-foot height limit would impair visibility for a portion of the sign face. Increased height shall only be permitted to the extent necessary to allow reasonable view of the sign face.

3. No DAD shall depict or simulate any motion or video (e.g. video clips, flashing, etc.) Created: 2024-08-22 08:37:11 [EST]
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4. The DAD may be programmed to allow changeable messages, provided that any image shall be displayed for a minimum of 6 seconds, and transitions between slides shall not exceed one second.

5. Each DAD shall include a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The nighttime intensity shall be limited to 0.3-foot candles (over ambient levels) as measured at a preset distance as established by the Lewin Report as prepared for the Outdoor Advertising Association of America (OAAA). The city may modify or further restrict the intensity of any DAD display should the lighting create a distraction to drivers or an adverse effect on nearby residential property.

6. The city may, as part of an upgrade or relocation that results in the installation of a DAD, require that time be available for the posting of public announcements on the DAD, subject to space availability. (Ord. 757 § 1 (Exh. A), 1999; Ord. 756 § 1 (Exh. A), 1999; Ord. 755 § 1 (Exh. A), 1999; Ord. 668 § 1, 1994; prior zoning ord. §§ 707.6—707.6.16)
(Ord. No. 950, §§ 1, 2, 8-24-2010; Ord. No. 1045, § 3, 7-10-2018)

17.40.220 Subdivision sales signs.

Temporary subdivision sales signs, entry signs and special feature signs shall be accompanied by site plan or other pertinent information and approved by the director in order to be permitted in all zones.

A. Subdivision Sales Signs.

1. One freestanding subdivision shall be pertained per street frontage.

2. Sign Area. The sign face shall not exceed 180 square feet per sign face or 360 square feet in total sign area.

3. Height Permitted. Twelve feet measured vertically from ground level at the base of the sign.

4. Location. Each sign shall be located on the subdivision and be oriented to read from the street or highway where the sign is permitted. The distance between subdivision signs shall be a minimum of 500 feet.

5. Lighting. Subdivision signs may be internally or externally lighted. Continuous or sequential flashing is not allowed.

6. Time Limit. Subdivision sales signs shall be maintained only until all the property is disposed of, or for a period of 3 years from the date of issuance of the first building permit. The approved sales sign shall be removed at the end of the 3-year period. The director may extend the permitted time beyond 3 years, if needed by the owner of the property. The owner must make the request in writing.

7. Copy. All copy shall relate exclusively to the subdivision being offered for sale.

B. Subdivision Entry and Special Feature Signs.

1. Such signs are permitted and shall be located within a subdivision to facilitate entry and movement.

2. Sign Area.
a. Subdivision Entry Signs. The sign face shall not exceed 12 square feet per sign face or 24 feet in total sign area.

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b. Special Feature Signs. The sign face shall not exceed 6 square feet per sign face or 12 feet in total sign area.

3. Height Permitted.
a. Subdivision Entry Signs. Shall not exceed a maximum height of 8 feet measured from the base of the sign.
b. Special Feature Signs. Shall not exceed 6 square feet in sign area or 12 square feet in total sign area.

4. Lighting. Signs shall be unlighted.

5. Time Limit. Shall have the same time limit as subdivision sales signs approved for the same tract and shall be removed at the end of such period.

C. Subdivision Kiosk Signs.

1. Contents of Application. An application for a subdivision kiosk sign shall be filed as a director's review, and shall contain the following information:
a. A scale drawing of the proposed sign;
b. Proposed location of the sign, including distance from adjacent streets and public sidewalks;
c. The proposed colors of the sign.

2. Development Standards. All subdivision kiosk signs shall be of a consistent design and shall comply with the following standards:
a. Height. The overall height of the sign shall not exceed 10 feet, measured from the ground level at the base of the sign.
b. Width. The overall width of the sign shall not exceed 6 feet. c. Individual Sign Panels. Individual sign panels shall not exceed one foot in width and 6 feet in length. Copy on sign panels shall be limited to the name of the subdivision and/or builder, and a directional arrow.
d. Location. Signs may be located on either public or private property, provided that the appropriate agency or property owner has given their written consent. Signs shall not obscure required line of sight visibility for motorists or pedestrians. e. There shall be no additions, tag signs, streamers, flags, banner devices, display boards, or appurtenances added to the signs as originally approved. Further, no other directional signs shall be used, including but not limited to posters or portable outdoor advertising signs.
f. Subdivision directional signs may advertise tracts either within the city limits or within that portion of the county of Los Angeles which is within the city's sphere of influence.

3. Approval Process.
a. Approval Authority. Application shall be reviewed and approved by the department of community development.
b. Building Permit. The applicant shall obtain all necessary construction permits from the department of public works.

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c. Separate Agreement. The city may, at its discretion, enter into an agreement with a private entity for the purpose of erecting and maintaining subdivision kiosk signs. Such agreement shall be consistent with the provisions of this section, but may also establish other requirements not specifically addressed by this section. (Ord. 849 § 1 (Exh. A § 2), 2005; prior zoning ord. § 707.15) Created: 2024-08-22 08:37:11 [EST]
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Article V. Publicly Visible Art on Private Property

17.40.230 Definitions.

As used in this chapter, the following words and phrases have the meanings set forth below:
"Artist" means an individual or team of individual artists whose body of work and professional activities demonstrate serious ongoing commitment to the fine arts. History of professional art exhibitions, auction record, and reputation in the professional art community are some factors that may assist in making a determination that an artist demonstrates such commitment. An applied artist or tradesperson does not constitute an artist as defined herein and for purposes of this chapter. Members of architectural, engineering, design or landscaping firms retained for the design and construction of a development project covered by this chapter shall not be considered artists for the purpose of meeting the requirement to provide public art.

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"Artwork" or "work of art" means a visual work of art, as distinguished from the performing arts, media art and literary or cultural arts. The works of art may either be permanent or, in some circumstances, temporary, as required by the specific project, and installed in public view. For purposes of this chapter, "artwork" does not include a business-related work, as defined herein.
"Business-related work" means a visual representation of which more than twenty (20) percent of the overall image contains lettering or logo that is related to the business or establishment at which the visual representation is located. Business-related works are subject to the applicable sign permitting and approval provisions set forth in title 17 of the Lancaster Municipal Code.
"City" means the City of Lancaster.
"Code" means the Lancaster Municipal Code.
"Manual" means the art in public places program and manual approved by the city council, and as may be revised from time to time.
"Publicly visible art" means any permanent display of a work of visual art that was specifically designed to be located on private property within the city where it would be accessible to public view. The work of art may include, without limitation, murals, mosaics, sculptures, artist-designed landscape features, streetscape features and earthworks. For purposes of this article, temporary displays of artwork on private property are subject to the procedures and guidelines set forth herein.
(Ord. No. 1057, § 3, 3-26-2019)

17.40.240 Art in public places program; manual.

A. The city council has approved the art in public places program and the associated manual. The purpose of the program is to provide publicly accessible works of art for the benefit of the city, its citizens and its visitors, and to increase citizens' appreciation of art, improve the quality of life and enhance and identify the Antelope Valley as a unique community for its residents and visitors.

B. General guidelines and criteria regarding publicly visible art, the procedure for application, review, approval, and private property owners' responsibilities concerning publicly visible art are set forth in the art in public places manual, as may be revised from time to time.
(Ord. No. 1057, § 3, 3-26-2019)

17.40.250 Public art application fee.

A private property owner who wishes to install publicly visible art in the city shall submit an application in accordance with the procedures set forth in the program and manual, and shall tender the requisite fee as established by resolution, as may be amended from time to time. (Ord. No. 1057, § 3, 3-26-2019)

17.40.260 Violation; nuisance.

The city council declares that it is an unlawful for any person to install, erect, maintain or permit the maintenance of publicly visible art in a manner that is in violation of this chapter or the art in public places program and manual. Any such publicly visible art further constitutes a public nuisance subject to abatement in accordance with the procedures set forth in chapter 8.28 of this Code. The procedures for abatement shall not be Created: 2024-08-22 08:37:12 [EST]
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exclusive and shall not limit or restrict the city from pursuing any other remedies available at law, or from abating or causing abatement of public nuisances in any other manner provided by law. (Ord. No. 1057, § 3, 3-26-2019)
Article VI. Criteria and Standards for Recycling Facilities

17.40.290 In general.

The following criteria and standards set out in this article shall be applied to each type of recycling facility as appropriate whether the facility is a permitted use or use subject to director's review and approval. (Prior zoning ord. § 710.000)

17.40.300 Reverse vending machines.

Reverse vending machine(s) located completely within a commercial or industrial building need not comply with the following criteria and standards. Reverse vending machines do not require additional parking space for recycling customers. Such machines outside of a building shall comply with the following standards regardless of the zone in which it is located:

A. Shall be established in conjunction with a commercial or industrial use or community service facility which is in compliance with this title and city building and fire codes; B. Shall be located within 30 feet of the entrance to the commercial structure on a surfaced site and shall not obstruct pedestrian or vehicular circulation;
C. Shall not occupy parking spaces required by the primary use; D. Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than 8 feet in height;
E. Shall be constructed and maintained with durable waterproof and rust-proof material. The color of the machine shall be compatible with the colors utilized on the site upon which it is located; F. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative; G. Shall have a sign area of a maximum of 4 square feet per machine, exclusive of operating instructions; H. Shall be maintained in a clean, litter-free condition on a daily basis; I. Operating hours shall be at least the operating hours of the primary use; J. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;
K. Failure to comply with any standard shall be grounds for the director to order removal of the machines. (Prior zoning ord. § 710.010)

17.40.310 Small collection facilities.

Small collection facilities shall comply with the following standards:

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A. Shall be established in conjunction with a commercial or industrial use or community service facility which is in compliance with this title and city building and fire codes; B. Shall be no larger than 500 square feet and occupy a surfaced site; C. Shall be set back at least 10 feet from any street line and shall not obstruct pedestrian or vehicular circulation;
D. Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with written permission of the Los Angeles County department of health services, hazardous materials control program (213-744-3223);
E. Shall use no power-driven processing equipment except for reverse vending machines; F. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, the color of the containers shall be compatible with the colors utilized on the site upon which they are located, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;
G. Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present; H. Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;
I. Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA;
J. Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9 a.m. and 7 p.m.; K. Containers for the 24 hour donation of materials shall be at least 50 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;
L. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;
M. Signs may be provided as follows:

1. Recycling facilities may have identification signs with a maximum of 20% per side or 16 square feet, whichever is larger, in addition to informational signs required under subsection L of this section; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container.

2. Signs must be consistent with the character of the location.

3. Directional signs, bearing no advertising message, may be installed with the approval of the director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way;
N. The facility shall not impair the landscaping required by this title or any permit issued pursuant thereto; O. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of the primary use. One space will be provided for the attendant, if needed; Created: 2024-08-22 08:37:12 [EST]
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P. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
Q. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary use unless all of the following conditions exist:

1. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.

2. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility is expected to be on the site.

A reduction in available parking spaces in an established parking facility may then be allowed as follows:

For a commercial/industrial primary use:

Number of Available Maximum
Parking Spaces Reduction
0—25 0
26—35 2
36—49 3
50—99 4
100+ 5
For a community facility primary use:

A maximum 5 spaces reduction will be allowed when not in conflict with parking needs of the primary use;
R. The following shall be grounds for the director to order the removal of the small collection facility:

1. Failure to comply with any standard set forth in this section,

2. A parking study shows that existing parking capacity has become fully utilized and the parking occupied by the facility is needed for the customers or clients of the primary use. (Prior zoning ord. § 710.020)

17.40.320 Large collection facilities.

A large collection facility is larger than 500 square feet, or is on a separate property not appurtenant to a primary use, and which may have a permanent building. Large collection facilities shall comply with the following standards:

A. Facility does not abut a property zoned or planned for residential use.

B. Facility will be screened from the public right-of-way by operating in an enclosed building or:

1. Within a surfaced area enclosed by a masonry wall at least 6 feet in height with a 10 foot landscaped strip;

2. At least 150 feet from property zoned or planned for residential use;

3. Meets all applicable noise standards in this section.

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Lancaster City CouncilMay 13, 2025

Lancaster City Council
May 13, 2025