CITYOF FARMERSVILLE  Farmersville Planning Commission  Regular Meeting  Marisa Llamas, Chairperson Freddy Espinoza, Vice Chair Jerry Luna, Commissioner Raul Casas, Commissioner Araceli Ochoa, Commissioner  Wednesday, January 17, 2024 6:00 PM Meeting held in Civic Center Council Chambers - 909) W. Visalia Road Farmersville, California  1. Call to Order: Roll Call:  2. 4.  3. Pledge of Allegiance: Public Comment:  This portion oft the agenda is reserved for persons wishing to address the Planning Commission on any matter that is not listed for review on the agenda. Individuals must give their name and address and limit their comments to three minutes. Issues raised during Public Comments are informational only and the Planning Commission cannot take action at this time. All comments shall be directed towards the  Chairpersons and not to individual Commissioners or staff.  5.  Approval of Minutes:  A. Minutes of Regular Planning Commission Meeting on Minutes 12-13-  2023  Recommend approval of minutes.  Documents: Draft Action Minutes 12-13-2023.  6.  Public Hearings:  A. Conditional Use Permit 2023-03 (Sandoval). An application for a Conditional Use Permit to construct and operate an 8-unit multi-family residential project on four parcels containing approximately % acre located on the east side of Shasta Avenue between Visalia Road and Costner  Street. Resolution 2024-01.  7.  General Business:  A. Zoning Ordinance Update. Informational presentation on new draft chapters completed as part of the comprehensive update of the  Farmersville Zoning Ordinance.    8. Commissioner Comments: 9. City Planner Comments: 10. Adjournment:  Respectfully Submitted Rochelle Giovani City Clerk    CITYOF FARMERSVILLE,  Farmersville Planning Commissioner  Regular Meeting  Marisa Llamas, Chairperson Freddy Espinoza, Vice Chair Jerry Luna, Commissioner Raul Casas, Commissioner Araceli Ochoa, Commissioner  Wednesday, December 13, 2023, 6:00 PM Meeting held in Civic Center Council Chambers -909V W. Visalia Road Farmersville, California  1.  Call to Order: 6:03 pm  2. Roll Call: Attendee Name Jerry Luna Raul Casas Marisa Llamas Freddy Espinoza Araceli Ochoa 3. 4.  Title  Status Present Present Present Absent Present  Arrived 6:00 pm 6:00 pm 6:00 pm 6:00 pm  Chairperson Vice Chair Commissioner Commissioner Commissioner  Pledge of Allegiance: Led by Chairperson Luna.  Commission Matters:  a.  Swearing in of new Commissioner  Araceli Ochoa was officially sworn in as the new Commissioner by the Deputy City Clerk. Following the swearing-in ceremony, she assumed her position at the dais. City Attorney Michael Schulte called for nominations for the 2024 Chairperson. Vice Chair Casas nominated Commissioner Llamas, and Chairperson Luna seconded the nomination. The nomination was approved by the following roll call vote:  b.  Selection of Chairperson and vice-Chairperson  RESULT MOVER AYES ABSENT ABSTAIN  APPROVED Vice Chair Casas Llamas, Casas, Luna, Ochoa Espinoza 0  SECONDER Chairperson Luna  CommissionerLung then passed the gavel to Chairperson Llamas.    City Attorney Michael Schulte called for nominations for the 2024 Vice Chair. Vice Chair Casas nominated Commissioner Espinoza, and Commissioner! Luna seconded the nomination. The nomination was approved by the following roll call vote:  RESULT MOVER AYES ABSENT ABSTAIN 5.  APPROVED Vice Chair Casas Llamas, Casas, Luna, Ochoa Espinoza 0  SECONDER Commissioner Luna  Public Comment: None given.  This portion oft the agenda is reserved for persons wishing to address the Planning Commission on any matter that is not listed for review on the agenda. Individuals must give their name and address and limit their comments to three minutes. Issues raised during Public Comments are informational only and the Planning Commission cannot take action att this time. All comments shall be directed towards the  Chairpersons and not toi individual Commissioners or staff.  6. Approval of Minutes:  A. Minutes of Regular Planning Commission Meeting on Minutes 11-15-  2023  Recommend approval of minutes.  Documents: Draft Action Minutes 11-15-2023  Motion to approve as presented.  RESULT MOVER AYES ABSENT ABSTAIN  APPROVED Commissioner Casas Llamas, Casas, Luna Espinoza Ochoa  SECONDER Chairperson Llamas  7. Public Hearings:  A. Kaweah Poite Project: An application to amend zoning and land use designations, approve a Conditional Use Permit and a Tentative Subdivision Map to establish 151 single family residential lots, a 1.1-acre neighborhood park, open space corridors and an outlet for future commercial development on a 36.5-acre site on the north side of Visalia Road between the Virginia Avenue alignment and the. Tulare Irrigation  District channel.    a. Resolution 2023-16 (Environmenta finding)  b. Resolution 2023-17 (General Plan and zoning amendments) < Resolution 2023-18 (Conditional Use Permit for Planned Development  designation)  d. Resolution 2023-19 (Tentative Subdivision Map)  City Planner Karl Schoettler delivered a presentation on the Kaweah Pointe Projecta proposed subdivision situated to the north of Visalia Road, just west of the Virginia Avenue alignment. Mr. Schoettler highlighted the project's location, primarily agricultural land, as he explained the general plan land use map. Displaying both the existing zoning map and the proposed subdivision map, he delineated the single-family lots, neighborhood park, and storm drain basin. Additionally, he outlined forthcoming traffic calming measures designed to enhance safety, slow down traffic, and promote walkability in the neighborhood. His presentation covered a review of the environmental study, concluding with recommended actions for the Planning Commission's  consideration and adoption.  Allen Williams, representing AW Engineering on behalf of their clients at Smee Homes, addressed the Commissioners and extended appreciation to the City Staff for their dedicated work in overcoming design challenges for this project. The demanding sites and the overall increase in construction costs necessitated adjustments to the configurations of smaller lots to offset the heightened expenses. Nevertheless, he is optimistic that the redesigned layout enhances the creation of more open space. Commissioner Ochoa raised concerns about safety and traffic, particularly noting that a signalized intersection is projected to be implemented 19 years from now. City Manager Jennifer Gomez mentioned that the City could utilize transportation funds, combined with grant efforts; to install signalized lights, provided that the project is prioritized by the Commissioner Ochoa also inquired about the noise levels in the high-traffic area along Visalia Road. City Planner Karl Schoettler assured her that a sound wall would be installed where the homes back up to Visalia Road. Additionally, she asked about the lot sizes, and Mr. Williams clarified that the lot depth remains unchanged, with only a 10- Commissioner Luna voiced concerns about traffic congestion when exiting the neighborhood, especially during the morning commute. He proposed connecting Ash Street to the project to establish an altemative exit route. However, City Planner Karl Schoettler clarified that the adjacent property required for this connection is owned by a different developer. Despite this, he remains optimistic that the other developer will initiate their project soon, creating the potential for both projects to progress  City Council.  foot reduction in width.  concurrently.    City Manager. Jennifer Gomez addressed the traffic concerns, confirming that the project includes two exit points to Visalia Road. She also highlighted that, as part of the Tulare County Widening of Visalia Road, she has requested the realignment of Virginia Commissioner Ochoa inquired about whether Farmersville residents would have priority access to living in the subdivision. City Planner Karl Schoettlernoted that while the project would. mainly be advertised to Farmersville residents, legal restrictions prevent exclusive access foronly Farmersville residênts. Additionally, Commissioner Ochoa expressed concerns about the walking path toward the canal along the ditch, citing issues related to homelessness. She emphasized the need to ensure safety and proper lighting, especially considering that this is a primary walking route for many middle  Ave to establish an additional controlled intersection.  school. students.  A public hearing was opened at 6:40 p.m.  Carl Desrosiers, a Farmersville resident, expressed concerns about the proposed zoning charge, specifically mixing single-family homes with multifamily homes. He also sought information about the sound wall that would separate the neighborhood. In addition, Mr. Desrosiers mentioned receiving an original letter from the City stating that City Planner Karl Schoettler addressed Mr. Desrosiers' concemns, explaining that there might be confusion with the Eagles Meadows project proposed south of Visalia Road,  there would be two parks in the neighborhood.  as it pertains to the parks mentioned in the original letter. The public hearing was closed at 6:46 p.m.  Motion to approve and adopt Resolutions 2023-16 to 2023-19 as presented.  RESULT MOVER AYES NOES ABSENT ABSTAIN  APPROVED CommissionerLuna Llamas, Casas, Luna Ochoa Espinoza 0  SECONDER Commissioner Casas  B. Gardenia Courtyards Project: An application to amend zoning and land use designations and approve a Site. Plan Review for a multi-family housing development on a 6.6-acre portion of a 9.3-acre site located on the east side of Farmersville Boulevard approximately 625 feet north of  Walnut Avenue.  a. Resolution 2023-20 (Environmental finding) b. Resolution 2023-21 (General Plan and zoning amendments) Resolution 2023-22 (Site Plan Review)    City Planner Karl Schoettler delivered a presentation on the Gardenia Courtyard Project-a proposed development featuring senior and multi-family housing projects on the east side of Farmersville Blvd, north of Walnut Avenue. Currently, the site location is vacant and. zoned for General Commercial. Mr. Schoettler. reviewed. the proposed site plan, environmental study, traffic circulation, and the Craftsman style oft the proposed project. Additionally, Mr. Schoettler. highlighted that this project will significantly contribute to the City's housing element and the number of housing units the City should be facilitating for various income groups expected to reside in the town, both now and in Mr. Schoettler noted that the developer has three wel-maintained developments in town: Park Creek Village, Gateway Village, and Farmersville Senior Housing. Commissioner Ochoa sought clarification on the eligibility requirements for this development, given the specific and challenging criteria for Self-Help housing in town. City Manager Jennifer Gomez explained that the first phase of the Self-Help project was designated for farmworkers, contributing to difficulties in occupancy. To elaborate, there are over 700 applications for the second phase. Jacob Soroudi from AMG. Associates clarified that the housing will be reserved for households earning less than 60% of the Tulare County median income, with an additional requirement for senior housing  the future.  occupants to be above 62 yearsofage.  Commissioner Ochoa raised safety concerns about the projected signal lights for 2043, anticipating significant traffic congestion. In response, City Manager Jennifer Gomez highlighted ongoing efforts by engineers to conduct a study connecting Citrus all the way around and up on the east side of the high school to Road 168. This plan includes ar roundabout at Walnut St to enhance traffic flow and alleviate congestion, especially  around the high school area.  A public hearing was opened at 7:04 p.m.  Arianna and. Javier Gonzales, résidents of single-family houses situated east of the project on county land, express concerns about the increased traffic entering and exiting their property. They also have questions about the potential future annexation of their land. Furthermore, the prospect of developing two-story housing along the side of their property raises concerns about privacy issues for the Gonzales family.  The public hearing was closed at 7:13 p.m.  City Attorney Michael Schulte clarified that annexation is not typically initiated by the City itself; rather, jt is the developers or property owners who actively seek annexation City Planner Karl Schoettler clarified that there will be a 7-foot concrete wall surrounding the proposed development, and the apartment buildings will be positioned to the west of the county homes to maximize privacy within the constraints of the design. Additionally, traffic engineers recommend installing a median on Farmersville Blvd to reduce the  from the County.    potential for conflicts, acknowledging that this might slightly impact the timing of entering Motion to approve and adopt Resolutions 2023-20 to 2023-22 as presented.  and exiting the Gonzales property.  RESULT- MOVER AYES NOES ABSENT ABSTAIN  APPROVED Commissioner Luna Llamas, Casas, Luna, Ochoa  SECONDER Commissioner Casas  0 Espinoza 0  8. C General Business: A. None. 9. Commissioner Comments:  Commissioner Ochoa stressed the importance of safety across all projects and emphasized the need for thorough evaluation by City Engineers during the approval CommissionerLuna noted the absence of a crosswalk on Costner/Farmersvulle Blvd. City Manager Jennifer Gomez clarified that the previous crosswalk, not authorized by engineers, was removed during the Blvd's renovation. A new study will determine the City Manager.Jennifer Gomez also highlighted an ongoing project at Farmersville Blvd and Citrus where the City is installing a new hawk system. Activating the signal will illuminate across the four lanes, ensuring a conspicuous indication when someone is  process.  proper placement of the crosswalk.  crossing the road. 10. City Planner Comments:  City Planner Karl Schoettler is hopeful about presenting a few additional chapters of the zoning code for review with the Commissioners at the upcoming meeting. Additionally,  he is nearing the completion of the downtown specific plan.  11.A Adjournment: 7:27 p.m. Respectfully submitted. Betina Ashoori Deputy City Clerk  )    AGENDAI ITEM 6B  STAFF REPORT  FARMERSVILLE PLANNING COMMISSION  Date: January 17,2024  To:  Farmersville Planning Commission From: Karl Schoettler, Planning Consultant Subject: Site Plan Review 2023-01 Conditional Use Permit 2023-03 ummary/Recommendation  The request is to allow for the establishment of a small multi-family project on a % acre site Itisr recommended the Planning Commission consider the staff report and any public testimony  located at 190-202 N Shasta Avenue.  offered and approve the application by adopting Resolution 2024-01.  Discussion/Analysis  The applicant has submitted a Conditional Use Permit application to construct a small multi- family project on a 1/2 acre site on the east side of Shasta Avenue, north of Visalia Road (see Exhibit 1 (Location Map) and Exhibit 2 (Aerial Photo)). The proposed project includes 8-unit multi-family units along with parking, landscaping and other improvements. The project site is zonèd "R-M-2.5", (PD)(Muli-Family Residential- one unit per 1,700 square feet ofland area (Planned Development overlay zone)) and is currently vacant. This zone allows for the establishment ofmulti-family residential units. The parcels immediately to the north, west, and south oft the proposed project site are also zoned "R-M-2.5" (Multi-Family Residential); therefore thè proposed use will be harmonious with its surroundings.  Its should be noted that the site was previously approved by the Planning Commission in 2006 for a] parcel map and condomium developmentyusing: a similar design as that currently proposed. Asaresult oft the parcel map approved in 20061 the site does feature four parcels; therefore even though the applicant intends to rent the proposed units, some features ofthe condominium concept will need to be satisfied - specifically, in order to provide for maintenance of common areas (e.g. parking, landscaping trash enclosures, etc.) the applicant will be required to prepare Homeowners Association bylaws for review and approval by-the City Attorney, prior to  However, that project was never built and has since expired.  occupancy oft the site.  -1-    Report to Farmersville Planning Commission Conditional Use Permit 2023-03 (Sandoval)  Site Design  The proposed design features 4 two-story duplexes situated around a common parking area for guests (see Exhibit 3). Each duplex is will feature a two-car garage. A total of 16 parking spaces are proposed for the project sité including 8 in the common area for guests and 8 spaces within Each unit will have two bedrooms and include a living area, kitchen, and storage space. Additionally, each unit will have two bathrooms and a laundry room. Each duplex will have a Two oft the duplexes are proposed are along the south property line and the remaining two. duplexes are. located toward the east edge oft the site. Other proposed improvements will include  each garage).  shared fenced in rear yard.  atrash enclosure, landscaping, lighting, fencing and utility connections  Architecture.  Exhibit 4 shows proposed architectural elevation drawings for the project. The proposed two- story buildings will be surfaced with stucco, varying rooflines along with peaked roofs with composition shingles. As was required for the 2006 site plan, carports will feature gabled roofs  with composition shingles. Conclusion  Thej project meets City zoning standards and has been reviewed by all city departments including planning, engineering, public works, fire, police and administration, who havè contributed conditions ofa approval. The application proposes attractive residences along with landscaping  and parking facilities that meet city requirements.    Report to Farmersville Planning Commission Conditional Use Permit 2023-03 (Sandoval)  Exhibit 1: Location Map  EYEW-ST EASHST  W-ASHST  VELMST Site Location  COSTNER  ECOSTNER ST EB BIRCH  DSINERST  LARRYST ALLEY  Visalial Rd  DLDST CT CT -  OAKLAND  OAKLAND'ST  north    Report to Farmersville Planning Commission Conditional Use Permit 2023-03 (Sandoval)  Exhibit 2: Aerial Photo  Costner St.  Project Site  Peco St.  Visalia Road  north    Report to Farmersville Planning Commission Conditional.Use Permit 2023-03 (Sandoval)  Exhibit 3: Proposed Site Plan    Report to Farmersville Planning Commission Conditional Use Permit 2023-03 (Sandoval)  Exhibit 4: Architectural Drawings  -6    Report to Farmersville Planning Commission Conditional Use Permit 2023-03/Sandoval)  BACKGROUND INFORMATION Applicant/Property Owner: Albert Sandoval 15747 Ave 296 Visalia, CA93292 Location:  The site includes four parcels loçated on the east side of Shasta Avenue about 230: feet north of Visalia Road. The. Assessor's Parcel Numbers are 128-071-030, 125.07-031,12507-02 and  128-071-033. Request:  The applicant is requesting approval to construct a small multi-family project thati includes 8 multi-family rental units. Each lot will also have a common area with shared access, parking,  and landscaping. Site:  The site is an interior lot with a diagonal frontage on Shasta Avenue. The site contains  approximately 1/2 acre.  Uses on adjacent properties are as: follows: North: Vacant/Multi-family residential South: Multi-family residential East: Multi-family residential  West: Bank  Circulation:  Shasta Avenue runs along the west side oft the street and features two travel lanes in each direction, along with curbs and gutters. To the south, Shasta connects to Visalia Road, which is designated an' "Arterial" in the Circulation Element oft the Farmersville General Plan. In the vicinity of the site this road features four travel lanes. The intersection of Shasta Avenue and Visalia Road is controlled with a stop sign for southbound traffic on Shasta Avenue.  -7-    Report to Farmersville Planning Commission Conditional Use Permit 2023-03/Sandoval)  Zone:  The site is zoned "R-M-2.5" (PD) (Multi-Family Residential- one unit per 1,700 square feet of land area (Planned Development overlay zone) by the Farmersville Zoning Map. Important  standards in this zone: include: Lot width: 60 feet, minimum Lot depth: No standard Front Yard: 15 feet, minimum Rear yard: 10 feet, minimum Height: Surrounding zoning: North: West: South: East: Land Use:  Side Yard: 5 feet for single story; 7-1/2 feet for two story  30 feet/3 stories, maximum.  "R-M-2.5" (Residential Multi-Family) "C-G" (General Commercial) "R-M-2.5" (Residential Multi-Family) "R-M-2.5" (Residential Multi-Family)  Thé site is currently vacant. Infrastruçture:  Water, sewer, and storm drainage service exists along Shasta Avenue and' Visalia Road.  CEQA:  The proposed project is categorically exempt from review by California Environmental Quality Act (CEQA) under Section 15332. (infill development projects) ofthe CEQA Guidelines.    AGENDA ITEM 6A  RESOLUTION: 2024-01 BEFORE THE PLANNING COMMISSION CITY OF FARMERSVILLE COUNTY OF TULARE, STATE OF CALIFORNIA  ARESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FARMERSVILLE APPROVING CONDITIONAL USE PERMIT 2023-02 (SANDOVAL) FOR THE CONSTRUCTION OF AN 8-UNIT MULTII FAMILY RESIDENTIAL COMPLEX ONTHE EAST SIDE OF SHASTA AVENUE, BETWEEN VISALIA ROAD AND COSTNER STREET.  WHEREAS, a Conditional Use Permit application was submitted by Albert Sandoval, 15747 Ave 296, Visalia, CA 93292 for the construction ofa an 8-unit multi family residential complex located on the east side of Shasta Avenue, between Visalia Road and Costner Street. The Assessor Parcel Numbers oft the site are 128-071-030,  128-071-031, 128-071-032, and 128-071-033, and  WHEREAS the site consists ofi four legal parcels, but the proposed project will WHEREAS, the proposed project includes the development of 8 units in four two-story duplex buildings. Eachi unit will include an enclosed garage.with two parking spaces (one space per unit). Additional improvements include common parking with 8 spaces under a carport, landscaping, hardscape, trash enclosure, lighting, utility.  function as one project, and  çonnections and street improvements, and  WHEREAS, the subject site is zoned "R-M-2.5" (PD) (Multi Family Residential -one unit per 1,700 square feet ofl land area (Planned Development overlay zone)), and WHEREAS, the PD zone allows flexibility with respect to various zoning standards, provided that the Planning Commission makes a finding that the resulting project is superior in design to what could be achieved under conventional zoning  standards, and  WHEREAS, the Planning Department has prepared a staffreport and  environmental finding, and  WHEREAS, the project is exempt from review (Section 15332 (infill projects exemption) under the Guidelines oft the California Environmental Quality Act, and  Page 1 of9    Farmersville Planning Commission  Resolution 2024-01  Conditional Use Permit 2023-03 (Sandoval)  WHEREAS, the Planning Commission reviewed this Site Plan Review on NOW, THEREFORE, BEI ITI RESOLVED that the Planning Commission, after considering all the evidence presented, determined the following findings were relevant  January 17, 2024 and accepted testimony, and  ine evaluating this request: Farmersville Zoning Ordinance.  1.7 The project is consistent with the Farmersville General Plan and the 2. Thej project will notl have a significant impact on the environment and is exempt from review under the California Environmental Quality Act (CEQA). ANotice  ofExemption will bej prepared.  3. Proposed modification in, or deviations from, the standards required in the underlying zone have resultedi in an improved project which is consistent with the  regulations and provisions of the general plan. ofresidents in the neighborhood or community.  4. Thej project will not have an adverse impact on thel health, safety and welfare  NOW, THEREFORE BEITE RESOLVED THAT Conditional Use Permit 2023-03, as shown on Exhibit"A" (Site Plan) and Exhibit "B" (Architectural Elevations) is approved  subject to the following conditions: A. ENGINEERING 1. GENERAL  a. Provide the following information on the Tentative Parcel Map per City  Ordinance 16.24.050:  i.A All existing surface. and underground structures and improvements located on the original parcel, together with their dimensions, the distances between them, the distances to division and property lines, and the number ofs stories or the height of éach structure. ii. The location, purposes, width, and recorded owners ofall existing and proposed easements or private rights ofway abutting or traversing any  Page 2 of9    Farmersville Planning Commission  Resolution 2024-01  Conditional Use Permit 2023-03 (Sandoval)  part oft the original parcel easement boundaries shall be shown by  means of dotted lines; and  iii. An accurate description oft the original parcel.  C. Alli improvements shall bei installed in accordance with the most recent City of Farmersville standards, specifications, and engineering design standard drawings. In the absence of specific standards, improvements shall be installed as directed by the Director of.Public Works and the City Engineer. d. All sidewalk, driveway approaches, parking, etc. shall be constructed in accordance with the current City of Farmersville standards and applicable Americans with Disabilities Act (ADA) Standards. Standards for ADA compliance shall'bei installed in accordance with the most recent California  Building Code.  e. Eachj parcel shall have a separate drive approach and driveway. f. The developer shall comply with and be responsible for obtaining encroachment permits from the City ofFarmersville for any work performed g. Any improvements installed within the public right-of-way and easements shall bei in accordance with the City ofFarmersville engineering design standards and drawings, specifications, masterplans, and record drawings. h. There shall be no work on, placement of debris on, storing of supplies or equipment on, ori in any other way encroachment upon any other properties without written permission of such property owners. In the event other properties are encroached upon without written permission, work shall  within the City right-of-way and easements.  automatically shut down until resolved.  Project is located within FEMA flood zone. X. The developer shall comply with guidelines and requirements set by FEMA and City Ordinance.  Page 3 of 9    Farmersville Planning Commission  Resolution 2024-01  Conditional Use Permit 2023-03 (Sandoval)  The City standard benchmark shall be used and shown on any proposed improvement plans. Any proposed grades shall be provided for sidewalk, k. Existing structures or fences shall not encroach onto adjacent properties.  drive approaches, curb, and gutter,'etc.  2. SITE. AND STREET IMPROVEMENTS  a. Any street improvement plans are to be dimensioned and contain right of way information'as shown on parcel map. All public street improvements, including sidewalk and drive approaches shall be within public right or way.  b. Any public right ofway dedications shall be provided. 3. SANITARY SEWER AND WATER IMPROVEMENTS  a. The developer's engineer shall be responsible for verifying size, location, and  elevations of existing improvements. b. Each parcel shall have a separate water service.  Each parcel shall have a separate sanitary sewer service.  4. GRADING AND DRAINAGE  a. Any proposed grading plans shall show all relevant grading and drainage details and shall conform to the most recent City of Farmersville standards, specifications, and engineering design standard drawings. b. Grade differentials between lots and adjacent properties shall be adequately shown on the grading plan and shall be treated in a manner in accordance with  City Standards.  5. ELECTRICAL, GAS, CABLE TELEVISION, AND TELEPHONE SERVICES a. Each parcel shall have separate utility service connections and the plans shall show location ofexisting utilities that are to be used, relocated, or abandoned,  Page 4 of9    Farmersville Panning.Commission  Resolution 2024-01  Conditional Use Permit 2023-03 (Sandoval)  ifany. The developer is responsible for all utility coordination and should  coordinate directly with the utility providers. 6. - ADDITIONAL ENGINEERING REQUIREMENTS  a. Landscape and, Irrigation plans must be submitted. Landscape plans will need to comply with the City'sLandscape Ordinance and meet MWELO Standards. Landscaping shall feature an appropriate combination of shade trees, shrubs, and groundcover. Any free-standing fencing should be treated with climbing vines for beautification and graffiti prevention. b. Show locations of all utilities that are to be relocated (i.e., service poles,  meters, etc.).  Itshall be the résponsibility of the developer to remove all existing structures, trees, shrubs, etc., that are within or encroaching on existing or proposed, property lines rights-of-way or easements. Existing street improvements shall d. All structures marked on parcel map "to be removed" shall be removed prior e, Any known previous code violations shall be corrected prior to the approval  bej preserved, at the discretion oft the City Engineer. to the final approval ofthe Final Parcel Map.  of the Final Parcel Map.  f. Any proposed improvements shall be provided to the City Engineer for review and comment prior to the issuance of any permits. Improvement plans shall be  prepared by a licensed engineer.  B. PLANNING  1. Final façade designs shall be reviewed and approved by the City Planner prior 2. All outdoor light fixtures shall be hooded and adjusted to preclude unecessary  toi issuance ofbuilding permits.  glare onto adjoining properties and roadways.  Page 5 of9    Farmersville Planning Commission  Resolution 2024-01  Conditional Use Permit 2023-03 (Sandoval)  3. Tor mitigate potential noise impacts, construction shall be limited to daylight 4. Tom mitigate air quality impacts during construction, the developer shall implement dust control measures required by the San Joaquin Valley Unified  hours Monday through Saturday.  Air Pollution control district.  The foregoing resolution was adopted upon a motion of Commissioner Commission on the 17th of. January, 2024, by the following roll call vote:  second  by Commissioner AYES: NOES: ABSTAIN: ABSENT:  at a regular meeting of the Farmersville Planning  Chairperson, Farmersville Planning Commission  Secretary, Farmersville Planning Commission  Page 6 of9    Farmersville Planning Commission  Resolution 2024-01  Conditional Use Permit 2023-03 (Sandoval)  Exhibit "A" (Site Plan)  Page 7 of 9    Farmersville Planning Commission'  Resolution 2024-01  Conditional Use Permit 2023-03 (Sandoval)  Exhibit B: Architectural Elevation Drawings  Page 8 of9    Farmersville Planning Commission  Resolution 2024-01  Conditional Use Permit 2023-03 (Sandoval)  Page 90 of9    STAFF REPORT  FARMERSVILLE PLANNING COMMISSION  Date: January 17,2024  To:  Farmersville Planning Commission From: Karl Schoettler, Planning Consultant  Subject: Zoning Ordinance Update Workshop (Review of draft chapters on' "T" (Industrial  zone), "IL" (Light Industrial zone), Special Uses, Landscaping and Irrigation, Parking  and Loading, Signs, Enforcement, and Definitions  Discussion  The consultant continues work on the Zoning Ordinance update and has prepared draft chapters for the following zones and subjects, offered for the Planning Commission's consideration:  Industrial zones ("T" zone (Industrial) and "L" (Light Industrial)  Special Uses and Standards Landscaping and Irrigation Parking and Loading Signs and Advertising Enforcement Definitions  Al briefoverview of each chapter is as follows:  Industrial Zones  This chapter establishes standards for both of Farmersville's industrial zones -1 the "T" (Industrial zone) and the "IL" (Light Industrial zone). Ofnote, the IL zone was established toj provide locations for cannabis dispensaries. Otherwise both zones are similar. Key sections ofeach  chapter includes:  Purpose Statement Site Plan Review Development Standards Fences, Walls and Hedges Off-Street Parking and Loading Facilities  Signs Landscaping Design Guidelines  Page. 1 of3    Farmersville Planning Commission 1/17/2024  Zoning Ordinance Update Workshop  Performance Standards Special Uses and Standards listed in this zone include: Home Occupations Mixed Uses Service Stations Temporary Uses Caretaker Facilities Temporary Modular Structures Recycling/Buyback Centers Accessory Dwelling Units Wireless Telecommunication Equipment Sexually Oriented Businesses Outdoor Storage Yards  This zone establishes standards for certain uses that require extra standards and review. Uses  Marijuana cultivation, manufacturing, testing, transportation and distribution  Landscaping and Irrigation  This chapter establishes requirements for landscaping and irrigation improvements that are required for new development projects. Ofnote, the chapter includes standards sO that landscaping designs comply with the State of Califomia's standards for low-water-using landscape designs (known as the Model Water Efficient Landscape Ordinance (MWELO). The implementation ofthese standards is expected to result in up to 70%reduction in water use  (versus previous landscape designs). Parking and Loading  This chapter establishes standards for the installation of parking and loading facilities for various types ofl land uses (residential, commercial, industrial and public/institutional). The chapter has sorted various uses. into categories and a spreadsheet and uses graphics to help make it easier to  understand the rèquirements. Signs and Advertising - L  This chapter establishes standards for the regulation of signs in Farmersville. The chapter is mostly unchanged since these standards were overhauled in 2007. One change is that businesses will be able to place multiple signs on building walls. - as long as the total area (size) ofall the  Page 20 of3    Farmersville Planning Commission 1/17/2024  Zoning Ordinance Update Workshop  signs does not exceed the maximum sign aera that is allowed by the sign ordinance'ss size  calculation (which is not being changed).  Enforcement  This chapter establishes procedures for the enforcement of the Zoning Ordinance.  Definitions  This chapter establishes definitions of terms that are used throughout the Zoning Ordinance. The chapter also notes that some definitions are contained within the chapter for which the terms apply. For example, definitions related to signage are actually contained within the chapter on Sign standards. The following chapters are written to contain definitions specific to that chapter:  Accessory Dwelling Units Adult Entertainment Signs and Advertising  Marijuana cultivation, manufacturing, testing, transportation and distribution  Wireless Telecommunication Equipment Recycling/Buyback Centers  Remaining Chapters  Only one chapter remains to be completed -1 the "PD" (Planned Development zone). This chapter will be presented for review at the next meeting. After that the complete ordinance will be finalized and then presented for adoption at an upcoming public hearing.  ATTACHMENTS  Draft "Industrial zones" chapter Draft "Special Uses" chapter Draft Landscaping and Irrigation" chapter Draft "Parking and Loading" chapter Draft "Signs and Advertising" chapter Draft' Enforçement" chapter Draft "Definitions" chapter  Page 3of3    CHAPTER 29  Industrial Zones: IL( (Light Industrial) I(Heavy Industrial)  nanfh  Sections  17.35.010 Purpose 17.35.030 Site Plan Review 17.35.040 17.35.050 Fences, Walls and Hedges 17.35.060 17.35.070 Signs 17.35.080 17.35.090 17.35.100 17.35.010  17.35.020 Permitted and Conditionally Permitted Uses  Development Standards  Off-Street Parking and Loading Facilities  Landscaping Design Guidelines Performance Standards  Purpose  The purpose of Farmersville's) Industrial zones is to provide appropriate locations in the community for industrial uses and related activities. Two zones are established: "IL" This zone is the "Light Industrial" zone and provides for uses such as light manufacturing, warehousing, storage, service commercial and similar uses. Of note, this zone also allows for retail cannabis uses, consistent with the City's "Cannibis Control Ordinance (Section 17.## of the Farmersville Municipal Code. "T". This zone is the "Heavy Industrial" zone and provides spaces for more intensive Development standards in the Industrial zones are designed toj promote the following: (1) toj protect appropriate areas for industrial use from intrusion by residences and  industrial and manufacturing activities.  other inharmonious uses,  35-1    Farmersville Zoning Ordinance Chapter 35: Industrial Zones (""IL")  (2) toj provide opportunities for certain types ofi industrial uses to conçentrate in (3) to provide: adequate space to meet the needs of modern industrial development, (4) toj provide industrial employment opportunities for residents of the region; and (5) to operate in a manner that protects the public health, safety and welfare by ensuring that potential harmful impacts such as noise, vibration, noxious fumes,  mutually beneficial relationships to one other;  including truck parking, off-street parking and loading;  fire, and explosions, are avoided.  (6) to establish standards that result in industrial development that is attractive and  functional.  17.35.020 Permitted and Conditionally Permitted Uses and "IL'zones. Symbols used in the table are as follows: "P"= The use is permitted in that particular zone sH=The use is not permitted in that particular zone  The following table lists uses that are permitted and conditionaly-pemmited in the "T"  "C"-' The use is permitted by Conditional Use Permit in that particular zone  Table 35-1: Permitted Uses in Commercial Zones  Zones  A. Automotive and motor vehicle. uses, Automobile and tractor parts and equipment stores Automobile, truck and trailer accessories and parts  including: Auto parts sales Automobile upholstery shops manufacture Boat servicing  IL P P P P  - P P P P  35-2    Farmersville Zoning Ordinance Chapter 35: Industrial Zones ("" "IL")  Zones  IL P C P  B. Industrial Yard Uses, including: Building materials yards Bulk storage and delivery of fuel, including liquefied petroleum Gravel, rock and cement yards Lumber yards, not including planing mills or saw Petroleum products storage; provided, that gasoline, kerosene and similar highlyi inflammable products shall be stored Rock, sand and gravel storage and distribution  P C P P P P C  gas  underground Vehicle wrecking yards  Zones IL  C. Manufacturing, Assemblyand! Processing, including: Ammonia, bleaching powder or chlorine manufacturing Asphalt and asphalt products manufacture  I C C P P P P P P P P  Bakeries, wholesale  P P P  Candy, dairy products, food products, including fruits and vegetables (butr noti including fish and meat products, piçkles, sauerkraut, vinegar or yeast, or refining or rendering of fats and  oils) Battery manufacture Blacksmith shops Botling works Box manufacturing Breweries structures  Building materials manufacture and assembly including composition wallboards, partitions, panels and prefabricated  35-3    Farmersville Zoning Ordinance Chapter 35: Industrial Zones ("T" "IL")  Zones IL  C. Manufacturing. Assembly and Processing, including: Business machine manufacture including accounting machines, calculators, card counting equipment and typewriters Cabinet shops, carpentry and woodworking Cannabis businesses, including manufacture of edible cannabis products, non-edible cannabis products, warehousing cannabis and cannabis products, Wholesaling and distribution of cannabis and cannabis products, Cannabis cultivation and Cannabis Testing Laboratories, subject to regulations contained in Chapter  P P C(S) P P P P C  P C(S)  17## (Special Uses) Can and metal container manufacture Candle manufacture, not including rendering Cement and concrete products and manufacture, provided no hazard of fire or explosion is created, including adhesives, bleaching products, bluing, calcimine, dyestuffs (except aniline dyes), essential oils, soda and soda compounds and vegetable Charcoal, lampblack and fuel briquettes manufacture Chemical products manufacture including acetylene, aniline dyes, carbide, caustic soda, cellulose, chlorine, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates of an explosive nature, potash, pyroxylin, rayon yarn, and carbolic, hydrochloric, picric and Clay products manufacture including brick, fire brick, tile and Coal, coke and tar products manufacture Cosmetics, drugs, pharmaceuticals, and toiletries (not including refining or rendering of fats or oils) Cotton ginning, cotton wadding, cotton seed processing and lint manufacture Dairy products plants Detergent manufacture Drop forges  gelatin, glue and size Ceramic and pottery  P  C  sulphuric acids pipe  C  P C P P P P C P C  Electrical supplies such as coils, condensers, insulation, lamps,  switches and wire and cable assembly Electroplating shops  35-4    Farmersville Zoning Ordinance Chapter 35: Industrial Zones (""" "IL")  Zones IL  C. Manufacturing, Assemblya and Processing, including:  Explosives manufacture and storage Fertilizer manufacture and storage Firearms manufacture Fish products processing and packaging Food products manufacture including such processing as cooking, dehydrating, roasting, refining, pasteurization and extracting involved in the preparation of such products as casein, cereal, chocolate and cocoa products, cider and vinegar, coffee, fruits and vegetable, glucose, milk and dairy products, molasses and syrups, oleo/margarine, pickles, sauerkraut, Frozen food processing, storage and accessory sales Gelatin, glue and size manufacture from animal or fish refuse  C C P C  P  sugar, vegetable oils and yeast Gas manufacture or storage Glass and glass products manufacture Grain rolling and storage Graphite and graphite products manufacture Ink manufacture  P C C P C P P P P C P C C P P P  Insecticides, fungicides, disinfectants and similar agricultural, industrial and. household chemical compounds manufacture Jute, hemp, sisal and oakum products manufacture Leather and fur finishing and dyeing, not including tanning and Lumber processing and woodworking including planing mills and saw mills, excelsior, plywood, veneer and wood-preserving  Lard manufacture curing  C  Linoleum and oil cloth manufacture  treatment Machine shops Machine tools manufacture  P C  Machinery manufacture including heavy electrical, agricultural, construction and mining machinery, and light machinery and equipment such. as air conditioning, commercial motion picture equipment, dishwashers, dryers, furnaces, heaters, refrigerators,  stoves and washing machines  35-5    Farmersville Zoning Ordinance Chapter 35: Industrial Zones ("" "IL")  Zones IL  C. Manufacturing, Assemblyand Processing, including: Scientific, medical, dental, and drafting Instruments, orthopedic and medical appliances, cameras and photographic equipment, electronic equipment, musical instruments, precision instruments, optical goods, watches and clocks Meat products processing and packaging, not including slaughtering: and glue and size manufacture Metal alloys and foilr manufacture including solder, pewter, brass, bronze and tin, lead and gold foil Metal and metal ores reduction, refining, smelting and alloying Metal casting and foundries (noti including magnésium foundries) Motor and generator manufacture and testing Paint manufacture including enamel, lacquer, shellac, turpentine Paper products manufacture including shipping containers, pump goods, carbon paper and coated paper stencils Planing mill, excluding refuse buming combine with lumber Porcelain products manufacture including bathroom and kitchen  P C P C P P C, P P P P P P P P P P P P C P P P  and varnish  Paraffin products manufâcture milling Plastic manufacture fixtures and equipment Poultry andi rabbit processing Precious metals reduction, smelting and refining Prefabricated buildings manufacture  Rubber manufacture or processing. including natural or synthetic  rubber Sheet metal shops Shoe polish manufacture Sign manufacture  P P  Soap manufacture including fat rendering Soda and compound manulacture  Steel products manufacture and assembly including steel cabinets and lockers, doors, fencing and furniture Structural steel products manufacture including bars, girders, rail  and wire rope  35-6    Farmersville Zoning Ordinance Chapter 35: Industrial Zones ("T"" "IL")  Zones IL  C. Manufacturing, Assembly and Processing, including:  I C C P P C  Tallow manufacture  Tanneries and curing and storage of rawhides Tire manufacturing, rebuilding, recapping and retreading Wire and cable manufacturing Wood pulp and fiber reduction and processing  Zones  IL P P P P P P  D. Public and SemiPubieinstnutona Uses, including:  Ambulance service  P P P P P P  Communication and wireless facilities, with or without stealthing Electrical distribution substations, communication equipment buildings, gas regulator stations and utility pumping stations Public utility service yards, electrical and gas transmission  Communications equipment buildings  Public buildings and grounds  stations  Zones  IL  I  E. Sales Uses and related activities, including: Cannabis dispensary, subject to regulations contained in  Chapter 17.## (Special Uses) Equipment rental yard Farm equipment sales and service Feed and seed stores  C(S) P P P  35-7    Farmersville Zoning Ordinance Chapter 35: Industrial Zones ("T""IL")  Zones  IL  1  E. Sales Uses and related activities, including: Garden supply stores and nurseries; provided, that all equipment, supplies and merchandise, other than plants, shall be kept within a completely enclosed building or under lath structure; and further provided, that fertilizer of any type shall be stored and sold in paçkaged form only Gasoline service stations, including dispensing of diesel and liquid petroleum gas fuels and complete truck service. Note: Sales of alcoholic beverages requires a Conditional Use Permit  P  P P P P P P P P  Glass shops Hardware stores Hydroponic stores Machinery sales and rentals  P P P  Rental equipment, including trailers, trucks, and cars Retail sales on the grounds of a manufacturing facility, where the retail function does not occupy more than 25% of the floor  space or active use area. Wholesale establishments  Zones  %K  IL  I  F. Service, Repalr and Related businesses Appliance and repair shops, with incidental sales Carpenters' shops and incidental sales Cleaning, pressing and dyeing establishments (using noninflammable and nonexplosive cleaning fluid) Electrical appliance and incidental repair shops  P P P P P P  P P P P P P  Diaper supply services Electrician shops Exterminators  35-8    Farmersville Zoning Ordinance Chapter 35: Industrial Zones ("" "IL")  Zones    IL  F. Service, Repair and Related businesses Heating and ventilating or air conditioning shops, including incidental sheet metal Household and office equipment and machinery repair shops Janitorial service Laundries and laundromats (industrial scale) Linen supply services Plumbing and sheet metal shops Pool service and supply  P P P. P P P P P P(S) P(S) P(S) P(S) P(S) P P P P  P P P P P P P P P(S) P(S) P(S) P(S) P(S) P P P P P  Printing, blueprint processing, lithographing, and engraving Recycling. - Reverse Vending Machine Recycling- - Small Collection Facility Recycling - Large Collection Facility Recycling -Light Processing Facility Recycling- -Large Processing Facility Rug and carpet cleaning and dyeing  Sand blasting Taxidermists  Towing: tow and store; tow and repair; tow and sales Welding and blacksmithing shops, excepting drop hammer  Zones  3X  IL  G. Storage and Warehousing Cold storage plants Contractor's storage yards  P P  P  35-9    Farmersville Zoning Ordinance Chapter 35: Industrial Zones ("" "IL")  Zones  IL  G. Storage and Warehousing Freight forwarding terminals Mini-storage facilities  Food lockers (no slaughtering, handling of dressed meats only) Manure, peat and topsoil processing and storage Petroleum gas bulk storage and delivery Recreational vehicle and boat storage Storage of inflammable liquids liquids and explosives)  P  P P C P C P C P  P P P  Warehouses (except for the storage of fuel oil or flammable  etc.  Zones IL P P P P C( P P P C P  H. Miscellaneous uses, including: Accessory buildings and uses (including storage buildings) customarily incidental to any permitted or condtuionalypermited Animal hospitals and kennels and veterinarians. Kennels must be located at least 5001 feet from any residential zone. Dwellings fora a caretaker or watchman and his immediate family, necessary andi incidental to a use located in such: zone Junk yards/landfills Laboratories, experimental and testing 17.#(Special Uses)  P P P C P C P P P C C  use  Mobile food trucks, subject to standards contained in Section Offices (freestanding and as part of a permitted use) Parcel and package delivery services Parking facilities (off-site) 17.##)  Planned unit development subject to provisions of Section Restaurants and restaurants with drive-thru lane  Shooting range, indoor  35-10    Farmersville Zoning Ordinance Chapter 35: Industrial Zones ("T" "IL")  etc.  Zones IL P P P P(S) P P C  H. Miscellaneous uses, including: Solar electricity generating plant Solar energy system Temporary construction storage yard 17.## (Special Uses) Trucking terminals  P P P P(S) P P C  Temporary uses (subject to standards contained in Section Any use determined by the City Planner to be reasonably similar ino operational characteristics to aj permitted use Any use determined by the City Planner to be reasonably similar ino operational characteristics to a condtonalypemmited use  17.35.030 Site Plan Review  No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with Chapter 17.## (Site Plan Review), (ora  Conditional Use Permit for uses listed as such).  17.35.040 a.  Development Standards (see also Exhibit 35-1)  Site Area, Lot Frontage and Depth  No requirement. Building Height  b.  The maximum height of structures shall be 50 feet.  C.  Yards 1.  Front: 101 feet, minimum. In addition, parking lots shall be separated by a landscaped setback of at least ten feet from a front property line, and also the side property line for the street side yard on corner lots. Side: No requirement unless the subject property abuts a residential district, wherein the minimum side yard shall be 10 feet, or where the site isa corner lot, in which a 101 foot setback is required on the street side yard. In addition, any parking lot shall be set back at least ten feet behind  2.  35-11    Farmersville Zoning Ordinance Chapter 35: Industrial Zones (""" "IL")  the property line along a street side yard and the space between the Rear: No requirement unless the subject property abuts a residential district, wherein the minimum yard shall be 10 feet.  parking lot and street shall be landscaped.  3.  Exhibit 35-1: Zoning Standards  Min Parcel Size, Lot Frontage and Depth: No requirement Side Yards None, except thata a 10 foot setbacki is required when the site abutsa residentially: zoned parcel. Also, at ten foots setback is required on the street side yard of a corner lot for alll buildings and parking facilities.  Rear Yard None, except that a 101 foot setback is required when thes site abutsa residentially zoned parcel.  Max. Building Height 501 feet, max.  Fencing  Front Yard: 10 feet, minimum for alll buildings and parking lots. Yard shall be landscaped. Landscaping shall bej provided according to standards in Chapter 17.## Parking shall be provided according tos standards in Chapter 25-# Parking lots shall be set behind a landscaped space at least ten feet deep between the parking lot and all adjacent street rights-of-way  Front yard fencing may be up to 7-feet high unless site abuts a residential zone in which case fencing may ber no taller than 4feet within ten feet of thef front property line. 7-foot tall masonry block fencingi is required along property lines separating, ani industrially zoned) parcel from a residentially zoned parcel. Outdoor storage areas must be screened with solid fencing.  17.35.050 Fences, Walls and Hedges  a.  Front Yards: Fences, walls and hedges shall not exceed seven feet in height, unless the site abuts a residential zone in which case fencing within ten feet ofthe  front property line shall be no higher than four feet.  35-12    Farmersville Zoning Ordinance Chapter 35: Industrial Zonés ("IL")  b. C. d.  Rear and Side Yards: Fences, walls, and hedges shall not exceed seven feet in Where a property zoned "T" or "IL" abuts a residential district, a 7-foot solid block masonry wall shall be constructed between the two uses. The outdoor storage of equipment or materials shall be screened from the view of any adjoining public right-of-way with a 7-foot solid block wall, or 6-foot chain-  height.  linked fence with slats and landscaping.  17.35.060 a. b. C. d.  Off-Street Parking and Loading Facilities  Uses ini the "T" and' "TL"zones shall provide off-street parking consistent with Parking lots shall be designed and constructed so that within five years of construction, 50 percent oft the parking lot is shaded by trees. Parking lots shall be designed to accommodate solid waste pick-up. Storage areas shall be surfaced with asphalt/concrete or gravel.  Chapter 17.45 Parking and Loading.  17.35.070 Signs  Signs shall be consistent with the requirements detailed in Chapter 25-## Signs.  17.35.080 Landscaping  a.  A1 landscaping and irrigation plan shall be submitted on all neighborhood commercial developments to the City Planner for review and approval consistent with the standards in Chapter 25-43 (Landscaping). All setback areas along The landscaping and irrigation plan shall show a tree-planting scheme ini the parking lot that will result in 50 percent oft the parking lot being shaded within The landscaping and irrigation plan shall provide for a minimal amount of turf and shall incorporate a variety of xerophytic plants, mulch to reduçe water use, and an automated irrigation system that incorporates water conservation technology, including drip irrigation, smart irrigation controllers, and low-flow Parking lots should be screened from adjacent public roadways by low walls  streets shall be landscaped.  b.  five years.  C.  irrigation heads. and/or hedges.  d.  35-13    Farmersville Zoning Ordinance Chapter 35: Industrial Zones (T" "IL")  e. f.  Vines and climbing plants should be used on perimeter walls in order to soften the All trash enclosures shall be surrounded by a 6-foot solid block wall and the area around the enclosure shall be landscaped. The gate to the enclosure shall be,  appearance of the site and prevent graffiti.  constructed ofr metal. 17.35.090 Design Guidelines  New development in the Industrial zones shall be designed consistent with the following  guidelines. a.  Site Design  1. Industrial development should be designed in a way that fits in with the surrounding (a) The size and form ofnew structures in relationship to existing development. For example, where new. buildings and uses are similar to those on adjoining sites, the design shouldreflect similar setbacks, building heights and form, scale and mass, materials, compatible colors and landscape treatments. The intent is not (b) The spatial relationship between structures and street right-of-way;  development pattern. This refers to:  uniformity, but compatibility.  (c) circulation patterns;  (d) architectural elements in surrounding development. entrances are a focal point on the building and site layout.  2., New buildings should be oriented toward the adjoining public streets, so that public  35-14    Farmersville Zoning Ordinance Chapter 35: Industrial Zones ("T" "IL")  Exhibit3 35-2  The front oft this industrial site has the appearance ofand ofice and has generous landscaping. Equipment storage andi industrial activities are primarily on the back side ofthe building. 3. The main public entrance to buildings should feature. heightened architectural treatment. For example, ifthe bulk of an industrial structure is ai metal warehouse, the main entrance/office area should feature special architectural design consideration  - such as:  (a) Varied setbacks - insets and projections, as appropriate.  (b) Siding that is different from the rest ofthe building (e.g. stucco, brick or at least (c) Windows should be framed and/or finished with awnings or similar mechanisms.  different colors).  (d) Other appropriate design techniques. B. Landscaping and Buffers  1. Care shall be taken to design industrial sites with adequate landscaping and screening, as well as buffering from sensitive nearby/adjacent uses. Methods to buffer projects should include a combination ofi increased setbacks, walls, landscaping, berms, etc.  35-15    Farmersville Zoning Ordinance Chapter 35: Industrial'z Zones ("" "IL")  2. Projects should present an attractive landscaped frontage along public streets, with significant landscaped setback areas that include attractive combinations of turf, 3. Landscaping should include an appropriate combination of turf, shrubs and shade trees, with an emphasis on low-water use vegetation. Shade trees should'be emphasized in paved areas where shading can reduce heat buildup. 4. For beauty as well as graffiti prevention, climbing vines should be used to screen masonry walls, including perimeter walls of trash enclosures and other appropriate  groundçovers, shrubs and trees.  locations. C. Screening  1. Buildings, walls and landscaping should be arranged to screen loading and service bays, equipment storage areas, trash enclosures and mechanical equipment. 2. Stored materials may not be stacked or be visible above the height ofscreening walls. 3. Long expanses of fences or walls should be broken up with periodic columns, insets, landscape pockets or changes in materials. Toward this end, fence or wall runs greater than 50 linear feet shall be articulated with architectural offsets and 4. Concrete walls are permitted if faced with masonry or stone, or ift the surface is  incorporate landscape pockets. scored or textured.  Exhibit 35-3  STAGGERED WALL  MAQHMRLMIA  VALLANDPLANTERS WALL WITH BREAKS  Long expanses of screening walls (particularly along public. streets) should feature varied: setbacks and textures.  35-16    Farmersville Zoning Ordinance Chapter 35: Industrial Zones ("T" "IL")  D. Parking  1. Parking areas should not be the dominant visual element ofas site. Itis generally preferable to locate parking lots along the side or to the rear ofbuildings. Where this isi not possible, parking should be buffered with significant landscaping areas. 2. Parking areas shall be landscaped consistent with Zoning standards and guidelines for parking lot landscaping shown in Chapter 27: Commercial Design Guidelines.  E. Service, Delivery and Storage Areas  1. Locate loading docks, outside storage, and service areas in areas oflow visibility such as at the side or at the rear (non-street side) of buildings. These features must be screened from view from public streets, by walls, landscaping, or a combination 2. With the exception of outside storage areas, when it is not possible to locate loading facilities and service areas on a non-street side ofal building, loading docks and doors shall not dominate the building frontage and must be screened from all adjoining 3. In no case should outside storage areas be located in the front of a building.  thereof.  public streets.  F. Signs  Sign regulations found in the sign ordinance must be observed, however the following 1. Signs should be compatible with the design of the building(s) and its architectural style. The design of freestanding signs should feature architectural elements that 2. Stark color contrasts in signs should be avoided. Sign colors should be muted - use 3. Free-standing signs shall be monument-style signs as opposed to pole signs. 4. For multi-tenant buildings or complexes, a coordinated sign design scheme is  general design guidelines should be utilized.  relate the sign to the buildings they advertise.  of significant quantities of primary colors should be avoided.  required.  35-17    Farmersville Zoning Ordinance Chapter 35: Industrial Zones ("T" "IL")  25-29.12 a. b.  Performance Standards  In the Industrial zonés, all open and unlandscaped portions of any lot shall be maintained in good condition, free from weeds, dust, trash and debris. No use shall be permitted and no process, equipment, or materials shall be employed which are found by the Planning Commission to be injurious to persons residing or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, noise, vibrations, illumination, glare or heavy truck traffic, or to involve any hazard off fire, explosion, or to emit electrical disturbances which adversely affect commercial or electronic equipment outside the boundaries ofthe No solid or liquid wastes shall be discharged into a public or private sewage disposal system except in compliance with the regulations oft the owners ofthe system, and local, state and federal agencies that regulate disposal of these wastes. In the Industrial zones, all uses shall be subject to the regulations of local, state  site.  C.  d.  and federal air quality agencies.  35-18    CHAPTER 41  Special Uses  SPECIAL USES  Sections  17.43.010 Purpose. 17.43.010 Home Occupations 17.43.010 Mixed Uses 17.43.010 Service Stations 17.43.010 Temporary Uses 17.43.010 Caretaker Facilities 17.43.010 Recyeling/Buyback Centers 17.43.010 Sexually Oriented Businesses  17.43.010 17.43.010 17.43.010 17.43.010  Temporary Modular Structures Accessory Dwelling Units Outdoor Storage Yards distribution  Wireless Telecommunication Equipment  17.43.010 Marijuana cultivation, manufacturing, testing, transportation and  17.43.010 Purpose  The purpose of this chapter is to establish procedures, development standards, and location criteria for special uses within the City of Farmersville. Special uses are those uses that are. listed in specific zones which have unusual characteristics and may have the potential for pronounced impacts on their surroundings, and where the City has established standards for the design and operation of such uses. These standards are intended to ensure that these uses do not have an adverse impact on the public health, safety, or welfare. Special uses and specific development standards for each are listed as  follows.  43-1    Farmersville, Zoning Ordinance DRAFT Chapter 43: Special Usès  17.43.010 Home Occupations  Persons wishing to conduct al home occupation shall apply for al business license/home occupation permit through the Financel Department. Home occupations must be clearly incidental and secondary to the use of al building as a: residential dwelling. Home  occupations shall comply with the following regulations: A. Home occupations may include:  1. 2.  Consultive professional occupations, whose function is one of rendering a service and does not involve the dispensing of goods or products. Secondary business offices associated with the resident, where said business has its principal office, staff and equipment located elsewhere. 3. The giving of music lessons, swimming lessons and similar occupations. 4. Thel home office of a salesperson, where all sales are done by written order  with no commodities or displays on1 the premises.  5. 6.  Drafting, designing and: the like, using only normal equipment associated Homemade Foods Businesses subject to standards of the Califomia Homemade Foods Act (as codified in Government Code section 51035),  with the activity.  and the following City standards:  a. b. C.  There shall be no employment of help.outside the residents of the All food preparation in conjunction with al homemade food business must take place in the residence'sexisting: kitchen. Prior to granting of a city business license the applicant shall obtain aj permit from the Tulare County Environmental Health Department. The City business license shall not be effective until that permit or approval is obtained, and shall automatically expire if the other required permit or approval expires, is disapproved or Ac copy of the Tulare County Environmental Health Department permit to operate shall be provided to the city planning department within ten working days of the issuance of that permit or approval.  dwelling, exçept for one: full time employee.  isi revoked.  d.  43-2    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  B. Notwithstanding standards for Homemade Food Businesses, the following criteria  shall apply for the evaluation of a home occupation:  1. There shall be no employment of help other than members of the resident  family.  2. 3. 4.  There shall be no use of material or mechanical equipment not recognized There shall be no sales of products or services not produced on the The use shall not generate vehicular or pedestrian traffic beyond that  as being part ofnormal household or hobby uses.  premises.  normal to the district in which it is located.  5. The activity shall not involve the use of commercial vehicles for delivery or materials to or from the premises, other than one vehicle not to exceed one ton, owned by the operator of such home occupations. There shall be no excessive or unsightly storage of materials or supplies, indoor or outdoor, for purposes other than those permitted in the district. 7. Any signage shall be consistent with the Sign Ordinance (Chapter 17###) Not more than one room in the dwelling shall be employed for the home  6.  8.  occupation.  9. In no way shall the appearance of the structure be sO altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a non-residential use (either by color, materials or construction, lighting, signs, sounds or noises, vibrations,  etc.).  10. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes as defined in the  district.  C. An applicant for al home occupation permits may appeal the decision of the  Planning Director consistent with Chapter 17.## Appeals.  43-3    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  17.43.010 Mixed Use Developments  Mixed Use Developments are permitted in Farmersville's commercial zones subject to  the following standards: A. Development Standards  Mixed use developments are subject to Site Plan Review (consistent with the requirements of Chapter 17.##) and shall comply with the development standards of the underlying zone (concerning lot size and dimensions, setbacks, building height and coverage, etc.) except that residential development shall comply with density standards of the RM-1.5 zone (which allow a density up to one dwelling per 1,500 square feet of lot area) and also that projects may request a reduction of up to 50% in the number of parking spaces that are required for each distinct use on the site, as shown in Chapter 17.## (Parking). Said request for a parking reduction shall be incorporated into the Site  Plan Review application and is not subject to a Variance.  17.43.10 Service Stations  A. Locational criteria. All new service stations must have frontage on ai road classified in the Farmersville Circulation Element as a collector or arterial road.  B. Site Design Criteria:  1.  Pump islands shall be at least 18 feet from any street right-of-way. In addition, a landscape planter at least ten feet wide shall be located between Access driveways shall be a minimum width of 30 feet, and shall be no closer than 50 feet from the nearest curb line of any intersecting street. 3. All vehicle repair activities shall be entirely within a building or enclosed 4. A site plan for a service station shall include information to demonstrate proper maneuverability of fuel delivery vehicles onto and off of the site.  a pump island and the street right-of-way.  2.  area.  43-4    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  17.43.010 Temporary Uses  A. Purpose  The purpose of a temporary use permit is toj provide for the short-term use of property and structures that are consistent with the purpose and objectives of this  Ordinance.  B. Permitted Outdoor Uses-Up to Thirty Days.  1. 2. 3.  Christmas tree, fireworks and other annual sales activities.  Farmers' markets. activities.  Other promotional events such as carnivals and nonprofit fund-raising  C.  Permitted Outdoor Uses-Up to' Ten Days.  1.  Short-term sales such as sidewalk or parking lot sales carried on by and adjacent to an existing commercial business which is conducted within a Temporary retail sales of products which are permitted for sale within the zoning district not covered in subdivision 1 of this section.  building.  2. 3. 4.  Parade related sales activities.  Religious gatherings, tent gatherings or other such events.  D. A temporary use permit signed by the planning director and the chief of police E. Performance Standards. These apply to all temporary outdoor uses.  shall be required for all temporary outdoor uses.  1. 2. 3, 4.  A business or other appropriate city license approved by the zoning Written permission of the owner or operator of the property is required. Site plan approval by planning director may be required.  administrator is required for all uses.  All wares and goods are to be displayed in a neat and orderly fashion.  43-5    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  5. Sales areas are not to interfere with driveways, comer sightrequirements  or sidewalk traffic. engineer.  6.  Use of parking spaces for sales displaysr requires approval of the traffic  7. All uses are to be fully cleaned up and removed by close of business on 8. No consecutive licenses are to be issued for the same location. 9. Atl least two thirty-gallon trash receptacles are to be provided.  the last day approved license is valid.  F. Additional Performance Standards.  1. Sign permit is required. Temporary signs may not exceed six square feet  in area. One sign permitted per site.  2.  Hours of operation limited to eight a.m. to ten p.m.  3. The zoning administrator is authorized to permit uses for any duration  between one day and thirty days.  G. Applicant and Fee  An application and fee for a temporary use permit shall be made to the Planning Department on a form prescribed by the Department. The application shall be  accompanied by a fee set by resolution of the City Council.  H. Report and Findings  The Planning Director is authorized to review and approve temporary use permits subject to reviewing the following findings. The Director may add conditions to ensure consistency with the purpose and objectives of the Ordinance as well as the public health, safety and welfare,including the following: 1. That egress and ingress and off-street parking facilities are properly  designed and adequate to serve the use. accessibility to accommodate the use.  2.  That the site is adequate in size and location and has the proper  3. That there are adequate public services, including fire protection, water supply, wastewater disposal, and police protection to serve the use.  43-6    Farmersville Zoning Ordinançe DRAFT Chapter 43: Special Uses  4. That upon termination of the use the site shall be restored to its original condition. All materials and equipment associated with the temporary use  shall be removed. licenses and permits.  6. That the applicants for a temporary use permit shall have all applicable 7. That signage for the use be approved by the Planning Department.  I.  Processing  Temporary use permits may be processed as an administrative matter by the Planning Director. Following a decision by the Director, an administrative agreement shall be prepared that outlines the findings and conditions on the temporary use permit.  17.43.010  Càretaker facilities"  Where listed as a permitted use in a particular commercial or industrial zone, one permanent dwelling is allowed for purposes of housing a caretaker, subject to the A. Supplementary Statement. The application shall include a statement with explanation of the need for caretaker quarters and the responsibilities of the  following standards  caretaker/resident.  B. Status of Caretaker. The resident of the dwelling shall be the owner or lessor,or C. Type of Use Requiring a Caretaker. The principal use of the site must clearly require a caretaker for security purposes, or for care of people,plants, animals,  an employee of the owner or lessor of the site.  equipment, or other conditions on the site.  D. Type of] Dwelling Unit Allowed. Caretaker residençes shall be a standard site- built home, a modular home, or an apartment-type unit if the caretaker residence  is to be integral with a principal structure. accommodate all resident vehicles on-site.  E. Parking Requirement. None,provided sufficient usable area is available to  17.43.010 Modular Structures  /  The purpose of this section is to control the approval and location of all modular structures within the City of Farmersville and to ensure that the uses of said structures, which shall meet the use requirements, zoning standards and design guidelines of the  43-7    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  district in which the property is located, will not have a detrimental effect on the appearance of Farmersville nor on surrounding properties. Regulation of modular structures is therefore deemed necessary to promote the public health, safety, and welfare AI modular structure shall mean any designed, mmfcturd.rmmamfaturd. used, or converted to a transportable building for use for commercial, office, or industrial A. Aj permanent modular structure shall be subject to Site Plan Review, consistent with Chapter 17## and the applicable zoning standards and design guidelines for that particular zone, and shall comply with the following special development 1. A permanent modular structure shall be place on a permanent foundation. In addition to design guidelines that apply to the particular zone, a permanent modular structure shall be of an architectural style that is consistent with buildings in the surrounding neighborhood. The modular structure shall require skirting around the base of the structure. Permanent parking spaces and unloading zones shall be required consistent with Chapter 25-45 Parking and Loading.  of residents of the City of Farmersville.  purposes.  standards:  2.  3. 4. 5.  Landscaping and irrigation shall be required consistent with Chapter 25-43 The business or use conducted within the structure shall secure a business license from the City of Farmersville prior to being open to the public.  Landscaping.  B. A temporary modular structure shall be reviewed and may be approved by the Planning Director and shall comply with the development standards below. Construction management offices and model home offices shall be exempt from 1. A temporary modular structure shall be removed from the subject property within 30 days, unless al longer period of time is requested and approved. A temporary modular structure shall require aesthetic skirting around the  the time limitation standard.  2.  base of the structure.  3. The business or use conducted within the structure shall secure a business license from the City of Farmersville prior to being open to the public.  43-8    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  17.43.010 Recycling/Buyback Centers  Recycling facilities may be permitted as set forth in Table 17.## (Permitted Uses in Commercial Zones) and' Table 17.## (Permitted Uses in Industrial Zones).  A. Zones Permitted  Recycling facilities are classified into four categories, and permitted by zone district as  follows:  TypeofFacility  Zone(s) Permitted  Reverse vending machines Small collection facilities Large collection facilities Small processing facilities Large processing facilities B. Criteria and standards.  All commercial and industrial zones All commercial and industrial zones except for the "CC" zone (Central Commercial) "CS" zone and all industrial zones "CS" zone and all industrial zones All industrial zones  1. All types of recycling facilities are subject to the following operating standards, in addition to those standards listed for the specific type, below. The use shall employ containers that are constructed and maintained with durable waterproof and rustproof material, 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; Recycling containers 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 site 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  a.  b.  the machine is inoperative;  C.  ofe each collection day;  43-9    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  d.  The business operation not exceed noise levels of sixty decibels as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy decibels; Containers for the twenty-four-hour donation of materials shall be at least thirty 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; Setbacks and landscaping shall be those required for the zoning district in which the facility is located. On-site parking shall be provided for the use as listed in Chapter Signage shall be provided consistent with standards contained in  e.  f. g. h.  17### (Parking and Loading). Chapter 17## (Signs)  C. Types of Facilities and Specific Requirements  The ordinance establishes requirements for the following types of recycling  facilities: 1. 2. 3. 4.  Reverse vending machines Small Collection Facilities Large Collection Facilities Processing Facilities  D. The criteria and standards for specific recycling facilities are as follows:  1.  Reverse Vending Machine(s) are an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. In addition to standards listed above under 17.43.010B.1., Reverse Vending Machines  are also subject to the following requirements:  a.  Reverse vending machines must be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city; Reverse vending machines must be located within thirty feet of the entrance to the commercial structure and shall not obstruct  b.  pedestrian or vehicular circulation;  43-10    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  C. d.  Reverse vending machines shall not occupy parking spaces Reverse vending machines must shall occupy no more than fifty square feet of floor space per installation, including any protective enclosure, and shall be no more than eight féet in height; Operating hours shall be at least the operating hours of the host Reverse vending machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk  required by the primary use;  e. f.  use;  and dawn.  2.  Small Collection Facilities may occupy an area of not more than five hundred square feet, and may include: 1.ar mobile unit; 2. al Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet; 3.al Kiosk-type unit which may include permanent structures, or 4. unattended containers placed for the donation ofrecyclable materials. Small collection facilities are subject to the Small collection facilities may be sited in commercial and industrial zones with an administrative permit provided they comply with the following  following standards and requirements:  conditions: a.  Small collection facilities shall be established in conjunction with an existing commercial use or community service facility which is inc compliançe with the zoning, building and fire codes of the city; Small collection facilities shall be no larger than five hundred square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of Small collection facilities shall be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular Small collection facilities shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Tulare County Environmental  b.  materials or exchange of containers;  C.  çirculation;  d.  Health Department;  43-11    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  e. f.  Small collection facilities shall use no power-driven processing equipment except for reverse vending machines; Small collection facilities 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; Attended facilities located within one. hundred feet of a property zoned or occupied for residential use shall operate only during the Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be çlearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display ai notice stating that no material shall be left outside the recycling enclosure or containers; Large Collection Facilities are defined as a facility that is larger than five hundred square feet, or is on a separate property not appurtenant to al host use, and which may have aj permanent building. A large collection facility is permitted in service commercial and industrial zones with a site plan development permit, provided the facility meets the following standards: The facility shall be screened from the public right- of-way by The facility shall be within an area énclosed by a solid fence at The facility shall be at least one hundred fifty feet from property All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage I containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by thei fire department and/or' Tulare County Health Department. Nos storage, excluding truck trailers and overseas containers, will The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.  g.  hours betweèn nine a.m. and seven p.m.;  h.  3.  a. b. C. d.  operating in an enclosed building or: least six feet inl height with landscaping; zoned or planned for residential use; and  be visible above the height of the fencing.  e.  43-12    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  f.  Ift the façility is located within five hundred feet of property zoned, planned or occupied for residential use, it shall not bei in operation Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs will meet the standards of the zone, and directional sighs, bearing no advertising message, may be installed with the approval of the zoning administrator, if necessary,to facilitate traffic circulation, or if the facility is not visible from the Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process if noise  between seven p.m. and seven a.m.  g.  publicright-of-way.  h.  and other conditions are met.  4.  Processing Facilities.  All procèssors are permitted only in industrial zones with a conditional use permit. A processor is a building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation ofr material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing,mechanical sorting, shredding, cleaning, and remanufaçturing. Further, Processing facilities" include  the following: a.  ALight Processing Facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per * day. Light processing facilities are. limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source- separated recyclable materials and repairing of reusable materials sufficient to qualify as. a çertified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals  other than food and beverage containers.  b. Al heavy processing facility is any processing facility other than a  light processing facility.  C.  All processing facilities are subject to the following conditions: In the industrial zone, processors will operate in a wholly enclosed building except for incidental storage, or:  i.  43-13    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  ii.  The facility shall be located within an area enclosed on all sides by a solid fence or wall not less than eight feet in height and landscaped on all street frontages; The facility shall be located no! less than one hundred fifty feet from property zoned or planned for residential use. Power-driven processing shall be permitted, provided all noise level requirements are: met. Light processing facilities are limited tol baling, briquetting, crushing, compacting, grinding, shredding and sorting of source- separated recyclable materials and repairing of reusable materials. Al light processing facility shall be no. larger than forty-five thousand square. feet and shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 oft the California Health and Safety Code. Ift the facility is located withiri five hundred feet of] property zoned or planned for residential use, it shall not be in operation between seven p.m. and seven a.m. The facility will be administered by on-site personnel during the hours  iri. iv.  V.  vi.  vii.  the facility is open.  5.  Detinitions a.  Recyclable Material" means reusable material including but not limited to metals, glass, plastic and paper, which arei intended for rense,remamufacture, or reconstitution for the purpose. ofusing the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with. Section 25250.11 and 25143.2(b) (4) of the California Health and Safety Code. "Recycling Collection Facility" shall mean a center for the acceptance by donation,redemption, or Purchase,ofrecyclable materials from the public. Such facility shall not complete any processing except limited bailing, batching and the sorting of  b.  43-14    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  recyclable material and shall be classified as either a "small "Recycling Facility" shall mean a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means ai recycling facility certified by the Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling ofr material generated by that residential property, business or manufacturer. Recycling facilities are either collection facilities or "Recycling-Large Collection Facility" shall mean a collection facility which occupies an arèa of more than 200 square feet and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials. "Recycling Processing Facility" shall mean a building or enclosed space used for the collection and processing of recyclable materials. Procèssing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, impacting, flattening, grinding, crushing, mechanical sorting,shredding, cleaning and  collection" or "large collection" facility.  C.  processing facilities.  d.  e.  remanutacturing.  f.  "Recycling Small Collection Facility" shall mean a collection facility which occupies an area of not more than 200 square feet, and may include a mobile unit, bulk reverse vending machine ora grouping of reverse vending machines, a kiosk type unit which may include aj permanent structure, or an unattended container placed for the donation ofr recyclable materials.  17.43.010 Accessory Dwelling Units and Junior Accessory Dwelling Units A. Purpose and Intent. This section is intended to meet the requirements of State law inj providing for accessory dwelling units ("ADUS") and junior accessory  dwelling units ("JADUS")..  43-15    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  1.  This Section is intended to comply with California Government Code sections 65852.2 and 65852.22, as either may be amended from time to time. The standards established by this Section shall be interpreted and applied consistent with the language set forth in Government Code séctions 65852.2 and 65852.22. Further, to the extent that this Ordinance does not specifically address various requirements of the Government Code, the requirements of the Government Code shall apply. An ADU or. JADU that complies with this Section shall be considered an accessory use or an accessory building that does not exceed the allowable An ADU or. JADU that complies with this Section shall be considereda residential use that is consistent with the existing General Plan and zoning An ADU or JADU that complies with this Section shall not be considered int theapplication of any other local ordinance, policy, or program to limit ADUS and. JADUS shall be counted for purposes ofi identifying adequate  2.  density for the lot upon which it is located.  3.  for the lot.  4.  residential growth.  5.  sites for housing in the City's Housing Element.  B. Applications. ADUS and JADUS shall conform to the following submittal  requirements.  1. As scaled plot plan of the subject parcel on which the ADUOrJADU will be located shall bej provided. The plot plan shall indicate the location and separation distances between all existing and proposed structures, as well as setbacks from property lines. To the extent not included above, the plot plan shall also provide dimensions. of all easemens,igh-afwayt. building envelopes, fencing, parking, and paved areas. Complete floor plans of both existing and proposed conditions shall be provided: Each room shall be dimensioned and resulting floor area calculation included. The use of each room shall be labeled. The size and location of all doors, closets, walls, and cooking facilities shall be clearly Provide elevations. that show all proposed and existing exterior structure dimensions, all architectural projections, and all openings for both the existing residence and the proposed secondary dwelling unit. The secondary dwelling unit shall meet the following design standards:  2.  depicted.  3.  43-16    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  a.  As secondary dwelling unit shall have ai roof pitch and roof overhang equal to the roof pitch and roof overhang oft the primary The address and mailbox for the second dwelling unit shall be  residence.  b.  located near the public right-of-way.  C. Designated Areas. ADUS and JADUS may be permitted on a lot' with an existing or proposed single-family use or multi-family use. located in the R-1, R-M, ,a and in the Planned Development zone districts, unless the City makes express findings supported by substantial evidence that ADUS and JADUS cannot be permitted due to the inadequacy of water and/or sewer services, and/or the impact of ADUS and JADUS on traffic flow and/or public safety and designate specific areas based on these findings. ADUS and JADUS are subject to the normal requirements of the district.. ADUS and JADUS are: not permitted in nonresidential zoning districts where residential uses are not allowed. Non-habitable accessory structures shall be pèrmitted in addition to  ADUS and JADUS.  D. Development Standards. Fire and Building Code requirements are not considered "Development Standards" under this Ordinance. ADUS and JADUS may be permitted on any single-family lot or any multi-family lot. The requirements and standards of the Zoning Ordinance that apply to the primary dwelling on the lot shall apply to any ADU and/or JADU, including lot coverage, height floor area ratio, open spaçe, landscape, and architectural review. If different or conflicting requirements or standards exist, the more restrictive requirements or standards shall apply, but only to the extent such requirements or standards do not conflict with the requirements and standards provided in this Section and Government Code sections 65852.2 and  65852.22. 1.  Numer of units. Not more than three (3) dwelling units shall be permitted on a single-family lot, which shall include not more than one (1) existing primary residence and may include not more than one (1). ADU and not more than one (I)JADU.Lots with existing multifamily dwellings may construct up to two (2) detached ADUS, or ADUS up to 25 percent of the number of existing multifamily dwelling units in non-livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages). There are: no JADUS allowed on lots with existing multifamily dwellings. Relation to Primary Dwelling. The ADU: must be either: (1) attached to, or located within; the existing primary dwelling, including attached garages, storage areas, or similar uses within thej primary dwelling structure; or (2) detached from the existing primary dwelling and located on the same lot as the existing primary dwelling. Except as provided in Government Code  2.  43-17    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  Section 65852.2e),aJADU must be contained entirely within the walls of ADUS and JADUS are not subject to the density limitations for the  the existing single-amilyiesidence.  3. 4.  premises.  Setbacks and Separation Distances.  a. b. C.  Setbacks shall be defined. as the distances between a structure and Separation Distances shall be defined as the distance between No setback or separation distance is required for an ADU constructed ori installed within (1) an existing living area or permitted accessory structure, or (2) a structure constructed in the same location and to the same dimensions as an existing permitted accessory structure that is converted to an ADU or'to a portion of  aproperty line or easement.  structures, and/or other improvements.  an ADU.  d. Aminimum setback of four (4) feet from the side and rear lot lines' isI required for an ADU that is not (1) converted from an existing permitted accessory structure, or (2) a new structure constructed in the same location and to the same dimensions as an existing permitted accessory structure. However, if a proposed ADUis less than 800 square feet, a front setback requirement in other areas of this Code cannot prevent the ADU front being built. State Law does not. address the distance between and ADU and other structures on a lot'. In the event that an ADU is not consistent with (c)(1) or (c)(2) above, ADU or JADU proposals with Separation Distances of less than ten feet shall comply with building codes regarding safe fire separation distances.2  e.  5.  ADU Unit Size. a.  If there is an existing primary dwelling, the total floor area of an attached ADU may not exceed 50 percent of the floor area of the  existing primary dwelling.  1 Quoted from HCD Handbook, Pg.17. 2 Ca. Gov'tCode 565852.2  43-18    Farmersville. Zoning Ordinance DRAFT Chapter 43: Special Uses  b., The total floor area for a detached ADU: may not exceed 1,200  square feet.  C.  An attached or detached- one-bedroom ADU may not be more than  800 square feet of living area.  d. An attached or detached ADU that provides more than one (1) bedroom may not be more than 1,000 square feet of living area. e., An ADU may be an efficiency unit, as defined.. A proposed. ADU that does not meet the minimum requirements of an efficiency unit  is not permitted.  6.  JADU Size. a. 7. Exceptions. a.  AJADU may not be more than 500 square feet in size.  Notwithstanding any other minimum or maximum size for an ADU,size based upon. aj percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio,open space, or minimum! lot size, an attached or detached ADU will be  permitted if the ADUis:  i.  Not more than 800 square feet of total floor area; ii. Not more than 161 feet inj height (any circumstance); iii. Not more than 25 feet in] height if the ADU is attached to the primary dwelling, or it can be the same height as the primary dwelling, whicheveri is lower;  iv. Has at least 4-foot side and rear yard setbacks; and  V.  Isc constructed in compliance with all Fire and Building Code requirements and standards of the Zoning Code (including consideration of separation distances).  8.  ADU Building Standards.  a.  The ADU height requirements are as: follows:  i.  16 feet- allowed under any circumstance.  43-19    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  ii.  18 feet- allowed ift the proposed ADU is within % ai mile of public transit or the property already has a multi-family 25 feet- allowed if the. ADU is attached to the primary dwelling depending on the underlying zoning code of the property (the lowest height allowance will apply).  dwelling two stories high.  iii.  b. The development of the ADU shall be subject to the property development standards for the zoning district in which the. ADUis Both attached and detached ADUS must be architecturally compatible, having similar materials and style of construction, with the primary dwelling and consistent with the established character of the adjoining residential neighborhood. The design and size of the building, health, and other codes adopted by the City. Attached ADU's shall be compatible with and made structurally: a part of the primary dwelling (e.g., share a common wall with the primary dwelling, rely partially on the primary dwelling for structural support, or be attached to the primary dwelling). Detached ADUS shall comply with building and fire code separation standards and be compatible with the materials and No passageway is required in conjunction with the construction of A new utility connéction directly between the ADU and the existing single-family home is not required. JADU Building Standards.. JADUS shall comply with the following: AJADU must include a separate entrance from the main entrance AJADU must include at least an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. Permanent ovens or cooktops are not  located.  C.  d.  e.  colors of the primary dwelling.  f. g.  an ADU.  9.  a. b.  to the existing single-family residence.  allowed in aJADU.  43-20    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  C.  AJADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.  d. AJADU shall not be considered a separate or new dwelling unit for purposes of any fire or life protection ordinance or regulation, or for purposes of providing water, sewer, or power, includinga a Deed Restriction. A. JADU shall not be permitted unless a deed restriction, which shall run with the land, is recorded for the applicable lot, and filed with the City along with the permit application, and must do both of the following:  connection fee.  e.  i. ii.  Prohibit the sale of the. JADU separate from the sale oft the Prohibit the occupancy of the. JADU unless the primary dwelling is occupied. by the property owner.  single-family residence.  10. Multi-family ADUS. The following ADUS are permitted within a residential or mixed-use zone,on al lot that has an existing multi-family  dwelling: a.  One (1) or more. ADUS, up to 25 percent of the existing multifamily dwelling units, constructed within the portions of the existing multifamily dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, ife each unit complies  with state building standards for dwellings. and 4-foot rear yard and side yard setbacks.  b.: Up to two (2) detached ADUS, subject to a height limit of 161 feet  E. Connection, Impact, and other Fees. Except as provided below.. ADUS and JADUS are subject to all: fees and assessments required by the Farmersville ADUS and JADUS are not considered to be ai new: residential use. for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU or JADUis constructed with ai new single-family home or a new detached structure. 2. Any impact fees charged for an ADU or. JADU of750 square feet or more shall be charged proportionately in relation to the square footage of the  Municipal Code for new residential construction.  1.  primary dwelling unit.  43-21    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  3. An inspection fee shall be assessed for any inspection to determine if an ADU or. JADU complies with applicable building standards.  4.  The separate utility connection for an ADU constructed with a new single- family home or new detached structure is subject to a connection fee or capacity charge proportionate to. the burden of the proposed ADU,based upon either its square feet or thé number of its drainage fixture unit (DFU) values upon the water or sewer system, that reflects the reasonable cost of  providing this service.  F.  Occupancy and Ownership. ADUS and. JADUS must comply with the following 1. A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy can be issued for an ADUor. JADUC on An ADU or JADU: may be rented separate from the primary residence, but may, not be sold or otherwise conveyed separate from the primary Beginning. January 1,2025, owner occupancy shall be required for all ADU and/or JADU permits. For an ADU permit, the owner may occupy either the primary or accessory unit. For a JADU permit, the owner may reside in either the remaining portion of the primary unit, or the newly created JADU.For: single-family residences in which an ADU: and a JADU will be permitted, the preceding Section G.4. applies. Owner occupancy shall notl be required ift the owner is another governmental  standards.  the lot.  2.  residence.  3.  agency, land trust, or housing organization.  G. Parking Standards. One (1) parking space per. ADU is required, unless the newly constructed ADUis] located within one-half mile walking distance of a public transit center. These spaces may be provided in setback areas or as tandem  parking on a driveway.  H. Permit Approval. Aj permit must be obtained for the construction or installation of an ADU or. JADU. The ADU or JADU must conform to the standards required by the Zoning Ordinance and the California Fire and Building Codes. A permit application for an. ADU or aj JADU shall be considered and approved ministerially without discretionary review or al hearing. The City shall approve or deny the application to create an ADU or aJADU within 60 days from the date the City receives a completed application if there is an existing single-family or multi-  family dwelling on the lot.  43-22    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  I.  ADUS and Regional Housing Needs Assessment. Subdivisions and multi-family housing developments developed or zoned at densities of ten (10) or more dwelling units per acre, with the ability of each lot or dwelling to construct an ADU,shall be counted in the City's Housing Element as adequate sites for affordablel housing, as provided in Government Code section 65583.1(a). Demolition Permits. A demolition permit for a detached garage that is tol be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. An applicant shall not be otherwise required, toj provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant  J.  historic district.  K. Other.Nothing in this section shall be construed toj prohibit the City from adopting an ordinance or regulation, related toj parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains an. ADU or. JADU, sol long as that ordinance or regulation applies uniformly to all single-family: residences, regardless of whether the single-  family residence includes an ADU or JADU.  L. Definitions 1.  "Accessory dwelling unit" or "ADU": means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with aj proposed or existing primary residence.. An ADU must include permanent provisions for living, sleeping,eating, cooking, and sanitation on the same parcel that the single-family or multi-family dwelling is situated.. An ADU may be an "Efficiency unit" has the same meaning as defined in the California Building Code, California Code of Regulations, Title 24, Section 1207.4,  efficiency unit or ai manufactured home. which meets the following standards:  2.  a.  The unit has a single living room of not less than 220 square feet of floor area for two (2) or fewer occupants and an additional 100 square feet of floor area for each additional occupant of the unit.  b. C.  The unit has a separate closet.  The unit has a kitchen sink, çooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front, and lighting and ventilation conforming to the  California Building Standards Code.  43-23    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  d.  The unit has a separate bathroom containing a water closet,  lavatory, and bathtub, or shower.  3.  "Floor area" or "total floor area" means the entire ground-level square footage of the structure, including the living area, as defined, and any non- habitable area within the structure, such as a garage or storage space. "Impact fee" has the same meaning as the term "fee" as defined in Government Code Section 66000(b), except that it also includes fees specified in Government Code Section 66477. "Impact fee" does not "Junior accessory dwelling unit" or "JADU" means a dwelling unit that is no more than 500 square feet in size and contained entirely within the walls of an existing single-family residence, or other approved structure as specified in Government Code Section 65852.2(e). .AJADU must include  4.  include any connection fee or capacity charge.  5.  the following features:  a.  Exterior access separate from the main entrance to the proposed or  existing primary dwelling or other structure.  b. Ane efficiency kitchen, which includes a cooking facility with'a sink and a food preparation counter and storage cabinets that are of reasonable size: in relation to the size of the. JADU. JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.  C.  6.  "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any "Multi-generational dwelling unit" means a dwelling unit, that does not include al kitchen, contained entirely within the walls of an existing single- family residence where access is not restricted between areas of the "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards but was a lawful improvement that did conform to the zoning standards in place at "Passageway" means aj pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.  accessory structure.  7.  residence.  8.  the time of the improvement.  9.  43-24    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  10. "Permanent provisions for cooking" has the same meaning as "kitchen". 11. Permanent provisions for sanitation" and' "sanitation facilities" means a separate bathroom containing a water closet, lavatory, and bathtub or  shower.  12. Proposed dwelling" meâns a dwelling that is the subject of a permit application and that meets the requirements for permitting. 13. "Public transit" means al location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and  are available to the public.  14. "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on alot, lined up behind one another.  17.43.010 Wireless Telecommunication Equipment  The purpose oft this section is to provide uniform standards for the desired design, placement, permitting, and monitoring of telecommunication facilities consistent with applicable federal requirements. The standards are intended to address adverse visual impacts and operational effects of these. facilities through appropriate design, siting, screening techniques and locational standards while providing for the communication Wireless telecommunication facilities inçlude residential and commercial TV antennae and satellite antennae; public safety facilities; telecommunication facilities accessory to public equipment for data acquisition such as irrigation controls; well monitoring and traffic signal controls, telecommunication facilities erected for emergency situations and/or public information coverage with a duration of less than seven days; satellite Earth Station facilities not exceeding two: meters in diameter ori in diagonal measurement and television and AM/FM radio antennae for commercial purposes, and monopoles and The following location criteria and development standards shall apply to all wireless A. With the exception of monopole and lattice tower facilities, all wireless telecommunication equipment listed above shall be permitted uses in all of  needs of residents, local businesses, and government agencies:  lattice towers for cellular phones and similar devices.  telecommunications equipment.  Farmersville's zonè districts.  43-25    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  B. Monopoles and lattice tower facilities are classified as permitted subject toa Conditional Use Permit in the C3,M-1,M-2,Gand UR zones. These facilities Monopoles and lattice towers shall be located on the: rear half of the parcel, unless aesthetic benefits are achieved through an alternative location or stealth design  shall be prohibited in all other zones.  C.  techniques can be employed.  D. Monopoles and lattice towers shall not be permitted within 1,000 feet of an  existing tower.  E.  Consideration shall be given to the use of "stealth" facilities in place of utilitarian monopoles and lattice towers. Examples of stealth facilities include towers disguised as trees, flag poles, or mounted on existing facilities, such as water  towers, steeples, etc.  Definitions  A. "Cellular" shall mean an analog or digital wireless telecommunications technology that is based on. a system ofinterconnected neighboring cell sites. "Co-Location" shall mean the location of two or more wireless communication facilities on a single support structure. Co-location shall also include the location of wireless communication facilities with other facilities,including water tanks, "Communication Tower" shall mean any structure which is used to transmit or receive electromagnetic radio frequency waves or that supports such a device. D. "COW" shall mean a' "cell on wheels," which is a wireless telecommunications  B.  light standards, and buildings.  C.  facility temporarily rolled in or temporarily installed.  E.  Monopole" shall mean a structure composed ofaj pole or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects  attached on a monopole (e.g. water tower).  F. "Slimline Monopole" shall mean a single, slim antenna pole not exceeding 1.5 feet in diameter at the base of the antenna or pole and one: foot in diameter at the  top of the antenna or pole.  G. Telecommunications tower" shall mean a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed ànd primarily used to support wireless telecommunications facility antennas.  43-26    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  H. "Wireless telecommunications facility," "facility" or "facilities" shall mean any facility that transmits and/or receives electromagnetic waves. Iti includes, buti is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. The term "wireless telecommunications facility" does not apply to the following: Emergency medical care provider-owned and operated  1. 2.  telecommunications facilities. at temporary nature. federal law or state law.  Mobile services providing public information coverage ofnews events of  3. Any wireless telecommunications facilities exempted from this Code by "Wireless telecommunications services" shall mean the provision of services using a wireless telecommunications facility or a wireless telecommuhications collocation facility, and shall include, but not limited to, the following services: personal wireless services as defined in the federal Telecommunications Act of 1996at 47U.S.C. $332(C)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.  I.  17.43.010 Adult-Oriented Businesses A. Purpose and Intent  1. Iti is the purpose and intent of this Ordinance to regulate sexually oriented businesses to promote the health, safety,morals, and general welfare of the citizens of Farmersville and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the City, thereby reducing or eliminating the adverse secondary effects from such séxually oriented businesses. The provisions of this ordinance have neither the purpose nor effect ofi imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the ordinance to condone or legitimatize the  distribution of obscene material.  43-27    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  2.  One of the important purposes of the regulations set forth in this Chapter isi to discourage and to minimize the opportunity for criminal conduct.. As such, nothing in this Chapter shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the  following California Penal Code sections:  a. b. C. d. e.  Receipt of money for placement of persons for purposes of Purchase of persons for purposes of prostitution of placement of persons for immoral purposes (Penal Code 266e); Sale of persons of immoral purposes (Penal Code 266f);  cohabitation (Penal Code 266d);  Pimping (Penal Code 266h); Pandering (Penal Code 2661);  f. Lewd or obscene conduct (Penal Code 314); Houses of ill-fame (Penal Code 315);  g. h. i.  Disorderly houses which disturb the immediate neighborhood  (Penal Code 316);  Places of prostitution (Penal Code 317);  Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code  11225).  3.  "Nothing in this Chapter shall be interpreted to permit or permit any use, conduct, and/or activity which violates any federal, state or local law of  regulation."  B. Establishment and Classification of Businesses Regulated  The establishment of any sexually oriented business shall be permitted only in the zone district permitted, and shall be subject to the following restrictions: No person shall cause or permit the establishment of any sexually oriented businesses, as defined above; within 1000 feet of any sensitive land use, as defined above. These limitations apply to sexually  oriented businesses classified as follows:  1.  Adult arcade  43-28    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  2. Adult bookstore, adult novelty store, or adult video store  3. Adult cabaret 4. Adult motel  5. 6.  Adult motion picture theater Adult theater 7. Nude model studio. C. Measurement of Distance  The distance between any sexually oriented business and any sensitive land use shall be measured in a straight line, without regard to intervening structures or objects from  property line to propertyline.  D., Location. of Sexually Oriented Business  The City of Farmersville's Zoning Ordinance requires that sexually oriented businesses shall be allowed only in a zone where such uses are specifically permitted - the "T" (Industrial) zone, at the time of adoption of this ordinance. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the City of] Farmersville Municipal Code. In addition, any sexually oriented business shall be  subject to the following restrictions:  1.  A,person commits a misdemeanor, if he operates or causes to be operated, asexually oriented business outside of the permitted zone.  2. A'person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within 1000 feet of any sensitive land use,as  defined above. Non-Conforming Uses  E.  1. Any sexually oriented businesses operating on (effective date of this Ordinance) that is in violation of Section 25-41.11 e. shall be deemed a non-conforming use. Anon-conforming use will be permitted to continue for a two (2): year period with possible extensions for extenuating circumstances to be granted by the City Council only upon a convincing showing of extreme financial hardship. Such extensions shall not exceed a total of three (3). years in addition to the initial amortization period.. Any such non-conforming, business loses its right to operate as a non- conforming use,if, for any reason, it voluntarily discontinues its business  43-29    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  operation for a period of thirty (30) days or more ori if its license to operate is revoked, and such revocation is not overturned by a court of competent jurisdiction. Such non-conforming uses, while non-conforming, shall not be increased, enlarged, extended or altered except that the use may be  changed to a conforming use.  2. A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit and/or license, within 1000 feet, of a sensitive land use. This provision applies only to the renewal of a valid permit and/or license, but this provision does not apply when an application for a permit and/or license is submitted after aj permit Abandonment. Notwithstanding thè above, any discontinuance or abandonment of the use of any lot or structure as an Adult-Oriented Business shall result in al loss of legal nonconforming status of such use. 4.. Amortization = annexed property.Any. Adult-Oriented Business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of Section 25-41.11 e. shall be terminated within two (2) years of the date of annexation unless an extension oft time has been approved by the City Councilin accordance with the provisions of Section 25-41.11f.1.  and/or license has expired or has been revoked.  3.  F.  Injunction  A person who operates or causes to be operated a sexually oriented business without having a valid permit due tol location restrictions is subject to as suit for injunction as well as prosecution for the misdemeanor punishable by a fine of $1,000.00 and/or one hundred eighty (180) days imprisonment, or by both such fine and imprisonment. If an injunction is sought and granted, the sexually oriented business shall be obligated to pay the City,  attorneys' fees and costs of the City, at the discretion of the Court.  G. Exception for Certain Nude Modeling nudity did soi in a modeling class operated:  Itis a defense to prosecution under this ordinance ifay person appearing in a state of  1. By aj proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation; By aj private college or university which maintains and operates educational programs in which credits are transferable to a college,junior college,oruniversty, supported entirely or partly,by taxation; or  2.  43-30    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  3. In a structure: a.  Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; Where, in order to participate in a class a student must enroll at least Where no more than one nude model is on the premises at any one  and  b. C.  three (3) days in advance of the class; and  time.  H. Definitions 3.  "Employee" means a person who works or performs in and/or for a sexually oriented business,regardless of whether or not said person is paid asalary, wage or other compensation by the operation of said business. This definition pertains to "Sexually Oriented Businesses" (see Zoning "Establishment" means and includes any of the following: (this definition pertains to "Sexually Oriented Businesses" (see Zoning Ordinance Section  Ordinance Section 25-41.11).  4.  25-41.11): a. b.  The opening or commencement of any such business as a new The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses  business;  defined in this chapter;  C.. The addition of a any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or The relocation of any such sexually oriented business; or The substantial enlargement of any such sexually oriented  d. e.  business.  5.  "Nudity or State of Nudity" means: (a) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the: female breast; or (b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals,P pubic regiori  or areola or nipple of the female breast.  43-31    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  4.  "Operator" means and includes the owner, permit holder, custodian manager, operator or person in charge of any permitted or licensed premises. This definition pertains to "Sexually Oriented Businesses" (see "Permitted or "Unlicensed Premises" means any premises that requires a license and/or permit that is classified as a sexually oriented business. "Permittee and/or Licensee" means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit "Person" shall mean any individual, firm, co-partnership, corporation, company, association, joint stock association, city, county, or district, and includes any trustee, receiver, assignee, or other similar representative thereof. This definition pertains to "Sexually Oriented Businesses" (see "Public Building Regularly Frequented By Children" means any building owned, leased or héld by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library,community çenter, children's center, or any other use. having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodian This definition pertains to "Sexually Oriented Businesses" (see "Public Park" or "Recreation Area" means public land which has been désignated for park or récreational activities including, but not limited toa park,playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities. This definition pertains to "Sexually Oriented Businesses" (see Zoning Ordinance Section 25-41.11). 10. "Religious Institution" means any church, synagogue, mosque, temple or building which is primarily for religious worship and related religious activities, as identified on yriented businesses" means those businesses  Zoning Ordinance Section 25-41.11).  5. 6.  and/or license.  7.  Zoning Ordinance Section 25-41.11).  8.  Zoning Ordinance Section 25-41.11).  9.  defined as follows: a.  "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide  43-32    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized byt the depiction or description of "specified sexual activities" or "Adult Bookstore", "Adult Novelty Store" or "Adult Video Store" means a commercial establishment which (1) has as a significant or substantial portion ofi its stock-in-trade or (2) derives a significant or substântial portion ofi its revenues or (3) devotes a significant or substantial portion ofi its interior floor or display space or (4) devotes a significant or substantial portion ofi its business activities ore employees' time, or advertising, to the sale, rental or viewing for any for any form of consideration, of any one or more of the  "specified anatomical areas."  b.  following: i.  Books,magazines,p periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction of description of "specified sexual activities" Instruments, devices, or paraphernalia which are designed for usei in connection with "specified sexual activities." An establishmént may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "specified sexual activities" or "specified anatomical areas",and still be categorized as adult bookstore, adult novelty store, or adult vidéo. store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store sol long as one ofi its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or  or' "specified anatomical areas";  ii. iii.  "specified sexual activities."  C.  "Adult cabaret" means a nightclub, bar, restaurant, "bottle club",or similar commercial establishment, whether or not alcoholic beverages. are served, which regularly features: (a) persons who appear nude ori in a state of nudity or semi-nude; (b). live performances which are characterized by the exposure of  43-33    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  "specified anatomical areas", or by "specified sexual activities",or (c)f films, motion pictures, video cassèttes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "Adult motel" means a motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, L films,motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets,radio or television, or (b) offers a sleeping room for rent for a period of time less than ten (10) hours; or (c) allows ai tenant or occupant to rent or sub-rent the sleeping room for a time period "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "spècified sexual activities." "Nude Model Studio" means any place where aj person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include ai modeling class operated by a proprietary school, licensed by the State of California;,a college,junior college, or university supported entirely or partly by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a çollege,junior. college, or university supported entirely or partly by taxation; ori in a structure which has  "specified anatomical areas."  d,  ofless than ten (10) hours.  e.  shown for any form of consideration.  f.  g.  43-34    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at] least three (3) days in advance of the class, and where no more than one "Regularly Features or Regularly Shown" with respect to an adult cabaret, adult theater, or adult motion picture theater means at least three (3) times within any thirty (30) day period; or carried on as part of the business's routine scheduling of events or activities and. not sO infrequently as to constitute a single, rare or unusual event "Significant or Substantial Portion" means such a percentage of its activities, space allocation, revenues, advertising targeting, stock in tradé, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that a sexually oriented portion of the business is one ofi its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that 25% or more of its revenues are derived from such sexually oriented activities or materials, or that. 25% or more of its interior floor space or display space is devoted tos such sexually oriented activities or materials, or that 25% or more of its actual stock in trade regularly displayed and immediately available for use,rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in Section 17.65.02 of this Chapter, Definitions, shall be evidençe that a "significant or substantial portion" of the business is devoted "Specified Anatomical Areas" as used in this Chapter means and  nude model is on the premises at any one time.  h.  or occurrence.  i.  tos such uses.  J.  includes any of the following:  i.  Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or Human male genitals in a discernibly turgid state, even if  ii.  completely and opaquely covered.  k.  "Specified Sexual Activities" as used in this Chapter,means and  includes any of the following  i.  The fondling or other intentional touching of buttocks for purpose of sexual arousal, or fondling or other intentional  43-35    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  touching of human genitals, pubic region, anus, or female Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; Masturbation, actual or simulated;  breasts.  ii. iii. iv. V.  Human genitals in a state of sexual stimulation, arousal or Excretory functions as part of or in connection with any of the activities set forth in sub-sections a through d ofthis  tumescence;  subsection.  I.  "Substantial Enlargement of a. Sexually Oriented Business" means an increase in the floor areas occupied by the business as the floor areas existed on the affected date of this ordinance. "Transfer of Ownership or Control ofa Sexually Oriented Business" means and includes any of the following: The sale, lease or sublease of the business; or ii. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or  m.  i.  similar means.  17.43.010 Outdoor Storage Yards  Outdoor storage yards, excluding the storage of vehicles in a day use parking lot or garage, are subject to the provisions of this section. The storage of vehicles in a public or commercial parking lot or garage is subject to Section 25-45 (Parking and Loading).  A. Site Design' Standards.  1.  Access. There shall be only one (1) access point to a storage yard for each three hundred (300) feet of street frontage. Such access point is to be a maximum width of twenty (20) feet and shall be provided with a solid gate Screening. A storage yard, except a temporary offsite construction yard,is. to be screened from public view on all sides by solid wood, painted metal or masonry fencing, or chain link fencing with vinyl slats or other screening mechanism, with a minimum height of six (6) feet. All required  ord door.  2.  43-36    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  screening shall be continuously maintained in good condition to assure Parking Requirement. None, provided that sufficient usable area is available to accommodate all employee and user parking needs entirely  that its intended purpose is accomplished.  4.  on-site.  5. Site Surfacing. A storage yard shall be surfaced with concrete, asphalt paving, crushed rock, or oiled earth, and be maintained in a dust-free Office Facilities. When no buildings exist or are proposed on a storage yard site, one (1) commercial coach may be utilized for an office, provided that such vehicle is equipped with skirting, and installed pursuant to the Operation. Except for vehicles' or freestanding equipment, materials within' a storage yard are not to be stacked or stored higher than six (6) feet, unless a higher wall or fence is constructed at the required setback line  condition.  6.  permit requirements of the Uniform Building Code.  7.  under an approved building permit.  17.43.010 Marijuana aulivaton,mmuhactaring, testing, transportation and  distribution  Subsections  A. Authority and' Title. B. Definitions. C. Nuisance Declared. D. Conditional Use Permit.  E. F. I. J.  Registration of Parcels Prior to Non-Commercial Cultivation. Annual Registration of Parcels Prior to Use for Cannabis Business. G. Registration of Parcels Prior to Commercial Cultivation. H. Application; and Registration Certificate. Regulatory Inspections of Registered Parcels and Records. Denial of Registration. - K. Responsibilities of Registrants. L. Violations. M. Notice to. Abate Cannabis Violation. N. Contents of Notice. O. Service of Notice. Administrative Review. Q. Liability for Costs and Expenses. R. Abatement by Owner or Occupant.  P.  43-37    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  S.  Enforcement. T. Accounting. V. Hearing on Accounting. W. Modifications. X. Special Assessment and Lien. Y. Enforcement by Civil Action. Z. Summary Abâtement. AA. No Duty to Enforce. BB. Definitions A. Authority and' Title.  U. Notice of] Hearing on Accounting; Waiver by Payment.  Pursuant to the authority granted by Article XI, section 7 of the California Constitution, Health and Safety Code S 11362.2(b)(1), and Government Code S 38773.5, the City Council does enact this Chapter, which shall be known and may be cited as the  "Cannabis Ordinance."  B. Effect of] Headings/Titles Within this Chapter  Section and subsection headings and title are provided for organizational purposes only and must not be read to in any: manner affect the scope, meaning or intent of  the provisions associatéd with them. Nuisance Declared.  C.  1. Unless and until this subsection is specifically cited as repealed, notwithstanding any'other ordinance oft the City, each and. all of the following activities are hereby declared tol be a public nuisance and unlawful when the same occur in violation of any oft the provisions ofthis Chapter or any State law, and any such public nuisânce may be abated by the City in any manner. allowed by any State Iaw or local ordinance:  a.  The operation of any indoor and/or outdoor cannabis cultivation site upon any parcel of real property within the City which does The operation of any cannabis business upon any parcel of real property within the City which does not have an active registration  not have an active registration with the City.  b.  with the City.  2.  Prohibited Cannabis Business and Non-Business Activities: Unless and until this subsection is specifically cited as repealed, notwithstanding any other ordinance of the City,each of the following shall be prohibited everywhere within the City and shall constitute a public nuisance:  43-38    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  a. b.  Cannabis RetailSales: Each retail sale of cannabis,c cannabis Outdoor Cultivation: All outdoor possession, planting, cultivation, harvesting.drying or processing of cannabis and industrial hemp, including any such activities with non-commercial cannabis upon any) private residence under California Health and Safety Code $ Non-Commercial Cultivation: The operàtion of any indoor and outdoor cannabis cultivation site upon any parcel of real property within the City without a valid State license therefori issued under Division 10 oft the California Business and Professions Code, excluding non-commercial cannabis cultivation under Health and Safety Code $ 11362.1 occurring while in full compliance with all applicable provisions of this Chapter, the Municipal Code and Retail] Deliveries Within the City: The delivery,as defined by Businesses and Professions. Code 8 26001(p) or any successor statute, of cannabis and/or cannabis product(s) to any parcel of real property within the City in connection with ai retail sale thereof; Microbusinesses: The operation of any cannabis microbusiness Use In Certain Areas: The inhalation, ingestion, use and/or other consumption, by any natural person, of any cannabis and/or any  products and industrial hemp;  11362.1.  C.  State law;  d.  a. b.  within any land-use zone within the City;  cannabis product(s):  i.  In any place where any form of tobacco use is prohibited under Califoria Labor Code $ 6404.5 (or sucçessor Within any building and/or other facility owned, leased, operated or controlled by City; Upon any public road, street, right-of-way, easèment, sidewalk, park or recreation site; and Upon any privately owned parcel, when such inhalation, ingestion, use and/or other consumption is to any degree  statute);  ii. ii. iv.  43-39    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  detéctable to the unaided senses of any reasonable observer  who is not located upon the same parcel;  3.  Cannabis Use Prohibited During Public Business Hours: Notwithstanding any other ordinance of the City to the contrary, and to any extent not already prohibited by State law; federal law or subsection (b), inhalation, ingestion, use and/or other consumption of any cannabis and/or any cannabis product(s) by any natural person isj prohibited upon each parcel ofreal property within the City during such times when. any commercial  business conducted thereon is open to the public.  E.. Conditional Use Permit.  1.  Conditional Use Permit) Required: Unless. and until this subsection is specifically cited as repealed, and notwithstanding any other ordinance of the City to the contrary, each land use occurring on a privately owned parçel of real property within the City which includes the cultivation; storage, transport, testing, processing and/or sale of any plant or crop, or derivative product thereof, which yields any detectable level of any substance which is listed within any schedule prepared under the federal Controlled Substances Act (codified at 21 U.S.C. $8 801 et seq.), excluding Schedule V,shall require a conditional use permit under Title 17ofthel Municipal Code. Any conditional use permit issued pursuant to this requirement shall be deemed to include a condition which requires compliance with all applicable federal, State and local laws and regulations,regardless of whether or not the same is expressly listed as Exemptions: Subsection (a) shall not apply to any oft the following:  one oft the conditions.  2.  a.  Al land use within the scope of California Health and Safety Code $ 11362.1(a) and which will not concurrently occur on the same parcel with land uses which require any State license under the statutes of] Proposition 64 (2016) and Senate Bill 94 (2017); Each land use which consists, in whole or inj part, of the operation of aj pharmacy which is under the supervision of a State-registered pharmacist whom has a valid registration from the Drug Enforcement Administration of the United States Department of Anyl land: use which, after reasonable consultation with the Office oft the City Attorney, the City reasonably believes is required to be exempt under applicable portions of fedèral and/or State laws.  b.  Justice.  C.  43-40    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  3.  Expiration of Conditional Use Permits: Notwithstanding any other provision within the Municipal Code to the contrary, the failure to operate ac çannabis business upon any parcel with a conditional use permit therefor, for aj period of six (6) or more consecutive months shall automatically cause said conditional use permit to expire and notice of expiration: may bei issued by the City but is not required to be issued.  D. Registration of Parcels Prior to Non-Commercial Cannabis Cultivation.  1.  Registration Required: This section applies to non-commercial cannabis cultivation under Health and Safety Code $11362.1. Each parcel of real property within the City must be registered under this section with the City Manager or designee prior to the non-commercial cultivation thereon of any quantity of cannabis whatsoever. Violation of this requirement is hereby deçlared to be unlawful and a public nuisance which may be abated by the City in any manner allowed by State law or local ordinance. Registration of aj parcel does not create any vested right or any land-use Conditionsof Active Registration: Registration of any parcel of real property under this section shall be invalid, void and inactive except during such times when all of the following conditions are all  entitlement.  2.  simultaneously satisfied:  a.  Registration Application Requirements: Any person owning, leasing, occupying and/or having charge or possession oft the parcel has, within the twelve (12) months preceding each date when cultivation will occur, submitted an accurate and signed application for registration, which was ultimately approved for registration by the City, containing all oft the following information  and documentation:  i. ii. ii.  The name of each person, owning, leasing, occupying and The maximum number of plants which will be cultivated Written consent to allow a City inspection of the cultivation site, during normal business hours and on a mutually suitable date, in order to complete the registration process; Such' other information and/or documentation as the City Manager reasonably determines is necessary to ensure compliance with State law and this Chapter including, without limitation, information reasonably necessary to establish compliance with subsection (b)(2) of this section.  having possession of the parcel;  on the parcel;  and  iv.  43-41    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  The application information and documentation shall be received in confidence, and shall be used or disclosed only for purposes of administration or enforcement of this Chapter and/or State law, oras The City Council may, by adoption of a resolution, establish a fee for such annual registration, which may include a fee for issuance ofaregistration certificate in accordance with all applicable legal requirements. Such fee must be paid in full for a registration tol be valid and effective.All registrations, whether initial or renewal, of all parcels of real property shall expire at the énd of the day on January 31st of the calendar year following the calendar year in which the parcel was registered. 3. Zoning Compliance: This subsection shall apply notwithstanding any other provision within the Municipal Code. For cannabis cultivations within the scope of Health and Safety Code $ 11362.1,t the parcel to be registered must be located within any zone where ai residential land use is permitted, as established by Title 17 of the Municipal Code. Owner's Consent: When a person cultivating cannabis on any parcel is not the legal owner(s) of the parcel, such person(s) must obtain the notarized written consent to. such cultivation from the legal owner(s) of the parcel prior to commencing cultivation of cannabis on such parcel, and must provide the original of said consent to the City Manager at the time of application for registration of the parcel. Any withdrawal or revocation of the owner's consent must be notarized and shall, without any notice from the City, terminate any existing annual registration at the end of the thirtieth (30th) day after personal service of the notice, which must be dated, upon the tenant(s)occupante), provided that a copy is contemporancous'y served upon or mailed to the City.Any such notice which is mailed to ai tenant(g)occupant(s) must be postmarked and shall require an additional five (5) days to become effective. Indoor Cultivation Requirements: Subject to the other requirements within this Chapter, the total area used for cannabis cultivation must not exceed one hundred (100) square feet. When it is unattended by the registrant, such cultivation area must be locked and completely inaccessible to anyone without a unique physical and/or alphanumeric key. The cannabis plants within the cultivation area must not be detectable by unaided sight or smell from adjacent parcels or public vantage points at ground level. Each door providing access. into any cultivation area. must be locked at all times when not within the view of the cultivator. After a citation issued for excessive odor becomes final and non-appealable, and after written notice of at least fifteen (15) business days, the City may require, as a condition  otherwise required by law or legal process.  4.  5.  43-42    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  for maintaining registration of aj parcel, the installation of a City-approved ventilation system which includes one or more charcoal filters sufficient to eliminate further violations pertaining to cannabis odor. Each building must also comply with any existing, adopted or revised ordinances and all applicable State and local standards pertaining to ventilation rates, exhaust Cultivation Building Requirements: All cannabis cultivations must occur within a properly constructed and permitted réal property improvement which is the private residence of the cultivator or is upon the parcel containing such private residence. Such private residence or accessory structure thereto which contains a cultivation areai must. be fully enclosed and comply with applicable State laws, building standards and all of the  termination, ventilation inlets and humidity levels.  6.  following shall apply:  a.  Portables Prohibited: Cultivation within any trailer, camper and any other form of portable enclosure which is not a "private residence" under Health and Safety Code section 11362.2(b)5)is Windows: The exterior windows to all buildings or structures where cannabis is cultivated, must eliminate visibility of all cannabis plants from all ground level exterior vantage points and must be equipped with security bars. Security bars must be installed on the inside of detached garages and other auxiliary buildings which are: not certified or permitted as human living spaces and such buildings must have fire rated drywall properly  prohibited.  b.  installed. Windows must not be broken.  7. Doors: All frames for doors which allow entry into the building from the outside must be made of metal or solid wood: reinforced with metal at the point where locks latch to them. All non-metal doors must be solid-core and equipped with either a deadbolt lock, or a properly functioning industrial grade padlock and locking méchanism, which can only be Electrical: The lighting and electrical system for the cultivation area must comport with applicable building standards, including those pertaining to cultivation areas, and not exceed consumption of 1,200 watts at any time. In order to determine whether an electrical panel requires upgrading, a liçensed electrician must perform a full electrical load calculation of the lighting and electrical system for the cultivation area and submit it to the City's building official prior to initial registration, renewal of registration and any time the lighting and electrical system is modified to any degree other than the routine replacement of bulbs and fuses. Thè use of an  unlocked with a unique key.,  8.  43-43    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  extension cord of ànyl kind is] prohibited for all aspects of cannabis Flooring: The flooring beneath each cannabis plant must not consist of carpet or other non-water proof material which can be penetrated by water  cultivation.  9.  orother liquids.  10. Irrigation Equipment: Use of all garden hoses, drip irrigation lines,  irrigation timers. and other irrigation components designed for outdoor use is prohibited for all indoor cannabis cultivation. All water fixtures. and modifications thereto must be inspected and approved by the City.A reduçed pressure backflow prevention device must be properly installed, functioning and inspected for each water fixture used primarily for cannabis cultivation. The presence of any toxic mold in any quantity which exceeds the naturally occurring level is prohibited.  11. Effluents: Discharge into the City's sanitary sewer systèm of any effluent containing any cannabis cultivation waste product, chemical, fertilizer or pesticide is] prohibited,including discharges into household drains, commercial drains, storm drains and other private and public drainage systems within the City. Furthermore, such discharges are also prohibited. into any community water system, municipal water system and all other  public or private water systems.  12. Chemical: All pesticides, fertilizers and other treatments or chemicals used for cannabis cultivation must not be stored within any area of a private residence which does not comply with all requirements of this Chapter for ac cannabis cultivation area. All such items must not be visible or otherwise detectable by unaided sight or smell from adjacent parcels or public  vântage points at ground level.  13. Plant Size: At all times during indoor cannabis cultivation under Health and Safety Code $ 11362.1 within aj parcel containing aj private residence, éach cannabis plant must not exceed al height which is the lesser of eight # (8) feet or one (1) foot from the ceiling above the plant, and the' 'width must not exceéd three (3) feet, provided that in no event should the size of cannabis plants which are grown together increase to a degree that any of them to any degree obstruct ingress and egress between each doorway and window within thè room wherein they are. located. Notwithstanding the foregoing, cannabis plants must not be cultivated in such a manner that the cannabis plant makes contact with any wall, door, window or ceiling at any time and there must at all times exist at least a one- (1) foot space between each plant and the walls, doors, windows and the ceiling.  43-44    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  14. Safety Requirements: At all times during indoor cannabis cultivation under Health and Safety Code $ 11362.1 within aj parcel containing a private residence, whenever any person under the age of twenty-one (21) years resides, regularly visits ori is actually present upon such parcel, the cultivated cannabis plants must not be located within any common area of such private residence which is accessible by such minor including, without limitation, any hallway, living room, den, family room, kitchen, bathroom, garage. or sunroom. Minors under the age of twenty-one (21) years also must not be allowed access. into any indoor cultivation area during cultivation, harvesting, drying or processing of cannabis. Except when being actively consumed or handled in accordance with applicable State and local laws, all harvested cannabis and all cannabis products which are located on the parcel must be secured in a safe or room which is locked and inaccessible by persons under the age of twenty-one (21) years  of age.  15. Records: At all times during cannabis çultivation under Health and Safety Code $ 11362.1 which occurs within the City, at least one legible and up- to-date hardcopy journal must be maintained on the parcel, containing all  of the following information:  i. ii. iii. iv. V.  Each cannabis plant's date of acquisition; The source of such acquisition; Height and width in inches during each calendar month; Each cannabis plant's corresponding owner; and The date of each journal entry next to the printed and signed name of the person making the entry into the J  journal.  Said journal must. be retained for a period of not less than five (5) years after each date listed within the journal.. Asapre-condition of registration orr registration renewal, the City may require individual tags, bar codes or other physical labels or markers to be affixed onto each cannabis plant  exceeding one: inch in vertical height.  16. Metered Water: Water service to the parcel must be metered with a device which is both capable of wireless transmission of metering data and  approved by the City.  17. Building Standards: All waterlines, electrical wiring and structures used for cultivation of cannabis must comply with all applicable building codes,  laws and ordinances.  18. Compliance with State Cannabis Laws: Each registrant must at all times remain in full compliance with all State statutes which are applicable to  43-45    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  cannabis including, without limitation, those pertaining to personal  cultivation, sales, gifting, use and possession.  19. Overdue City Balance: Each owner of the parcel tol be registered must not have any amount which is overdue, thirty (30) or more days, to the City in unpaid fines,penalties, fees, charges, taxes, assessments and/or other  payments,including contracted payments.  20. Registration Voided Upon Violation: Any registration which becomes void for lack of compliance with any requirement of this Chapter shall remain void and ineffective from the initial moment ofnoncomplianceand  cannot be reinstated without a renewal application.  21. Responsibility for Cultivation Violations: No person owning, leasing, occupying or having charge or. possession of any parcel within the City shall cause, allow, suffer, or permit such parcel to be used for cultivation of cannabis in violation of any provision. in this Chapter. Violation of this provision by any person owning, leasing, occupying orl having charge or possession of any registered parcel shall be grounds for revocation of registration in addition to abatement under this Chapter.  22. The City Manager or designee shall have authority to, in writing, waive any registration fee and/or requirements otherwise needed for registration, and thereafter issue ai registration whèn, after reasonable consultation with the Office of the City Attorney, iti is reasonably believed that State or  federal law might sO require.  E. Annual Registration of] Parcels Prior to Use for Cannabis Business.  1.  Registration Required: Each parcel of real property within the City must be registered under this section with the City Manager or designee prior to the use of said parcel for any cannabis business activity and each cannabis business activity within the scope of any State license issuedpursuant to Division 10 of the California Business and Professions Code. Violation of this requirement is hereby declared to be unlawful and a public nuisance which may be abated by the City in any manner allowed by State law or local ordinançe. Registration of aj parcel does not create any vested right or Conditions of Active Registration: The registration of any parcel of real property under this section shall be invalid, void and inactive except during such times when all of the following conditions are all  land-use entitlement.  2.  simultaneously satisfied:  43-46    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  3.  Local Cannabis Business Tax: A valid voter-approved local tax ordinance, other than a generally applicable business, sales or use tax,must be in effect for each type of commercial cannabis business activity which is to occur on the parcel. For commercial cultivation of cannabis, such tax must be calculated based upon the square footage of cultivation area and contain an inflationary escalator, or calculated as a percentage of annual gross receipts per fiscal year. For all other cannabis business activity, such  tax must either be: a. b.  Calculated based upon the square footage of business area and Calculated as aj percentage of annual gross receipts per fiscal year,  contain an inflationary escalator; or tot the extent permitted by law.  The local tax must allow the City Council to annually or periodically Registration. Application Requirements: Any person owning, leasing, occupying and/or having charge or possession of the parcel must, within the twelve (12) months preceding each date when activity within the scope ofa State license issued pursuant to. Division 10 oft the California Business and Professions Code occurs, submit an accurate and signed application for registration, and successfully register said parcel with the City. Said application must contain all of the following information and  choose which calculation method to implement.  4.  documentation:  a. The name of each person, owning, leasing, occupying and having possession of the parcel. Corporations and other businesses entities which have more than, one hundred owners may instead list the top one hundred owners with the greatest individual ownership interests and next to them list their respective ownership share; For each business, al list of all personnel who are assigned to work The maximum number of plants which will be cultivated on the Written consent to allow a City inspection of all portions of the parcel, during normal business hours and on ai mutually suitable date, in order to complete the registration process; and Such otheri information and/or documentation as the City Manager reasonably determines is necessary to ensure compliance with  b. c. d.  at the parcel tol be registered; parcel, ifcultivation is to oçcur;  e.  43-47    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  State law and this Chapter including, without limitation, information reasonably necessary to establish compliance with  subsection (b)(3).ofthis section.  This application information and documentation shall be received in confidence, and shall be used or disclosed only for purposes of administration or enforcement oft this Chapter and/or State law, or as otherwise required by law or court order. The City Council may, by adoption of ai resolution, establish a fee for such annual registration in accordance with all applicable legal requirements. All registrations, whether initial or renewal, of all parcels of real property shall expire at the end of the day on January 31st oft the calendar year following the calendar yeari in which  the parcel was registered.  5.  Zoning Compliance: Notwithstanding any other provision within the Municipal Code, and except as. otherwise specifically provided otherwise within this Chapter, for all cannabis business activity, the parcel to be registered must bel located within the "T" (industrial) zone as established  by Chapter 17.60 of the Municipal Çode.  6. Copy ofs State License: Promptly upon receipt of a valid and operative State license, but no later than three (3) months after successful registration of aj parcel under this section, a certified copy of such State Conditional Use Permit: A conditional use permit must be obtained. Owner's Consent: When the person who will operate any cannabis business upon any parcel is not the legal owner of the parcel, such person must obtain the notarized written consent to operate a cannabis business upon the parcel from any legal owner(s) of the parcel and must provide the original of said consent to the City Manager at the time of application for that person'si first registration of the parcel. Any withdrawal or revocation oft the owner's consent must be notarized and shall not impact an existing annual registration but shall operate toj preclude a renewal registration when actually received by the City prior to the actual issuance of the renewal registration. A copy of any withdrawal or revocation of consent must be mailed or] personally served upon the cannabis business owner at the affected parcel on or about the same day in which it is provided to the City and proof of service must be provided to the City in a form approved Compliance with State Cannabis Laws: Each cannabis business must at all times remain ini full compliance with all State statutes which are  liçense must bel lodged with the City.  7. 8.  by the City.  9.  43-48    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  )  applicable to the particular cannabis business operated: including but not  limited to: 'a. b.  State licensing requirements.  Protections for minors (e.g. see Chapter 14 of Division 10 of the Advertising and marketing restrictions (e.g. see Chapter 15 of Division 10 oft the Califomia Business and Professions Code); Maintenance of commercial cannabis activity records for seven years (e.g.see Chapter 16 ofl Division 10 of the California Unique identifiers and the expanded track-and-trace program, including electronic seed-to-sale. software tracking with data points for the different stages- of commercial activity including, but not. limited to, cultivation, harvest, processing, distribution, inventory and sale (e.g. see Chapter 6.5 ofDivision 10 of the Califoria Mandatory packaging and labeling requirements (e.g. see Chapter 12.ofDivision 10 of the California Business and Professions Quality Assurance, Inspection, and' Testing (e.g. see Chapter 11 of Division 10 of the California Business and Professions Code).  California Business and Professions Code);  d.  Business and Professions Code);  e.  Business and Professions Code);  f.  Code); and  g.  10. Records: Upon request of the City, the owner oft the cannabis business must consent, in writing, to the City's access to and usé of all State unique idèntifiers and track-and-trace program information pertaining to the cannabis business, under Chapter 6.5 of Division 10 oft the California Business and Professions Code. If the State fails toj provide immediate access to the City to such information, the City Manager or designee may, after written notice to all existing registrants and registration applicants, require that at all times during commercial cannabis business activity within the City, atl least one. legible and up-to-date hardcopy journal must be maintained on the parcel, containing all of the information required to be reported to the State by the cannabis business as well as any additional  information as may be specified by the City.  11. Security System: Each cannabis business must have installed an alarm system which is monitored offsite at all times for security. The alarm  43-49    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  system must bè utilized whenever the staff of the cannabis business are  offsite.  12. Disclosure of Violations: The owner of the cannabis business must  disclose to the City, in writing, each and all violation notices issued to the cannabis business by or on behalf of the State and/or any other local government within ten (10) business days after receipt thereof. Thereafter, the final disposition of each alleged violâtion must be reported in writing to the City within ten (10) business days after the opportunity to appeal or  otherwise legally challenge has expired.  13. Overdue City Balance: Each owner of the cannabis business, and each owner of record of the parcel tol be registered, do not have any amount which is overdue, thirty (30) or more days, to the City in unpaid fines, penalties, fees, charges, taxes, assessments and/or other payments,  including contracted payments.  14. Registration Voided Upon Violation: Any registration which becomes void for lack of compliance with any requirement of this Chapter shall remain void and ineffective from the initial moment of noncompliance and cannot be reinstated without a new registration application. Ar re- registration application from the same cannabis businéss owner may only be approved with retroactive effect, going back to the dâte when the parcel became unregistered, if all oft the following are satisfied:  a.  The re-registration application was submitted no later than ten (10) business days after receipt of formal written notice from the City All of the regular application requirements are satisfied; C., The applicant has tendered the application fee with the re- registration application, which shall be non-refundable, set by The applicant has paid ai non-refundable re-registration penalty in the full amount set by resolution of the City Council; and The applicant has paid for all costs associated with processing of the re-registration application, including City inspection fees and  ofaviolation;  b.  resolution of the City Council;  d. e.  related consultant costs incurred by the City.  15. Responsibility for Violations: No person owning, leasing, occupying or having charge or possession of any parcel within the City shall cause, allow, suffer, or permit such parcel tol be used for a cannabis business in  43-50    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  violation of any provision in this Chapter. Violation oft this provision by any person owning, leasing, occupying or having charge or possession of any registered parcel shall be grounds for revocation of registration in addition to abatement under this or any other Chapter oft the Municipal  Code.  16. The City Manager or designee shall have authority to, in writing, waive any registration fee and/or requirements otherwise needed for registration, and thereafter issue a registration when, after consultation with the City Attorney,i it appears that State or federal law might SO require.  D. Registration of Parcels Prior to Commercial Cultivation.  1.  Additional Conditions of Active Registration: In addition to the requirements of the preceding section, and for all cannabis cultivations not within the scope of Health ànd Safety Code $ 11362.1,registration of any parcel ofreal property shall also be invalid, void and inactive except during such times when all oft the following conditions are all  simultaneously satisfied:  a.  Zoning Compliance: This subsection shall apply notwithstanding any other provision within the Municipal Code. The parcel to be registered must be located within the' "T" (industrial) zone as established' by Chapter 17.60 of thel Municipal Code. Conditional Use Permit: A conditional use permit m5ust be Cultivation Requirements: When it is unattended by the registrant, the cultivation area must be locked and completely inaccessible to anyone without a unique physical and/or alphanumeric key. The cannabis plants within the cultivation area must not be detectable by unaided sight or smell from adjacent parcels or public vantage points at ground level. Each door providing access to any cultivation area must bel locked at all times when not within the view of the registrant or its staff. Minors under the age of twenty- one (21) years must not enter into any cultivation area during cultivation, harvesting, drying or processing of cannabis. d. Cultivation Buildings: All commercial cannabis cultivation sites must be located within properly constructed and permitted real property improvements which are: fully enclosed, comply with applicable State laws and building standards, 'and which comply  b. C.  approved.  with all of the following:  43-51    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  2.  ProhibitedBuildings Temporary buildings, portable modular buildings, prefabricated buildings trailers, campers and any other form of portable enclosure must not be used as commercial cannabis cultivation site under Windows: The exterior windows to all buildings or structures used as a cultivation site must eliminate visibility ofall cannabis plants from all ground Ievel exterior vantage points and must be equipped with security  any cirçumstances.  3.  bars. Windows must not be broken.  4. Doors: All frames for doors which allow entry into the building from the outside must be made of metal or solid wood reinforced with metal at the point where locks latch to them. All non-metal doors must be solid-core and equipped with either a deadbolt lock, or a properly functioning- industrial grade padlock and locking mechanism, which can only be Eléctrical: The lighting and electrical system for the cultivation area must comport with applicable building standards, including those. pertaining to cultivation sites. In order to determine whether an electrical panel requires upgrading, a licensed electrician must perform ai full electrical load calculation of the lighting and electrical system for the cultivation area and submit it to the City's building official prior to initial registration, annual renewal of registration, re-registration and any time the lighting and electrical system is modified to any degree other than thé routine replacement of bulbs and fuses. Thé use of an extension cord of any kind is] prohibited for all aspects of cannabis cultivation. Flooring: The flooring beneath each cannabis plant must not consist of carpet or other.non-water proof material which is penetrable by water and Irrigation Equipment: All water fixtures and modifications thereto must be inspected and' approved by the City. A reduced pressure backflow prevention device must bej properly installed, functioning and inspected for each water fixture used primarily for cannabis cultivation. Runoff from. irrigated cannabis plants must not be located in walkways and must not exit thel building at any time. Slippery conditions upon any walkway are - prohibited. The presence of any toxic mold in any quantity which exceeds Effluents: Discharge into the City's sanitary sewer system of any effluent containing any cannabis cultivation waste product, chemical, fertilizer or pesticide is prohibited, including discharges into household drains, commercial drains, storm drains and. other private and public drainage  unlocked with a unique key.  5.  6.  any other liquid.  7.  the naturally occurring level is prohibited.  8.  43-52    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  systems within the City. Furthermore,such discharges are also prohibited into any. community water system, municipal water system and all other Chemicals: All pestiçides, fertilizers and other treatments or chemicals used for cannabis cultivation must not be stored in a manner which allows them to be visible or otherwise detectable by unaided sight or smell from adjacent parcels or public vantage points at ground level.  public and private water systems.  9.  10. Ventilation: Each cultivation site must be equipped with a City-approved ventilation system, which may include charcoal filters, suffiçient to eliminate detection of cannabis odors from the exterior of the building containing the çultivation site. Each building must also comply with any existing, adopted or revised ordinances and all applicable State and local a stàndards pertaining to ventilation rates, exhaust termination, ventilation inlets and humidity levels. After a citation issued for excessive odor becomes final and non-appealable, and after written notice of at least fifteen (15) business days, the City may require, as a condition for maintaining registration of a parcel, the installation of additional City- approved ventilation system components and features necessary to eliminate further violations pertaining to cannabis odor.  11. Plant Size: In no event should the size of cannabis plants which are grown together increase to a degree that any oft them obstruct unrestricted ingress and egress between each doorway and window within the room where they are. located. Cannabis plants must: not be cultivated in such ai manner that the cannabis plant makes contact with any wall, door, window or building ceiling at any time and there must at all times éxist at least a one (1) foot empty space between each plant and the walls, doors, windows  and ceiling.  12. Records: Ift the State fails to provide immediate access to the City to any or all State unique identifiers and track-and-trace program information pertaining to the cannabis business, the City Manager or designee may, after written notice to all existing registrants and registration applicants, require that at all times during commercial cannabis cultivation within the City, at least one legible and up-to-date hardcopy journal must be maintained on the parcel,containing all oft the following information:  a. b. C. d. e.  Each cannabis plant' s date of acquisition; The source of such acquisition;  Height and width ini inches during each calendar month; Each cannabis plant's corresponding owner; and The date of each journal entry next to the printed and signed name of thej person making the entry into the journal.  43-53    Farmersville Zoning Ordinance 'DRAFT Chapter 43: Special Uses  Said journal must be retained for aj period of not less than five (5) years after each 13. Metered Water: Water service to the parcel must be meterèd with a device which is both capable of wireless transmission of metering data and  date listed within the journal.  approved by the City.  14. Building Standards: All waterlines, eléctrical wiring and structures used for cultivation of cannabis must comply with all applicable building codes,  laws and ordinances.  F. Registration Application and Certificate; Identification Cards.  1.  Applications: Each applicant seeking to register a parcel for a cannabis business must be the owner of the cannabis business and submit a written application on a form approved by the. City. Within twenty (20) business days after réceipt of registration application, the City Manager or designee  shall either: a. b. C. 2.  Act upon the registration application;  Provide a written notice of extension, not to exceed twenty (20) Return the registration application with written notification as to  business days; or  why the application is incomplete.  Registration Certificate: Upon approval of a registration application, the City shall issue a registration certificate which must be displayed in any public area,within the registered parcel or, if there is no area for the public, within an area common to all employees. Duplicate registration certificates will require payment of fee which shall be set by resolution of Employee Identification Card: Each cannabis business employee must at all times while on duty, or while upon a registered parcel, carry a Iaminated employer-issued identification card, which must be presented to City personnel upon request, containing all of the following:  the City Council.  3.  a. b.  The legal name or registered fictitious business name of the The telephone number of the manager of the cannabis business  cannabis business; manager;  43-54    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  C. d.  The employee's first and last name; and Acolor photograph of the employee.  G.  Regulatory Inspections of Registered Parcels and Records.  1.  Annual Inspections: Each parcel upon which'a a cannabis business operates and each parcel upon which cultivation of cannabis occurs must be inspected by the City a minimum of one (1) time each calendar year. Regulatory Parcel Inspections: Each parcel upon which a cannabis business operates and each parcel upon which cultivation of cannabis occurs shall be subject to inspection by the City during the ordinary business hours and, for each cannabis business, during any hours-when cannabis business staff are working onsite. Ift the owner or other person in charge of or inj possession of the parcel fails to consent to the regulatory inspection, the registrant shall be deemed tol have requested that the City obtain and execute a regulatory inspection warrant and a fee shall be assessed against the registrant. Said fee shall be set in accordance with a feei resolution approved by the City Council. Said inspection shall be for the purpose of ensuring compliance with the requirements of this Chapter Regulatory Records Inspections: The cannabis business récords required to be maintained under Division 10 ofthe California Business and Professions Code and the records required to be maintained under this Chapter shall be subject to inspection by the City during the ordinary business hours and, for each cannabis business, during any hours when cannabis business staff are onsite. Saidi inspection shall be for the purpose ofensuring compliance with the requirements of this Chapter'and  2.  and applicable State laws.  3.  applicable State laws.  H. Denial of Registration.  1.  Background Check: Unless otherwise prohibited by law,every person applying for the registration of a parcel under this Chapter, excluding applicants within the scope of Health and Safety Code $ 11362.1,must pay for and complete al LiveScan or comparable background check authorized by thè City and provide the results thereof to the City in connection with their application for an initial registration application. Such applicant must also verify their identity by presenting an unexpired identification card or driver's license issued by any U.S. state or the  federal government.  43-55    Farmersville Zoning Ordinânce DRAFT Chapter 43: Special Uses  2.  Grounds for Dmalkeugtioiuenion The City Manager, or her/his designee, may deny,refuse to renew, suspend or revoke. any registration obtained or sought tol be obtained under this Chapter where any one or any  combination of the following conditions are satisfied:  a.  The applicant or registrant failed to provide a fully completed  application for registration; application for registration;  b. The applicant or registrant provided inaccurate information on an  C.  The applicant or registrant failed toj pay to the City the required registrationfee and/or applicable inspection costs; the preceding twenty-four (24) months;  d. The applicant or registrant repeatedly violated this Chapter within  e.  The applicant or registrant repeatedly violated Chapter 10 of' - Division 2 of the California Business and Professions Code and now seeks registration to operate a cannabis business; The applicant or registrant, or upper management thereofif applicable, has been convicted of any felony,misdemeanor, infraction or municipal code violation, or liability in an administrative or civil action, which is substantially related to the qualifications,functions or duties any State-licensed business to be The applicant or registrant refused to allow the City to conduct a regulatory inspection of the parcel registered or inspection of records required, as required by this Chapter; The applicant or registrant failed toj pay to the City any amount which is. overdue, thirty (30) or more days, to the City in unpaid fines,P penalties, fees, charges, taxes and/or assessments. The applicant or registrant seèks registration to operate a cannabis business but no local cannabis business tax, other than a generally applicable business, sales or use tax, is in effect for the type of commercial cannabis business activity which is to occur on the  f.  carried out upon the parcel;  g.  h.  i.  parcel, as required by this Chapter.  3. Appeal: Any person aggrieved by a denial of their application for registration may appeal the decision in the same manner. as ai notice to abate under Section 17.53.160. Upon recéipt of a request for appeal, the  43-56    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  City Manager or designee may elect tol have the appeal proceed under Section 17.53.160 or another process within the Municipal Code, by  providing a copy of such process. Responsibilities of Registrants.  I.  1. For the purpose of enforcing the requirements of this Chapter, the registrant of each parcel within the City shall be fully responsible for all conduct occurring on the parcel which may violate the terms of this Chapter, including the conduct of each of the registrant'si invitees, guests, employees, agents and independent contractors working on the parcel,if  applicable.  2. Ifany violation oft the requirements of this Chapter occurs on ai registered parcel, notice of suspension, revocation or restriction may bei issued by providing written notice thereof within ori in addition to. a notice of violation and/or a notice to abate, which identifies the violation(s) supporting the decision to suspend, revoke or restrict the registration. The suspension, revocation or restriction shall become final when finding regarding the related violation(s) becomes final, unless an immediate suspension, revocation or restriction is reasonably necessary to protect against a substantial'risk of significant bodily harm, death or significant  property damage. to the State. Violations.  3. In addition, the City may report all violations committed by State licensees  J.  1. Any violation of the provisions of this Chapter by any member of the public isl hereby declared to be aj public nuisance and may be abated by The City may abate the violation of this Chapter by the prosecution ofa civil action through the City Attorney, including an action fori injunctive relief. The remedy ofi injunctive relief may take the form ofa court order, enforceable through civil contempt procedings.prohbting the maintenance of the violation oft this Chapter or requiring compliance with Each cannabis plant cultivated in violation of the applicable provisions of this Chapter shall constitute a separate and'distinct violation. Each and every day that a violation exists as to any violation within this Chapter shall constitute a separate and distinct violation.  any or all remedies available.  2.  other terms.  3. 4.  43-57    Farmersville Zoning Ordinance DRAFT-Chapter 43: Special Uses  5.  Each violation, of this Chapter may be enforced by any and all lawful remedies available under the Municipal Code and applicable state statute(s), including but not limited to civil fines and penalties, infraction citation, criminal prosecution,public nuisance abatement and civil injunction, as appropriate, and all available remedies shall be cumulative  and not preclude other available remedies.  K. Notice to Abate Cannabis Violation.  Whenever the enforcing officer determines that aj public nuisance as described in Chapter exists on any parçel within the City,he or she is authorized to notify the record owner(s) and/or occupant(s) of the parcel, through issuance of a written Notice to Abate Cannabis  Violation ("notice to abate"). Contents of Notice.  L.  The written notice required under section 17.53.130 must be in writing and must:  1. Identify the owner(s). of the parcel upon which the nuisance exists, as named in the records of the county assessor, and identify the occupant(s), ifother than the owner(s), and if] known or reasonably identifiable. Describe the location of such parcel by its commonly used street address, giving the name or number of the street, road or highway and the number, Identify such property by reference to the assessor's parcel number. Contain a statement that cannabis violation exists on the parcel and that it has been determined by the enforcing officer to be a public nuisance as Describe the cannabis violation that exists and the actions required to Contain a statement that the owner or occupant is required to abate the cannabis violation within fourteen (14) calendar days after the date of  2.  if any, of the parcel.  3. 4.  described in this Chapter.  5. 6.  abate it.  service of the required notice to abate.  7. Contain a statement that the owner or occupant may, within ten (10) calendar days after the date that said notice was served, make a request in writing to the City Clerk for a hearing with the City Manager or the City Manager's designee to appeal the determination of the enforcing officer that the conditions existing constitute a public. nuisance, or to show other  43-58    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  cause why those conditions should not be abated in accordance with the Contain a statement that, unless the owner or occupant abates the cannabis violation, or requests al hearing before the City Manager or designee, within the time prescribed in the written notice, the enforcing officèr will abate the nuisance. It shall also state that the abatement costs, including administrative costs, shall be made a special assessment added to the real property tax assessment: roll and become a lien on the parcel, or be placed Indicate that the parcel may be sold by the tax çollector after three (3)  provisions of this Chapter.  8.  on the unsecured tax roll.  9.  years of unpaid delinquent assessments.  M. Service of] Notice.  1. The notice to abate shall be served by delivering it personally to any adult occupant oft the parcel and, pursuant to Government Code $ 38773.5(c), shall also be served by certified United States mail address to each owner oft the parcel, together with a Certificate of] Mailing, to the address of each owner of the parcel as shown on' the last equalized assessment roll, except a.. Ift the records oft the county assessor show that the ownership has changèd since the last equalized assessment roll was completed, the written notice shall also bé mailed to each new owner at his or In the event that, after reasonable effort, the enforcing officer is unable to serve the written notice as required by this section, service shall be. accomplished by posting a copy-oft the written notice on the parcel upon which the nuisance exists as follows: Copies oft the written notice shall be posted along the frontage oft the subject property and at each entryway or such other locations on the property reasonably likely toj provide notice to the owner and occupant. In no event shall fewer than two (2) çopies of the written notice be posted  that:  her address as it appears in said records; or  b.  2.  3.  on aj property pursuant to this section.,  4. The service of the written notice is deemed complete as of the date of deposit in the U.S. mail,personal delivery, or posting, as applicable.  43-59    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  5.  Upon completion of service oft the notice to abate, said notice may be recorded in the Office oft the County Recorder pursuant to Government  Code 8 38773.5(e). Administrative Review.  N. 1.  Any person upon whom a notice to abate has been served may appeal the determination of the enforcing officer, that the conditions set forth in such notice constitute a violation and/or public nuisance, to the City Manager or designee, or may show cause before the City Manager or designee why those conditions should not be abated in accordance with the provisions of An administrative rèview must be commenced by filing a written request for a hearing with the City Clerk within ten (10) calendar days after,the date when the relevant notice was served upon them. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing the written request for administrative review shall be deemed jurisdictional and: may not be waived. In the absence ofa timely filed written request which complies fully with the requirements of this section, the findings of the enforcing officer contained in the relevant notice shall become final and conclusive on the eleventh (1lth) day Upon timely receipt of a written request for hearing which complies with the requirements of this section, the City Clerk shall set al hearing date not less than seven (7) days nor more than thirty (30) days from the date the request was filed, unless the City and the person requesting the hearing agree otherwise in writing. The City Clerk shall send written notice of the hearing date to the requesting party, to any other parties upon whom the City served, and to the enforcing officer: Pursuant to Government Code $ 38773.5(c), said notice of the. hearing date shall be sent by certified mail to Any hearing conducted pursuant to this Chapter need not be conducted according to technical rules relating to evidençe, witnesses and hearsay. Any relevant evidence shall be admitted ifiti is the sort of evidence on which responsible persons are accustomed to rely upon in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The City Manager or designee has discretion to exclude eviderice ifi its probative value. is substantially outweighed by the probability that its' admission will necessitate undue consumption of time.  this Chapter.  2.  following service oft the relevant notice.  3.  the: record owners of the parcel.  4.  43-60    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  5. 6.  The City Manager or designee may continue the administrative hearing The City Manager or designee shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the notice identifying the disputed violations. The City Manager or designèe shall issue a written decision in thè form of a resolution, which shall include findings relating to the existence or nonexistence of the alleged cannabis violation, as well as findings concerning the propriety and means of abatement of the conditions set forth in the notice to abate. Such decision shall be mailed to, or personally served upon, the party requesting the hearing, any other parties upon whom the notice to abate was served, and the enforcing officer except that pursuant to Government Code $ 38773.5(c), said notice shall be sent by certified mail to the record owners The decision of the City Manager or designee shall be final and  from time to time.  of the parcel. conclusive.  7. 8.  Afteri issuance of the decision of the City Manager or designee, ,ifa notice to abate was recorded against any property that, under the decision oft the City Manager or designee, shall not secure any special assessment under this Chapter, the City Clerk shall çause a Notice ofWithdrawal to be recorded in the Office of the County Recorder pursuant to Government Code 8 38773.5(e). Said. Notice ofWithdrawal need not be acknowledged but must have attached a certified copy of the City Manager or designee resolution authorizing the recordation of the Notice of Withdrawal, and shall specifically reference the official recorded document number listed  on the notice to abate to be withdrawn. Liability. for Costs and Expenses.  O.  1. In any enforcement action brought pursuant to this Chapter, whether by administrative procedings,judicial proceedings, or summary abatement, each person who causes or permits to exist, or who maintains any cannabis violation shall be liable for all costs incuired by the City,including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this Chapter, whether those costs are incurred prior to, during, or following enactment  oft this Chapter.  2: In any action by the enforcing officer to abate cannabis violation under this Chapter, whether by administrative procedings.judicial proceedings, or summary abatement, the prevailing party shall be entitled to a recovery  43-61    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  oft the reasonable. attorneys' fees incurred. In no action, administrative proceeding or special proçeeding shall an award of attorneys' fees to a prevailing party exceed the amount, of reasonable attorneys' fees actually incurred by the City in such action or proceeding. Pursuant to Government Code $3877350,rcovery of attorneys' fees under this subsection shall be limited to those actions or proceedings in which the City elects, in the notice to abate, to seek recovery of its own attorneys' fees.  P.  Abatement by Owner or Occupant.  Any owner- or occupant may abate an cannabis violation on parcel of real property owned, occupied or controlled by them or cause such cannabis violation to be abated at any time prior to commencement of abatement by, or at the direction of,  the'enforcing officer. Q.'Enforcement. 1.  Whenever the enforcing officer becomes aware that an owner or occupant has failed to abate any cannabis violation within fourteen (14) days of the date of service of the notice to abate, or if an such notice was appealed, as of the date set by the City Manager or designee requiring such abatement, if any, the enforcing officer may take one or more of the following  actions: a.  Enter upon the parcel and abate the nuisance with City personnel, or by private contractor under the direction of the enforcing officer. The enforcing officer may apply- to a court of competent jurisdiction for an abatement warrant àuthorizing entry upon the property for the purpose of undertaking the abatement work. If any part of the work is to be accomplished by a private contractor(s), a written estimate of the work shall be provided to. the owners and occupants of the parcel. Nothing herein shall be construed to require that any contract be awarded under this Chapter through competitive bidding procedures whenever such procedures are not required by the general laws of the State of California or this Code; Request that the City Attorney. commence a civil action to redress,  or b.  enjoin and/or abate the public nuisancé.  R. Accounting.  The enforcing officer shall keep a written accounting of the cost of every abatemenit carried out and shall render ai report in writing, itemized by parcel, to  43-62    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  the City Manager or designee showing the cost of abatement and the Notice of Hearing on Accounting; Waiver by Payment.  administrative costs for each parcel.  S.  Upon receipt oft the accounting report of the enforcing officer, the City Clerk shall send a copy of each: report by certified mail addressed to each corresponding property owner and include therewith a notice informing each owner that at the date and time specified, which shall not be less than five (5) business days after the date of mailing of the notice, the City Manager or designee will meet to review the accounting report and that each owner may appear at said time and be heard. The owner: may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the City Clerk prior to the time set for thel hearing" by the City Manager or designee. Unless otherwise expressly stated by the owner, payment of àny costs of abatement and any costs of administration prior to said hearing shall be deemed a full waiver of the right to said hearing and ac conclusive admission that said accounting is accurate and reasonable.  T. Hearing on Accounting.  1. At the time fixed, the City Managèr or designee shall meet to review the report of the enforcing officer. An owner may appear at said time and be heard on the question of whether the accounting, sO far as it pertains to the cost of abating ai nuisance upon the land of the owner, is accurate and the amounts reported. are reasonable. The cost of administration shall also be  reviewed.  2. The report of the enforcing officer shall be admitted into evidence. The owner(s) shall bear thel burden of proving by clear and convincing evidence that the accounting is not accurate and reasonable.  T.  Modifications.  The City Manager or designee shall make such: modifications int the accounting as it deems necessary and thereafter shall confirm the report by resolution.  U. Special Assessment and Lien.  Aftert the hearing on the accounting under section 17.53.220, the City Manager or designee may order that the cost of abatement of any nuisance pursuant to this Chapter and the administrative costs as çonfirmed by the City Manager or designee be recorded as aspecial assessment against the respective parcels of land and placed upon the secured County tax roll, or placed on the unsecured roll, pursuant to section 38773.5 of the Government Code. However, the cost of abatement and the cost of administration as finally determined by the City Manager or designee shall not be placed on any tax roll if  43-63    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  paid in full prior to entry of said costs on the tax roll. The City Manager or designee may also authorize or require that a Notice of Abatement Lien be recorded against the respective parcels ofreal property pursuant to section 38773.5(e) of the Government  Code.  V. Enforcement by Civil Action.  As an alternative to the procedures set forth in sections 17.53.130 through 17.53.160, the City may abate thev violation oft this Chapter by the prosecution of a civil action through the City Attorney,i including an action fori injunctive relief. The remedy ofi injunctive relief may také the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation oft this Chapter or requiring compliance with  other terms. W.  Summary Abatement.  Notwithstanding any other provision ofthis Chapter, when any cannabis violation constitutes an: immediate threat toj public health, security or safety, and when the procedures set forth in sections 17.53.130 through 17.53.160 would not result in abatement of that nuisance within a short enough time period to avoid that threat, the enforcing officer may direct any officer or employee of the City to summarily abate the nuisance. The enforcing officer shall make reasonable efforts to notify the persons identified in section 17.53.150, but the formal notice and hearing procedures set forth in this Chapter shall not apply. Pursuant to Government Code $ 38773, the City may nevertheless recover its costs for abating that nuisance in the manner set forth in sections  17.53.200 through 17.53.240.  X.  No Duty tol Enforce.  Nothing in this Chapter shall be construed as imposing on the enforcing officer or the City any duty to: issue a notice to. abate, nor to abate any cannabis violation, nor to take any other action with regard to any cannabis violation, and neithier the enforcing officer nor the City shall bel held liable for failure to issue an order to abate any cannabis violation, nor for failure to abate any cannabis violation, nor for failure to take any other  action with regard to any cannabis violation.  Y.  Definitions.  All definitions set forth within Califormia-Health and Safety Code $ 11362.7,C California Business and Professions Code $ 26001 and California Revenue and' Taxation Çode $ 34010, as amended from time to time, and as interpreted by judicial opinions from time to time, shall apply under this Chapter-in addition to the definitions set forth within subsection (b) below. In the event of an actual conflict between the definitions within the aforementioned statutes and those contained within subsection (b) below, the definition  within subjection-(b): shall prevail.  43-64    Farmersville Zoning Ordinance DRAFT Chapter 43: Special Uses  1. 2.  "City" refers to the City ofF Farmersville.  "Enforcing officer" means the Chief of] Police or the Code Enforcement Officer, or the authorized deputies or designees of either, each of whom is "Legal pàrce!" and "parce!" méan any parcel of real property which may be separately sold in compliance with the Subdivision Map Act [Division 2(commencing with section 66410) ofTitle 7 of the Government Code]. The terms "cannabis" and "marijuana" shall have the same meaning within this ordinance. Furthermore, except where otherwise distinguished, the term "cannabis" shall include and refer to both medicinal cannabis and "Mature cannabis plant" and "immature cannabis plant" shall have the same meaning as those terms are used in Califomia Health and Safety "Medical cannabis" shall have the same meaning as medicinal cannabis in Califoria Business and Professions Code $ 26001. "Municipal Code" refers to the Farmersville Municipal Code. "Cannabis business" shall mean any "cannabis business activity" as defined California Business and Professions Code $ 26001(k),or successor statute, but shall not include any business whose only relationship to cannabis is the production or sale of accessories for individual consumption and/or use of cannabis or cannabis products.  independently authorized to enforce this Chapter.  3.  4.  non-medicinal cannabis.  5.  Code $ 11362.77.  6. 7. 8.  9.  The term' "State" refers to the State of Califomia.  43-65    CHAPTER 43  Landscaping, Irrigation and Grading  Sections  17.45.010 Purpose. 17.45.020 Gèneral provisions. 17.45.030 Specific provisions.  :  17.45.040 Landscape Plans and Submittal for Landscape Designs Not Subject to  the Model Water Efficient Landscape Ordinance.  17.45.050  Certificate of occupancy.  17.45.060 Maintenance of landscaping. 17,45.070 Water Efficient Landscape Standards 17.45.080 Water Efficient Landscape Ordinance: Applicability  17.45.090 Water Efficient Landscape Ordinance: Landscaping.Irigation and 17.45.100 Water Efficient Landscape Ordinance: Water Efficient Landscape 17.45.110 Water Efficient Landscape Ordinance: Soil Management Report 17.45.120 Water Efficient Landscape Ordinanice: Landscape Designi Plan 17.45.130 Water Efficient Landscape Ordinanice: Irrigation Design Plan 17.45.160 Water Efficient Landscape Ordinance: Irrigation Scheduling 17.45.170 7 Water Efficient Landscape Ordinance: Irrigation Maintenance,  Grading Plan Worksheet  17.45.140 17.45.150  Water Efficient Landscape Ordinance: Grading Design Plan Water Efficient Landscape Ordinance: Certificate of Completion  Audit and Analysis  17.45.180 Definitions  45-1    Farmersville Zoning Ordinance Chapter 45: Landscaping  17.45.010 Purpose.  Toj provide reasonable requirements and standards for landscaping along public rights-of- way and within parking lots. The provisions of this chapter are intended to accomplish  the following: a.  To promote an attractive visual environment. b. Toj promote a transition between land uses.  C.  Toe encourage visual harmony between the landscape and the development.  d. Tocoriserve water.  e. f.  To reduce energy consumption in buildings by proper plant selection and placement and to decrease high summer temperature by blocking heat'and glare.  To screen offensive or unattractive areas from public view.  g. Toenforce provisions of the State of California's. Model Water Efficient  Landscape ordinance. 17.45.020 General provisions.  a.  These regulations apply to all new construction involving commercial, industrial, public, institutional and multiple family residential development. Landscape areas containing over 2,500 square feet must comply with the provisions of the Model Water Efficient Landscape standards (see Section 25-43.7). Projects shall also incorporate recommendations from the Design Guidelines in each particular These regulations apply to additions to applicable structures which exceed forty percent of the gross floor area or one thousand square feet, whichever is less. All additions constructed after the date of adoption of this ordinance, will accumulate These regulations shall apply when a previously unpaved parking area is paved. Vegétative matter shall cover seventy-five percent of the required landscaped area. Exceptions to this requirement, in unusual situations, may be approved by  zone district, as applicable.  b.  to determine eligibility under this requirement.  C. d.  the zoning administrator on a case by case basis.  45-2    Farmersville Zoning Ordinance Chapter 45: Landscaping  e.  All planters located adjacent to driveways, loading areas, parking lots and sidewalks shall be protected along the parking lot side with curbs or wheel stops. Planters containing trees shall be not less than four feet by four feet (inside dimension). All other planters shall be not less than two feet (inside dimension) Existing trees shall be evaluated as to their suitability for retention. Existing trees shall be protected by planters with ai minimum radius of the drip line oft the tree or fifty percent of drip line plus modifications to paved area allowing for aeration and water penetration. Alternative treatments will be All landscaped areas shall be provided with. an "in the ground" or drip irrigation A fence or wall when used for required screening shall be seventy-five percent When wood,masonry, or metal are used for fencing or screening, plants are Trash enclosures shall be screened and designed as approved by the city. m. One tree shall be planted at least every thirty-five feet along aj public right-of-way. The maximum spacing between trees shall be equal to the mature spread of the trees selected. Special consideration may be given to variety and spàcing oft trees Trees shall be equivalent to 15. gallon can size or larger when planted. Shrubs. shall be equivalent to one gallon can size or larger when planted. All open industrial storage areas shall be screened from all public rights-of-way and adjacent commercial or residential properties to a height of six feet. Screening may be modified or waived for security reasons with the concurrence of the Landscape designs which do not meet the specific regulations of this chapter may be approved by the zoning administrator ifi in his opinion the design meets the intent and purpose of this chapter as set forth in Section 25-43.1.  Alternative treatments may-be considered.  f.  in width.  g. h.  considered. system. opaque.  i. j. k. 1.  required every five feet along the barrier.  as they relate toj proposed signing of the property.  n. 0. p.  planning director and the police chief.  q.  45-3    Farmersville Zoning Ordinance Chapter 45: Landscaping  r. S. t.  Landscaping materials shall be contained sO as not to spill into the public right-of-  way.  Landscaping shall be installed as approved by the city.  Landscaping shall be maintained in a healthy and attractive condition.  17.45.030 Specific provisions. Sight Distance. 1.  a.  No foliage or structural features shall extend into the cross-visibility area between three and one-half feet and seven feet above the surface of the  public sidewalk.  b.  Cross visibility: 1.  Intersection of Driveways and Public Rights-of-Way. A triangle having one side ten feet long and running along the driveway and one side twenty feet long and running along the public right-of-way, said length beginning at their intersection and the third side formed by a line connecting the two Intersection of Two Public Rights-of-Ways. A triangle having two sides "x" feet long and running along each public right-of-way, said length beginning at their intersection and the third side formed by a line  ends. PROVIDE AN ILLUSTRATION  2.  connecting the two ends.  (a). R and UR zones: X equals twenty feet. (b). C-2 zone: No requirement.  (c). C-1,C-3,G zones: X equals twenty feet. (e). M zones: X equals twenty feet.  3.  Off-Street Parking Areas. Landscaping shall be provided in all off-street parking areas, consistent with the standards in Chapter 25-45 (Parking and  Loading)  45-4    Farmersville Zoning Ordinance Chapter 45: Landscaping  17.45.040 Lândscape Plans and Submittal for Landscape Designs Not Subject to  thel Model Water Efficient Landscape Ordinance. Plan. Except where required by the Model Water Efficient Landscape Ordinance, three sets ofl landscape plans at an appropriate scale shall be submitted  a.  showing:  1. Property lines and public utility easements;  2. 3. 4.  Dimensions;  Structures, algs.paa,.mstoe, etc.; Irrigation system and estimated water usage per month;  5. Trash enclosures;  6.  Existing natural features, including trees to be retained and' buildings on  adjoining parcels; Grading plan,including: 1. Finished planter elevations,  b.  2. Grade differentials with adjoining properties,  3. Retaining walls,ifany, 4. Location of on-site trench drains,  5. C.  Percentage of grade of any mounds;  Plant list, including:  1. Botanical and common names,  2. 3. 4.  Identification tags for each different species,  Quantities of each species, Container sizes,  5. Mature spread and height of trees and shrubs,  45-5    Farmersville Zoning Ordinance Chapter 45: Landscaping  6. Rate of growth (fast, moderate, slow);  7. Shade coverage and interior landscaping coverage calculations. Approval. - Landscape plans must be approved by the planning director prior to issuance of al building permit and work completed prior to occupancy.  d.  17.45.050 Certificate of occupancy.  No certificate of occupancy shall be issued for any project for which landscaping is required pursuant to Section 25-43.2, or as required by the planning commission, until all landscaping and improvements shown on the approved plans have been completed. The building official may issue a temporary certificate of occupancy, where completion of the landscaping work is delayed because of adverse weather or the season of the year, upon execution of an agreement with the city and providing a cash deposit or letter of credit in an amount equal to the cost of completing the work. If landscaping differs from that shown on the approved plans, as built plans shall be submitted and approved prior to  occupancy. 17.45.060  Maintenance of landscaping.  All required landscaping and structural features, whether in éxistence on the effective date of this title or installed after said date, shall be maintained in a healthy and attractive condition. Maintenance shall include but is not limited to watering, fertilizing, weeding, cleaning,pruning, trimming, spraying and cultivating. For purposes of enforcement, the occupant of the property, whether he be the owner, lessor ortenant, shall be responsible for such maintenance. In the case of a vacant building the owner shall be responsible for such maintenance. Replacement of dead, dying or damaged plants, shrubs and trees shall bei in conformance with the original approved landscape plan. Prior to the reoccupancy of abuilding with existing landscaping all portions of damaged or defective irrigation systems, dead, dying or damaged turf, plants, shrubs and trees shall be replaced. Any significant alteration of an approved installed landscaping installation (such as the rémoval of mature trees) shall be approved by the Planning Director. Removal of mature trees may only be approved if the tree is dead, in danger of çausing bodily harm (by  falling or dropping limbs) or damaging property.  17.45.070  Water Efficient Landscape Standards  The purpose of this section is to provide for local landscaping, irrigation and grading regulations that are consistent with the State of California's Model Water Efficient  Landscape Ordinance.  45-6    Farmersville Zoning Ordinance Chapter 45: Landscaping  17.45.080 Water Efficient Landscape Ordinance: Applicability  This section shall apply to landscape projects that involve new construction for public agency projects and private development projects with a landscaped area equal to or greater than 2,500 square feet and which requirea building or landscape permit, plan  check or design review. 17.45.090  Water Efficient Landscape Ordinance: Landscaping, Irrigation and  Grading Plan  The landscaping, irrigation and grading plan shall contain the following elements:  a.  Project Information 1. Date 2. 3. 4. 5. 6. 7. 8.  Project Applicant Project. Address Total landscaped area Project type Water supply type Project Contacts  Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance  b.  Water Efficient Landscape Worksheet. Hydozone information table. Water budget calculations.  1. 2.  C. d. e. f. g. h.  Maximum applied water allowance (MAWA) Estimated total water use (ETWU) Soil management report Landscape design plan Irrigation design plan Grading design-plan.  45-7    Farmersville Zoning Ordinance Chapter 45: Landscaping  17.45.100 Water Efficient Landscape Ordinance: Water Efficient Landscape A project applicant shall complete the Water Efficient Landscape Worksheet which  Worksheet  contains two sections:  a.  Al hydrozone information table for al landscape project (see State of California's  Model Landscaping Ordinance).  b. A water budget calculation for the landscaped project (see State of California's Model Landscaping Ordinance). The water budget calculations shall adhere to the 1. The plant factor shall use the following ranges: 0 to .3 for low water use plants; from 41 to .61 for moderate water use plants; and from 7to1.01 for  following:  high water use plants.  2. All water features shall be include in the high water use hydrozone and temporary irrigated areas shall be included in the low water use  hydrozone.  C.  The maximum applied water allowance shall be calculated using the following  equation:  MAWA-(To/C27ALA)+(SXSLA). where: MAWA: =maximum applied water allowance, ETo-Bvporampiation in inches per year; LA= landscaped area; and SLA: =S special landscaped area.  17.45.110 Water Efficient Landscape Ordinance: Soil Management Report In order to reduce runoff and encourage healthy plant growth, a soil management report  shall be completed by the project applicant as follows:  a.  Soil samples shall be submitted to a laboratory for analysis and recommendations. 1. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended The soil analysis may include soil texture, infiltration rate, pH, total soluble salts, sodium, percent organic matter and recommendations.  plants.  2.  45-8    Farmersville Zoning Ordinance Chapter 45: Landscaping  b.  The applicant shall comply with the following:  1. If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Certificate of Completion. The soils analysis report shall be made available to the professional preparing the landscape design plans and irrigation design plans to make  2.  any necessary adjustments to the design plans.  17.45.120 Water Efficient Landscape Ordinance: Landscape Design Plan For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. Alandscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.  a.  Al landscape design plan shall contain the following:  1. Delineate and label each hydrozone by number, letter, or other method. 2. Identify each! hydrozone as low, moderate, high water, or mixed use water. Temporarily irrigated areas of the landscape shall be included in the low  water use hydrozone for the water budget calculation.  3. 4.  Identify recreation areas.  Identify areas permanently and solely dedicated to edible plants.  5. Identify areas irrigated with recycled water. 6. Identify type of mulch and application depth. 7. Identify soil amendments, type and quantity.  8.  Identify type and surface area for water features. 9. Identify hardscapes, pervious and impervious.  10. Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encourage in the landscape design plan and examples include, but are not limited to: (a) Infiltration beds, swales, and basins that allow water to collect and  soak into the ground.  45-9    Farmersville Zoning Ordinance Chapter 45: Landscaping  (b) Constructed wetlands and retention ponds that retain water, handle  excess flow, and filter pollutants.  (c) Pervious or porous surfaces that minimize runoff. 11. Identify any applicable rain harvesting or catchment technologies. 12. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design ai landscape. Any plant may be selected for the landscape, providing the Estimated Total Water Use (ETWU) in the landscaped area does not exceed the Maximum Applied Water. Allowance ((MAWA). Toencourage the efficient use of water, the 1. Protection and preservation of native species and natural vegetation.  b.  following is highly recomménded:  2. 3. 4. 5.  Selection of water-conserving plânt and turf species. Selection of plants based on disease and pest resistance.  Selection oft trees based on applicable local tree ordinances or tree shading Selection of plants from local and regional landscape program plant lists.  guidelines.  C. d.  Each hydozone shall have plant materials with similar water use.  Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:  1.  Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of Recognize thel horticultural attributes of plants to minimize damage to Çonsider the solar orientation for plant placement to maximize summer  continental and marine influence on local climate.  2.. 3.  property ori infrastructure. shade and winter solar gain.  e.  Turfi is not allowed on slopes greater than 15 percent where the toe of the slopei is  adjacent to an impermeable hardscape.  45-10    Farmersville Zoning Ordinance Chapter 45: Landscaping  f. g. h. i. j.  The use ofi invasive and/or noxious plant species is strongly discouraged. Recirculating water systems shall be used for water features.  Where available, recycled water shall be used as a source for decorative water  features.  Pool and spa covers are highly recommended.  A minimum of two inches of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas,creeping or rooting groundcovers, or direct  seeding applications.  k. 1.  Stabilizing mulching products shall be used on slopes. report and what is appropriate for the plants selected.  Soil amendments shall be incorporated according to recommendations of the soil  17.45.130 Water Efficient Landscape Ordinance: Irrigation Design Plan For the efficient use of water, an irrigation system shall meet all the requirements listed in this section. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following criteria shall be submitted as part of the Landscape  Documentation Package.  a.- The irrigation design plan shall contain:  1. 2.  Location and size of separate water meters for landscape.  Location, type and size of components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick çouplers, pressure regulators, and Static water pressure at the point of connection to the public water supply. Flow rate, application rate, and design operating pressure for each station. designer, Licensed Iandscape contractor or any other person authorized to  backflow prevention devices.  3. 4.  5. The signature of a licensed landscape architect, certified irrigation  design an irrigation system.  b.  Dedicated landscape water meters are highly recommended on landscape areas smaller than 5,000 square feet to facilitate water management.  45-11    Farmersville Zoning Ordinance Chapter 45: Landscaping  C. d.  Automatic irrigation controllers utilizing either evaportranspiration or soil moisture sensor data shall bei required for irrigation in all irrigation systems. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer'sr recommended pressure range 1. Ift the static pressure is above or below the required dynamic pressure of thei irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the  for optimal performance.  required dynamic pressure of the irrigation system.  2. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured àt the point of connection. These pressure and flow measurements shall be conducted at the design stage. Ift the measurements are: not available at the design stage, the measurements shall be conducted ati installation.  e.  Sensors, either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems as appropriate for local climatic conditions. Irrigation should be. avoided during Manual shut-off valves shall be required as close as possible to the point of connection of the water supply to minimize water loss in case of an emergency or Backflow prevention devices shall be required to protect the water supply from High flow sensors that detect and report high flow conditions created by system Check valves or auto-drain valves are required for all irrigation systems. Each valve shall irrigate al hydrozone with similar site, slope, sun exposure, soil Where feasible, trees shall be placed on separate valves from shrubs,  windy,rainy, or freezing weather.  f.  routine repair.  g. h. i. j. k.  contamination by the irrigation system. damage or malfunction are: recommended.  conditions; and plant materials with similar water use.  groundcovers and turf.  45-12    Farmersville Zoning Ordinance Chapter 45: Landscaping  17.45.140 Water Efficient Landscape Ordinance: Grading Design Plan For the efficient use of water, a grading plan for a project site shall be designed to minimize soil erosion, runoff and water waste. A grading plan shall be submitted as part oft thel Landscape Documentation Package. A comprehensive grading plan shall be  prepared by a civil engineer.  a.  The grading design plan shall include the following:  1. 2.  Height of graded slopes Drainage patters 3. Pad elevations  4. 5.  Finished grade  Stormwater retention impovemem,.fappiahe.  b. Toj prevent excessive erosion and runoff,i it is highly recommended that the project applicants grade sO that all irrigation and normal rainfall remains within the property lines and does not drain onto impervious hardscapes, avoid disruption of natural drainage patterns and undisturbed soils, and avoid soil  compaction in landscaped areas.  17.45.150 Water Efficient Landscape Ordinançe: Certificate of Completion The Certificate of Completion shall include the following elements.  a.  1. 2. 3. 4. 5. 6.  Date Project name  Applicant name, telephone and mailing address  Project address and location  Property owner name, telephone, and mailing address  Certification by. either the signer of the landscape design plan, signer of the irrigation plan or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation  Package.  45-13    Farmersville Zoning Ordinance Chapter 45: Landscaping  b. The project applicant shall submit the signed Certificate of Completion to the City Planner for review. The Planning Director shall approve or deny the Certificate ofC Completion. The applicant may appeal the Planning Director's decision  consistent with Chapter 25-6( (Appeals).  17.45.160 Water Efficient Landscape Ordinance: Irrigation Scheduling For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health.  Irrigation schedules shall meet the following criteria.  a. b. C.  Irrigation shall be regulated by automatic controllers.  Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions such as rain or freezing temperatures prevent it. Forir implementation of the irrigation schedule, particular attention must be paid to irrigation run times, flow rate, and current reference evapotranspiration sO that" applied water meets the Estimated Total Water Use (ETWU). 'Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data or soil moisture sensor data. Parameters used to set the automatic controller shall be developed and submitted  d.  for each of the following:  1. The plant establishment period. 2. The established landscape.  3. apply: 1. 2. 3. 4. 5.  Temporary irrigated areas.  e.  Each irrigation schedule shall consider for each station all of the following that  Irrigation intervals, days between irrigation  Irrigation run times, hours or minutes per irrigation event Number of cycle starts required for each. irrigation event Amount of water to be applied on a monthly basis  Application rate setting 6. Root depth setting  45-14    Farmersville Zoning Ordinance Chapter 45: Landscaping  7. Plant type setting Soil type Slope factor setting 10. Shade factor setting.  8. 9.  17.45.170 a. b. C.  Water Efficient Landscape Ordinance: Irrigation Maintenance,  Audit and Analysis  Landscapes shall be maintained to ensure water use efficiency. Aregular maintenance schedule shall be submitted with the Certificate of Completion. All landscape irrigation audits shall be conducted by a certified! landscape All landscape irrigation audits shall be conducted by a certified landscape  irrigation auditor. irrigation audit.  17.45.180  Definitions  a. Anti-Drain Valve (Check Valve)" shall mean a valve located under a sprinkler head tol hold water in the system soi it minimizes drainage from the low elevation b. "Automatic Controller" shall mean a mechanical or solid timer, capable of operating valve stations to set the days and length of time of a water application "Backflow Prevention Device" shall mean a safety device used toj prevent pollution or contamination of the water supply due to the reverse: flow of water d. "Landscaping" shall mean the addition ofl lawns, trees, plants, and other natural "Rain Sensing Device" shall mean a system- which automatically shuts off an  sprinkler heads.  for irrigation.  from an irrigation system. and decorative features to land.  irrigation system during periods of rain.  45-15    CHAPTER 45  Auto and Bicycle Parking and  Loading  Sections  17.47.010 Purpose 17.47.020 General Requirements  17.47.030 Number of Parking Spaces Required by Use 17.47.040 Parking Lot Design Standards and Location Criteria  17.47.010 Purpose  The purpose of this chapter is toj provide parking, bicycle and loading regulations for new and expanded development and land uses in Farmersville. This chapter will also serve to: 1. Provide accessible, attractive, secure, and well-maintained parking (auto and 2. Provide parking and loading facilities that are designed to reduce traffic 3. Minimize the impact of new development on parking and loading facilities on 4: Ensure the maneuyerability of emergency vehicles inj parking facilities and provide for loading and delivery services inj proportion to the needs generated by the proposed land use which are clearly compatible with adjacent parcels and the  bicycle) and off-street loading facilities;  congestion;  surrounding properties;  surrounding neighborhood.  47-1    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  17.47.020 General Requirements  a.  No building shall be constructed, or use established unless off-street auto and bicycle parking and loading spaces are provided in accordance with the provisions When an existing use or building is enlarged and requires additional parking and loading under the provisions of this chapter, said improvements shall be provided on the subject site or. the developer shall provide an in lieu parking fee consistent For every ten. auto parking' spaces provided fof commercial and industrial uses the Foruses not listed in this chapter, the Planning Director shall determine a parking and loading standard for the use. based on the operational, size and locational characteristics of the use and the standards that similar cities apply to said use. Fractional space requirements shall be rounded up when the fractional number is 0.5 or more and shall be rounded down when the fractional number is less than In any residential district, all inoperable motor vehicles shall be stored in a  of this chapter unless otherwise exempted by this chapter.  b.  with the provisions in this chapter.  C. C.  project shall provide one bicycle parking space.  d.  0.5.  e.  garage, carport or outside of thé front yard setback area.  47-2    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  17.47.030 Number of] Parking Spaces Required  The: minimum number of parking spaces (or stalls) required for new uses or buildings or the expansion of existing buildings or uses are detailed below, except that the numbér of on-site parking spaces required for uses in the "CD" (Downtown Commercial) may be reduced by up to 50% of the parking requirement: for the particular use, as shown in this  chapter.  1.  Residential Uses  Number a, b. C. d. e. f. g. h. 'i. j. k. I. m.  Use  Number of Spaces Required 2covered parking spaces. Spaçes shall be situated side by side (tandem parking  Single Family Residence Accessory Dwelling Unit Junior Accessory Dwelling Unit Multi-family units Emergency Shelter Group carè housing Transitional housing Single Room Occupancy (SRO) units: Labor camps: Nursing homes: Convalescent home: Family and group day care homes: Senior housing:  isn not permitted) One space Noi requirement per five units One space per 101 beds parking is permitted employee employee one stall per. living unit one stall for every three beds one stall per three beds one stall for every three beds one covered stall per unit  1.5 spaces per unit plus one guest space  two stalls for every two clients; tandem one stall per bedroom plus one stall per one stall per bedroom plus one stall per  47-3    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  1.  Residential Uses  Number n. 0. p.  Use  Number of Spaces Required two covered stall per unit; tandem parking permitted,plus. one guest space per five mobile homes one stall per trailer pad one stall per room  Mobile home parks: Trailer parks: Motels and hotels:  2.Offices  Number a.  Use  Number of Spaces Required one stall per 250 sq. ft. of building area, plus one bicycle space per ten vehicle one stall per 250 sq.ft. of building area, plus one bicycle space per ten vehicle  Medical and dental offices: Professional offices, including insurance, specialized consultants, law,t trayel,real estate, accountants, financial spaces. advisors and architècts:  spaces.  b.  47-4    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  3.Personal Services  Number a. b. C. d.  Use  Number of Spaces Required plus one bicycle space per ten vehicle one stall for every three machines, plus one bicycle space per ten vehicle spaces space per ten vehicle spaces. one. stall for every 50 sq. ft. oft building  Banks, savings and loan, check one stall per 200 sq. ft. of building area,  cashing, credit unions, and similar offices: Self-service laundry: massage therapists, hair stylists, tattoo/piercing shops: Funeral home, mortuaries:  spaces:  Barber/beauty shops, day spas, two stalls per station, plus one bicycle  area  4.General Commercial Uses  Number  Use  Number of Spaces Required one stall per 350 sq.ft. of building area,  Retail stores including clothing, shoes;stationary, gift shops, book stores and beauty supplies: Convenience stores: Furniture, hardware and appliance stores: Grocery stores:  a.  sporting goods, kitchen wares, plus one bicycle space per ten vehicle  spaces.  one stall per 200 sq. ft. of building area, plus one bicycle space per ten vehicle one stall per 600 sq. ft. of building area,' plus one bicycle space per ten vehicle one- stall per 300 sq. ft. of building area, plus one bicycle space per ten vehicle  b. C. d.  spaces. spaces. spaces.  47-5    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  4.General Commercial Uses  Number e. f.  Use  Number of Spaces Required one stall per 350 sq. ft. of building area, plus one bicycle space per ten vehicle one stall per 500 sq. ft. ofb building area, plus one bicycle space per ten vehiçle  Antique and second-hand Auto parts stores:  shops:  spaces. spaces.  5.Eating and Drinking Establishments  Number a. b. C. d. e. f  Use  Number of Spaces Required area, plus one bicycle space per ten one stall per four seats, plus one bicycle space per ten vehicle spaces. one stall per 100 sq. ft.ofbuilding area, plus one bicycle space per ten vehicle one stall per 100 square feet of building area, plus one bicycle space per ten one stall per 100 square feet of building area, plus one bicycle space per ten One stall per three seats, plus one bicycle space per ten vehicle spaces.  Coffee and tea establishments, one stall per 100 square feet of building  candy shops and bakeries: Restaurants (other than fast Fast food restaurants Donut shops Sandwich shops and delicatessens Sports bars  vehicle spaces.  food):  spaces.  vehicle spaces. vehicle spaces.  47-6    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  6. Automotive Uses  Number a. b. C. 'd.'  Use  Number of Spaces Required  Tire, brake, radiator," and auto one stall per 200 square feet of building  repair shops: Multi-tenant auto-related shops: Full-service car washes: Self-service càr washes:  area. area.  one stall per 200 square feet of building one stall per 200 sq. ft. of building area. one parking stall per bay one parking space for each two employees during the time of maximum employment, plus one parking space for each two thousand (2,000) square feet of lot and building area used for the display or storage of automobiles. one stall per bay.  e.  New/Used-car sales:  f. g. h. i. j.  Oil change shops: Service stations: Auto glass, upholstery and stereo shops: Paint and body shops: Wholesale establishments:  one stall per 300 sq. ft.c ofbuilding area, one stall per 200 sq. ft. of building area. one stall per 200 square. feet of building one stall per 600 sq. ft. ofb building area.  area.  47-7    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  7. Recreational Uses  Number a. b. C. d. e. f. g. h.  Use  Number of Spaces Required one stall per 100 sq. ft. of building area, plus one bicycle space per ten vehicle one stall per 100 sq. ft. of building area, plus one bicycle space per ten vehicle one stall 100 ft. of per sq.  Health clubs: Bowling alleys:  spaces. spaces. spaces.  '  building area,  Dance and martial arts studios: plus one bicycle space per ten vehicle  1.5 stalls per tee plus one stall for every four seats, plus one bicycle space per ten one stall for every five seats, plus one bicycle space per ten vehicle spaces. one stall per 100 sq. ft, of builidng area, plus one bicycle space per ten vehicle one stall' for every five seats, plus one bicycle space per ten vehicle spaces. 1.5 stalls per tee, plus one bicycle space per ten vehicle spaces.  Golf courses Stadiums, arenas, and other outdoor facilities: Video. arcades: Rodeo and equestrian facilities: Miniature golf course:  vehicle spaces.  spaçes.  47-8    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  8.N Miscellaneous Commercial Uses  Number a. b.  Use  Number of Spaces Required one stall for every 1,000 sq. ft. of space per ten vehicle spaces.  Retail nursery/garden shops: outdoor display area, plus one bicycle Agricultural Chemicals/Sales: one stall per 500 sq. ft. of building area.  Agricultural Services, including topping, farming operations, trucking, farm maintenance, spraying, agricultural contractors, and contract farming: Farm machinery, sales and service:  C.  one stall per 500 sq. ft. of building area.    d.  one stall per 500 sq. ft. of! building area.  9. Industrial Uses  Number a. b. C. d.  Usè  Number of Spaces Required one stall per 500 sq. ft. of building area, plus one bicycle space per ten vehicle two stalls plus one stall for every 250 sq.ft. ofbuilding area in the office one stall per 1,000 sq. ft. of building area, plus one bicycle space per ten one stall per 750 sq. ft. of building area, plus one bicycle space per ten vehicle  Manufacturing: Mini-storage: Warehousing: Packing house:  spaces  vehicle spaces spaçes.  47-9    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  10. Institutional Uses  Number a. b.  Use  Number of Spaces Required one stall per four seats, plus one bicycle space per ten vehicle spaces. one stall per classroom plus one stall for every 250 sq. ft. ofnonclassroom building area, plus one bicycle space per one stall per two classrooms plus one stall per staff member, plus one bicycle space per four students. three stalls for every two staff members, plus one bicycle space per four students. one parking space for each. employee plus ten parking spaces for each classroom, plus one bicycle space per one stall per 500 sq. ft. of building area, plus one bicycle space per ten vehicle one stall per bed, plus one bicycle space per ten vehicle spaces  Churches:  Nursery and pre-schools: Elementary and middle schools: High schools: Colleges:  four students.  C. d. e. f. g.  four students. spaces.  Libraries, museums and art galleries: Hospitals:  III 11. Governmental Uses  Number a, b.  Use  Number of Spaces Required onè stall per 400 sq. ft. of building area, plus one bicycle space per ten vehicle one stall per 400 sq. ft. of building area, plus one bicycle space per ten vehicle  Governmental offices: Courthouses:  spaces. spaces.  47-10    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  11. Governmental Uses  Number C. d. e.  Use  Number of Spaces Required one stall per 400 sq.ft. of building area, plus one bicycle space per ten vehicle  Public safety buildings: fuel yards:  spaces.  Corporation, transporation and. one stall per employee on the maximum wastewater treatment facilities: one stall per 400 sq.ftofbuilding area  shift plus visitor stalls"  Water treatment facilities and  17.47.040 Parking Lot Design Standards and Location Criteria  a.  Design Dimensions  Parking lots. shall be designed to be consistent with. the. standards, dimensions and requirements of the details contained in Exhibit 45-1. The construction of parking lots shall also be consistent with the standards contained in Farmèrsville's Improvements  Manual.  47-11    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  Exhibit 47-1: Parking Design  LANDSCAPE AREAS TP. WHEEL STOP TP,  p  3  RAISED CURB-  a SEE SHEET PK-6 FOR TABLE OF DIMENSIONS    NOTES:  PARKING LOT, STRUCTURAL SECTION SHALL CONSIST OF 3 INCHES MINMUM OF ASPHALT CONCRETE OVER 6 INCHES MINIMUM OF CLASS 2 AGGREGATE- BASE, OVER 6 INCHES MINIMUM. OF COMPACTED. SUBGRADE TO: 95%- RELATVE COMPACTION. DESIGN STRUCTURAL, PAVNG SECTION TO TRAFFIC INDEX OF 5.5 MINIMUM. FOR SOLID WASTE TRUCK TRAVEL. PATH. CITY PARKING  LOT PAVEMENT SHALL BE DESIGNED" PER SIREET SEÇTON REQUIREMENTS- STANDARD DRAWINGS.  MINIMUM SLOPE OF ASPHALT CONCRETE SURFACE SRALL BE 2*: ALANDSCAPED ISLAND SHALL. BE INSTALLED EVERY 10 SPAÇES. MINIMUM AMOUNT OF LANDSCAPED AREA SHALL BE 5% TOTAL AREA.  5. ACCESSIBLE. ROUTES SHALL BE PROMDED TO THE CmY STREET RIGHT OF WAY, TO BUILDINGS, AND FACILITY ARRIVAL POINTS.  TABLE OF DIMENSIONS IN FEET  Q 0  S L A 8 C D, E F G H 8:0 22.0 0.0 22.0 .8.0 8.0: 12.0 8.0 24.0 0.0 24.0 8.0 8.0 11.0 8.0 26.0 0.0 26.0 8.0 8:0 10.0 30' 9.0 19.0 30.0 18.0 17.3 13.4 9.0  '5.0 28:0 5.0 27.0 '5.0 26.0 6.0 43.6  45' 9.0. 19.0 19.8 12.7 19.8 16:6 10.0 16.0 9.0 49.6 92.8 9.5 19.0 20.1 13.4 20.1 16.7 9.5 16.5 8.5 49.7 92.6 10.0 19.0 20.5 '14.1 20.4 16.9 9.0 17.0 8.0 49.8 92.6 60 9.0 19.0 12.1 10.4. 21.0 18.8 17.0 15.0 12,0. 59.0 113.6 9:5 19.0 12.3 11.0. 21.3 18:9 15.5 15.0 11.5 58.1 111.4 10.0 19.0 12.4 11.5 21.5 19.0 14.0 15:0. 11.0 57.0 109.0 .0 19.0 0.0 9.0 19.0 19.0 -25.0 20.0 5.0 63.0 126.0 9.5 19.0 0.0., 9.5 19.0 19.0 24.0 20.0 5.0 62.0 124.0 10.0 19.0 0.0 10.0 19.0 19.0 23.0 20.0 5.0. 61.0 122.0  90:  47-12    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  b. Circulation  Parking lots shall be designed sO that backing into a public street from aj parking stall shall be minimized in order to maintain effective traffic flow along the public street. Single family dwellings will be exempt from this requirement. The use of alleys to Commercial parking lots shall be designed to allow for cross parcel access (to the extent practical) to preclude vehicles from having to travel onto the street to access adjacent  access parking lots is encouraged.  parcels. C.  Paving, Slope and Drainage :  All parking Iots shall be constructed with à 4-inch aggregate base and a 2-inch asphalt or concrete overlay, described in the Farmersville Improvements Manual. Parking lots shall be sloped sO that storm water runoff flows towards public streets or alleys, into on-site  landscape planters or bioswales or into pervious hardscape features.  d.  Curbing and Wheel Stops  Concrete curbing shall be provided around all parking lots and landscape planters consistent with the Farmersville Improvements Manual. Wheel stops may be provided in parking stalls to ensure that the overhang of a vehicle does not interfere with pedestrian movements along a sidewalk, or damage landscaping adjacent to the parking lot.  e.  Striping and Symbols  Parking lot stalls and travel lanes shall be clearly marked with painted strips. Parking stalls for handicapped persons shall be stripped and provided with the appropriate symbols and signage that are consistent with the American Disabilities Act (ExhibitPK-1  from the Farmersville Improvements: Manual).  47-13    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  f.  Lighting  All parking lots shall have pole lighting that property illuminates the parking lot but does  not cause a nuisance for adjoining properties.  g.  Driveways  Driveways from aj public street or alley shall have locations and dimensions consistent with the Farmersville Improvements Manual. For one-way driveways the width of the driveway shall be at least 15 feet; two-way driveways shall have a minimum width of25  feet. h.  Landscaping (see also Exhibit 47-2)  All parking lots shall be landscaped in accordance with the requirements in Chapter 17.## (Landscaping and Irrigation). Trees shall be planted within all parking lots. Tree species shall be selected that will not cause damage to the parking lot or adjacent sidewalks, driveways or curbing, and will shade more than 50 percent of the parking lot within ten years. Landscape planters between the parking lots and public streets shall be planted with low hedges. As an alternative, a low wall (three feet) may be constructed and shrubs,  turf or ground cover may be planted between the wall and the street.  47-14    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  Exhibit 47-3: Typical Parking Lot Landscaping Scheme  wall 7-footblock  Landscaped Border  Landscaped Island   Residential Planter Neighborhood  Parking! Lot! for Commerclal Development Tenf feety wide landscapo bordery parking. where adjoinsa, residential district.  Sldewalk and Street  19 25' 19' Shade trees planted everyf parking four  spaçes Landscape plantersto breakup expanseof asphalt provide and shade  Berming. trees, shrubs andg groundo cover- must toscreeny be highe vehicle enough grilles  Six-foott tall masonry wall  Wheelblocks toprotect landscaping  Landscaping etc. essin! shouldbe heightv within 30"or 25 feetof driveway,to ensure sightline safety.  rounding glare properties  i.  Location Criteria  Parking lots shall bel located on the same property as the building they serve, except that parking for buildings in the Downtown Commercial (CD) district may be located within 300: feet oft the subject property. In the CD district, parking lots shall be located at the rear or side oft the subject building. Parking lots shall not be located on the corner where  two streets interséct.  j.  Shared Parking  Where two or more non-residential uses share a single parking lot, the number of required parking spaçes may be reduced by ai maximum of 20 percent, as long as the total number of spaces is notl less than the required for the use requiring the largest number of Where non-residential uses share a single parking lot and it can be demonstrated that the uses operate at different times of the day (an evening use versus a day-time use), the  spaces.  47-15    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  required number of parking spaces may be reduced by up to 50 percent of the combined  parkingr requirements of the two uses. k. Parking in Lieu Fee  For development in the downtown (generally defined as the area along Farmersville Boulevard between Visalia Road on the south and the San. Joaquin Valley railroad on the north) the City may establish an in-lieu parking fee, whereby uses that cannot provide required parking on site can pay the City a fee for the City to use to purchaseand develop public parking facilities within the area. The fee shall be established based on a study  performed by the City Engineer, and adjusted annually.  1.  Bicycle Parking  Commercial, industrial and public uses are subject to the following bicycle parking  standards: 1.  Short-term bicycle parking. If the project will generate frequent visitor traffic (such as fast food restaurants, banks, convenience stores, supermarkets and similar uses) the project shall provide aj permanently anchored bicycle rack within 50 feet oft the visitors' entrance. Acceptable bicycle parking facilities shall be convenient from the street (a) Bicycle parking space size (eight feet long, three feet wide) (b) Bike rack type (should be U-lock compatible). (c) Bicycle parking shall be safe, visible, and convenient.  2.  and may include:  m. Parking Standard Modifications  Parking space requirements may be modified through Farmersville'si minor deviation process. Areduction of up to 20 percent in a project'srequired parking spaces may be approved by the Planning Directori ift the following findings can be made:  1. That the granting oft the minor deviation will not create a safety hazard or lead to a condition where the loading of public vehicles onto public streets will interfere with the free flow of traffic on these streets.  2. That the granting of the minor deviation will not create a safety hazard of any other condition inconsistent with the objectives oft the Zoning  Ordinance.  47-16    Farmersville Zoning Ordinance Chapter 47: Parking and Loading  n.  Handicapped. Parking Spaces  Handicapped parking stalls shall be provided per the Uniform Building Code. Hândicapped parking stalls shall be designed consistent with the illustrations shown in  the Farmersville Improvements Manual.  0.  Loading Facilities 1.  Commercial, industrial, office, institutional, and public uses exceeding 10,000 square feet in size shall be required toi install an off-street loading facility unless the Planning Director finds that due to the operational nature of the use, none or more than one off-street loading space should be  required.  2. To the extent possible, loading facilities should bel located at the rear or  side oft the building that they are to serve.  3.  As practical, streets and alleys shall not be used as loading or unloading areas, nor should trucks use streets and alleys for maneuvering trailers into Loading facilities, at al minimum, shall have al length of 25: feet, a width of 12 feet, and an overhead clearance of 14 feet. All loading surfaces shall be paved consistent with Farmersville's Improvements Manual. Where a loading facility is near or adjacent to a residential district or other noise-sensitive land uses, noise attenuating design measures will be incorporated into the project. These design measures may include increased setback distances, the construction ofa 7-foot solid block wall, landscaping or locating the loading facilities away from noise-sensitive  al loading or parking space.  4.  5.  land uses.  6. All loading facilities shall be lighted to provide adequate illumination of the loading area for safety and security reasons. Where al loading area is near or adjacent to aresidential district or other light-sensitive uses, the  lighting shall be directed away from these uses.  47-17    CHAPTER 49  Cityo ofF Farmersville Sign Ordinance  The Zoning Ordinance  NOTE: AMENDTOALLOW FOR MULTIPLE WALL: SIGNS  Sections  17.49.010 Purpose 17.49.020 Applicability 17.49.030 Standards by Zone District 17.49.040 Miscellaneous Signs 17.49.050 Design Criteria 17.49.060 Prohibited Signs and Locations 17.49.070 Exempted Signs 17.49.080 Murals 17.49.090 Non-Conforming Signs 17.49.100 Administration 17.49.110 Minor Deviations 17.49.120 Definitions 17.49.010 Purpose  The purpose oft this Section is to establish procedures for regulating signs, including the type, size, location and construction standards ofs signs by zone district. Signs have an obvious impact on the character and quality of the City. As a prominent part of the visual environment, they attract or repel the viewing public, affect the safety of vehicular traffic and their suitability or appropriateness helps to set the tone oft the neighborhood. The objectives of this Section include the following: A. To reinforce that the sign should serve primarily to identify the general nature of an establishment or to direct attention to a project, activity,place, person,  organization, or enterprise.  B. As identification devices, signs must not subject the citizens ofthe City to excessive competition for their visual attention. As appropriate identification devices, signs must harmonize with the building, the  neighborhood, and other signs in the: area.  49-1    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  C. The City of Farmersville intends to encourage thei installation of signs that improve the appearance of the property and the neighborhood and to  enhance the economic effectiveness of signs.  D. Thej provisions in this section provide standards to safeguard life, health, property, and public welfare in keeping with the character of the City of Farmersville by regulating the size, height, structural design, quality of materials, construction location, electrification, illumination and maintenance ofa all types of signs and sign structures. conform to the above intentions ofsuitability: and safety.  E. Thej provisions in this section present criteria indicating whether or not signs  17.49.020 Applicability  No sign shall be erected, placed, established, painted, created, or maintained in the City which is noti in conformance with the standards, procedures; and othèr requirements oft these provisions. All: signs erected within the City boundaries shall bes subject tot the sign application procedures within these provisions. The regulations in this chapter are in addition to those set forth in the California Building Code, the California Electrical Code and the 1997 Uniform Sign Code, as adopted, and any amendments made thereto by the city, and ther nuisance  provisions in thel Farmersville City Code. 17.49.030 Standards by! Zone Districts Signs permitted by zone district: arel listed as follows  A.. Residential (R-1, R-M), U-R (Urban Reserve). 0-S( (Open Space) and P-QP  (Publiç Quasi-Public) zone districts.  Unlighted signs and other commercial advertising shall be permitted in  residential districts only as provided in this section.  1.  Name plates shall be permitted subject to the following conditions.  a. b.  Maximum size: two square feet;  Content: Name plates may display the following information Name oft the premises upon which iti is displayed Name oft the owner or lessee oft the premises  i. ii.  iii. Address oft the premises  49-2    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  iv. Nature ofa home occupation engaged in on the  premises message.  V.  Private information such as "beware of dog" or "no solicitors", that does not contain an advertising  C.  Placement: Name plates shall be affixed flush to the subject  building  2. "For Rent" and' "For Sale" signs shall be permitted. Notmore than two such signs, not exceeding a total of six square feet (aggregate) in area,  shall be permitted on any lot or parcel.  3. For subdivisions, apartment complexes and mobile home parks, churches and other permitted institutional uses, no more than one sign shall be erected at any entrance to the development. Signs shall not exceed 35 square feet for all readable surfaces, nor exceed six feet in height.  B. Commercial and Industrial Zone Districts Co,CGCs.Ch,lmdI)  The following signs are permitted for each business in commercial and industrial districts (see also Exhibit 49-1 for graphic illustration ofs standards for various sign types). For multi-tenant shopping centers or office parks containing three or more: individual uses, a coordinated sign program shall be: submitted for review and approval by the Planning Director.  49-3    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  Exhibit 49-1: Selected Commercial Sign Standards  1. Wall Signs Ara: 0.9s.f. perlineal occupancy frontage, to1 1L grimarys sign. Signs on secondary, walls maybe nola largert than primarys sign size Number. Ther resuiting maximum signs skzen maybo Tobesetbarks foetfrom! Intartor divideds emongr multiples signs ont thep primarys well. propartyl Ines Secondary sign n(s)! permitted ford other waus facinga streetorp parainglotontnesite. 4. Directory Signs Ara: 35feet, maximum Height 6fect, maximum No closer than fivéf feet top property line or driveway 6feet  2. Free Standing Signs Number Onesign groups perpa uni)foreach frontage.  3. Directional Signs max. Area 6s.f.,max. 10 One per driveway max Not furthert than fivet feetf froma 41eet driveway. 6.F Projecting Signs Height Maynot project roofine above Area: One Ineal occupancy footupto50s.. Number, One business permittedper only 8foot clearance whenawallsign from Isnotused sidewalk Mayprolectno moret than 2/3 distancot too curb 9. Alley-side Signs Aren: Upto 25 square feet ats sign area, maximum Number. One sign per parcel. Business must! have apublica alley entrance  Maynote exceed Helght 10loet, roofheight : Walrs Signsi  Area: 35squarefest,mex Helght: 4feet Free Standing. Signs  YE DRIVE-HRU  solidc Signbases shajbes construction (no poles signs) andi havealandseapedt Daso 51 Temporary Signs Banners Signs Number: Onep perb business Area: 50s.f., maimum Height Mayr note exceed roofhelght Tlme: 30daysp perc calendary year, maximum squarefootper Sandwich Board Aren: 4tal, 3'wideby maximum Time: During business Number: hours oneper business SandwichBoard 8. Window. Signs Area Nottoe exceed 25%of thewindows surface upon which signis mounted 25%0 maxmum coverage,  Directory  L-Banner Sign  7.C Canopy/Awning Signs Area: Nattoexceed: 25%of thea awrings surfaceupon which signisr mounted Number Onos signigraphic pera awning  Restaurante  (alleyentrance) 12. Open Air Sales (vehicles/ equipment) Open areas sales uses, such as automoblle sales arey permitted additional tens square feetaf sign area fore every 5,000 s.f.ofsite area.  Shdis, LSE  10. Freeway Signs Height 20feet, maximum Area: 100s.1, maximum Number. Onep per parcel (prgroupsat parceistunctioning: asa unity thatfrantonto Hwy. 198ora afrontage roadt thatfrontso onto thehighway.  11. Pedestrian Signs Area: Five squarefeet, maximum Number. One perfrontage  "meximum 100sL, LODGE  Bfootminkmum clearance from. sidewak  49-4    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  1.  Building wall signs  a.  Number of signs per business. The number ofwall signs permitted per business or parcel is as follows:  i.  In general, one sign is permitted for the building wall with the primary public entrance. However, wherea building wall is proposed for multiple signs fora specificbusiness, the size of all the signs combined shall not exceed that provided by the sign area calculation as shown in 17.49.030 B.1.b. Further, multiple signs shall be placed in av wel-proportioned manner, relative to each sign and the space (wall) on which they are Where the site abuts. aj public street and the primary wall: sign is on a wall not facing the street, a secondary wall sign is permitted on the wall facing the street. iii. Ifthe site has a parking lot and a building wall faces the parking lota and that wall does not have a wall sign permitted underi. or ii, above, a secondary wall sign is permitted on the wall facing the] parkinglot. Not more than one: such parking lot sign is permitted. iv. For businesses fronting onto a public alley, one alley wall sign is permitted for the wall that faces onto the  mounted.  ii.  alley.  b., Calculation ofWall Sign Area:  i.  Foray primary wall sign, 0.9. square foot of sign area is permitted for each foot oflinear occupancy frontage, as shown in Exhibit 49-2, up to a maximum of150 square feet of sign area, whichever is less. The permitted area may be divided among multiple signs on the subject primary wall. Notwithstanding this regulation, all businesses shall be permitted a minimum of 25 square Where a wall sign is permitted on secondary building walls, the maximum sign area shall be no greater than the permitted sign area ofa primary sign. ili. For an alley wall sign, the maximum sign area shall be iv. Formulti-tenant buidings, each tenant shall be permitted one sign mounted on the wall with the  feet of primary wall. sign.  ii.  25, square feet.  49-5    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  primary entrance, except for corner units which may be permitted aj primary wall sign and a secondary wall  sign.  Maximum Height: Not to exceed the top of the vertical wall surface on which thé sign is mounted. Signs mounted on a pitched roofmay not extend the peak of the ridge line of the roof. No sign is permitted on the top ofaf flat-roofed structure. d. Permit. A sign permit shall be obtained for all wall signs, consistent with the procedure outlined in Section 17.84.110 of  this Section.  Exhibit.4 49-2: Permitted Wall Sign Area  Wall Sign.  Calculationofl PermittedArea of PrimaryWallSign  n( (wall length) x0.9 = permitted sign area for primary wall sign*  Example:  50' (wall length) X 0.9 = 45 square feet of sign area permitted for  primary wall sign  (up to maximum area of 150 square feet)  49-6    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  2.  Free-Standing Signs.  a., Maximum Height: Ten feet.  b. C. d.  Maximum Area: 35 square feet per sign face. Sign Design: Free standing signs shall be designed as a monument sign with a solid base extending the entire height of Number per parcel: One free-standing sign is permitted per parcel (or collection of parcels functioning as a single integrated development) for each 1,000 feet ofs street frontage, or fraction thereof, except that parcels with frontage on more than one public street shall be permitted one: free-standing sign for each 1,000 lineal feet of frontage (or fraction thereof) Setbacks: A free standing sign shall be set back ai minimum of5 feet from any interior side property line. Encroachment into a setback may be permitted by the Planning Director where the location of existing improvements presents a functional hardship in Landscaping. All freestanding signs shall be surrounded by landscaping of an area at least twice the size of one side oft the sign Permit. A sign permit shall be obtained for all free-standing signs, consistent with the procedure outlined in Section 17.84.110ofthis  the sign.  on each street.  compliance with the required setback.  f. g.  structure. Section. Directional Signs. a. C. d.  3.  Maximum height: 4feet b., Maximum Area: 6square feet  Number per site: one per driveway from a publiç: street Location: Directional signs shall bé placed within five feetofa driveway that accesses the site. from aj public street. Placement ofdirectional signs shall ensure the sight safety of vehicles entering/leaving: a site is not compromised. Permit. A: sign permit shall be obtained for all directional signs, consistent with the procedure outlined, in Section 17.84.110 of  e.  this Section. Directory Signs. a.  4.  Number per site: one) per public vehicle and/or pedestrian  entrance to the: site  49-7    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  b. C. d. e.  Maximum Area: 35: square feet. Maximum Height (iffreestanding): 6 feet.  Location: No directory sign which is a freestanding sign may locate closer than 5 feet to any neighboring property line or closer than three feet to any point ofingress/egress. Permit. A sign permit shall be obtained for all directory signs, consistent with the procedure outlined in Section 17.84.110of  this Section. Temporary/Portable Signs. Banners i. ii.  5.  a.  Number of signs: One banner sign is permitted per Maximum Height: Not to exceed roofline of nearest building or buildingaffixed tol buti in no case higher than' 30 feet. Banner signs shall not be attached to existing  business.  free-standing signs iii. Maximum Area: 50 square feet.  iv. Permitted Time: Banner signs may notl be utilized for more than 30 days per calendar year. Thel banner shall include a date visibly noted on the sign and be removed Temporary signs used to identify a business shall be removed within thirty days and replaced with a vi. Permit. A sign permit shall be obtained for alll banner signs, consistent with the procedure outlined in Section  within 30 days ofthe posted date.  V.  permanent: sign.  17.84.110 oft this Section.  b.  Sandwich board signs  i. ii.  Maximum Height and Width: Three feetv wide and four  feet tall, maximum. Maximum Area: 12 square feet iii.' Number per business: One  iv. Location: May be placed on the business site as long as conflicts with vehicle: safety are not caused. May also be placed on the public sidewalk adjacent to thel business with approved encroachment; permit, but mustpermita minimum of four feet of passage area on sidewalk. V.. Permitted Display Time: During business. hours.  49-8    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  vi. Permit. A sign permit shall be obtained for all sandwich board signs, consistent with thej procedure outlinedi in  Section 17.84.110 ofthis Section.  Changeable message signs.  Al business that enters into an agreement with the City to not use temporary signs may be permitted a changeable message sign tol be incorporated into its free-standing monument sign, or as a building wall sign, provided that the overall sign area for thel business is noti increased (see Exhibit4 49-3).  6.  Projecting Signs. a.  Maximum Height and Projection: Noti to exceed roofline of wall or structure to which projecting sign is attached. (Note: Bottom ofs sign shalll be a minimum of8 8 feet from ground to Number per business: One, but a projecting sign is permitted only where a wall sign is notused on the same wall. Calculation of Area: 0.5 square foot of sign areai for eachl lineal footofbuilding frontage oft thel business to which sign pertains. Location: Projecting signs may extend over public rights-of- ways including public sidewalks not to exceed two-thirds of the distance from the building face to which the sign is attached to the curb face ofs said sidewalk. Permit. As sign permit shalll be obtained for all projecting signs, consistent with the procedure outlined in Section 17.84.110 of  provide proper clearance.).  b. C. d. e,  Maximum Area: 20 square feet.  f.  this Section. Awning/Canopy Signs.  7.  a. b. C.  Number ofs signs: Where an awning is present, a sign may be Maximum Area: The area of signage. on each surface ofan awning shall not exceed 25% of the area oft the individual Location: Awning signs shall be made ofremovable materials such asi individual cut-out] letters and/or symbols attached, stenciled or other wise placed on the canopy surfâce, and may be located on exterior surfaces of a canopy. Canopy signs shall be of color, size and design tol harmonize with the color, size and design of the canopy on which they are placed.  affixed to the awning.  surface.  49-9    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  d.  Permit. A: sign permit shall be obtained for all canopy/awning signs, consistent with the procedureoutlined in Section  17.84.110 ofthis Section.  8.- Window Signs  Maximum. Area: Up to 25% oft the area ofe each individual window may be covered with a window sign or graphic. No  permit is required for window signs.  9.  Alley-Side Signs a.  Number of Signs/Sign Area: Any building facing a public alley shall be permitted one alley-side sign with a maximum of25 square feet ofs sign area. An alley-side sign may bei in the form ofe either a wall-sign, awning sign, or projecting sign. Height. Alley side signs may: not] project above the wall on Permit. A: sign permit shall be obtained for all alley-side signs, consistent with the procedure outlined in Section 17.84.110 of  b. C.  which they are mounted. this Section.  10. Freeway-oriented Free-Standing Signs.  a. b. C.  Maximum Height: 20 feet.  Maximum Area: 100 square feet of sign copy per sign face. Number ofsigns: Commercial parcels that front ontoa freeway, or onto a frontage road abutting the freeway right-of- way are permitted one freeway-oriented free standing sign. Businesses on adjoining parcels are encouraged to cluster signs on one freeway-oriented. sign. Where a sitel located on a frontage road adjacent to a freeway would be] permitted a separate free-standing sign and a second freestanding freeway- oriented sign, only one: frèe-standing sign shall be permitted, subjectt to the heighta and area standards for freeway-oriented Location: Limited toj parcels adjacent to the State Highway 198 freeway or to ai frontage road that abuts the freeway right of Permit. Asign permit shall be obtained for all freeway- oriented signs, consistent with thej procedure outlined in  free-standing signs.  d. e.  way.  Section 17.84.110 ofthis Section.  49-10    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  11. "For Sale", "For Rent", or similar signs  a, C. d.  Number of signs: One sign shall be permitted per street  frontage.  b., Size: 32 square feet, per sign. Height: maximum of 6 feet. Permit. None required.  12. Pedestrian Signs  a. b.  Number of signs: One pedestrian oriented sign that projects or hangs above a sidewalk on each side ofal building with a public Size: Each sign may be a maximum of 5 square feet in size and may hang or be: suspended no lower than eight feet above Permit. A sign permit shall be obtained for all pedestrian signs, consistent with the procedure outlined in Section 17.84.110of  entrance. grade level this Section.  13. Service Station Canopy Signs  a. b. C. d.  Number ofsigns: One sign is permitted on each canopy face. Size: Ten square feet, maximum per canopy face Design. Additional graphic elements, such as color stripes associated with the particular brand shall not be permitted on Permit. A sign permit shall be obtained for all service station canopy signs, consistent with the procedure outlined in Section  service station canopies 17.84.110 of this Section.  14. Incidental traffic control signage in parking lots within private  developments a.  Number of signs and size: As determined to bé necessary by  the City Engineer  15. Special Uses Standards  a.  Open Air Sales  49-11    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  In addition to the sign area permitted under this section, ten square feet of additional sign area is permitted for every 5,000 square feet of site area for vehicle and large equipmentsales operations. Thea additional signage may be used to increase the allowable area for wall signs and freestanding signs, except that height shall not be increased for freestanding signs.  b.  Drive-through menul boards.  No: more than two drive-through menu/order boards are permitted for each food and/or beverage establishment featuring a drive-through. Each sign shall not exceed 40 square feet and be no taller than 8 feet.  17.49.040 Miscellaneous Signs  A. Construction Project Signs  Construction project signs shall not exceed 32 square. feet in area, and 8 feet in overall height, unless legally required by governmental contract to be larger. One sign is permitted for each street upon which the construction site fronts. AConstruction' Project Sign shall not require a sign permit and may exist no longer than the period of construction.  B. Subdivision Advertising Signs  1.  Time ofPlacement: Subdivision signs may require a sign permit and shall be permitted as long as some portion oft the property advertised for sale remains unsold or up to two years Location: Subdivision signs may only be located on the Size and Number of Signs: No individual sign may exceed 120 square feet of area and be no taller than ten feet. No more than four separate signs are permitted on the grounds ofeach Model Home Lots: Signs are permitted on the same. lot with a model home provided they do not exceed four in number and ten square feet each in area. Signs shall be removed after the developer concludes the initial saleiofthel lots or homes to Permit: As sign permit shall be obtained for all subdivision signs, consistentwith the procedure outlined in Section  in duration, whichever: is less. premises which they advertise.  2. 3.  subdivision.  4.  their initial owners. 17.84.110 ofthis Section.  5.  49-12    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  17.49.050 Design Guidelines (see Exhibit 49-3 for illustrations of selected  criteria)  A.  Design Compatibility: The design of all signs shall be compatible and harmonious with the'colors, materials and architecture ofthe building and the immediate vicinity. Freestanding signs shall be finished with the same or compatible materials as the building on the site. B. Size: Notwithstanding applicable sign standards elsewhere in this chapter, sign size shall be proportionate to the size and scale of the site and building upon which the sign is proposed. Sign dimensions as specified in this chapter are maximum allowable dimensions; it may be necessary that signs be smaller than the maximum allowed in order to be proportionate in size and scale to achieve the design Where a building wall is proposed for multiple signs fora a specific business, the size. ofa all the signs combined shall not exceed that provided by the: sign area calculation as shown in 17.49.030 B.1.b. Further, multiple signs shall be placed in a wll-proportioned manner, relative to each sign and the space (wall) on which they are mounted. Commercial and Industrial Center Signs: Individual tenant signs within multi-tenant centers shall be coordinated in size, location, Color: Colors shall be used in coordinated groupings, and shall be compatiblewith those colors used in the building or project design. For cabinet-style signs, a dark sign background is preferred with light Lighting Intensity: The light emitted or reflected by a sign, or emitted by al light source, shall be ofreasonable intensity and shall be compatible with the architecture ofthe. building and the immediate vicinity. Artificial light sources shall be. shielded to prevent light spillage, glare or annoyance toj persons on or inside adjoining properties or to public or private rights-of-way.  objectives ofthis section.  D.  materials and illumination.  E.  colored copy Characters/graphitcs).  F.  49-13    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  Exhibit49-3: Selected Sign Design Criteria  1. Design Compatibility Signs should! bec compatible with overall architectural character ol Archtectural the site. Village Center  2. Sign Size  *Don't" (signout 3. Shopping Centers ofp proportion with Signs inr muki-tenant bulding! face) have a consistent shopping centers  shall  Trim,  designt theme Computero o Ghoeo  TONYSTAKE-OUT 7/  Signs should bev well proportioned! Io the surface on which they arer mounted 5 Logos & Trademarks  4. Color  6. lllumination Floodl lamps  Village Center  à o Thel Roasted Bean  Star * Mart  Colors used! In signs should be consistent with! the overall color sheme of! thes site. Dark background màlerial with light col ared copy is usually preferred. 7. Sign Base and Frame Signs should have a well designed: solid bases structure that is architecturally compatiblet witht the site Valley. Bank  Corporate logos andt trademarks: shouldbe considered inthe overall archaectural compatibiiry of thes site. 8. Landscaping Freestanding signs shall! have base area that is landscaped! toc complement! the appearance of thes sign. the area ofland- scaping shali be at! least twicet that of the area of the signs structure Medical Clinic  Signs with exteriori ilumination are encouraged (versus signs with interior lghting (e.g. cabinet signs)) 9. Sign Copy "Don'" Sam's Sporting Guns"Ammo Goods FighingGear CempingBoppton LiveBal! 555-5555  "Do" Sam's. Sporting Goods 3.  Valley Bank  "Do: (monument style signy withs solid base) 10. Wall Signs Wall signs are tobe mounted flush agains! the! buildinge and not project above thei rool line  "Don': (pole sign)  Signon! left is crowded with information. andy Characters: well proportioned, and graphics should bes simple 12. Changeable Message Signs Achangeable message sign (as partol thel business freestanding or wall sign) may be permitted for businesses that agreer not to use! banner or sandwich board signs. Drugs Village Aspn $5.09 Vilamins $12.99 Soda S1.00  11. Screening Sign support structures are to! be concealed from view LODGE X 'Don'r"  LODGE  "Do"  49-14    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  G. Sign Bases and Frames: Freestanding signs shall be either housed in a frame, or set onto a base, presenting a solid, attractive, and well- proportioned appearance. The size and shape oft the frame or base shall be proportionate to the size and mass ofthe sign' and should be low-profile in design. Pole type signs are not permitted. Guy wires, angle irons, braces and other support or construction elements shall Logos and Trademarks: The use of established corporate colors or logos shall not be prohibited by this section. When established corporate colors are incompatible with buildings colors, compatibility Landscaping: Freestanding signs shall be located in al landscaped area proportionate to the size of the sign, but notl less than twice the size of one: side of the sign façe. Appropriate accent. landscaping should be Sign Copy: Sign copy should be simple and concise without excessive description ofs services or products. On freestanding signs, sign copy should be designed to contribute to the design ofthe structure on which itis displayed. In all cases, freestanding sign design and sign copy should be coordinated to provide an attractively designed freestanding element which identities the development or project. Wall Signs: Building signs should be mounted flush against the building, and shall not project above the roofridge or thet top ofthe Maintenance: All signs and their supporting members shall be kepti tin good repair and maintained in good structural condition at all times. Design Quality. All signs shall be professionally designed and manufactured. Signs that utilize hand-madel lettering or elements  be screened or hidden from view.  E.  H.  placed att the base ofthe sign.  I.  J.  parapet.  K. L.  should be avoided.  17.49.060 Prohibited Signs and Locations Prohibited signs are as follows:  A. Any sign mounted or attached to a vehicle parked for the purpose of calling attention to or advertisingaspecial business establishment; B. Any sign or sign structure which has become: ap publicnuisance due to inadequate maintenance, dilapidation, or abandonment;  49-15    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  C.  Any sign which obstructs! in any manner the ingress to, or egress from, a door, window, fire escape, or other access way required by building  codes adopted by the City of Farmersville;  D. Any sign unlawfullyinstalled, erected, or maintained; E. Any sign now orl hereafter existing which nol longer advertises: a business conducted or aj product tsold as prescribed in this Chapter; F. Any sign which encroaches into any City right-of-way and/or easement, except an approved pedestrian, canopy, wall sign or  projecting sign.  G. Any sign that flashes, blinks, moves, changés color, appears to' change color, changes intensity, or contains any partofattachment: which does the same except that standard barber poles, time and temperature signs and approved bulletin board signs shall be permitted in commercial and industrial zones if otherwise in  compliance with these provisions.  H. Any unofficial sign, signal or device, or any sign, signal or device which purports to be ori is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic, or which hides from view any official sign or signal. Any light of any color of such brilliance as to blind or impair the vision ofc drivers upon any roadway. Further, no light shall be placed in such aj position as toj prevent the driver ofa vehicle. from readily Any sign located so that it interferes with visibility at an intersection, publicr right-of-way, driveway, or other ingress/egress.  I.  recognizing any traffic sign or signal.  J.  K. Any sign located or displayed on or over public property except as expressly permitted by these] provisions, unless approved by the City  Council.  L. Any sign attached to a tree. M. Anyroof-top mounted sign.  N.  Blimps, balloons or other forms ofaerial advertising.  49-16    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  0. Any sign erected or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the State, or rules and regulations duly  promulgated by agencies thereof.  P. Q.  Off-site signs, advertising structures and billboards  Portable signs, other than approved banners and sandwich board signs, except for temporary signs for community events as provided  for in Section 17.84.080 (G)  R. Any sign which, in the opinion ofthe Zoning Administrator, is in  conflictwith the: spirit or intent ofthis Chapter.  S.  Each temporary sign within any residential zone which is in violation offederal, State or local law, which may include common! law and/or any duly enacted statute, ordinance, regulation or rule ofany legislative body or governmental agency with proper jurisdiction. Such temporary sign shall constitute a public nuisance which may be abated in accordance with any authority granted under the Farmersville Municipal Code or applicable State law.  17.49.070 Exempted Signs  The following signs and devices shall not be subject to the provisions in this  Chapter:  A. Signs placed by a governmental body or public utility, required to be  maintained by law.  B. C.  Memorial tablets or plaques placed by reçognized historical agencies.  Flags ofthe National or State Government,  D. Traffic or other signs of government agencies, signs required by law or contracty with a governmental agency,railroad crossing signs, legal notices, and such temporary emergency or non-advertising signs as Decorations or window signs to celebrate nationallyr recognized Temporary signs not utilized in connection with a commercial land- use which comply with each and all of the folowingrequirements:  may be authorized by the City Council. holidays and local celebrations.  E. F.  49-17.    Farmersville Zoning Ordinance Chapter4 49: Signs and Advertising  1. 2.  The temporary sign must be located upon a lot or parcel which is privately owned, with permission oft the property owner. The total combined sign face area ofall temporary signs upon. any one parcel must not exceed thirty-two (32) square feet. 3. The temporary sign must not be attached to trees, rooftops or utility poles, but in accordance with said restrictions may only be posted or displayed from the-yard, window, door, balcony Temporary signs must noti inçlude nor utilize any artificial lighting device nor be constructed with reflective materials. 5. A temporary sign or portion thereof must not be placed in, upon or over any publicright-of-way or upon any city-owned property unless a valid encroachment permit is obtained. 6. At temporary sign must not be erected in violation ofany street corner setback requirement, which are established to ensure 7. Atemporary sign and associated supporting structuré must be maintained in like-new condition, without any observable rips, tears, fading or similar damage which may occur as aresult of normal exposure to outdoor conditions and aging. 8. Atemporary sign or sign structure which has deteriorated, decayed or which is sagging, leaning, fallén, broken, ripped, torn, faded, defaced or graffitied, ori isi in some other similar dilapidated or deteriorated condition, must be promptly restored or repaired to al like-new condition or it must be Temporary signs must not exceed a maximum vertical height of six (6) feet for freestanding signs and must not be more than  or outside wall ofal building.  '4.  traffic safety.  immediately removed.  9.  twelve (12) feetabove ground level.  G.  Temporary signs placed by reçognized non-profit or other community organizations advertising community events. Such signs shall be limited to 16 square feeti in area and no taller than four feet. Only one such sign is permitted. per parcel. Said signs shall be erected no more than 14 days before the event and shall be removed no more than  seven days after the event.  17.49.080 Murals  Itist the intent ofthe City Council, for purposes of promoting the local economy, tourism, and for further purposes ofbèautifying the City, toadoptstandards  regarding murals, their location and design.  49-18    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  A.  Location  Murals may be located on the sides of! buildings and walls on property in any commercial, industrial or puble/quas-publczone district  within the City ofFarmersville. Mural Design Approval  B.  Prior to painting, installation and execution of a mural, an application - shall be submitted to the Planning Department. The application shall include a detailed drawing or sketch of the mural plus other details as prescribed on the application or deemed by Planning Department staff to be pertinent. The Planning Department shall forward the application, with al recommendation, to the Planning Commission. The Commission shall review and approve, approve with modifications, or deny the appliçation as submitted.  C.  Criteria for Design of Murals  1. The subject matter oft the mural shall be ofhistorical or community significance regarding the growth and development oft the City of Farmersville and its surrounding environs or be of such high quality as tol be appropriate. A mural shall not contain elements that advertise an existing  business or product.  2. The paint to be used shallbea appropriate for use in an outdoor locale, for an artistic rendition and' 'shall be ofa permanent, The mural shall be designed and painted by qualified mural artists with sufficient! knowledge in the design and painting of To the extent feasible, the mural shall be vandal and graffiti  long-lasting variety.  3.  such projects. resistant.  4.  D.  Planning Commission Review  Ar mural shall be processed consistent with the public! chearing requirements of a Conditional Use Permit: (Section 17.96 oft this title), including a public hearing before the Planning Commission.  E.  Appeal to City Council  49-19    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  Within ten days of the Planning Commission's decision on a mural, any interested party may appeal a decision of the Planning Commission regarding a mural application. The appeal must be in writing and must be received by the Planning and Building Department within ten days oft the action by the Planning Commission. Following public notice and public hearing, the appeal shall be considered by the City Council. Action ofthe City Council  shall be considered final. Mural Design Amendment  F.  Priorto amending an approved mural design (whether painted or not painted), an application for an amendment: shall be submitted to the Planning Department. The application shall include a detailed drawing or sketch ofthe mural, plus other details as prescribed on the application or deemed by stafftol be pertinent. The Planning Department shall forward thè application, with a recommendation, to the Planning Commission. The Commission shall review and approve, approve with modifications, or deny the application as submitted.  17.49.090 Non-Conforming Signs  The lawful use ofa sign existing on the effective date of this Chapter, although such use does not conform to the provisions oft this Chapter, may be thus continued; provided, however, a non-confirming sign which has been abandoned, or the use for which iti isa advertised has ceased to function for a period of 90 days or more, shall be  brought into conformity with the provisions ofthis Chapter.  A. Nonon-conforming: sign shall in any manner (except for face changes) be structurally: altered, reconstructed, or moved without being made to comply with the provisions of this Chapter; however, nothing herein shall prohibit the painting, maintenance, or repairing of such  sign, including the face and changing of copy.  B. If,atany time, any sign in existence or maintained on the effective date oft this Chapter, which does not conform to the provisions of this Chapter, is destroyed by fire, accident, explosion or act ofnature to the extent ofr more than 50 percent of the value thereof, such sign shall be: subject to all the provisions ofthis Chapter. For the purposes of this Chapter, the value of any sign shall be the estimated cost of replacement oft the sign in kind as determined by the Chief Building  Official.  49-20    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  C.  The Code Enforcement Officer or his/her designee shall immediately cause the removal ofany sign which, in the judgment ofthe Code Enforcement Officer or the Public Works Director is found to be within the publicright-ofway. and/or easements and are found to place citizens in immediate peril, by any or a combination oft the following méthods using sound judgment under the circumstances: 1. Removal or modification of said: sign by City staffwith business owner (or property owner ifbusiness has ceased operations) to be '2. Notification orally or in writing to thel business owner causing the removal of said signs within a 24-hour period or lesser period of time, as prescribed by the Code Enforcement Officer. 3, Immediate citation of the business owner (or property owner if business has ceased operations) or party responsible for said sign.  billed for time and materials. -  D. Any business that has ceased operations for at least thirty days shall  remove all temporary signs and all window signs.  17.49.100 Administration  Except for where otherwise stated in this title, no sign may be placed or erected without written approval issued by the Zoning Administrator in the form of a Sign Permit. In addition, building permits shall be required for the erection of signs, except painted, window, or temporary signs, following the issuance of written approval by the Zoning  Administrator. A.  Applications: Applications for sign approval shall be made upon forms provided by the Planning Department, Three sets of sign plans shall be submitted to the Planning Department forreview. Sign plans shall include  the following: 2. 3. 4. 5. 6. 7.  1. Address of sign location.  Name and phone number of owner and/ora applicant. Name, address, and phone number of contrator or erector. A site plan shown location of proposed sign(s) on the subjectsite. Elevation drawing(s) showing location on building or other structure, including height of sign and any projection from building. Elevation of sign showing dimensions and materials. Construction details of typical sections for aoo proposed signs. In some cases, the building inspector will require that the details are  49-21    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  accompanied by the: signature ofa California licensed engineer or Sign valuation, and for electric signs, the number oft transformers. Additional information may be required as deemed necessary by the Zoning Administrator, including engineered footing and foundation  architect.  8. 9.  details for freestandingsigns.  B. Review of Sign Applications. Permission for installation ofa sign shall be issued only after review by the! Zoning Administrator, or designee, who shall approve, disapprove, or conditionaly-approve the sign application on the basis thati it conforms to the purpose and the standards ofthis Chapter. Appeals. Appeals to this Chapter shall processed consistent with the process  C.  for appeals established in Chapter 17.96 oft this title.  D. Violations. Violations shall bej processed consistent with Chapter 90-1055.  E.  Maintenance. All signs and supporting structures shall bel képt in good repair and in proper state of preservation. The display surfaces ofall signs shall be keptneatly painted and clean. Thei immediate surrounding premises shall be maintained free of weeds and rubbish. The Zoning Administratori is authorized to order the paintaing, cleaning or repair of signs which become dilapidated and the cleaning oft the immediate premises. Such maintenance shall be completed within thirty days ofreceiving written notice.  17.49.110 Minor Deviations  A minor deviation allowing an increase of up to ten percent inj permitted sign area standards may bé granted by the director upon written request, subject to such conditions asi iti may impose without any notice, ift the Zoning Administrator: finds that to do sO would not be detrimental to the public welfare ori injurious to property and improvements  in the areai in which the propertyi is located.  A.  Findings 1.  Minor Deviation may be granted" upon making the following  findings: a.  There are exceptional or extraordinary circumstances or conditions which apply to the property involved or the existing ori intended use ofthe property which do not apply generally to other properties in the same  zoning district.  49-22    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  b.  Granting ofal Minor Deviation will not negatively impactsurrounding: properties.  2.  Appeals. Any decision oft the City Planner regardinga al Minor Deviation may be appealed to the Planning Commission. Any decision oft the Planning Commission may be appealed to the City Council. All appeals shall be accompanied by an appeal fee  as required by the City.  17.49.120 Definitions  As used in this chapter, the following items are defined in this section. Some terms are  illustrated in Exhibits 49-4 and 49-5.  1. "A-Frame Sign". See "Sandwich Board Sign".  2.  Advertising Structure" means any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, including billboards, regardless of size and shape, for the purposes ofr making anything known, the origin or place ofs sale ofv which is not on the property with such advertising "Aggregate Area" means the total aera ofall permanent signs on the "Alley-Side Sign" meas a sign placed oni the wall ofa a building that faces onto "Animated Sign" means a sign with action or motion, whether by flashing lights, color changes, wind, rotation, movement of any parts oft the sign or letters or parts "Awning Sign" means a sign applied to an awning or canopy that is attached toa "Banner" means any cloth, bunting, plastic, paper, or similar material attached to, or appended on or from any structure, staff,pole, line, or framing upon which "Building Front" means the wall of the business with the primary public  structure. premises:  3. 4. 5. 6. 7. 8.  or abuts a publicalley.  oft the sign structure, or other motion.  building.  there is an advertising message.  entrance.  9. - "Canopy Sign". See "Awning Sign".  10. "Changeable copy sign" means a sign or portion thereofwith characters, letters, or illustrations that can be changed or rearranged withoutaltering the face or the surface oft the sign. A sign on which the only copy that changes is an electronic or mechanical indication oft time or temperature. shall be considered a' "time and temperature" sign and nota changeable copy sign for 11. "Copy" means any graphic, letter, numeral, symbol, insignia, text, sample, model, device, or combination thereofwhich relates to advertising,  purposes of this chapter. identification, or notification.  49-23    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  Exhibit4 49-4: Selected Sign Definitions  Selected Commercial Sign Definitions  Roof Line  Awning Sign  Wall signs  Sign. Face Height  treestanding sign,  Sandwich Board Sign (portables sign)  Directional Sign  12. "Directional Sign" means signs giving only information and direction to the 13. "Directory Sign" means a sign typically used tol list individual businesses in a 14. "Externally illuminated sign" means a sign which has light cast on its surfacé 1 from an artificial exterior source installed for the purpose ofi illuminating the sign; 15. Freestanding Sign" means a sign which is supported by one or more columns, 16. Freeway-oriented sign" means for the purposes of this chapter, any sign that is designed tol be visible from at least one direction of State Highway 1981 Freeway. This type of sign is permitted only on commercially- ori industrially-zoned properties that front directly onto the freeway right-of-way, ,or which front onto a frontage road that abuts the freeway right of way immidiately adjacent to the  viewer and containing no advertising message; multi-tenant complex or center.  uprights, or braces in or upon the ground.  subject site.  49-24    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  17. "Height of Sign" means the vertical distance from the uppermost point used in' measuring the area of a sign to ground level of the foundation of the sign. 18. "Internally illuminated sign" means any sign whosé illumination originates from within the structure of the sign and the source of which is not visible from 19. Nonconforming Sign" means. any sign which was lawfully erected or 20. "Occupancy Frontage" means a single lineal dimension measured horizontally along the front of a building which defines the limits of a particular occupancy at that Iocation and which has direct pedestrian access through an exterior wall 21. "Off-premises signs and billboards" means any sign not located on the same lot 22. "Open air use" means a use (such as vehicle sales) where merchandise or products are displayed or dispensed in the usual course of business from an open 23. "Roofline" means the highest point of a parapet wall or the main roof structure ora highest point ofaj parapet wall other than such architectural features as cupolas, pylons, projections or minor raised portions of the roof. 24. "Pedestrian access" means a doorway which has been designed for the primary use oft the patrons or customers of that commercial use. 25. "Pedestrian oriented sign" means a sign which is specifically located and designed to be viewed from aj pedestrian right-of-way. 26. "Pennant" means series of lightweightplastic, fabric, or other materials, suspended from a rope, wire, or string designed to move in the wind. Pennants shall not include banners as defined in this chapter or individual 27. "Political sign"means a sign advertising a candidate for political office, a 28. "Portable sign" means a sign which is capable ofbeing carried or moved by manual or mechanical means from one. location to another and which is not 29. "Projecting Sign" shall mean a sign that] projects from and is supported bya wall or a façade ofal building and are also referred to as marquee signs. 30. "Reader board" means a sign indicating the name, address and type of 31. "Roofs Sign" means a sign erected upon or above a roof or parapetofa 32. "Sandwich Board. Sign" means a portable sign with advertising messages mounted on two surfaces with two edges connected and the other two edges spread so that the two faces read from different directions; 33. "Setback area" means the open space area defined in the Farmersville Municipal Codei in Section 90-7 under the term yard, and where applicable,  the exterior of the sign.  maintained prior to the time of adoption of this title.  which is visible from the public right of way. or project site as the use, product, or service it advertises.  lot and not within an enclosed structure.  flags mounted on a single pole.  political party or a measure scheduled for an election. affixed to the ground, a structure, or a vehicle.  business oft the businesses within a building.  building.  49-25    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  includes the definitions ofyard,rear;y yard, front; and yard, side; as defined in 34. "Shopping center" means a group of two or more commercial uses planned and designed to function as an integral unit on a single parcel of contiguous parcels and which utilize common off-street parking and access, landscaping, 35. "Sign" means any words'or symbols used for visual communication including its structure and component parts intended tol be used to attract attention to 36. "Sign area" means the geometric area ofa sign including all elements such as board or frames, perforated or a solid background, ornamental embellishments, arrows or other sign media. The area ofindividual signs shall be measured as follows (see also Exhibit49-2):  said title.  loading facilitiesand points ofingress and egress.  an activity.  a.  Sign Faces Counted: Where a sign has two faces containing sign copy, which are oriented back to back and separated by not more than twenty-four inches at any point, the area of the sign shall be measured Wall Mounted Letters: Where a sign. is composed ofletters individually mounted or: painted on a building wall, withoutal border or decorative enclosure, the sign area is that of the smallest area ofa rectangle within which all letters and words can be enclosed. Three-Dimensional Signs: Where a sign consists of one or more three- dimensional objects such as balls, cubes, clusters of objects, or sculptural or statute-type trademarks, the sign area shall be measured as the: area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area ofthe  using one sign face only.  b.  C.  object(s) can be seen.  49-26    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  Exhibit4 49-5 Sign Area Measurement  Sign-Area Measurement  SignAraCaiquiation Sign area: AxB Ifreverse sign face has different message, multiply the: areaby2  Free-Standing Sign  Wal-mounted "cabinet" sign  pe's Luggagd  Well-Mounted dsign 6 Individual Lelters I  graphice elements thate are partol! thes sign's message shalll bec countedi inthesigna area  calculation  37. "Sign copy" means any words, letters, numbers, figures, designs, or other symbolierepresemtatons incorporated into a sign face and/ori its structure with the purpose ofattracting attention to the: subject matter. 38. "Sign face" means the panel surface ofa sign which carries the advertising or 39. "Sign structure" means any structure which supports or is capable of  identification message.,  supporting any sign. A sign structure may or may not be an integral part ofa building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area oft the sign including the sign copy and all 40. "Site" means the length ofas site along the street or other principal public thoroughfare, butnoti including such a length along an alley, watercourse, 41. "Special events sign" means any sign advertising specific temporary events, such as carnivals, festivals, exhibits, and parades, but noti including 42. "Structural alteration" means any change to the sign structure. 43. "Subdivision" or "multiple housing entrance sign" means a sign identifying the name ofa subdivision or multiple housing projects and consisting of letters or symbols attached to a wall or a fence or freestanding sign located within the boundaries ofai recorded and developed subdivision or multiple  structural elements oft the sign. railroad or freeway.  promotional sales or grand opening signs.  housing projects.  49-27    Farmersville Zoning Ordinance Chapter 49: Signs and Advertising  44. Temporarysign" means a sign, other than a portable sign, which isr not permanentlyafixed to either real property or any real property 45. Temporary subdivision sign" means a sign erected and maintained within thel boundaries ofa recorded subdivision and indicating the name ofthe subdivision, the name oft the contractor and/or subdivider, the name of the owner and/or agent, and giving information regarding directions, price or terms concerning the sale or lease of parcels within the subdivision. 46. "Wall Sign" means a sign attached to or erected against the wall or façade of a building or structure with the exposed face oft the sign in aj plane parallel to 47. "Wind Sign" means any display ofstreamers, pennants, whirligigs or similar devices made of flexible lightweightmaterial, strung together or attached in  improvement.  the plane of the wall or façade.  such a manner as to move by wind pressure,  48. "Window Sign" means a sign mounted within or onal window.  49-28    CHAPTER 63  Enforcement  Sections 17.63.010 Purpose 17.63.020 17.63.030 Code Enforcement 17.63.040 Violation 17.63.050 Right of Entry 17.63.010 Purpose  Administration  Thej purpose ofthis chapter is to provide a mechanism for enforcing the provisions ofthis Ordinance. Further, to ensure that Farmersville's) planning efforts are achieved and that.  the public health, safety and welfare is protected.  17.63.020 Administration  All department heads, officials or other employees of the City that are vested with the authority to issue and permit, license or certificate shall enforce the provisions of this Ordinance and shall noti issue any permits, licenses or certificates for uses, buildings or structures that are. in conflict with this Ordinance. Any permit, license or certificate issued in conflict with this Ordinance,mntentionaly or otherwise, shall be null and void.  63-1    Farmersville Zoning Ordinance Chapter 63: Enforcement  17.63.030 Code Enforcement  The Planning Director and Codel Enforcement Officer, or other person authorized by the City Manager, shall be authorized to enforce provisions of this Ordinance and to issue citations and make arrests pursuant to Section 836.5 of the California Penal Code.  17.63.040  Violation  Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained contrary to the provisions of this Ordinance, is hereby declared to be unlawful and aj public nuisance and shall be subject to the remedies and penalties set forth in the  Farmersville Municipal Code. 17.63.050 Right of Entry  In the discharge of enforcement duties authorized persons shall have the right to enter any site, building or structure for the purpose of investigation and inspection. Such right of entry shall be exercised only at reasonable hours and only with the consent of the owner  or tenant unless a written order from the Court has been issued.  63-2    CHAPTER 67  Definitions  Sections  17.65.010 Purpose 17.65.020 Objectives 17.65.030 Definitions 17.65.010 Purpose  Unless the text of this ordinançe states otherwise, the following definitions shall be used in the interpretation and construction of this Ordinance. Words and phrases used in this  ordinance shall be defined in Section 25-67.3 of this chapter.  17.65.020 Objectives  The objectives of this chapter are as follows:  A. Provide coherent and consistent explanation of the terms used in the Ordinance. B. Avoid misinterpretation of the egulations.procedures, and standards as put forth  in the Ordinance. Ordinance.  C.  Introduce a common vocabulary to facilitate communication regarding the :  65-1    Farmersville Zoning Ordinance Chapter 65: Definitions  17.65.030 Definitions  Itis noted that individual chapters within this Zoning Ordinance may have definitions within the chapter that pertain to that particular subject matter. Individual chapters with  definitions include the following Accessory Dwelling Units Adult Entertainment Signs and Advertising  Marijuana cultivation, manufacturing, testing,transportation and distribution  Wireless Telecommunication Equipment Recycing/Buyback Centers  "Abutting" shall mean two or more parcels sharing a common boundary of at least one "Abandoned" shall mean to cease or suspend from developing or maintaining a building "Access" shall mean safe, adequate, and usable ingress or egress to aj property or use.  point.  or use for a stated period of time.  "Accessory Dwelling Unit"- - see Section 17.##  "Accessory Structure" shall mean a structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure to which it is an accessory. The structure is customary, incidental, and subordinate to the use of the principal building, or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation "Adult Day Program" shall mean any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of "Agricultural Accessory Structures" means those uses and structures customarily incidental and subordinate to the agricultural use of the land, including: barns, storage sheds, corrals, pens, fences, windmills, watering and feed troughs; the storage and use of farm implements, irrigation, and crop-protection equipment; the storage and use of fuels for heating buildings and operating farm equipment or appliances; water and waste water treatment facilities and systems for private uses and structures which are determined by the Planning Director to be necessary, customary, and incidental to the agricultural use of the lot or parcel. Agricultural accessory uses shall not include construction equipment  of the principal use.  these individuals on less than a 24-hour basis.  storage yards.  65-2    Farmersville Zoning Ordinance Chapter 65: Definitions  "Agricultural Operations" means the cultivation and tillage of soil, dairying, the production, irrigation frost protection, cultivation, growing, harvesting, ànd processing of any agricultural commodlity,including timber, viticulture, greulure,horiculure, the raising of livestock, fur-bearing animals, fish, or poultry, and any commercial practices incidental to, or in conjunction with, such agricultural operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. "Alley" shall mean aj public way permanently reserved as a secondary means of vehicular "Amendment" shall mean a change in the working, context, or substance of this chapter, an addition or deletion or a change in the district boundaries or classifications upon the "Ancillary Use" shall mean a use incidental to and customarily associated with a specific "Animal Hospital" shall mean a facility. where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; the ancillary use of the premises as a kennel or a place where animals or pets are boarded for remuneration. "Annexation" shall mean the incorporation of a land area into an existing incorporated community with ai resulting change in the boundaries of that community. "Antenna" shall mean any system of wires, poles,tods,reflecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves, including antennas or towers used for transmitting or receiving television, radio, citizen's band or cellular phone communication. An antenna can be affixed to or supported by a roof or exterior wall of a building or other structure or an antenna can be ground mounted, which is supported by a platform, framework, pole, or other structural system that is affixed to or placed directly on ori in thé ground. This definition also means associated equipment including, but not limited to cabling, generators, fans, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers. "Applicant" shall mean a person who is required to file an application for a permit under "Application Rate" shall mean the depth of water applied to a given area, usually "Arcade" shall mean a place of business having four (4) more amusement machines.  access to abutting property.  zoning map.  principal use,located on the same lot or parcel.  this section.  measured in inches per hour.  65-3    Farmersville Zoning Ordinance Chapter 65: Definitions  "Area of Shallow Flooding" shall mean an area designated AO or VO AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three 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.  "Assessor" shall mean the county assessor of the County of Tulare.  "Automated Teller Machine" (ATM) shall mean a computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. These "Awning" shall mean a roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a door or window from the elements. "Bar/Tavern" shall mean a business where alcoholic beverages are sold for on-site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery, and other beverage "Base Flood" shall mean a flood having a one percent chance of being equaled or exceeded in any given year (also called the "100-Year! Flood"). Base flood is the term "Basement" shall mean any area of the building having its floor subgraded-ie., below "Bed And Breakfast Inn" (B&B) shall mean a building or group of buildings providing fifteen or fewer bedrooms or suites that are rented for overnight lodging, with a common "Block" shall mean the properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, ,unsubdivided land or water course. "Breezeway" shall mean a roofed passageway, open on at least two (2) sides, where the roof is structurally integrated with the main building. Ai fence or wall not exceeding six "Buildable Area" shall mean the area of a lot remaining after the minimum yard and open  machines may be located at or within banks, or in other locations.  tasting facilities. Does not include adult entertainment businesses.  used throughout this ordinance. ground level on all sides.  dining area: for guests.  (6) feet in height may be permitted on one side of said breezeway. space requirements of the zone district have been met.  65-4    Farmersville Zoning Ordinance Chapter 65: Definitions  "Building" shall mean any structure having aroof supported by columns or walls, for the housing or enclosure of persons, animals or chattels or property of any. kind. "Building Face" shall mean the exterior surface of any building, regardless of frontage. "Building, height of" shall mean the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building. "Building Permit" shall mean the written permission from the City of Farmersville for the "Bulletin Board" shall mean aj permanently constructed sign containing a surface area that may have interchangeable letters, words, or numerals displaying the name of the institution, events conducted upon and/or services offered upon such premises. "Caretakers residence" shall mean a single-family residence on the same property with, or on abutting property owned by the owner of, an open space, commercial or manufacturing use, which residence is occupied by one (1) or more persons charged with the care or protection of facilities used in such open space, çommercial or manufacturing use, and which residence is provided to the occupant as compensation for such services and for which he does not pay money or other things of value other than his services. "Carport" shall mean aj permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile shelter and storage. See also "Carport, "Carport, Portable" shall mean a portable attached or detached accessory structure used as ar roof covering to protect vehicles or shelter goods and which may or may not be fixed tot the ground and which is not designed or intended to be permanently affixed on a lot. Such accessory structures may be erected by the use of poles, ropes, stakes, ora combination of these items. Roof coverings may be constructed of various materials such "Cemetery" shall mean land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such "Church" shall mean a building, together with its accessory buildings and uses, where persons regularly assemble for worship and which building, together with its accessory buildings, and uses, is maintained and controlled by a1 religious body organized to sustain  construction, ,repair, alteration, or addition to a structure.  Portable".  as canvas, vinyl, metal sheeting or similar materials.  premises.  public worship.  65-5    Farmersville Zoning Ordinance Chapter 65: Definitions  "City" shall mean the City of] Farmersville.  "City manager" shall mean the city manager of the City of Farmersville.  "Club, Lodge, Or Private Meeting Hall" shall mean aj permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for business associations; civic, social and fraternal organizations; labor unions and similar organizations; political organizations; professional membership organizations; and other membership "Combining Districts" (Overlay Districts) means zones or geographical areas in Farmersville that may require special regulations or treatment due to unique features, resources or hazards. These districts may be combined with any district identified in this "Commercial Accessory Structures" means uses and structures incidental and subordinate to the commercial use of the land including: equipment storage areas, trash storage areas and bins; vending machines; required loading and unloading facilities; outdoor tables, benches, umbrellas, fountains, ponds, statues, sculptures, paintings, and other works of art; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for thè operation of appliances or equipment used within a building; sales offices, showrooms and administrative offices; permitted signs; the storage and use of commercial fleet vehicles as part of the principal use; and other accessory uses and structures which are determined by the Planning. and Building Director to be necessary, customary and incidental to the "Commercial Recreation Facility = Outdoor" Means facilities for various outdoor recreational activities, where ai fee is charged for use. Examples include: amusement and theme parks; fairgrounds; go-cart tracks; golf driving ranges; miniature golf courses; roller skating, hockey, skateboarding; and water slides. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, Commission" and "planning commission" shall mean the planning commission of the "Communications Equipment Building" shall mean a building housing electrical and mechanical equipment necessary for the conduct of a public communication business "Conditional Use" shall mean a use permitted in a particular zoning district only upon showing that such use ina speçified location will comply with all the conditions and  organizations.  Ordinance.  commercial use of the land.  including bars and restaurants, video game arcades, etc.  City of Farmersville.  with or without personnel.  65-6    Farmersville Zoning Ordinance Chapter 65: Definitions  standards for the location or operation of such use as specified in the Ordinance and "Convalescent Hospital Or Nursing Home" shall mean any place, structure, or institution providing for skilled nursing and allied professional health care, or for chronic or convalescent care for one or more persons, exclusive of relatives, in which nursing, dietary or other personal services are rendered to convalescents, invalids, or aged persons, who, by reason of advanced age, chronic illness, or physical infirmity are unable to properly care for themselves, but noti including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals or sanitariums, is not "Convenience Store" shall mean a retail establishment with not more than four thousand five hundred square feet of gross floor area; offering for sale prepackaged food products, household items, newspapers. and magazines, and sandwiches and other freshly prepared "Council" and "city council" shall mean the city council of the City of Farmersville. "Corner cut-off" shall mean the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or  authorized by the Planning Commission.  provided.  foods, such as salads, usually for off-site consumption.  private driyeways.  "County" shall mean the County of' Tulare.  "County recorder" shall mean the county recorder of the County ofTulare.  "Day" shall mean calendar day..  "Day Care" means facilities that provide nonmedical care and supervision of adults or minor children for periods of less than twenty-four hours. These facilities include the following, all of which are required to be licensed' by the California State Department of  Social Services: 1.  "Child day care center" means a commercial or nonprofit child day care facility designed and approved to accommodate fifteen or more children. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or "Large family day care home" means as provided by Health and Safety Code Section 1596.78, a home that regularly provides care, protection, and supervision for seven to fourteen children, inclusive,including children  church facility, or as an independent land use.  2.  65-7    Farmersville Zoning Ordinance Chapter 65: Definitions  under the age of ten years who reside in the home, for periods of less than twenty-four hours per day, while the parents or guardians are away. "Small family day care home" means as provided by Health and Safety Code Section 1596.78, al home that provides family day care for eight or fewer children, including children under the age of ten years who reside in "Adult day care facility" means a day care facility providing care and  3.  the home.  4.  supervision for adult clients.  "Dedication" shall mean the setting aside of land for a particular purpose,including roadway,park, or bikepath improvements; utility easements; or access routes for the "Density" shall mean the number of amlies,individuals, dwelling units , or housing "Density Bonus" shall mean an increase in units of up to 35 percent over the otherwise maximum allowable residential density under the Ordinance or Farmersville'sLand Use  public.  structures per unit of land.  Element of the General Plan (see Government Code Section 65915).  "Developer Incentives" means:  1. 2. 3.  Reduce or eliminate standards contained in the Subdivision Ordinance or the City of Farmersville Standards and Specifications Manual Reduce or eliminate Ordinance requirements,including open space, lot Reduce. or eliminate any design requirements exceeding Uniform Building  size, setback, or parking standards.  Code specifications.  Development" shall mean any man-made changes to improved or unimprovedreal 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. Development Agreement" shall mean a contract duly executed and legally binding between the City of Farmersville and a developer that delineates the terms and conditions "Disabled Person" means a person who has a medical, physical, or mental condition that limits ai major life activity, as those terms are defined in Califomia Government Code section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized  agreed upon by the two parties.  65-8    Farmersville Zoning Ordinance Chapter 65: Definitions  representative of a disabled person. The term disabled person does not include a person who is currently using illegal substances, unless he or she has a separate disability. "Disability" shall mean an individual with a disability is someone who has a physical or mental impairment that limits one or more: major life activities; anyone who is regarded as having such impairment; or anyone with ai record of such impairment. "Drive-in restaurant" shall mean any building or structure in which food and drink are prepared for service to customers within such structure or occupying vehicles outside of such structures and including self-service restaurants for take-out food. "Drive-Through Facility" shall mean a commercial facility where vehicles line up: for service at definite spots and where customers are served from a window or similar feature "Driveway" shall mean any vehicular access to an off-street parking or loading facility. "Duplex" shall mean a structure on a single lot containing two dwelling units, each of which is totally separated from the other by a common wall that extends from ground to "Dwelling" shall mean a structure or portion thereof designed for or occupied for residential purposes whether for one family, several families, roomers or boarders, but for purposes of this definition specifically not to include automobile trailers, hotels, motels, labor camps, tents, ,railroad cars, converted, transit vehicles,mobile homes or any type of "Dwelling, Multiple-Family" shall mean a structure containing more than one dwelling unit, designed for occupancy or occupied by more than one family. "Dwelling, Single-Family" shall mean al building containing one dwelling unit. Easement" shall mean a space on a lot or parcel of land reserved for or used for public "Electric Distribution Substation" shall mean an assembly of equipment which is part of asystem for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general "Electric Transmission Substation" shall mean an assembly of equipment which is part of a'system for the transmission of electric power where electric energy is received at very high voltage from its source of generation by means of a network of high voltage lines, and where, by a means of transformers, said high voltage is transformed to a lower subtransmission voltage for purposes of supplying electric power to large individual  without leaving their vehicles.  roof.  temporary structure.  uses.  consumer use.  65-9    Farmersville Zoning Ordinance Chapter 65: Definitions  consumets,mterchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to "Emergency Housing" means housing with minimal supportive services for homeless persons that is limited to occupancy ofsix months or less by al homeless person. No individual or household may be. denied emergency shelter because of an inability toj pay. "Employee housing" shail mean housing as described, defined, and regulated by the Employée Housing Act, Sections 17000 et seq. of the California Health and Safety Code. Employee housing for up to six unrelated persons per dwelling is permitted in the R-1 (Single Family Residential) zone, andi in thel RM (Multiple Family Residential) zones, subject to density standards oft the particular zone. In the UR (Urban Reserve) zone, employee housing is permitted for up to twelve (12) units or thirty-six (36) beds. Employee housing is permitted subject to the issuance of aj permit by the State of Califoria Department of Housing and Community Development as provided in California Health and Safety Code Sections 17021.5 and 17030. The permit shall be prominently displayed in- the housing unit and shall be provided to any peace officer, City "Essential service" shall mean the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supplying, or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes,police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connéction therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions, or for the public health or "Exceptional Structure" shall mean any structure or building having pre-eminent historical/cultural, architectural, archaeological, or àesthetic significance. Exceptional structures should be considered for nomination to thel National Register of Historic "Extremely Low Income Household" means those units targeted for this category of household that shall be affordable at a rent that does not exceed 30 percent of 60 percent "Façade" shall mean the exterior wall of a building exposed toj pubic view or that wall "Fair) Housing Laws" means (1) the federal Fair Housing Act (42U.S.C. section 3601 and following) and (2) the California Fair Employment and Housing Act (Government Code section 12955 and following),including: amendments to them.  smallerindividual users.  inspector or State inspector, upon demand.  safety or general welfare.  Places.  of the Tulare County median income. viewed by persons not within the building.  65-10    Farmersville Zoning Ordinance Chapter 65: Definitions  Family" means one person or two or more: individuals living together sharing household responsibilities and activities, which may include, sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, "Farm Employee Housing" (Labor Camp): Means living quarters, including dwellings, sleeping accommodations and dining facilities, maintained for occupancy by persons employed principally in farming and related pursuits on land owned, leaséd or rented by the owner, lessee or tenant of the site on which the farm employee housing is located;  economic and psychological commitments to each other.  excepting al labor camp and trailer park. "Farming" see. Agricultural Operations  "Federal" shall mean the Government of the United States of Ameriça. "Fence" shall mean any structural device forming aj physical barrier which is SO constructed that not less than fifty (50) percent of the vertical surface is open to permit the transmission of light, air, and vision through said surface in a horizontal plane. (For "Flooding" shall mean a general and temporary condition or partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source. "Flood Boundary And Floodway Map" shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated both the areas of special flood hazards and the floodway. "Flood Hazard Boundary Map" shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has "Flood Insurance Rates Map" shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated both the areas of special flood hazards and the risk of premium zones "Floodplain" or Flood-Prone Area" shall mean any land area susceptible tol being "Floodway" shall mean the channel of a river or other watercourse and the adjaçent land areas that must be reserved in order to discharge the base flood without cumulatively  board or other solid barriers, see "Wall.").  delineated the areas of flood hazards.  applicable to the community.  inundated by water from any source.  increasing the water surface. elevation more than one foot.  65-11    Farmersville Zoning Ordinance Chapter 65: Definitions  "Floor Area, Gross" shall mean a sum of the gross horizontal areas, in square feet, oft the floors of al building, including interior balconies and mezzanines, but noti including the horizontal area occupied by any wall, inner court or shaft enclosure. "Foster Family Home" shall mean any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by aj parent, parents, or guardian. "Garage, Private" shall mean an accessory structure or aj portion of a main structure used only for the storage of self-propelled passenger vehicles or trailers by families residing "Garage, Repair" shall mean a çommercial structure or part thereof other than aj private "Garage,Storage" shall mean a structure or part thereof used for the storage,parking or "Grade" shall mean. the gradient, the rate ofi incline or decline expressed as aj percent. For example, arise of twenty five (25) feet in a horizontal distance of one hundred (100) feet would be expressed as a grade of twenty five (25) percent. (See also "Slope") "Grading" shall mean any stripping, cutting, filling or stockpiling ofs soil.  upon the premises.  garage where motor vehicles are repaired or painted. servicing of motor vehicles, but not for the repair thereof.  "Hedge" shall mean a plant or series of plants, shrubs, or other landscaped material, SO "Historic Preservation" shall mean the protection, rehabilitation, and restoration of. districts, sites, structures, buildings and artifacts significant in American history, "Historical Structure" shall mean any structure or building having pre-eminent historical/cultural, architectural, archaeological, or aesthetic significance.  arranged as to form a physical barrier or enclosure.  architecture,a archaeology or culture:  "Home Occupation" shall mean any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part; which creates no additional vehicular or pedestrian traffic, requires no additional parking space, generates noi noises audible beyond the site, causes noi radio or television interference; where no persons are employed other than domestic help, and no mechanical equipment is used other than that necessàry for domestic purposes; no materials, equipment and/or supplies are stored outdoors other than such storage normally associated with the residential use of  65-12    Farmersville Zoning Ordinance Chapter 65: Definitions  the property. For purposes of this definition, the storage of a vehicle of not more than one (1) ton capacity shall be deemed as normally associated with residential use the Homemade foods business" shall mean a business conducted out of a residence where the occupants of the dwelling prepare and package certain types of food, operated in compliance with California Homemade Foods Act (as codified in Government Code (a) There shall be no employment of help outside the residents of the dwelling, (b) All food preparation in conjunction with al homemade food business must take (c) Prior to granting of a city business license the applicant shall obtain aj permit from the' Tulare County Environmental Health Department. The City business license shall not be effective until that permit or approval is obtained, and shall automatically expire if the other required permit or approval expires,is  property.  section 51035), and the following City standards:  except for one full time employee. place in the residence'se existing kitchen.  disapproved or is revoked.  (d) A copy oft the Tulare County Environmental Health Department permit to operate shall be provided to the city planning department within ten working days of the  issuance of that permit or approval.  "Homeless Shelter" shall mean a church, public building, or quasi-public facility that provides emergency or temporary shelter tol homeless individuals and/or groups. These accommodations may include temporary Iodging, I meals, laundry facilities, bathing, counseling, and other basic support services.. Also referred to as emergency housing. "Hospital" shall mean any building or portion thereof used forthe accommodation and medical care of sick, injured, ori infirm persons and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addiçts and mental. patients. "Hotel" shall mean a structure or portion thereof in which there are individual guest rooms or suites, usually occupied on a transient basis, where lodging with or without Household pets" shall mean animals, birds, or fowl ordinarily permitted in a dwelling and kept only for the company or pleasure provided to the occupants. Household pets shall not include horses, cowS, goats, sheep, other equine, bovine, ovine, or ruminant animals, pigs,p predatory wild animals, chickens, ducks, geese, turkeys, game birds and fowl which normally constitute an agricultural use (except pigeons, which shall be deemed household pets). The keeping ofhousehold pets or other animals is lawful only in those districts where the use is listed as aj permitted use or when any household pets are  meals is provided for compensation.  65-13    Farmersville Zoning Ordinance Chapter 65: Definitions  kept as an accessory use to lawfully maintained residences in other districts. The keeping of any animal not herein described as a household pet shall not be deemed an accessory Immediate Family" Immediate family shall include spouse, parentor step-parent, brother or step-brother or half-brother, sister or step-sister or half-sister, child or step- "Industrial Accessory Structures" means hose uses and structures incidental and subordinate to the industrial use of the land including: loading and unloading facilities and equipment, parking areas and shipping terminals; water and waste water treatment facilities and systems; incidèntal services swishes cafeterias; storage facilities and garages,s sales office, showrooms, and administrative offices; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for the operation of appliances or equipment used within al building; the storage of fully operative fleet vehicles, heavy equipment or trucks as part of the principal use; permitted signs; and other accessory uses and structures which are determined by the Planning and Building Director to be mecessary,customary and Institution" shall mean all govemmenta,relgious, and charitable organizations. "Junk Yard" shall mean a site or portion of a site which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards and the like; excepting a site where such uses are conducted with a completely enclosed structure and excepting a motor vehicle wrecking yard as defined in this section. An establishment for the sale, purchase or storage of used cars or salvaged machinery in operable condition and the processing of used or salvage materials as part "Labor Camp" means living quarters including dwellings, tents, bunkhouses, maintenance of way cars, trailer coaches or other housing accommodations, maintained in connection with any work or place where work is being performed and the site on which they are located, and/or a site set aside and provided for camping of five (5) or more employees by al labor contractor; excepting farm employee housing as defined in "Loading space" shall mean an off-street space or berth on the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley or other "Lodge Or Club" means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized to render  residential use.  child, or grandparents.  incidental to the industrial use of the land.  ofar manufacturing operation shall not be deemed a junk yard.  this chapter Section.  appropriate méans of ingress and egress.  aservice carried on as a business.  65-14    Farmersville Zoning Ordinance Chapter 65: Definitions  "Lot, Comer" (see Exhibit 65-1 for illustration of lot types) shall mean a site bounded by two (2) or more adjacent street lines which have an angle ofintersection of not more than "Lot, Coverage" shall mean the portion of the lot covered by buildings and structures. "Lot, Interior" (see Exhibit 65-1 for illustration of lot types) shall mean a lot other than a "Lot, Through" (see Exhibit 65-1 for illustration of lot types) shall meari a lot that fronts "Lot, Key" (see Exhibit 65-1 for illustration of lot types) shall mean the first lot to the "Lot, Flag" shall mean al lot that typically does not front onto aj public street but whose access to aj public street is provided by a narrow strip of land upon which an easement for "Lot, Reversed Corner" (sée Exhibit 65-1 for illustration of] lot types) shall mean a corner lot whose side street line is substantially a continuation of the front lot line of the first lot "Lot Line, Front" shall mean the property line dividing al lot from a street. Onacorner  one hundred thirty five degrees (135).  corner. lot.  onto two.parallel streets.  rear of a reversed corér lot whether or not separated by an alley.  vehicular movement is provided.  to its rear.  lot the shorter street frontage shall be considered the front lot line.  65-15    Farmersville Zoning Ordinance Chapter 65: Definitions  Exhibit 65-1: TypicalLot7 Types  LotTypes  InteriorLot KeyLot Comer Lot FrontProperty no rontp  Reverse Interior Interior Cul-de-Sac Lot  Lot Lot Street  Beveran The street Carnerlat: sldey yard property Ine fron! Is lot as continuationoft linec oft the! lotto the the rear  Cul-de-Sac Lot Cul-de-Sac Lot Cul-de-Sac Lot  ComerLot Interior Lot Interlor Lot  ComerLot Interior Lot FronlProperty Street  "Lot Line, Rear" shall mean the property line opposite the front lot line. "Lot Line, Side" shall mean any lot lines other than front lot lines or rear lot lines. "Manufacturing" shall mean a process that involves and/or produces basic metals, building materials, chemicals, fabricated metals, paper products,machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause impacts on surrounding land uses or the community. Also manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation produçts; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant  impacts on surrounding land uses or the community.  65-16    Farmersville Zoning Ordinance Chapter 65: Definitions  "Massage Establishments" means any establishments wherein massage is given engaged in or carried on or permitted to be given, where the body is rubbed or there is any "Mean Sea Level" méans, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown. on a community's Flood Insurance Rate Map are referenced. "Medical Buildings" means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists, or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy but not including offices for veterinarians. "Minor Deviation" shall mean a reduction of a zoning standard by up to 20% that can be "Mixed Use Project" shall mean a project that combines both commercial and residential uses, where the residential component is typically loçated above or behind the  manipulation of the body or similar procedure given.  processed administratively.  commercial.  "Mobile Home" shall mean a structure, transportable in one or more sections that is built on aj permanent chassis and is designed to be used as a single-family dwelling unit with or without a foundation. Mobile Home does not include a recreational vehicle, travel trailer, Mobilehome Park" shall mean' a, area or parcel of land where three or more mobilehomes or mobilehome sites are rented or Ieased or held out for rent or lease for human habitation. Mobilehome parks may contain accessory facilities: including recreation facilities; meeting rooms; parking lots for boats,recreational vehicles, and other vehicles; administrative offices and other accessory structures associated with "Motel" shall mean a structure or portion thereof or a group of attached or detached structures containing individual guest rooms, suites or dwelling units, usually occupied on a transient basis and usually with garage attached or parking space located in proximity to each unit, where lodging is provided for compensation. "Motor Vehicle Wrecking Yard" shall mean a site or portion of a site on which the dismantling or wrecking of vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two (2) or more motor vehicles which have not been capable of operating under their own power for thirty days or more or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a motor vehiclé wrecking yard.  commercial coach, or factory-built home.  mobilehome parks.  "Noise" means any undesired audible sound.  65-17    Farmersville Zoning Ordinance Chapter 65: Definitions  "Non-Conforming, Use" shall mean ai non-conforming use is a use of a structure or land that was lawfully. established and maintained prior to the adoption of the Farmersville Zoning Ordinance but which, does not conform with the current use regulations for the Non-Conforming, Structure" shall mean a non-conforming structure is a structure that was lawfully erected prior to the adoption of the Farmersville Zoning Ordinance but which does not conform with the standards of coverage, setbacks, height or distance between structures prescribed in the regulations for the district in which the structure is Nuisance" shall mean an interference with the enjoyment and use of property. "Nursery School" shall mean the use of a site or portion of a site for an organized program devoted to the education or day care of five (5) or more pre-elementary school "Nursing Home" shall mean a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescent, invalids, or aged persons not including persons suffering from contagious or mental diseases, alcoholism or drug addiction and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided., A convalescent home "Open Space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open "Overlay Zone" shall mean a zone applied in combination with other zone districts in order to impose additional restrictions or to allow greater variety than is possible with the "Parcel Map" shall mean the division of a lot, tract or parcel of land into four or fewer lots or parcels ofl land for sale, lease or financing. Commercial and industrial parcel maps "Permitted Use" shall mean any use or activity allowed in a zoning district and subject to "Pitch" (or peak) shall mean the highest point as in thé highest point of ar roof.  districtin which it is located.  located.  age children other than those residing of the site.  orarest home shall be deemed a nursing home.  space.  underlying zone.  may contain more than four lots.  the development standards applicable to that zoning district.  65-18    Farmersville Zoning Ordinance Chapter 65: Definitions  "Planned unit development" shall mean a residential, commercial, or industrial development which is designed and built as a planned unit pursuant to the provisions of "Plat" shall mean a map representing a tract of land, showing the boundaries and location ofi individual properties and streets; a map of a subdivision or site plan. "Police Chief" shall mean the Police Chief of the City of Farmersville or his or her  the "P",Planned Unit District, Chapter 17.##.  designee.  "Porch" shall mean a roofed open area, which may be glazed.  "Pre-Zoning" means to delineate the zoning of an unincorporated territory prior to "Public Hearing" shall mean a meeting announced and advertised in advance and open to the public, with the public given an opportunity to testify and participate. "Railroad Right-Of-Way" shall mean a strip of land for the accommodation of main line or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other "Reasonable Accommodation" means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the City or (2) require a fundamental alteration in the nature of the City's land use and zoning program. "Recreational Area" means an active play area, including sport fields, school yards, picnic grounds or other areas where sport, outdoor or recreational activities take place. "Recreational Vehicle" shall mean a motor home, travel trailer, truck camper or camping trailer, with or without motor power, designed for human habitation for recreational "Residential Facility" means any family home, group care facility, or similar facility determined by the director, for 24-hour non medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or  annexation by the City.  employee housing, yards or other uses are located.  purposes with a living area less than 220 square feet.  for the protection of the individual.  65-19    Farmersville Zoning Ordinance Chapter 65: Definitions  "Restaurant" shall mean any building or structure in which food and drinks are prepared "Rest Home" shall mean a residential facility for six or more elderly or infirm persons, all ofwhom are independently mobile and do not require confinement or regular nursing or mediçal care on the premises. Rest home differs from a' "convalescent hospital" in that it is expected toj provide comfort, safety, social participation, and the maintenànce of health "Retail store" shall mean a business selling goods, wares, or merchandise directly to the "Rezone" means to change the zoning classification on aj parcel of land from one zone "Revocation" means to rescind aj planning decision made by the Planning Director; Planning Commission or City Council, based on findings that supported non-compliance "Right-Of-Way" shall mean a strip of] land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, "Roof line" shall mean the highest point of a parapet wall or the main roof structure ora highest point of a parapet wall other than such architectural features as cupolas, pylons, "Room" shall mean an unsubdivided portion of the interior of a dwelling unit, excluding "Satellite Dish Antenna" shall mean a satellite earth station consisting of a receiving component of a disc or similar configuration whose purpose is to receive television signals from orbiting satellites or other sources and al low-noise amplifier whose purpose "School" means any public or private educational facility including, but not limited to nursery schools, preschools, kindergartens, elementary schools,primary schools, intermediate schools, junior high schools, ,middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school. "Secondhand store" shall mean ai retail business which sells used merchandise.  for service to customers within such structure.  and activity, but does not provide skilled nursing care for the ill.  ultimate consumer. district to another.  ofcertain conditions of approval.  sanitary storm sewer and other similar uses.  projections or minor raised portions of the roof.  bathroom, kitchen, closets, hallways, and service porches.  is toi magnify television signals.  65-20    Farmersville Zoning Ordinance Chapter 65: Definitions  "Service Station" shall mean a facility which supplies gasoline and diesel fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and repairing, ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting and body work. "Senior Household" means those units that have at least one person occupying the "Setback Line" means that line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal  residential unit that is at least 55 years of age or older.  structure must be erected or placed.  "Setback": See "Yard, Front", "Yard, Rear",or" "Yard,Side". generating source to the waste water treatment facility. "Shall" is mandatory; and "may" is permissive.  "Sewer" means any pipe or conduit used to collect and carry away sewage from the  "Shopping center" means a group of two or more commercial uses planned and designed to function as an integral unit on a single parcel of contiguous parcels and which utilize common off-street parking and access, landscaping, loading facilities and points of "Single Room Occupancy Unit" shall mean a facility providing dwelling units where each unit has ai minimum floor area of 150 square feet and a maximum floor area of 400 square feet. These dwelling units may have kitchen or bathroom facilities and shall be "Site" shall mean aj parcel of land, subdivided or unsubdivided, occupied or to be "Site Area" shall mean the total horizontal area included within the property lines of a "Site plan" shall mean aj plan,prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. See Chapter 17.## for "Site plan review" shall mean the review by the commission or its authorized agent of a site plan and other studies to assist the commission or agent to determine the manner in  ingress and egress.  offered on a monthly basis or longer. occupied by a use or structure.  site.  requirements.  which the applicant intends to make use of his property.  65-21    Farmersville Zoning Ordinance Chapter 65: Definitions  "Site Depth" (see Exhibit 65-2 for illustration of Site Width and Depth) means the horizontal distance between the front and rear property lines of a site measured along a "Site Width" (see Exhibit 65-2 for illustration of Site Width and Depth) means the horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway bêtween the front and rear property lines.  line midway between the front side property line.  Exhibit 65-2: Site Width and Depth  "Slope" shall mean a natural or artificial incline, as a hillside or terrace. Slope is usually expressed as ai ratio. For example, a horizontal distance of one hundred (100). feet with a rise off fifty (50) feet would be expressed as a 2:1 slope. (See also "grade" and "top and "Social Rehabilitation Facility" méans any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. "Specific Plan" shall mean aj plan for a designated area within the city, based on the general plan, but containing more detailed regulations and programs as provided in Section 65450 and following of the California Government Code.  toe of slope.")  65-22    Farmersville Zoning Ordinance Chapter 65: Definitions  "Stable" shall mean a detached accessory structure including but not limited to a corral or paddock for the keeping of one (1) or more. horses owned by the occupants of the premises, and which are not kept for remuneration, hire or sale.  "State" shall mean the State of California.  "Stock Yard" means an enclosed area where animals are temporarily held for concentrated feeding or display preliminary to slaughtering, shipping or resale. "Storm Water Runoff" means water flowing from impervious surfaces and entering Farmersville's storm water drainage system, which is a series of curbs and gutter, drop "Story" shall mean a space in a building between the surface of any floor and the surface of the floor next above, or if there be no floor above, then the space between such floor "Street" shall mean a thoroughfare, dedicated as such. or acquired for public use as such, other than an alley, which affords the principal means of access to abutting land. "Street, Arterial" shall mean a street with signals at important intersections and stop signs on side streets, and which collects and distributes traffic to and from collector streets. "Street, Collector" shall mean a street that collects traffic from local streets and connects "Street, Cul-De-Sac" shall mean a street with a single common ingress and egress and with at tumaround at the end; non-through streets that serve local neighborhoods. "Street, Dead End" shall mean a street with a single common ingress and egress. "Street, Local" shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic; narrow streets that serve local neighborhoods. "Structural alteration" shall mean any change in the supporting members of a building, such asi in a bearing wall, column, beam or girder, floor or ceilingj joists,rofrafters.rof diaphtragms,foumdations, piles, or retaining walls, or similar components. "Structure" means any object constructed, installed, or placed on real property by man, including, but not limited tol buildings, towers, smokestacks, and overhead lines. "Structure, Accessory" shall mean a detached subordinate structure located on the same site with the main structure or main use, the use of which is customarily incidental to that  inlets, storm drainage pipès, basins and waterways.  and the ceiling or roof above.  with minor and major arterials.  of the main structure or the main use of the land.  65-23    Farmersville Zoning Ordinance Chapter 65: Definitions  "Structure, Main" shall mean a structure housing the principal use of site or functioning "Structure, temporary" shall mean a structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days. "Subdivision" means the division of a lot, tract or parcel of land into five or more lots or "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 percent of the market value of the structure before the "start of construction" oft the improvement. This term includes structures which have inçurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include  as the principal use.  parcels of Iand for sale, lease or financing.  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; Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a' "historic structure".  2.  "Supportive Housing" means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260 (of the Health and Safety code) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. This housing may include apartments, single-room occupancy residences or single-family "Swimming pool" shall mean any permanent structure containing a body of water  homes.  intended for recreational uses, and shall include wading pools.  "Target Households" means Very low income, low income, or senior citizen households. "Tent Revival" shall mean a religious meeting or series of meetings which are often eyangelistic in nature and are conducted within a non-permanent structure such as, but not limited to, a collapsible shelter of canvas or other material stretched and sustained by Transitional Housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and  poles.'  65-24    Farmersville Zoning Ordinance Chapter 65: Definitions  recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months." "Travel Trailer" shall mean a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon aj public highway without a permit or chauffer's1 license or both, without violating any provision of the California "Truck service station" shall mean an occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for "automobile "Use"s shall mean the purpose for which land or structures. thereon is designed, arranged ori intended to be occupied or used or for which it is occupied, maintained, rented or "Utility Pole" means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision ofelectrical or other utility "Vacancy Rate"means the number of uninhabited dwelling units that are available and suitable for occupancy expressed as ar ratio to the total number of housing units. "Variance" means. permission to deviate from the literal requirements of the development "Very Low Income Household" means those units targeted for this category of1 household that shall be affordable at a rent that does not exceed 30 percent of 50 percent of the "Veterinary Clinics, Animal Hospitals, And Kennels" means office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or "Warehousing" shall mean a building or buildings used for the storage of goods, of any type, when such building or buildings contain more than five hundred (500) square feet ofs storage space, and where no retail operation is conducted. Also see "wholesaling. ." "Watercourse" shall mean 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.  Vehicle Code.  service station."  leased.  services regulated by the California Public Utilities Commission.  standards of a zone district.  Tulare County median income.  older, or four or more cats, except for dogs or cats inj pet shops.  65-25    Farmersville Zoning Ordinance Chapter 65: Definitions  "Yard" means an open space on the same site as a structure other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. "Yard, Front" (see Exhibit 65-3 fori illustration of yard types) shall mean a yard extending across the full width of the site or lot between thé front lot line and the nearest line or "Yard, Rear" (seel Exhibit 65-31 for illustration of yard types) shall mean a yard extending across the full width of the side of al lot between the rear lot line and the nearest line or "Yard, Side" (seel Exhibit 65-3 fori illustration of yard types) shall mean a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point  point of the main structure.  point of the main structure.  of the main structure.  Exhibit 65-3: Yard! Types  BAe BRp  "Zoning" means the division of a municipality into districts, and the regulation within those districts oft the height, appearance, and bulk of buildings and structures; the area of al lot which may be occupied and the size of required. open spaces; the density of population; and the use or buildings and land for commercial, agricultural, industrial, residential or other purposes. The term' "zoning" shall be synonymous with the term "classification" and the term "zone" shall be synonymous with the term' "district".  65-26