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HomeMy WebLinkAboutOrdinance - 2305 - Amend Title 18ORDINANCE NO. 2305 AN ORDINANCE OF THE CITY OF REDDING ADOPTING (1) AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION PREPARED FOR THE ATTACHED AMENDMENTS TO THE ZONING ORDINANCE; AND (2) AMENDMENTS TO PORTIONS OF REDDING MUNICIPAL CODE TITLE 18, ENTITLED "ZONING ORDINANCE." THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Findings offact: The City Council finds and declares as follows: A. The Planning Commission held a duly noticed public hearing pertaining to the attached amendments to portions of Redding Municipal Code Title 18, Zoning Ordinance, on November 12, 2002--continued to November 26, 2002--and recommended that the City Council adopt said amendments. B. The City Council held a duly noticed public hearing on this date, prior to the first reading of this ordinance. C. It has been determined that the attached Addendum to the Mitigated Negative Declaration prepared for the attached amendments to Redding Municipal Code Title 18 is appropriate as there is no substantial evidence, in light of the whole record before the City of Redding, that the proposed amendments will have a significant effect on the environment. D. Although adoption of the attached amendments to portions of Redding Municipal Code Tire 18, Zoning Ordinance, could have a significant effect on the environment, there'will not be a significant effect in this case because all potentially significant effects have been (a) analyzed adequately in the Final Environment Impact Report (FEIR) prepared for the 2000-2020 General Plan; and (b) avoided or mitigated pursuant to the FEIR, including mitigation measures noted therein. Section 2. The City Council hereby adopts the Addendum to the Mitigated Negative Declaration prepared for the attached amendments to portions of Redding Municipal Code Title 18, Zoning Ordinance. Section 3. The following chapters, sections, subsections and schedules in Redding Municipal Code Title 18, Zoning Ordinance, are amended to read as set forth in Exhibit A attached hereto and incorporated (1) (2) (3) (4) (5) (6) (7) herein by reference: Section 18.31.030 Section 18.32.040 Schedule 18.33.020-A Schedule 18.33.040-A Schedule 18.34.020-A Section 18.36.030 Section 18.40.120 Site Development Regulations and Performance Standards Site Development Regulations and Performance Standards Use Regulations--"Commercial" Districts Development Regulations--"Commercial" Districts Use Regulations--"Industrial" Districts Land Use Regulations Refuse Storage Areas (8) (9) (10) (11) (12) (13) (14) 05) Section 18.40.120 Section 18.40.180 Section 18.41.100 Subsection 18.42.030 C.3. Subsection 18.42.040 A. Section 18.43.070 Chapter 18.46 Section 18.60.020 Refuse Storage Areas Walls and Fences Screening and Landscape Directional Accessory Signs Accessory Signs Drive-In and Drive-Through Facilities Nonconforming Uses, Structures, Sites, and Parcels Residential Use Classifications. For ease of reading, the additions (underlined), deletions (crossed out) and amended Figures are located adjacent to the vertical bars in the right margins of Attachment C, Proposed Amendments, to the accompanying Report to City Council. Section 4. This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 17th day of December, 2002; and was duly read and adopted at a regular meeting on the 7th day of January, 2003, by the following vote: AYES: COUNCIL MEMBERS: Kight, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None Mathena, Pohlmeyer, Stegall and Cibula Attest: Connie SFohmayer, City ~k/ Form Approved: ller, City Attorney EXHIBIT A Redding Zoning Ordinance Update 18.31.030 Site Development Regulations and Performance Standards Schedule 18.31.030-A: Lot Area and Width---Residential Uses; Schedule 18.31.030-B: Density Regulations--Residential Uses; and Schedule 18.31.030-C: Development Regulations--Residential Uses are included in this section. The numbers in the tables refer to standards immediately below the table. Schedule 18.31.030-A: Lot Area and Width---Residential Uses KE. 1 30,000 100 RE-2 14,000 85 RS-2 10,000 80 RS-2.5 8,000 75 RS-3 7,000 (8,000 sq ft corner lot) 70 RS-3.5 6,000~ (7,000 sq ft corner lot) 65 (70-foot corner lot) RS-4 60 (70-foot corner lot) RM-6 100 feet RM-9 RM-10 10,000~ 80 RM-12 RM-18 15,000 100 RM-30 30,000 100 ~otes: Lot sizes may be reduced for small-lot subdivisions in accordance with Section 18.31.050. 2Applies to street frontage; cul-de-sac lot width may be reduced to 35 feet; flag lots must have a minimum street frontage of 20 feet for a single flag lot; and 15 feet for each adjacent flag lot. Also, see Title 17, Subdivisions. Schedule 18.31.030-B depicts the lower and upper ends of the density range for each single-family residential district based on General Plan land use classifications. The schedule also establishes the maximum density permitted in each "RM" District. That density is expressed in the maximum number of dwelling units permitted based on the net area of the lot. This code specifically is structured to correct the density from gross to net for "RM" Districts. The schedule also provides for increases in density beyond those depicted on the zoning map under certain specified circumstances. Redding Zoning Ordinance Update Schedule 18.31.030-B: Density Regulations-~Residential Uses ~ Base DenSity: MaximUm Density: ' ' , ':i'. ~ Districts Units per gross Units per grOss ~ Density Increases developable acre developable'acre ~ RE-1 1 1 Increases over the density shown on the zoning map shall be allowed only under one or more of the following RE-2 2 2 circumstances: RS-2 2 3.5 1. The Planning Commission determines that the additional site and building design elements listed in RS-2.5 2.5 3.5 Section 18.31.040, for single-family developments, are RS-3 3 3.5 in evidence. RS-3.5 3.5 6 2. In single-family districts, the base density may be adjusted within a given range to reflect the density RS-4 4 6 allowed by the General Plan in effect on October 1, One dwellingunlt 2000 (previous General Plan), in accordance with per net square foot: General Plan policy. To attain the adjusted density, it must be demonstrated to the satisfaction of the RM-6 6 6,000 sf Planning Commission that the adjusted density is RM-9 9 4,500 sf acceptable considering the following factors: site topography, public-street access, availability of utilities, RM-10 10 3,500 sf existing neighborhood characteristics, including the average density of surrounding development. RM-12 12 3,000 sf 3. A density bonus consistent with Government Code RM-15 15 2,500 sf Section 65915, et seq., is approved. RM-18 18 2,225 sf 4. Housing developments for low/moderate income senior RM-20 20 1,850 sf citizens may be approved at 200% of base density for one-bedroom units and 150% of base density for two- bedroom units. RM-30 30 1,450 sf Notes: · Density credit shall not be given for lands encumbered by public or quasi-public agency utility easements for which compensation for said easement has been paid. Because development sites and types differ significantly, maximum residential density in the "RM" District may be based on either "gross developable acres" or "net developable acres," whichever provides the highest number of dwelling units. Redding Zoning Ordinance Update Schedule 18.31.030-C: Development Regulations-~Residential Uses ' ~M 6' Additional Regulations 'qRS.2" ' 'T~E-!" ~ thrOUgh '~M.2,0" (Numbers refer to '. · ,,RE.2,, 'through through' '5~S-4" '~RM': standards immediately 18" '~RM.30" below the table) Building Form and Location Maximum Height (feet) 35 135 145 150 [ (2) Minimum Yards (feet) · Minimum garage setback of 20 feet in all districts Front 25 15 15 15 ·(1) · (8) all districts ,See Section 18.31.050 for small-lot subdivisions 15feet total; no side yard less than Aggregate 5 feet (except 5; 10 ·(3); (4)--for Multiple Side 30'; no small-lot for 2 or 10 Family side less more subdivisions · (8) for RE & RS districts than 10' stories (Section 18.31.050) Corner Side 15 15 15 15 · (8) for RE & RS districts · For RM districts: Rear 15 15 15 15 20 adjacent to RS · (8) for RE & RS districts Single-story--10 ft Distance Between Main 1 & 2 story--15 ft Structures 2 or more stories--20ft Maximum Lot Coverage 40% 40% (7) RM districts only Vehicle Accommodation- See Chapter 18.41, Off. Street Parking and Loading Front-yard setback area Limitations on Parking Yes Yes Yes Yes may not be used for Frontage required parking Garage Frontage Limitations Yes Yes -- -- (6) Other Standards Accessory Uses/Structures See Section 18.43.020 Buffer Yards See Section 18.40.020 -- RM districts only Common and Private Open (5) RM districts only Space Design Criteria For discretionary permits, see Section 18.40.050 Roof-Mounted Mechanical Prohibited -- See Section 18.40.130 Equipment Setbacks from Creeks and See Chapter 18.48 Riparian Areas Sky Plane See Section 18.40.150 -- RM districts only Redding Zoning Ordinance Update (1) (2) (3) (4) (5) Front-Yard Setback. The required front-yard setback may be determined through averaging provided that when 4 or more parcels in a block have been improved with structures, the minimum front-yard setback shall be the average of the setbacks on the improved parcels if this average is less than the minimum setback required by this chapter. The maximum setback in the "RE" and "RS" Districts for lots less than 40,000 square feet is 50 feet, or 40 percent of the lot depth, whichever is greater unless a zoning exception is obtained. Multistory Limitations. In order to limit impacts to the rear-yard privacy of single-family developments and to ensure adequate building bulk and height transitions between single- family and multiple-family districts, the following "RM" multistory setback is established: The minimum setback to a second or higher story, where an "RM" District abuts an "RE" or "RS" District shall be 25 feet. For discretionary permits, including subdivision of land, the approving body may require second-story setbacks up to 50 feet if, given the circumstances of the site and surrounding properties--such as building size and height, topography, and similar considerations--the additional setback is necessary to achieve the intent of this section. Minimum Yards. Projections into yards are allowed for decks, porches, bay windows, roof eaves and similar features; see Section 18.40.030, Building Projections into Setback Areas. Minimum Side Yard. The minimum side yard shall be increased 2 feet per story for each story over 2 in a multiple-family building, unless the upper story is set back 10 feet from the building face. Where a dwelling fronts on a side yard, the side yard shall be a minimum of 15 feet. Private and Common Outdoor Living Area. Each multiple-family residential development (two or more dwelling units on a single lot) shall provide private and common areas for its tenants. Private areas typically consist of covered or uncovered balconies, decks, patios, porches, fenced yards, and similar areas outside the residence. A minimum of 80 square feet with a minimum depth of 10 feet shall be provided with each dwelling unit. The minimum depth can be reduced to 6 feet for upper-story units. Pdvate opea',,, Common I Rear J open setback[ space Front ~etback Street Section 18.31.030-C MULTIPLE FAMILY (APARTMENTS) RESIDENTIAL OPEN SPACE Common outdoor-activity areas typically consist of landscape areas, walks, patios, swimming pools, barbeque areas, shade elements, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items shall be developed as common areas with the type of attributes described above. Common areas in developments of 20 or more dwelling units must be of sufficient size and arrangement such that they allow adequate area for gathering, play, and other outdoor activities for their tenants and guests. Redding Zoning Ordinance Update (6) (7) (8) Garage Frontage Limitations. Where facing a street, garage fronts (in linear feet) shall not exceed 40 percent of the width of the lot. A third or more garage space facing a street shall be recessed a minimum of 4 feet from the remaining garage fronts. These provisions shall not be in effect until January 1, 2004. Maximum Lot Coverage. Maximum lot coverage calculations in the "RM" Districts include buildings, driveways, parking areas, and trash-enclosure areas. Schedule 18.31.030-D indicates the maximum allowable lot coverage in each "RM" District. Front-yard and corner side-yard setbacks shall be kept unoccupied and unobstructed by the storage of such items as: motor homes, travel trailers, detached camper shells, boats of all types, trailers of all types, commercial vehicles, and recreational vehicles. Such items may be stored within side- and rear-yard setbacks if they are screened by a 6.foot.high solid fence. Any items stored within the setback must be placed to prevent violations of the Uniform Building Code with respect to egress, natural light, and ventilation. Schedule 18.31.030.D: Maximum Lot Coverage RM.6 60% RM-9 65% RM.10 70% RM-12 70% RM-15 75% RM.18 75% RM.20 80% RM.30 85% Redding Zoning Ordinance Update 18.32.040 Site Development Regulations and Performance Standards Schedule 18.32.040-A below prescribes the development regulations for office districts. Section 18.33.050 establishes standards for residential uses in office and commercial districts. Projects that require approval of a discretionary permit, such as a site development permit, use permit, or subdivision, must also demonstrate conformance with design criteria that are adopted pursuant to Section 18.40.050, Design Criteria. Schedule 18.32.040-A: Development Regulations for "Office" Districts Building Sc~e - Intensity of Use Minimum Lot Area (square feet) 7,500 7,500 Minimum Lot Width (feet) 70 70 Maximum Floor Area Ratio (FAR) 0.35 0.45 Building Form and Location 2-story maximum in "LO" District; additional Maximum Building Height (feet) 35 50 height allowed by Site Development Permit in the Downtown Specific Plan area; (1) Sky plane adjacent to "RL," "RE," and 45° 45° (2) "RS" Districts Minimum setback from State highway shall Minimum Yards (feet) average not less than 20' (15' minimum) Front 15 10 (3), (4) Side 10 feet; 15 feet ad'acent to an "R" district (5) Comer Side 10 10 I (5) Rear 10 10] (6) Vehicle Accommodation. Driveways and Parking. See Cha~ter 18.41, O~.Street Parking and Loading Driveway Restrictions (7) Screened Parking See Section 18.41. 100(B) Loading And Service Areas (8) Other Accessory Uses and Structures See Section 18.43.020 Buffer Yard Standards See Section 18.40.020 Design Criteria For discretionary permits, See Section 18.40.050 Landscape See Chapter 18.47 Screening of Mechanical Equipment See Section 18.40.130 Outdoor Facilities (9) Tree Preservation See Chapter 18.45 Utilities See Section 18.40.170 (1) Maximum Building Height. No building shall Rs Office and Commercial exceed 2 stories within 50 feet of an "RS" District DistrictDistricts unless a zoning exception is first approved inmm accordance with Chapter 18.15, Zoning Exceptions. Projections above the maximum height limit are allowed for chimnev.q, rower.q..qnires, and anrenna.q and similar equipment in accordance with Section 18.40.080, Exceptions to Height Limits. Figure 18.32.040 TRANSITIONAL HEIGHT LIMITS: C OR O Districts ADJACENT TO RS Redding Zoning Ordinance Update (2) (3) (4) (5) (6) (7) (8) (9) Sky Plane. Encroachments into the sky plane are permitted subject to specified standards as prescribed in Section 18.40.080, Exceptions to Height Limits. Other encroachments may be allowed subject to approval of a zoning exception in accordance with Chapter 18.15, Zoning Exceptions. Minimum Yards. Except for driveway entrances, setback areas shall be landscaped in accordance with Chapter 18.47, Landscape Standards. Front Yard. Where the prevailing setbacks of existing buildings on a block are less than required by Schedule 18.32.040-A, the minimum front yard shall be the average setback of immediately adjacent buildings on the same block. Further, within 50 feet of an "R" district, the setback shall be that required for the "Residential" District. Side Yards. If the street frontage of the block also includes an "R" district, the street side yard shall be the same as required for that "R" district within 50 feet of that "R" district. Rear Yard. When adjacent to an "R" district, rear yards shall be at least 15 feet. Driveway Restrictions. Access from an arterial or collector street or alley wherever possible. Loading and Service Areas. Loading and service areas shall be screened from public streets and residential districts. Outdoor Facilities. All uses shall be conducted entirely within enclosed buildings, except sidewalk cafes and outdoor food service accessory to an eating and drinking establishment shall be permitted in the "GO" District with approval of a site development permit. Loading and Service Entries are located at rear or side of building L/, Parking .(-'- Service Entrance ~ Loading Facility Sect'ion 18.32.040 LOCATION OF PARKING, LOADING & SERVICE ENTRIES Re&ling Zoning Ordinance Update Schedule 18.33.020-A: Use Regulations--"Commercial" Districts Usfi Classifications*: : ,"Nc',, ,;Sc,, ,,R~,, "GC"': vR,, TIC dditional Regulations' Residential Uses Single -family - Multiple-family IL7 - -L71L71 L7 I~ II'6 -~eeSec. 18.33.050 Public and Semi~blic Uses Clinics L8 L8 P P S P Clubs and lodges - - - P - - Colleges and trade schools, public or private - S S P - - Community centers U U U U - S Community social service facilities - - - U - U Cultural institutions L8 L8 P P S S Day care center (14 or more) P P P S - S Government offices LB LB P P P P Hospitals - - - S - - Park and recreation facilities U U U U U - Parking, public - S S S S S Public maintenance and service facilities ..... S Public safety facilities L8 I_8 LB P U U Religious facilities S - - P - S Residential care, general S - - S - S Transitional Housing Facilities - - - U - S Schools, public or private S S S S - S Commercial Uses Adult business establishments ..... U See Sec. 18.43.030 Adjacent to an Animal sales and services L8 P P P S P District outdoor kennelrI )rohibited Veterinary services - - - P - P Banks and savings and loans L4 L4 L4 L4 S L4 Bed and breakfast establishments - - - S S - See Sec. 18.43.060 Building materials and services - - S S - P Business services LB P P P P P Commercial recreation S S S S S S Commercial entertainment - P P P P - Convenience gas mart S S S S S S See Sec. 18.43.080 Eating and drinking establishments Bars/night dubs/lounges U S S S S S Restaurants, full service P P P P P P Restaurants, limited service L3 P P P P P Drive-up/drive-through service - S S S S S See Sec. 18.43.070 Food and beverage sales P P P P P P Food preparation P P P P P P Funeral parlors and mortuaries - - - P - P Home improvement sales and services 1.8 LB P P - P Hotels and motels - - S S S S Must meet CalifBuildin~ Hotel, residential - - - U U U Code requirement fo~ efficiency dwelling unit Laboratories - P P P P P Re&ling Zoning Ordinance Update . ...:, .~. ,'~ ~. ..~ . .., :~ ~. '~,,' . . AdditiOnal'Regulation,' ,us~ cla~sificati~m. ~,.. , ~; . Maintenance and repair services P P P P P P Offices, business and professional L8 P P P P P Parking facilities, commercial - S S S S S Personal improvement services P P P P P P Recreational Vehicle Parks - - - U - U Personal services P P P P P P Retail sales P P P P P P Recycling Station L7 L7 L7 L7 L7 L7 Travel services P P P P P P Vehicle equipment sales and services Automobile rentals - - S P - P Automobile/vehicle repair, maior - - - L12 - L12 See Sec. 18.43.050 Automobile/vehicle repair, minor - Lll L12 L12 - L12 See Sec. 18.43.050 Automobile/vehicle sales and leasing - - S S - S Automobile washing - S S S L7 P Heavy equipment sales, service, and - - - U - S rental Large vehicle sales, service, and rental S S Vehicle storage - - - S - S Industrial Uses Contractors' yards ..... S Handicraft/custom manufacturing - LB L8 1,8 1.8 P Industry, limited ..... U Personal storage - - - S - S See Sec. 18.43.140 Warehousing and storage ..... S Transtxntation, Communication, and Utilities Uses Communication antennae and transmission - U U U U U ~ee Sec. 18.40.010 towers Communication facilities within buildings - S P P - P Freight/truck terminals and warehouses ..... S Transportation passenger terminals S S S S S S Truck weigh stations ..... S Utilities, major - - U U - U Accessory Uses and Structures ~ee Sec. 18.43.020 Tem~rary Uses ~ee Cha~ter 18.17 Nonconforming Uses gee Cha~ter 18.46 Specific Limitations: L3 No drive-through service L4 Site development permit required for drive-through L6 Caretakers' quarters only L7 Only as an accessory use subject to approval of a site development permit LB Small-scale only (5,000 square feet or less) L9 No outdoor storage L10 No shopping centers, power centers, or similar uses allowed L11 Site development permit required if site abuts an "R" district and/or if alcoholic beverages will be served within 300 feet of a residential district or school L12 No outdoor storage or repair/installation Redding Zoning Ordinance Update Schedule 18.33.040-A: Development Regulations--"Commercial" Districts ~tanaaras. ::. ,,;c~ o i., IRC:. C,~. ~,.. (~ttersrefe~t°standards '='" i == == immedlai~lY belOw table) Building Scale - Intensity of Use Minimum Lot Area (square feet) 7,500 10,000 10,000 7,500 10,000 (1) Per Per 70'; 75' apprvd apprvd 70'; 80' 70'; 80' Minimum Lot Frontage corner dvlpmt dvlpmt corner corner lots lots lots plan plan May be reduced if an overall development plan is submitted and approved Minimum Site Area (acres) - 5 15 - - under the use permit or planned development provisions of this code. May be increased to 0.50 in the "GC" and "HC" Districts for warehousing, Maximum Floor Area Ratio (FAR) 0.30 0.30 0.30 0.30 0.35 storage, and similar activities; see Section 18.33.060 for other uses. Maximum Building Size (sq ft) 30,000 75,000 - 60,000 60,000 (2) Building Form and Location Maximum Building Height (feet) 35 40 50 45 45 (3) Sky plane adjacent to "RL," "RE," 45° 45° 45° 45° 45° (4) & "RS" Districts Minimum setbacks from State highway shall average no less than 20 feet Minimum Yards (feet) (15 feet minimum) Front 15 I 25 I 30 I 15 { 10I (5) Side and Rear 15 adjacent to an "R" district, otherwise not required. Corner Side 10120125 1101 5 I (6) Vehicle Accommodation Truck Docks; Loading and Service Areas (7) Other Standards Accessory Uses and Structures See Section 18.43.020 Buffer Yards See Section 18.40.020 Design Criteria For discretionary permits: See Section 18.40.050 Landscape See Chapter 18.47 Nonconforming Uses, Structures, See Chapter 18.46 and Signs Off-Street Parking and Loading See Chapter 18.41 Outdoor storage shall be screened from public view with a solid-masonry- Outdoor Storage block, concrete-panel, or similarly constructed wall. Public Plazas (8) (except HC district) Residential Uses See Section 18.33.050 Screening of Mechanical See Section 18.40.130 Equipment Temporary Uses See Chapter 18.17 Tree Preservation See Chapter 18.45 Redding Zoning Ordinance Update (1) (2) (3) (4) (5) (6) (7) (8) Minimum Lot Area. Except "pads" that are approved in conjunction with a comprehensive development plan for a shopping center, regional center, or similar scale development. Maximum Building Size. This limit applies to the main tenant in a multi-tenant center or structure. A use permit may be approved to exceed this limit in the "NC" and "SC" Districts upon finding that a larger building would be compatible in scale with adjacent uses or that adequate buffering and height transitions are provided. This limit does not apply in the "RC" District. Transitional Building Height. No building shall exceed 2 stories in height within 50 feet of an "RS" District. Additional stories may be allowed with a site development permit. Projections above the maximum height limit are allowed for chimneys, towers, spires, and antennas as prescribed in Section 18.40.080, Exceptions to Height Limits. Sky Plane Encroachments. Encroachments into the sky plane are permitted subject to specified standards as prescribed in Section 18.40.080, Exceptions to Height Limits. Front Yards. Building walls facing a front property line that do not have parking between the wall and the street may encroach up to 50 percent of the required setback provided that the average setback of such building walls meets the minimum required setback for the district. If the street frontage of the block also includes an "R" district, the front yard shall be the same as required for that "R" district within 50 feet of that district. Commercial District Residential District Street ;~' Comer Side Yards. If the street frontage of the block also includes an "R" district, the comer side yard shall be the same as required for that "R" district within 50 feet of that district. Track Docks; Loading and Service Areas. Loading and service areas shall be screened from public streets and residential areas. Public Plazas. For developments of 25,000 square feet and larger, provide areas equal to at least 5 percent of the building area (up to 15,000 square feet) that offer opportunities for public uses, such as outdoor seating, outdoor cafes, performance space, kiosk area, and similar activities. The area shall include amenities such as benches, water features, landscape, shade structures, or similar elements. Sidewalk areas providing access to the building entries or between building entries shall not satisfy this requirement. X = Setback required in R District Section 18.33.040 FRONT SETBACK ON ADJACENT X = Sett~cl~ mqul~:l in GC (General Conll~-dal) Oictflct Y = Setfoack enooa~hrnent and equal offset Re&ting Zoning Ordinance Update Schedule 18.34.020.A: Use Regulations--"Industrial" Districts Use Classification, , ,';i,. Residential Uses Single Family Public and Semipublic Uses Public Safety Facilities Commercial Uses Commercial Recreation Convenience Gas Mart Eating and Drinking Establishments Restaurants, Full Service Restaurants, Limited Service Laboratories Offices, Business & Professional Retail Sales Vehicle Equipment Sales and Services Automobile/Vehicle Repair, Maior Automobile/Vehicle Repair, Minor Large Vehicle/Equipment Sales, Service & Rental Vehicle Storage Wholesale, Distributing, & Storage Industrial Uses Contractors' yards See Section 18.43.080 See Sect/on 18.43.050 See Section 18.43.050 See Section 18.40.010 See Section 18.43.020 ~ter 18.17 Personal Stora Transj~x~rtation, Communication, and Utilities Uses Communication Antennae & Transmission Towers Communication Facilities within Buildings Freight/Truck Terminals and Warehouses Truck Weigh Stations Utilities, Major Utilities, Minor Agriculture and Extractive Uses Mining and Quarrying Nurseries Accessory Uses and Structures Temporary Uses Nonconforming Uses Specific Limitations xer 18.46 I..6 A single caretakers' quarters only, not to exceed 1,000 square feet. Site development permit required. L13 No outdoor storage, dismantling, or similar activities. L14 Store sales allowed as an accessory use not to exceed 10 percent of floor area. L15 Site development permit required to exceed district height limit. L16 Offices that support industrial uses, business and office parks, and corporate offices, excluding small- scale offices oriented to individual/personal services. ReMing Zoning Ordinance Update Schedule 18.34.040-A: Development Regulations---Industrial Districts Building Scale - Intensity of use Minimum Lot Area (square feet) Minimum Lot Width (feet) 20,000 100 Maximum FAR 0.4 , "ltI,,~,: ~ Additional Regula~ons (Letters refer to standards immediately below the table.) May be increased by 25% for non- (1) (2) (3~ (4) (5) (4) (5) Building Form and Location Maximum Building Height (feet) Sky plane adjacent to "R" districts Minimum Yards (feet) Front Side Corner Side Rear 50 [50 45° 45° 25 125 Aggregate 20 ~et;noside yard lessthan 5 ~et 25 15 Buffer Yard Standards Outdoor Storage See Sect/on 18.40.020 district with a solid masonry block~ concrete panel~ or similarly constructed wall. Outdoor storage shall be screened from view from public streets or any "R" Redding Zoning Ordinance Update 18.36.030 Land Use Regulations Schedule 18.36.030-A below prescribes the land use regulations for the "Public Facilities" District. The regulations for this district are established by letter designation as follows: "P" designates permitted use classifications. "S" designates use classifications that are permitted after review and approval of a site development permit by the Board of Administrative Review. "U" designates use classifications that are permitted after review and approval of a use permit by the City Planning Commission. Use classifications are defined in Chapter 18.60, Use Classifications. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications not listed or not substantially similar to the uses in the schedule below as determined by the Director are prohibited. Schedule 18.36.030.A Land Use Regulations ~ " .i'"'i:~ :~ . .~ "USe~ Classificati°ns', ='~ ' 'i .... :: :! i i.[~ 'i.:" .~' '~PF" ~;:~ i ' ~:'i~ rAddifi°nalRe~ations~' Public and Semi.Public Uses Cemetery U Clubs and Lodges S 1 Colleges and Trade Schools, Public or Private S 1 Community Service Facilities U Cultural Institutions S 1 Da), Care Center (14 or more) S 1 Government Offices S 1 Hospitals and Clinics (including emergency care) S 1 Offices of Philanthropic/Nonprofit Organizations S 1 Park & Recreation Facilities S 1 Parking, Public S 1 Public Maintenance and Service Facilities U Public Safety Facilities S 1 Religious Facilities S 1 Residential, Public and Not for Profit S 1 Residential Care, General S 1 Residential Care, Senior S 1 Schools, Public or Private S 1 Transportation, Communication, and Utilities Uses Airports and Heliports U Communication Antennae and Transmission Towers U Transportation Passenger Terminals U Utilities, Major U Utilities, Minor P Accessory Uses and Structures See Section 18.43.020 Use permit required if facility exceeds 30,000 square feet or 50 dwelling units. ReM~n~ f~n~n~ Ordinance Update 18.40.120 Refuse Storage Areas A. Purpose. To establish design and locational criteria for the construction of trash- and recycling- container enclosures in conjunction with multiple-family residential, commercial, and industrial developments. The Director is authorized to require that a trash container enclosure meeting the standards of this section be constructed as a condition of obtaining a site development permit, use permit, or building permit on any site that does not have the required enclosure. To ensure that enclosures are functional, serviceable, durable, unobtrusive, and architecturally compatible with the adjacent buildings. To ensure adequate areas for the storage of recyclable materials as required by the California Solid Waste Reuse and Recycling Act of 1991. B. Applicability. Trash-container enclosures are required for new dwelling groups consisting of 4 or more dwelling units. Schedule 18.40.120-A below explains when both trash- and recycling- container enclosures are required. The Director is authorized to require that a trash- container enclosure meeting the standards of this code be constructed as a condition of obtaining a building permit on any site that does not have such an enclosure. o Trash and recycling enclosures may be functionally combined into a single unit or may be established at separate locations on a parcel subject to the design criteria established by this chapter and the approval of the Director. Schedule 18.40.120-A: Applicability of Recycling and Solid Waste Disposal Regulations Zoning DistriCt . '.. i : Applicability. R 5 or more dwelling units O, I, PS All development C All development~ Note: ~ For residential development in "C" districts, applies only to 5 or more multiple-family dwellings. Location and Orientation. All enclosures shall comply with the California Fire Code and shall meet the following requirements unless it is demonstrated that they are infeasible. A building permit shall not be issued for a project until documentation of approval of the location is provided by the Director. Redding goning Ordinance Update No enclosures shall be located within any required front-yard or street side-yard setback areas unless it is satisfactorily demonstrated to the Director that due to originality of design, architectural treatments, and lack of visibility of loading areas, the location meets the intent of this section. Trash enclosures shall be located so that front-load equipment having a 17.5-foot wheel base and an outside turning radius of 45 feet has sufficient maneuvering area and, if feasible, so that the collection equipment can avoid backing. The enclosure pad with an apron area 10 feet in width and 20 feet in length shall not have a slope, including cross slope, exceeding 2 percent. The pad shall not be elevated above the apron. Recycling enclosures shall be located within 10 feet of a driveway aisle or parking area. A 4-foot-wide concrete walkway shall be provided between the enclosure entrance and the driveway or parking area. The slope of the walkway shall not exceed 5 percent. All enclosure types shall be consolidated to minimize the number of collection sites and located so as to reasonably equalize the distance from the building spaces they serve. The area in front of all enclosure types shall be kept clear of obstructions; shall not be utilized for parking; and shall be painted, striped, and marked "No Parking." D. Materials, Construction, and Design. The various components of trash- and recycling- container enclosures shall be constructed and thereafter maintained as follows: 1. Minimum Height. Six feet for trash enclosures; 5 feet for recycling enclosures. Enclosure Material. Solid masonry or concrete tilt-up with decorated exterior-surface finish compatible to the main structure (s). If the enclosure is not visible from a public walkway, street, or residential area, the enclosure may be constructed of chain-link fencing with wood or plastic inserts. Gate Material. Decorative, solid, heavy-gauge metal or of a heavy-gauge metal frame with a covering of a view-obscuring material. If not visible from a public street or residential area, the enclosure gates may be constructed of chain link with wood or plastic inserts. 4. Enclosure Pad. Four-inch-thick-minimum concrete pad. Bumpers. Two inches by 6 inches thick and made of concrete, steel, or other suitable material and shall be anchored to the concrete pad. Protection for Enclosures. Concrete curbs or equivalent shall protect enclosures from adjacent vehicle parking and travelways. Redding Zoning Ordinance Update Travelways and Area in Front of Enclosure. An adequate base to support a truck weight of 62,000 pounds. Signs. A sign clearly identifying the recycling collection area(s) and the materials accepted shall be posted adjacent to the recycling-container enclosure. The sign shall be a minimum of 17 inches high by 22 inches long. Lettering shall consist of not less than one-inch letters. 9. Trees. Trees shall not be planted that will canopy over or overhang a trash enclosure. E. Combined Trash- and Recycling-Container Enclosures These enclosures shall utilize separate compartments, although the entrances may be served by a common gate. The enclosure shall be designed such that the recycling bins can be serviced without removal of the trash container. The requirements of Subsection D (Materials, Construction, and Design) shall apply. Redding Zoning Ordinance Update 18.40.180 Walls and Fences Fences or walls in required front or corner side setbacks shall not exceed 3 feet; other fences or walls shall not exceed 6 feet; however, legal, nonconforming fences may be repaired or replaced. In nonresidential districts, fences may be erected to a height not exceeding 8 feet with a site development permit. Combined walls/fences and retaining walls shall not exceed 8 feet unless the fence is set back half the distance of the required setback but not less than 5 feet. Fencing visible from a street, except fencing for single-family detached homes, shall be treated as an integral part of the architecture, with materials, colors, and detailing drawn from the building they surround or adjoin. In nonresidential districts, barbed wire shall not be erected and maintained within 25 feet of any public right-of-way. The use of razor wire or similar materials must be set back a minimum of 50 feet from a right-of-way. Barbed, razor, and similar wires may extend 18 inches above the height limits established by this section. \ \ \ CORNER LOT Redding Zoning Ordinance Update 18.41.100 Screening and Landscape Fencing. In order to reduce or eliminate headlight glare and loss of privacy, newly constructed outdoor off-street parking areas that cause vehicle headlights to be cast upon a neighboring residential window or a vacant lot in a residential district shall be screened with a masonry wall or a solid wooden fence not less than 4 feet in height. Said screening shall be maintained in good condition at all times, shall be kept free at all times of advertising signs, and shall be set back from any abutting public street a distance equal to the distance which such parking area must be set back from any abutting public street (see Section 18.41.190). No wall shall be required where there exists a wall that complies with the requirements of this paragraph, either on the common property line or adjacent thereto, on either side of the common property line, provided, however, that if such wall is thereafter removed, a replacement wall shall be required forthwith from the owner of the parking facility. Where a wood fence is substituted for a solid masonry wall, such fence shall be constructed so that the boards overlap or are otherwise designed such that a person cannot see through them as a result of subsequent shrinkage. The fence shall have fence posts of either wood treated to resist rot and termites or of iron, steel, or masonry; and in all cases, fence posts must be set in concrete. Under no circumstances shall walls, fences, or shrubbery be placed or maintained on the property in such a manner as to interfere with visibility so as to endanger safe ingress and egress. As an alternative to a fence, an earth berm, or earth berm and wall, can be substituted for the required fence. Street. Side Planter. Notwithstanding, the setback requirements established by this ordinance, where a parking lot abuts a 4-lane-or-more public street or a street designated on the General Plan as a 4-1ane-or-more arterial street, it shall be separated therefrom by a planter not less than 15 feet in width. Planter-width requirements are as measured from the property line. Planter- width minimums can be met using variable widths and may encroach into setback areas provided that the average width meets the minimum-width requirements as determined by the Development Services Director. If the sidewalk on the street is not adjacent to the property line, the area between the back of the sidewalk and the property line shall also be landscaped in addition to the above requirements. Public sidewalks may be located within the on-site landscape areas. Wherever the Zoning Code or more restrictive requirement of the City requires a greater-width planter than the above minimum, the greater requirement shall prevail. For screening purposes, 75 percent of the landscape planter between the parking facility and the street shall include shrubs that will attain a minimum height of 3 feet above parking lot grade within 18 months of installation. City-approved street trees shall be planted within the street-side planter on 30-foot centers or in groupings approved by the Development Services Director. As an alternative to plants alone, the following other techniques may be used: Redding Zoning Ordinance Update Co Do 1. Grass-covered berm a minimum of 3 feet in height with a slope not steeper than 3:1. o A 3-foot-high, open decorative fence in combination with climbing and nonclimbing plants. o A 3-foot-high, minimum 4-inch-thick, decorative solid masonry or concrete fence at the back of the planter with a ground cover and/or other plants between the wall and the street. Vegetation or screening of any type shall not exceed 2 feet in height within areas where adequate vehicle sight distance would otherwise be obstructed. Where such screening is adjacent to a street corner or driveway intersection, screening shall not exceed 2 feet in height in the triangle formed by the corner and points at the curb 30 feet from the intersection or similar corner points within 20 feet of a driveway intersection. Shade Trees. Shade trees shall be planted in the parking lot at a ratio of one tree for every 4 spaces. Trees shall STREET %~-20'-'-[ 5DRIVEWAY ~ P/L VISION TRIANGLES' (CLEAR AREA OVER 2 FEET IN HEIGHT) be dispersed on a generally equal basis throughout the parking lot to maximize the shading effect on the parking stalls. The landscape planter providing for any required tree shall have a minimum area of 72 square feet and a minimum width of 5 feet. To qualify as parking lot shade trees, the trees must be within 7.5 feet of a parking space or driveway aisle and must not be located within the public right-of-way. A parking space shall not be more than 50 feet from a shade tree. The planting plans shall be submitted with the building-permit application and shall illustrate how the trees are to be irrigated and protected. The minimum size of each tree to be planted shall be a 15-gallon size. In those instances where parking is proposed underground or within a building, the tree to parking space ratio shall be 1:10. Said trees shall be planted within street-frontage planters or within other landscaped areas in the development. Parking Lot Interior Landscape. The interior of all parking lots is to be landscaped at a ratio of 60 square feet of landscape for each required parking space. For each additional space provided that exceeds the minimum parking requirement by more than 5 spaces, or 10 percent, whichever is greater, 80 square feet of landscape shall be provided for each excess space. The total required interior landscape area shall be evenly distributed throughout the parking areas. This requirement does not apply to parking lots that are underground or within buildings. Landscape areas that may be applied towards the required parking lot interior landscape area Redding Zoning Ordinance Update Fo must have a minimum dimension of 4 feet, be surrounded by or within 7.5 feet of a parking space or the aisle or pedestrian walkway serving it, or be within the required streetside landscape area adjacent to a parking space or aisle serving it. Landscape within a public right- of-way or in excess of the required streetside landscape addressed in Subsection B does not count toward meeting the minimum requirement. No more than 12 parking spaces may be constructed in a row without separating the spaces with a landscape planter. Rows of parking spaces shall be separated from adjoining driveways with landscape end islands or peninsulas that are a minimum width of 8 feet. When calculating landscape area or width minimums, the area of the protective curbing shall not be included. Pavement Edge and Planter Protection. Landscaped areas and pavement edges in all multiple-family, commercial, and industrial zones shall be protected from damage and deterioration by the placement of 64nch-high, securely anchored, continuous concrete curbs or equivalent materials which have a minimum width of 6 inches. Building Separators. Parking spaces directly abutting a building are prohibited. Parking areas shall be separated from building by a raised walkway with landscape or landscape at least 4 feet in width. Redding Zoning Ordinance Update 18.42.030 General Standards C. Maximum Number of Detached Appurtenant Signs Per Lot (pole, monument, identifier, and accessory signs). Directional Accessory Signs. Each lot is allowed 2 detached accessory signs not exceeding 6 square feet that direct on-site circulation provided that the signs do not reference products or prices. Additional accessory.directional signs may be allowed by administrative sign permit. Redding Zoning Ordinance Update 18.42.040 Standards for Certain Types of Signs Ao Accessory Signs. Accessory signs indicating prices, products, or services offered or signs with changeable copy (i.e., gas price and fast-food menu boards) shall be incorporated into the design of approved wall or detached signs; otherwise, such detached signs exceeding 6 square feet shall require an administrative sign permit, but shall not exceed 20 square feet. Each lot is allowed 2 monument-type accessory directional signs without an administrative sign permit provided that they do not exceed 6 square feet and 4 feet high. Additional directional signs may be allowed by administrative sign permit. The height and orientation of menu boards shall be designed so as not to be visible from a public street. Redding Zoning Ordinance Update 18.43.070 Drive-In and Drive-Through Facilities Any eating and drinking establishment, retail trade, bank or savings and loan, or service use providing drive-in or drive-through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and appearance in the following manner. Any drive-through facility requires a site development permit. A. Pedestrian walkways and handicap access shall not intersect the drive-through drive aisles. Bo Drive-through aisles shall meet the width, turning radii, and other requirements of Section 18.41.050, Drive-Up Facilities. Each drive-through entrance with direct connection to a street shall be at least 60 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs. Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside the public right-of-way. C. Each drive-through aisle shall provide sufficient stacking area as required by Section 18.41.050, Drive-Up Facilities. Do The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces except as allowed by Schedule 18.41.040-A of Chapter 18.41, Off-Street Parking and Loading. E° All service areas, trash storage areas, and ground-mounted and roof-mounted mechanical and utility equipment shall be screened from ground-level view from adjacent properties or public rights-of-way. Menu boards shall not exceed 20 square feet in area, with a maximum height of 6 feet, and shall face away from public rights-of-way unless located at least 35 feet from the street and adequately screened therefrom. Noise levels shall be no more than 50 decibels, 4 feet between the vehicle and the speaker, and shall not be audible above daytime ambient noise levels beyond property boundaries. Further, a drive-in or drive-through facility shall not increase the existing ambient noise levels above the standards contained in the Noise Element of the General Plan and this code. A sound level analysis shall be submitted to the Director with all development proposals which include outdoor speakers when the use is adjacent to an "R" District. All speakers shall be directed away from any "R" District. Go Drive-through facilities shall have an architectural style and project design consistent with the main building or center. The architecture of any drive-through facility shall provide compatibility with surrounding uses in terms of form, materials, color, landscape, and scale. Each drive-through aisle shall be appropriately screened with a combination of decorative walls and landscape to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots. Chapter 18.46: Parcels Nonconforming Uses, Structures, Sites, and Sections: 18.46.010 18.46.020 18.46.030 18.46.040 18.46.050 18.46.060 18.46.070 18.46.080 18.46.090 18.46.100 18.46.110 18.46.120 Purpose Nonconforming Uses Nonconforming Structures Nonconforming Sites Reestablishment of Abandoned Nonconforming Uses, Structures, or Sites Residential Structures in Office, Commercial, or Industrial Zones Nonconforming Multiple Family Dwellings Nonconforming Parcels Conformity of Uses Requiring Use Permit Previous Permits in Effect Unlawful Structures and Uses Nuisance Abatement 18.46.010 Purposes This chapter establishes uniform provisions for the regulation of legal nonconforming uses, structures, sites, and parcels. Within zoning districts established by this code, there exist structures, land uses, and parcels that were lawful prior to the adoption of this code, but which would be prohibited, regulated, or restricted differently under the use regulations and development standards of this code or future amendments. It is the intent of this chapter to discourage the long-term continuance of these nonconformities, providing for their eventual elimination, but to permit them to exist under limited conditions outlined in this chapter. This chapter also recognizes that the investments made in developed property can be substantial and that provisions for continuation of certain nonconforming uses may be desirable, particularly if it can be assured that the use does not negatively impact adjacent properties. Further, this chapter provides for the improvement of nonconforming structures and properties to reduce the blighting influence that can occur if abandoned structures cannot be reused for their designed purposes. 18.46.020 Nonconforming Uses Continuation. Legal nonconforming uses, including uses lacking permits or other entitlements, may be continued provided that such use shall not be enlarged or increased or be expanded to occupy a greater area than that occupied by the use at the time it became nonconforming. Uses lacking permits or entitlements may be enlarged upon by first securing the required permit or entitlement. B. Change to Same or Less Intensive. Legal nonconforming uses might be permitted to be changed to a different nonconforming use provided that the new use is of the same or a less ReJ~tin~ Zonin~ Ordinance Up~t~e intensive nature and provided that in each case a site development permit approved by the Board of Administrative Review shall first be obtained. Exceptions: No nonconforming use that involves the storage, use, or generation of hazardous materials, presses, products, or wastes or other activity that may be detrimental to public health or safety because of the potential to generate dust, glare, heat, noise, noxious gases, odor, smoke, vibration, or other conditions that would be incompatible with surrounding uses may be substituted for an existing nonconforming use even if the use is of the same or less intensive nature. Co Abandoned. If the legal nonconforming use ceases for a continuous period of 12 months, it shall be considered abandoned, and the subsequent use of the land shall be in conformance with the regulations specified by this tire for the district in which the land is located unless a site development permit (BAR) is granted in accordance with Section 18.46.050, Reestablishment of Abandoned Nonconforming Uses, Structures, or Sites. Do Use Ceased by Damage or Destruction. If a nonconforming use is caused to cease through damage or destruction, the subsequent use of the land shall be in conformance with the regulations specified by this code for the district in which the land is located, except that residential uses may be reestablished provided that reconstruction does not increase any previously existing nonconforming site conditions or increase the number of dwelling units on a site; see Sections 18.46.060, Residential Structures in Office, Commercial, and 18.46.070, Nonconforming Multiple Family Dwellings. 18.46.030 Nonconforming Structures Ao Continuation. Legal nonconforming structures may remain provided that such structure shall not be enlarged or altered so as to increase the discrepancy between existing conditions and the standards for front yards, rear yards, side yards, or height distances between structures and parking facilities as provided in the regulations for the district on which the structure is located. Bo Abandoned. If a legal nonconforming structure remains vacant for a continuous period of 12 months, it shall be considered abandoned and shall thereafter be removed or converted to a conforming structure with a conforming site and use unless a site development permit (BAR) is granted in accordance with Section 18.46.050, Reestablishment of Abandoned Nonconforming Uses, Structures, or Sites. The presumption of abandonment may be rebutted upon a showing, to the satisfaction fo the Director, that during such period, the owner of the structure (1) has been maintaining it and did not intend to discontinue the use and (2) has been actively marketing the structure for sale or use or (3) has been engaged in other activities evidencing an intent not to abandon the use. C. Maintenance, Repairs, and Rehabilitation. Ordinary maintenance and repairs may be made to any legal nonconforming structure. ReMing Zoning Ordinance Update De Damage or Destruction. If a legal nonconforming structure is damaged or destroyed by fire, explosion, earthquake, or other act to an extent of more than 50 percent of the current replacement cost, as estimated by the Director, it may be not be restored except in full compliance with the regulations for the zone in which it is located. Exceptions: See Section 18.46.060, Residential Structures in Office, Commercial, or Industrial Zones, and Section 18.46.070, Nonconforming Multiple Family Dwellings. 18.46.040 Nonconforming Sites Continuation. Legal uses or structures on legal nonconforming sites may continue provided that if the use or structure on the nonconforming site is enlarged or increased, it does not increase the nonconformity or introduce a new nonconformity. Bo Abandoned. If the use of a legal nonconforming site ceases for a continuous period of 12 months, it shall be considered abandoned, and the subsequent use of the land shall be in conformance with the regulations specified by this title for the district in which the land is located unless a site development permit (BAR) is granted in accordance with Section 18.46.050, Reestablishment of Abandoned Nonconforming Uses, Structures, or Sites. Co Change of Use. Uses on legal nonconforming sites may be changed to a different use without bringing the site into compliance with this code provided that the degree of nonconformity is not increased. 1. Exceptions: Any nonconforming signage on the property shall be brought into compliance with this code. bo Any discretionary permit required for the increase in the floor area of a principal building on a site by 20 percent or more shall address existing nonconformances on the site, including, but not limited to, lack of screening of mechanical or other equipment; required landscape; lack of curb, gutter, or sidewalk; and/or nonconformances that have adverse impacts to adjacent properties. The approving authority may establish a schedule for elimination of the nonconformances and may also determine those nonconformances that need not be remedied because the location of existing structures or the configuration of the site make it infeasible. Maintenance, Repairs, and Rehabilitation. Ordinary maintenance and repairs may be made to any legal structure on a nonconforming site provided that the work does not create greater nonconformances on the site. Structure Damaged or Destroyed or Use Ceased by Damage or Destruction. If a structure on a legal nonconforming site is damaged or destroyed to an extent of more than 50 percent of the replacement value thereof, the restoration of such structure or use shall be in full compliance with the requirements of this title unless a site development permit (BAR) is Redding Zoning Ordinance Update granted to continue the nonconformity; or for residential structures, the provisions of Section 18.46.060, Residential Structures in Office, Commercial, or Section 18.46.070, Nonconforming Multiple Family Dwellings, apply. The Board of Administrative Review (Board) will consider the request in light of existing neighborhood characteristics, particularly the prevalence of similar nonconformities in the area. 18.46.050 Reestablishment of Abandoned Nonconforming Uses, Structures, or Sites Not withstanding the provisions of this section regarding continuation of uses, a commercial nonconforming use, structure, and/or site which has been abandoned may be reestablished upon issuance of a use permit by the Planning Commission. The CommisSion may approve the use permit if findings "A" through"D" can be made for office, commercial, and industrial uses. Reestablishment of a residential use shall not require a use permit if the Director determines that such reestablishment will not be detrimental to residents of the structure. A. The use was a legally established use that was made nonconforming by a rezone action adopted by the City Council. B. No compliance actions are pending for violations of Building or Fire Codes on the property. C. The use is of a similar or less intensity as the previous use as determined by the Commission. D. Reestablishment of a nonconforming use will not detrimentally impact adjacent properties. The use permit may be approved subject to conditions reasonably related to making the current use or site conform with standards of the current zoning district. Such conditions may include, but are not limited to, the following: 1. Provision of parking in accordance with Chapter 18.41. 2. Installation of landscape necessary to buffer and screen parking, loading, and storage areas. 3. Property maintenance, such as painting and general cleanup. 4. Installation of fencing. 5. Ensuring conformance with the signage requirements of Chapter 18.42. 6. Minor facade or other exterior building improvements. 7. Compliance with the Building and Fire Codes. 8. Establishment of a date certain for termination of the nonconforming use. 18.46.060 Residential Structures in Office, Commercial, or Industrial Zones Continuation. Nonconforming residential structures in an office, commercial, or industrial zone may be continued as a residential use provided that no increase in the number of dwelling units or increase greater than 50 percent in the usable floor area occurs. Such residential uses are not subject to abandonment as provided elsewhere in this chapter. Re&ting Zoning Ordinance Update Bo Use Ceased by Damage or Destruction. Nonconforming residential uses destroyed by fire or other cataclysmic occurrence may be reestablished provided that: Reconstruction is consistent with building setback, height, and other development regulations of the district. o The use will not be detrimental to residents of the structure as determined by the Director. 3. A building permit for reconstruction is issued within 24 months of destruction. If these standards cannot be met, a site development permit shall be required before commencement of reconstruction. 18.46.070 Nonconforming Multiple Family Dwellings Multiple-family dwellings or dwelling groups (2 or more attached or detached dwelling units on a lot) exceeding the allowable density of the district in which they are located that are involuntarily damaged and/or destroyed may be rebuilt with the same number of dwelling units provided that the following conditions are met: A. Two to four dwelling units. Preexisting site nonconformances shall not be increased beyond those existing prior to destruction of the dwelling(s). Five or more dwelling units. Rebuilding conforms to the parking, height, setback, open space, and other provisions of this code. A site development permit is required ff these standards cannot be met, but in no case shall any site nonconformities be increased beyond those that existed prior to destruction of the dwelling(s). C. A building permit for reconstruction is issued within 24 months of destruction. To facilitate implementation of the policies of the Housing Element of the General Plan, multiple- family dwellings or dwelling groups exceeding the allowable density of a district in which they are located may be substantially reconstructed or may be voluntarily destroyed and rebuilt if such action is authorized under a City of Redding housing rehabilitation or Redevelopment Agency program for ownership or rental by persons of low or moderate income and providing that the provisions of Items "A" or "B" above are met. 18.46.080 Nonconforming Parcels A nonconforming parcel of record that does not comply with the access, area, or width requirements of the zoning district in which it is located shall be considered to be a legal building site ff it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following: A. Approved Subdivision. The parcel was created through a recorded subdivision map, or a certificate of compliance has been issued. Redding goning Ordinance Update Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the land use regulation that made the parcel nonconforming. Variance or Lot Line Adjustment. The parcel was approved through the variance procedure (Chapter 18.16, Variances) or resulted from a lot line adjustment in compliance with Title 17 (Subdivisions) of the Redding Municipal Code. Do Partial Government Acquisition. The parcel was created in compliance with the provisions of this code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity. Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area, setbacks, and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this code or in any way that makes the use of the parcel more nonconforming. 18.46.090 Conformity of Uses Requiring Use Permit Any use existing at the time of adoption or amendment of this code in any zoning district that allows the use subject to the granting of a site development permit or use permit shall be deemed a conforming use if there is no use permit, but only to the extent that it previously existed, including maintaining the same site area boundaries, gross floor area, and hours of operation. Any expansion or change in the intensity of the use requires a site development permit or use permit as required by this code. 18.46.100 Previous Permits in Effect Any use in existence by virtue of a permit issued in compliance with the regulations in effect at the time of application for any land use activity which, under the new regulations is not allowable, may continue, but only in compliance with the provisions and terms of the original permit. 18.46.110 Unlawful Structures and Uses Structures and uses that did not comply with the applicable provisions of this code or the regulations in effect when the structures or uses were established are violations of this code and are subject to revocation. No right to continue occupancy of property containing an illegal structure or use is granted by this chapter. The activity shall not be lawfully allowed to continue unless or until all entitlements required by the Redding Municipal Code are first obtained. 18.46.120 Nuisance Abatement In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the City in compliance with Title 15, Abatement, of the Redding Municipal Code. Redding Zoning Ordinance Update 18.60.020 Residential Use Classifications Residential Housing Types. Single Family Housing. One dwelling unit, detached or attached, located on a single Itt. Includes manufactured housing. Two.Family Dwelling (Duplex). A single building that contains 2 dwelling units, or a single lot with 2 freestanding buildings, each of which is designed for occupancy by one household. Manufactured Housing Park. Manufactured housing in a planned development with common area amenities. Spaces for mobile homes may be rented or owned. Multiple Family Residential. Three or more dwelling units on a site or lot. Types of multiple- family dwellings include a variety of styles townhouses, garden apartments, and high-rise apartment buildings. Transitional housing facilities are also included provided that the residential density of the facility is consistent with that of the surrounding neighborhood. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, dormitories, and private residential clubs, but excludes residential hotels. Family Day Care. A day-care facility located in a single-family residence where an occupant of the residence provides care and supervision for children. Small Family. A facility which provides care for 6 or fewer children. Large Family. A facility which provides care for 7-12 children. Residential Care, Limited. Twenty-four-hour nonmedical care for 6 or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California.