Elk Valley
Indian Rancheria Ordinance No. 01-08
AN
ORDINANCE OF THE TRIBAL COUNCIL FOR THE ELK VALLEY RANCHERIA ADOPTING
ZONING AND LAND USE REGULATIONS FOR THE ELK VALLEY INDIAN RANCHERIA
Zoning and Land Use Ordinance -- Chapters 56-84 [Part
3]
[Chapter
Listing]
ZONING AND LAND USE ORDINANCE
CHAPTER 56 - YARD AND HEIGHT EXCEPTIONS
AND MODIFICATIONS
Sections:
56.010
Purpose.
56.020 Height limits.
56.030 Front yard.
56.040 Accessory structures--Generally.
56.050 Accessory structures--Generally.
56.060 Side yards.
56.070 Rear yard exceptions and modifications.
56.080 Projections into required yards.
56.010 Purpose. This chapter shall clarify and recognize
logical and acceptable standards for encroachments into required yards,
and height restrictions. The requirements specified within this ordinance
shall be subject to the terms of this chapter.
56.020 Height limits. Height limitations set forth
elsewhere in this ordinance shall not apply to:
A. Barns,
silos or other farm buildings or structures on farms, provided these
are not less than fifty feet from, every lot line; church spires,
belfries, cupolas and domes; monuments, water towers, fire and hose
towers, observation towers; distribution and transmission lines, towers
and poles; windmills, chimneys, smokestacks, flagpoles, radio towers,
masts and aerials; parapet walls extending not more than four feet
above the limiting height of the buildings; and outdoor theater screens,
provided such screens contain no advertising matter other than the
name of the theater;
B. Places
of public assembly in churches, schools and other permitted public
and semipublic buildings, provided that these are located on the first
floor of such buildings; and provided further, that for each one foot
by which the height of such building exceeds the maximum height otherwise
permitted in the district, its side and rear yards shall be increased
in width or depth by an additional foot over the side and rear yard
required for the highest building otherwise permitted in the district;
C. Bulkheads,
elevators,penthouses, water tank monitors and scenery lofts, provided
no linear dimension of any such structure exceeds fifty percent of
the corresponding street lot line frontage; or towers and monuments,
fire towers, hose towers, cooling towers, grain elevators, gas holders,
or other structures where the manufacturing process requires a greater
height; provided, however, that all such structures above the heights
other wise permitted in the district shall not occupy more than twenty-five
percent of the area of the lot and shall be distant not less than
twenty-five feet in all parts from every lot line not a street lot
line.
56.030 Front yard. The following exceptions and modifications
shall apply to the front yard requirements provided in this ordinance.
A. In
any R district, where the average depth of at least two existing front
yards on lots within one hundred feet of the lot in question and within
the same block front is less or greater than the least front yard
depth prescribed elsewhere in the ordinance, the required depth of
the front yard on such lot may be modified. In such case, the front
yard shall not be less than the average depth of the existing front
yards, or the average depth of existing front yards on the two lots
immediately adjoining, or in the case of a corner lot, the depth of
the front yard on the lot immediately adjoining; provided, however,
that the depth of a front yard on any lot shall be at least ten feet
and need not exceed twenty-five feet.
B. In
any R district where the natural grade of a lot within the required
front yard has an average slope, normal to the front lot line at every
point along such line, of such a degree or percent of slope that it
is not practicable to provide a driveway with a grade of twelve percent
or less to a private garage conforming to the requirements of this
ordinance, such garage may be located within such front yard, but
not be in any case closer than six feet to the street line.
C. Where
the building setback lines shown on a final re corded subdivision
map approved by the Council in accordance with an ordinance adopted
by the Council provide for a different front yard than required in
this ordinance, then the front yard shall be as shown by the setback
lines on the final map.
56.040 Accessory structures--Generally. Accessory structures
shall meet the following requirements:
A. Attached
or Detached Construction. An accessory structure may be erected detached
from the main building, or may be erected as an integral part of the
main building, or it may be connected therewith by a breeze way or
similar structure.
B. Attached
to Main Building. An accessory structure (not including a patio structure)
attached to the main building shall be made structurally apart and
have a common wall with the main building, and shall comply in all
respects with the requirements of the ordinance applicable to the
main building.
C.
Corner Lots. No accessory structure within twenty-five feet of
the common property line on a reverse corner lot shall be placed any
closer to the side street property line than the required front yard
of the adjoining lot, and in no case shall any part of such accessory
structure be nearer to the side street lot line than the least width
of the side yard required for the main building to which it is accessory.
D. Dwelling
Use Restricted. Accessory structures shall not be used for dwelling
purposes.
E. Lot
Coverage. Accessory structures shall not exceed thirty percent of
the area of the minimum required rear yard.
56.050 Accessory structures--Side and rear yards.
The following exceptions and modifications shall apply to the side and
rear yard requirements:
A. Yard
Requirements. Unless an accessory structure is attached to the main
structure, it shall be located at least six feet from any structure
on the same lot. A detached accessory structure, except for accessory
storage structures of one hundred square feet or less as specified
in G below, shall be located no closer than three feet of any interior
lot line.
B. Patios
and decks not more than thirty inches above grade may be located in
side and rear yards to within three feet of any interior lot line.
C. Patio
structures may encroach into required rear yards to within ten feet
of the rear lot line.
D. Additions
to non-conventional principal residential structures may encroach
into required rear or side yards or patio areas.
E. Patio
structures for non-conventional principal residential structures may
encroach to within three feet from any lot line, provided that there
remains an open space equal to seventy percent of the otherwise required
yard area into which such encroachment is made.
F. Lath-covered
structures for non-conventional principal residential structures may
encroach to within three feet from the property line, provided that
the lath cover is uniformly open.
G. Exceptions.
A detached accessory structure may be located, closer than three feet
of any interior side or rear property line in a residential district,
provided that the following conditions are met:
1.
It shall be located at least six feet from any structure on the
same lot;
2.
It shall not exceed a maximum overall height of six feet, six inches;
3.
It shall be limited to a maximum gross floor area of one hundred
square feet;
4.
Fire-resistive materials shall be installed and a necessary permit
obtained in accord with any building code hereinafter adopted by
the Council.
56.060 Side yards. The following exceptions and modifications
shall apply to the side yard requirements provided in this ordinance:
A. A
side yard along the side street lot line of a corner lot shall have
a width of not less than one-half of the required depth of the front
yard.
B. Where
the building setback lines shown on a final recorded subdivision map
provide for a different side yard on a corner lot than required in
this chapter, then the side yard shall be shown by setback lines on
the map.
56.070 Rear yard exceptions and modifications. The
following are exceptions and modifications shall apply to the rear yard
requirements provided herein:
A. Covered
patios in residential districts may encroach into otherwise required
rear yards to within ten feet of the rear lot line, provided that
there remains an open area equal to one hundred and twenty percent
of the area obtained by multiplying the otherwise required rear yard
dimension by the lot width.
B. In
no instance shall the combined square footage of both accessory structures
and building additions occupy more than thirty percent of the required
rear yard.
C. No
additional projecting into the required rear yard shall exceed one
story in height.
D. Corner
and Reverse corner Lots. Garages or carports attached to a main structure
may encroach into a required rear yard to within five feet of a rear
property line, provided that the additional and any other structure
does not occupy more than thirty-five percent of the required rear
yard, and provided further that all applicable building and fire codes
hereinafter adopted by the Council are complied with.
56.080 Projections into required yards. Certain architectural
features may project into any required front yard, rear yard, or required
side yard as follows:
A. Cornices,
canopies, eaves, or other similar architectural features, may project
a distance not exceeding two feet;
B. Porches,
stairways and landings, when they serve as a required means of egress
from any structure, may project a distance not to exceed three feet;
C. An
uncovered stair and necessary landings may project a distance not
to exceed three feet, provided such stair and landing shall not extend
above the entrance floor of the building, except for a railing not
exceeding three feet, six inches in height;
D. Bay
window, balconies and chimneys may project a distance not exceeding
two feet, provided that such features do not occupy, in the aggregate,
more than one-third of the length of the building wall on which they
are located.
CHAPTER 58 - FENCES AND HEDGES
Sections:
58.010
Purpose.
58.020 General height limitations.
58.030 Special height limitations.
58.040 Fencing material provisions.
58.050 Fences on lots used for commercial, industrial or institutional
purposes.
58.010 Purpose. The purpose of this chapter is to provide
standards for the height of fences and hedges.
58.020 General height limitations.
A. Except
as provide in Section 58.050, no fence shall be erected, altered or
place, and no hedge shall be allowed to grow so as to exceed a height
of eight feet in the required rear yard or required side yard lot.
B. Except
as provided in sections 58.030 and 58.050 no fence shall be erected,
altered or places, and no hedge shall be allowed to grow so as to
exceed the height of forty-eight inches in the required front yard
of a lot.
58.030 Special height limitations. Notwithstanding
the general height limitations on fences and hedges imposed by Section
58.020, the following more restrictive height limitations imposed by
this section shall be applicable to the special circumstances described
herein:
A. Corner
Lots:
1.
On corner lots (including reversed corner Lots), no fence or hedge
exceeding forty-eight inches in height shall be erected, altered,
placed or allowed to grow within five feet of the side street lot
line;
2.
On corner lots, within the triangular area bounded by the street
lot lines and a line connecting such street lot lines twenty feet
from their intersection, no fence, hedge or other obstruction shall
be erected, altered, place or allowed to grow so as to exceed a
height of thirty inches above the elevation of the top of the curb;
B. Multiple
Dwellings. Private open space enclosures for multiple dwellings in
yard areas adjacent to streets shall not be erected, altered or placed
so as to exceed a height of six feet, except that any fence erected
within five feet of a street property line shall not exceed four feet.
58.040 Fencing material provisions.
A. Fences
With Finished Appearances. A fence adjacent to a public right-of-way
which is designed with a finished appearance on one side shall be
oriented so that the finished side faces such right-of-way.
B. Barbed
Wire: Pointed and Electrically Charged Materials. No barbed wire,
other sharp-pointed material, or electrically charged material shall
be used in the construction of a fence unless said material is at
least eight feet above the ground level, except where used to contain
livestock.
58.050 Fences on lots used for commercial industrial or institutional
purposes. Notwithstanding the general height limitation
of Section 58.020, the following less-restrictive height and locational
limitations shall apply to fences used for the purposes described herein:
A. Fences,
Commercial and Industrial Lots. Open fences not in excess of ten feet
in height may be erected on lots principally used for commercial or
industrial purposes in any required rear or side yard, except where
such yard abuts upon a street.
B. Fences,
Agricultural Lots. On lots principally used for agricultural purposes,
open fences in excess of four feet in height and less than six feet
in height may be erected in any required yard where necessary for
confinement of livestock or for security reasons.
C. Open
Fences; Athletic and Institutional Facilities. Open fences which enclose
school grounds, play grounds, tennis courts, swimming pools or other
areas which are used for athletic purposes may exceed the height and
location limitations of this chapter with the approval of the planning
commission.
CHAPTER 60 - LANDSCAPING
Sections:
60.010
Purpose.
60.020 Landscaping--Requirements.
60.030 Landscaping -Materials.
60.010 Purpose. The purpose of the chapter is to set
minimum standards for landscaping required for the development of industrially
and commercially zoned lands.
60.020 Landscaping--Requirements.
A. The
required front yards for R-3, industrial and commercial zones, shall
be landscaped, except for needed walkways and driveways, with a minimum
of two square feet per foot of street frontage.
B. Required
landscaping shall be visible from a public street.
60.030 Landscaping--Materials. All landscaping required
by this ordinance shall meet the following standards:
A. Materials.
Landscaping shall include the planting and maintenance of some combination
of trees, ground cover, shrubs, vines, flowers or lawns, with the
plant materials consisting of native species and/or drought-resistant
plants. In addition, the combination or design may include natural
features such as rock and stone, and structural features including
but not limited to fountains, reflecting pools, art work, screens,
walls and fences.
B. Timing
and Maintenance. All required plantings shall be in place prior to
use or occupancy of new buildings or structures. All required plantings
shall be maintained in good growing condition, and whenever necessary,
shall be replaced with new plant materials to ensure continued compliance
with applicable landscaping, buffering and screening requirements.
All landscaping shall be maintained in a manner that will not depreciate
adjacent property values or otherwise adversely affect adjacent properties.
CHAPTER 62 - APARTMENT COMPLEX REGULATIONS
Sections:
62.010
Application.
62.020 Purpose.
62.030 General development criteria.
62.010 Application. The provisions of this chapter shall be
known as the "apartment complex regulations". These provisions
apply to uses classified as multifamily residential.
62.020 Purpose. The purpose and objective of this
chapter is to set reasonable minimum standards for the development of
well-designed apartment buildings or dwelling groups containing five
or more dwelling units.
62.030 General development criteria.
A. Interior
Access Drives. Interior private access drives shall be paved with
a minimum of two inches of asphaltic cement over six inches of compacted
base, and shall be paved to a width of not less than sixteen feet
for one-way traffic, and twenty- five feet for two-way traffic. All
corners shall have a minimum twenty-five foot radius.
B. Open
Space
1.
At least one substantial area of group usable open space shall be
provided. Such area shall:
a.
Total at least one hundred and fifty square feet per dwelling
unit; required setbacks shall not be considered open space;
b.
Be landscaped;
c.
Include outdoor recreational facilities for both active and passive
recreation.
2.
Private open space areas shall be provided as follows:
a.
Above Ground Level. Sixty square feet, the least dimension which
is seven feet;
b.
Ground Level. One hundred and twenty square feet, the lest dimension
of which is ten feet and which is enclosed by a view-obscuring
fence four to six feet in height; a "private open space" shall
be an area contiguous to the individual dwelling unit which allows
its occupants the personal use of an outdoor space; each dwelling
unit shall have at least one private open space;
c.
Refuse Storage. There shall be adequate areas provided for refuse
storage. Such refuse storage areas shall be screened from view
by a six-foot-high solid fence, and shall be no more than one
hundred feet from any residence;
d.
Access. Each apartment complex shall have direct vehicular access
from a publicly maintained street. This requirement does not apply
to the expansion of an existing apartment complex when adequate
access is obtained through the existing portion of the apartment
complex;
e.
Storage Areas. Storage areas of a minimum of fifty cubic feet
shall be provided for each dwelling unit. These shall be of a
type and design to provide secure storage, accessible from the
ground level in the vicinity of resident parking stalls.
CHAPTER 64 - MOBILE HOME PARK REGULATIONS
Sections:
64.010
Application.
64.020 Purpose.
64.030 General development criteria.
64.040 Mobile home lot development criteria.
64.010 Application. The provisions of Sections 64.010
through 64.040, inclusive, shall be known as the "mobile home park
regulations." These provisions apply to uses classified in the mobile
home park use type. (See Chapter 06, Group 2d.)
64.020 Purpose. The purpose and objective of this chapter
is to set reasonable standards for the development of well-designed
mobile home parks.
64.030 General development criteria. Development criteria
for mobile home parks includes:
A. Setbacks:
Perimeter. Mobile homes and buildings within a mobile home park shall
maintain the following setbacks:
1.
A side yard and rear yard setback of at least fifteen feet from
the exterior boundary of the mobile home park, suitably landscaped
to provide effective screening;
2.
A setback of twenty feet shall be maintained from the nearest edge
of the street right-of-way;
B. Interior
Access Drives. Interior private access drives shall be paved with
a minimum of two inches of asphaltic cement over six inches of compacted
base, and shall be paved to a width of not less than sixteen feet
for one-way traffic, twenty-five feet for two-way traffic. All corners
shall have a minimum twenty-five foot radius. Rolled concrete curb
and gutter shall be provided along all drives:
C. Open
Space.
1.
At least one substantial area of group usable open space shall be
provided. Such area shall:
a.
Total at least one hundred fifty square feet per dwelling unit;
required perimeter setbacks shall not be considered open space;
b.
Be landscaped;
c. Include outdoor recreational facilities for both active and
passive recreation;
D. Refuse
Storage. There shall be individual refuse storage and pickup for each
lot. In addition, there shall be one refuse-storage facility for every
twenty-five lots; these shall be screened from view by a six-foot-high
solid fence, and located a minimum of fifty feet from the nearest
mobile home;
E. Emergency
Access. Provisions shall be made for one emergency access from a publicly
maintained street. This requirement does not apply to the expansion
of an existing mobile home park when adequate access is obtained through
the existing portion of the mobile home park.
64.040 Mobile home lot development criteria. Development
criteria for mobile home lots includes:
A. Density
of Occupation. Each mobile home lot shall be designed to be occupied
by one mobile home and uses accessory thereto. The overall density
of the mobile home park shall conform to R3 density requirements.
B. Setback
From Interior Access Drive. Each mobile home lot shall have a front
yard setback of not less than five feet extending the entire width
of the mobile home lot. A front yard will be measured from the nearest
element of the mobile home or any mobile home accessory structure
to the closest edge of the interior access drive.
C. Side
and Rear Yard Setbacks. Each mobile home lot shall have a side and
rear yard of not less than five feet, with the exception that storage
sheds shall be set back a minimum of six inches from the rear and
side lot lines. A side or rear yard will be measured from the nearest
element of the mobile home or any accessory structure, with the exception
stated above, to the side or rear lot line respectively.
D. Access.
All mobile home lots and recreation facilities shall, have access
only from an interior access drive.
CHAPTER 66 - SUPPLEMENTAL PROVISIONS
Sections:
66.010
Purpose.
66.020 Accessory uses encompassed by principal use.
66.030 Residential uses.
66.040 Home occupation.
66.050 Conversion of dwellings.
66.060 Dwelling groups.
66.070 Temporary land uses.
66.080 Moving of buildings.
66.090 Public utility service.
66.100 Outside storage of trash.
66.110 Plan lines.
66.010 Purpose. The purpose of this chapter is to establish
the relationship between adjacent uses and surrounding land uses and
the criteria for regulating these uses.
66.020 Accessory uses encompassed by principal use. In
addition to the principal and accessory uses expressly included in the
use regulations, each zone subject to such use regulations shall be
deemed to include such accessory uses which are specifically identified
by these accessory use regulations, and such other accessory uses which
are necessarily and customarily associated with, and are appropriate,
incidental and subordinate to, such principal uses.
66.030 Residential uses. Subject to the restrictions and
limitations specified, the following accessory buildings and uses shall
be permitted in zones where residential uses exist as a principal permitted
use, conditional use, or legal nonconforming use:
A. 1.
Limited Agriculture. Incidental agricultural uses for the growth and
harvesting of products including:
a.
Raising of vegetable and flow gardens and the harvesting of fruit
and nut bearing trees,
b.
Greenhouses for the propagation of plants, not to exceed two hundred
square feet in size;
2.
Limited agriculture does not include the raising, breeding or keeping
of any livestock on the premises other than household pets as defined
in subsection B;
3.
No sale of any agricultural products is permitted;
B. Household
Pets. Animals or fowl ordinarily permitted in the house and kept for
pleasure or company and not for profit, such as dogs, cats or canaries,
but not more than two dogs, four months of age or older, and not to
exceed three cats six weeks of age or older. Household pets may also
include not more than twelve chinchillas, twelve hamsters, twelve
white mice or other laboratory animals; provided, that not more than
four kinds of household pets may be kept for any dwelling unit at
any one time;
C. Small
Animals. Not more than six adult rabbits and/or hares, and domestic
fowl (hens only), providing not more than twelve of any one combination
of such animals, and fowl may be maintained on a parcel;
D. Private
Garage. An accessory building or portion of a main building designed
for the storage of self-propelled passenger vehicles, camping trailers
or boats belonging to the owners or occupants of the site;
E. Children's
playhouses, patios, porches, gazebos, etc.,
F. Radio
and television receiving antennas;
G. Boarding
of one or two individuals;
H. Vehicle
and Equipment Repairs or Fabrication. Repair, fabrication or other
work on automobile, other vehicles or equipment on residential premises
shall be subject to the following conditions and restrictions:
1.
such work shall be limited to those vehicles or equipment which
may, be stored within a private garage upon residential premises,
2.
Such work shall be done only upon such vehicles or equipment which
are owned by an occupant of the residential premises,
3.
Such work shall be done only between the hours of eight a.m. and
ten p.m.
4.
Such work shall not be done in a public right-of- way,
5.
Storage of parts for such vehicles or equipment on the premises
shall be limited to those parts reasonably necessary for repair
of the occupant's vehicle or equipment. Parts which cannot be conveniently
located within an enclosed structure shall be screened from view
from the public way and adjacent property, and may not occupy any
required open space prescribed elsewhere in this ordinance,
6.
Notwithstanding anything to the contrary herein, no such work shall
be permitted which creates a nuisance, as defined by any ordinance
enacted by the Council, or which otherwise tends to deteriorate
the environment, peace, tranquillity and quiet enjoyment of the
residents in the surrounding neighborhood, and
7.
Flammable liquids shall not be used in any building or residential
premises in connection with such work, and no welding or torch cutting
may be done anywhere on such premises except by permit obtained
from the fire marshal. All such work will be conducted in conformance
with the applicable provisions of the uniform fire code.
66.040 Home occupation.
A. A
home occupation shall be defined as an activity which is clearly incidental
and secondary to the use of a dwelling for residential purposes.
B. Home
occupation shall be permitted only after a home occupation permit
has been issued by the planning director, and a business license secured
from the Secretary of the Council.
C. A
home occupation shall not change the residential character of either
the dwelling or the surrounding neighborhood.
D. A
home occupation shall be conducted entirely within a dwelling, and
shall not be permitted in any accessory structure or within any yard
space.
E. A
home occupation shall be operated and maintained only by a resident
of the dwelling in which such home occupation occurs, and, there shall
be no employees.
F. A
home occupation shall not have a separate entrance from outside a
dwelling.
G. A
home occupation shall not involve the use of more than one room or
fifty percent of the ground floor area of a dwelling unit, whichever
is greater.
H. A
home occupation shall not utilize mechanical or electrical equipment
except that which is customary for purely domestic or hobby purposes.
I. No
home occupation shall be operated in such a manner as to cause offense
noise, vibration, smoke, or other particulate matter, odorous matter,
heat, humidity, glare, electronic interference, or constitute a nuisance
or safety hazard.
J. No
wholesale, jobbing, or retail business shall be permitted unless it
is conducted entirely by mail and/or telephone; provided, however,
that articles produced by the members of the immediate family residing
on the premises may be sold upon the premises.
K. No
outdoor storage of materials used to conduct a home occupation shall
be permitted.
L. A
home occupation shall not be permitted to generate vehicular traffic
and parking beyond that normal to the zoning district in which it
is located.
M. No
sign, nameplate, or any other form of advertising shall be displayed
on the premises in connection with any home occupation.
N. In
no event shall a home occupation be interpreted to include an animal
hospital or kennel; automobile and/or body and fender repairing; barber
or beauty shop; business, dance or music school; doctor or dentist
office; mortuary; private club; repair shop or service establishment;
or restaurant or tourist home.
66.050 Conversion of dwellings. The conversion of any
building into a dwelling or the conversion of any dwelling so as to
accommodate an increased number of dwelling units or households shall
be permitted only within a zoning district in which a new building for
similar occupancy would be permitted in accordance with the provisions
of this chapter. Further, such a conversion shall be permitted:
A. Only
after a, zoning site plan review or conditional use permit has been
obtained;
B. Only
when the resulting occupancy will comply with the requirements governing
new residential construction in the affected zoning district with
respect to minimum requirements for lot size, setbacks, off-street
parking, etc.
66.060 Dwelling groups. The following minimum distances
between main or principal buildings in a dwelling group shall be as
follows:
A. Minimum
distance of twenty feet between one story parallel buildings, and
thirty feet between two story parallel buildings, within increase
of six feet of further separation for each additional story of building
height.
B. Minimum
distance of twelve feet between one or two story buildings in a single
row, with an increase of six feet of further separation for each additional
story of building height.
66.070 Temporary land uses.
A. Pow
Wows, carnivals, circuses, fairs, festivals, animal displays, amusement
rides, and other similar gatherings shall be permitted in any nonresidential
zoning district for a maximum ten day period of time upon the approval
of a zoning permit application by the planning director.
B. Temporary
sales offices, those which are open to the general public, shall be
permitted within a residential subdivision for a maximum one-year
period of time by the planning director.
1.
If such offices are detached and separate from a dwelling group,
for instance, a mobile home which has been converted for sales office
purposes, they shall be located at least one hundred feet from an
existing residential dwelling unit, and, shall be connected to on-site
water and sewer utility hook-ups.
C. Christmas
tree sales lots shall be permitted only within the administrative
office (CO) , community commercial (C1), and heavy commercial (C2)
zoning districts. Further:
1.
Such lots shall be permitted to be established by the planning director
only between Thanksgiving and New Years;
2.
Such lots shall be restricted only to the sale of Christmas trees;
3.
Such lots shall be permitted to display signs only in accordance
with the provisions of this ordinance.
D. Seasonal
uses including the temporary display and sale of crop, fruits or vegetables
shall be permitted in the administrative office (CO), community commercial
(C1), and heavy commercial (C2) zoning districts by the planning director.
Further, such uses shall:
1.
Be permitted for no more than four nonconsecutive seven-day periods
in a calendar year;
2.
Such uses shall be permitted to display signs only in accordance
with the provisions of this ordinance.
E. Peddlers
and hawkers shall be permitted business uses in all zoning districts
by the planning director. Further, such businesses shall:
1.
Be permitted for no more than four nonconsecutive seven-day periods
in a calendar year;
2.
Such uses shall be permitted to display signs only in accordance
with the provisions of this ordinance.
F. Temporary
construction offices shall be permitted for a maximum one-year period
of time by the planning director.
G. Temporary
commercial and administrative office buildings may be permitted for
a maximum two-year period of time only upon approval of a conditional
use permit application by the planning commission.
66.080 Moving of buildings.
A. No
buildings whether now in use or formerly used for residential, commercial,
or industrial purposes, shall be permitted to be physically moved
from a lot within the Rancheria, or, from a lot outside the Rancheria
to a lot within the Rancheria, unless said building and its placement
on a lot of record can meet all of the minimum provisions of the zoning
district in which it is to be located.
B. Upon
the filing of a zoning permit application to move a building, the
planning director shall refer said application to the building official.
He/she shall then be responsible for making an inspection of the building
to be moved, and prepare a report concerning the integrity of such
building and any improvements which will be required to be made. The
building official may recommend denial of a zoning permit if, in his/her
opinion, the construction, age, or condition of the building to be
moved raises doubts as to its structural integrity, or, if the proposed
building to be moved is sufficiently heavy to cause damage to any
street or pavement within the Rancheria.
C. Prior
to issuing a zoning permit, the planning director shall determine
that the moving of said building will have no detrimental effect on
the living environment of the surrounding neighborhood, or upon the
property values in said neighborhood.
66.090 Public utility service. Public utility, services
are uses associated with minor public utility service. These uses shall
be permitted in all zoning districts, provided that the utility services
available service the neighboring area only:
A. Electrical
distribution lines;
B. Minor
incidental appurtenances to utility lines;
C. Sewer
lines;
D. Telephone
lines;
E. Water
or gas pipes, mains and conduits.
66.100 Outside storage of trash.
A. With
the exception of single-family detached, duplex and triplex residences,
all outdoor storage facilities for fuel, raw materials, trash and/or
waste products shall be enclosed by a four-sided screened fence or
wall, or combination thereof, so as to completely conceal such matter
from surrounding land uses.
B. All
outside areas used for the storage of trash shall be constructed with
a concrete floor and curb.
C. In
no case shall such facilities be permitted to be placed within a required
front yard.
D. All
trash enclosure areas shall be surrounded by a five-foot-high fence
or wall.
66.110 Plan lines. Whenever an official plan line has
been established for any street, required yards shall be measured from
such a line.
CHAPTER 68 - ADULT ENTERTAINMENT REGULATIONS
Sections:
68.010
Findings and purpose.
68.020 Definitions.
68.030 Applicability.
68.040 Special regulations.
68.050 Wavier of locational provisions.
68.010 Findings and purpose. The council finds that adult
entertainment businesses are recognized on the Rancheria as objectionable
because of their very nature; that concentrations of such businesses
tend to have a deleterious effect on adjacent, areas and neighborhoods;
and that special regulation of such businesses is therefore necessary
to prevent the blighting and downgrading of adjacent areas. The purpose
of this chapter is to prevent clustering of adult entertainment businesses
and to prevent their location near residential areas and uses.
68.020 Definitions. As used in this ordinance and
chapter, the following terms have the following meanings:
A. "Adult
book store" means an establishment having as a substantial or
significant portion of its stock in trade books, magazines or other
periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas, or an establishment having an area
or section devoted to the sale or display of such materials.
B. "Adult
entertainment business" means a business or establishment which
offers services or entertainment to its patrons characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, including but not
limited to any one or more of the businesses described in this section.
C. "Adult
hotel" or "adult motel" means a hotel or motel wherein material
is presented which is distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas.
D. "Adult
mini motion picture theater" means an enclosed building with
a capacity for less than fifty persons used for presenting material
distinguished or characterized by an emphasis on matter depicting
or relating to specified sexual activities or specified anatomical
areas for observation by patrons therein.
E. "Adult
motion picture arcade" means any place to which the public is permitted
or invited wherein coin or slug-operated, or electronically, electrically
or mechanically controlled still or motion picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any,one time, and where the images
so displayed are distinguished or characterized by an emphasis on
depicting or describing specified sexual activities or specified anatomical
areas.
F. "Adult
motion picture theater" means an enclosed building with a capacity
of fifty or more persons used for presenting material distinguished
or characterized by emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical areas for observation
by patrons therein.
G. "Cabaret"
means a nightclub, theater or other establishment which features live
performances by topless dancers, bottomless dancers, "go-go" dancers,
exotic dancers, strippers or similar entertainers, where such performances
are distinguished or characterized by an emphasis on specified sexual
activities or specified anatomical areas.
H. "Massage
parlor" means any establishment offering for any form of consideration
or gratuity, massages, alcohol rubs, administration of fomentations,
electric or magnetic treatments, or any other treatment or manipulation.
I. "Model
studio" means any business where, for any form of consideration or
gratuity, figure models who display specified anatomical areas are
provided to be observed, sketched, drawn, painted, sculptured, photographed
or similarly depicted by persons paying such consideration or gratuity.
J. "Sexual
encounter center" means any business, agency or person who, for any
form of consideration or gratuity, provides a place where three or
more persons, not all members of the same family, may congregate,
assemble or associate for the purpose of engaging in specified sexual
activities or exposing specified anatomical areas.
K. "Specified
anatomical areas" means and includes the following:
1.
Less than completely and opaquely covered human genitals, pubic
region, buttock, and female breast below a point immediately above
the top of the areola; and/or
2.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
L. "Specified
sexual activities" means any one or more of the following activities:
1 Actual
or simulated sexual intercourse, oral copulation, anal intercourse,
oral anal copulation, bestiality, direct physical stimulation of
unclothed genitals, flagellation or torture in the context,of a
sexual relationship, use of excretory functions in the context of
a sexual relationship, anilingus, buggery, coprophagy, corprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerisum,
sapphism, or zooerasty; or
2.
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
3.
Use of human or animal masturbation, sodomy, oral copulation, ejaculation;
or
4.
Fondling or touching of nude human genitals, pubic region, buttocks,
or female breast; or
5.
Masochism, erotic or sexually oriented torture, beating, or the
infliction of pain; or
6.
Erotic or lewd touching, fondling or other contact with an animal
by a human being; or
7.
Human excretion, urination, menstruation, vaginal or anal irrigation.
68.030 Applicability. The regulations contained in this
chapter apply to all areas, within the Rancheria where adult entertainment
businesses are allowed under this ordinance, either as principal permitted
uses or as conditional uses.
68.040 Special regulations.
A. In
any zone within the Rancheria where adult entertainment businesses
regulated by this chapter would otherwise be allowed as principal
permitted or conditional uses, it is unlawful to establish any adult
entertainment business if its location is:
1.
Within five hundred feet of any area zoned for residential use;
or
2.
Within one thousand feet of any other adult entertainment business;
or
3.
Within one thousand feet of any public or private school, park,
playground, public building, church, any noncommercial establishment
operated by a bona fide religious organization, or any establishment
likely to be used or patronized by minors.
B. As
used in this section, the term "establish any adult entertainment
business" shall include the opening of such a business as a new business,
the relocation of such business, or the conversion of an existing
business location to any adult entertainment business use.
68.050 Waiver of locational provisions.
A. Any
property owner or his authorized agent may apply to the planning commission
for a waiver of any. locational regulations contained in Section 68.040.
After proper notice and public hearing, the planning commission may
waive any such regulation only if all of the findings are made and
are supported by clear and convincing evidence:
1.
That the proposed use will not be contrary to the public interest
or injurious to nearby properties, and that the spirit and intent
of this chapter will be observed;
2.
That the proposed use will not enlarge or encourage the development
of a "blighted" area;
3.
That the establishment of an additional regulated use in the area
will not be contrary to any program of neighborhood revitalization
or renewal; and
4.
That all applicable regulations of this ordinance will be observed.
B. The
procedure for hearing before the planning commission permitted under
subsection A shall be the same as that provided in Chapter 74 of this
ordinance with, among other matters, the same notice requirements,
the same right to appeal to the council and the same fees payable
by the applicant.
CHAPTER 70 - SITE PLAN REVIEW
Sections:
70.010
Purpose.
70.020 Site plan review requirement.
70.030 Application.
70.040 Planning commission findings and conditions.
70.050 Planning commission decision.
70.060 Appeal to the council.
70.070 Revisions to approved site plan.
70.080 Required street dedications and improvements.
70.090 Building permits.
70.010 Purpose. The purposes of site plan review are
to enable the planning commission to make a finding that a proposed
development is in conformity with the intent and provisions of this
ordinance and to guide staff in the issuance of building permits.
70.020 Site plan review requirement. A site plan will
be submitted to the planning commission for approval in accordance with
the provisions of this chapter before a building permit is issued for
applications involving new construction, additions or structural alterations
in all zoning districts.
70.030 Application. The applicant shall submit ten
prints of the site plan to the planning director. The site plan shall
be drawn to scale and shall indicate clearly and with full dimensions
the following information:
A. The
lot dimensions;
B. All
buildings and structures and their location, elevation, size, height
and proposed use;
C. The
yards and spaces between buildings;
D. Walls
and fences and their location, height and materials;
E. Off-street
parking, including the location, number of spaces, dimensions of the
parking area, and internal circulation pattern;
F. Pedestrian,
vehicular and service access; points of ingress and egress; and internal
circulation;
G. Signs
and their location, size and height;
H. Loading,
including the location, dimensions, number of spaces and internal
circulation;
I. Lighting,
including the location, general nature and hooding devices, if any;
J. Street
dedications and improvements, as provided in Section 70.090;
K. Drainage
improvements;
L. Landscaping,
including the location, and type;
M. Fire
prevention equipment and measures, including the location and type;
N. Such
other data as may be required to permit the planning commission to
make the required findings.
70.040 Planning commission findings and conditions.
A. Within
fifteen days after submission of a complete site plan application,
the planning commission shall approve, approve with such conditions
as set forth in this section, or disapprove the site plan. In approving
the site plan, the planning commission shall find that:
1.
All the applicable provisions of this ordinance are complied with;
2.
The following are so arranged that traffic congestion is avoided
and pedestrian and vehicular safety and welfare are protected, and
there will be no adverse effect on surrounding property:
a.
Facilities, improvements and utilities,
b.
Vehicular ingress, egress and internal circulation
c.
Setbacks,
d.
Height of buildings,
e.
Location of service use areas,
f.
Walls,
g.
Landscaping;
3.
The proposed lighting is so arranged as to deflect the light away
from adjoining properties;
4.
The proposed signs will not by size, location, or lighting interfere
with traffic or limit visibility;
5.
That any conditions of approval are deemed necessary to protect
the public health, safety and welfare. Conditions may include the
following:
a.
Requiring special yards, spaces and buffers,
b.
Requiring fences and walls,
c.
Requiring enclosure of storage areas and limitation on out-of-door
display of merchandise,
d.
Requiring grading, surfacing and drainage improvements, egress,
e.
Regulation of points of vehicular ingress and
f. Regulation of signs,
g.
Requiring landscaping and maintenance thereof,
h.
Requiring maintenance of grounds,
i.
Requiring fire prevention equipment and measures,
j. Regulation of noise, vibration, odors, electrical discharge,
or interference,
k.
Regulation of lighting.
l.
Requiring street dedications and improvements, subject to the
provisions of Section 70.090,
m.
Such other conditions as could make possible the development of
the Rancheria in an orderly and efficient manner and in conformity
with the intent and purposes set forth in this chapter.
B.
In making such findings, the planning commission shall consult with
other tribal or Bureau of Indian Affairs personnel as appropriate
to assure that approvals will be consistent with established legislative
policies relating to traffic safety, street dedications, street
improvements and public safety.
70.050 Planning commission decision. The decision
of the planning commission shall be final unless appealed to the council
in accordance with the procedure specified in Section 70.060. The planning
commission shall cause a copy of the site plan, with their decision
and any conditions shown thereon or attached thereto, to be mailed to
the applicant within ten days of the adoption thereof.
70.060 Appeal to the council.
A. Procedure.
The applicant may appeal the decision of the planning commission to
the council by setting forth in writing the reasons for such appeal.
Such appeal shall be filed with the secretary of the council within
ten days after the date of mailing as shown by the postmark on the
papers mentioned in Section 70.050. The appeal shall be placed on
the agenda of the council's next regular meeting after the appeal
is filed; provided, however, that if the appeal is filed within ten
days of the next regular meeting of the council, the appeal shall
be placed on the agenda of the council's second regular meeting following
the decision of the planning commission. The council may affirm, reverse,
or modify a decision of the planning commission; provided, however,
that if a decision denying a site plan is reversed or a decision granting
a site plan is modified, the council shall, on the basis of the record
transmitted, and such other evidence as may be submitted, make the
findings prerequisite to the approval of a site plan as prescribed
in Section 70.040.
B. Decision.
The decision of the council shall be final. The council shall cause
a copy of the site plan, with its decision and any conditions attached
thereto, to be mailed to the applicant within ten days of the adoption
thereof.
70.070 Revisions to approved site plan. Revisions
by the applicant to an approved site plan shall be made pursuant to
the procedure set forth in this chapter.
70.080 Required street dedications and improvements. Because
of changes that may occur in a local neighborhood within the Rancheria
due to increases in vehicular traffic generated by facilities requiring
site plan review, and upon the principle that such developments should
be required to provide street dedications and improvements as near as
practicable in proportion to such increased vehicular traffic, but should
not be required to provide such street facilities for nonrelated traffic,
the following dedications and improvements may be deemed necessary by
the commission and may be required as a condition to approval of any
site plan:
A. When
development borders or is traversed by an existing street:
1.
Local streets and Cul-de-sacs. Widen and pave any existing
street or road to its ultimate width as established by the council
by ordinance; install curbs, gutters, drainage, sidewalks, street
trees, street signs, street lights, required utilities and grade
and improve from curb to any existing pavement;
2.
Arterial and Collector Streets. Set back all facilities the
required distance from ultimate property line as established by
the council by ordinance; dedicate all necessary rights-of-way to
widen the street to its ultimate width as established by any precise
plan or where the ultimate right-of-way lines are otherwise determinable
and the grades have been established or can be determined; install
curbs, gutters, drainage facilities, sidewalks, street trees, street
signs, required utilities, and grade and improve the shoulder and
one traffic lane abutting the development. In no case shall a person
be required to dedicate or improve, the right-of-way for a distance
in excess of thirty feet as measured from the ultimate right-of-way
line;
3.
Major Thoroughfares. Set back all facilities the required
distance from the ultimate property line in accordance with the
standards established by the council by ordinance; install curbs,
gutters, drainage facilities, sidewalks, street trees, street signs,
street lights and required utilities. No other dedications or improvements
are required.
B. All
frontage roads or new roads of any class made necessary by the development
shall be dedicated and fully graded and improved with curbs, gutters,
drainage, sidewalks, street trees, street signs, street lights, required
utilities, grading and paving; provided, that where the street involved
is indicated as an eventual major street or major thoroughfare upon
any general plan adopted by the council, the amount of grading and
paving shall not exceed that required for such existing streets under
subsection A2 of this section. Where a frontage road is provided and
improved, the improvements in subsection A2 of this section will not
be required.
C. All
improvements shall be to standards adopted by the council by ordinance.
70.090 Building permits. Before a building permit
shall be issued for any building or structure that is subject to site
plan review, the commission shall determine that:
A. The
proposed building is in conformity with the site plan and conditions
approved by the planning commission; and
B. All
required dedications have been recorded; and
C. A
letter has been furnished by the applicant from all appropriate utilities
that all necessary utilities will be installed and that the utility
companies will conform to all tribal ordinances; and
D. All
required on-site (within the development area) and off-site (outside
the development area) improvements shall have either been completed
or, if not completed, the permittee shall have entered into an agreement
with the Tribe to complete the work within one year from the date
of the issuance of the permit. The commission may extend the completion
date for one additional six-month period upon written request of the
permittee, upon a showing of good cause therefor. Such an agreement
shall be secured either by cash deposit with the Tribe, cash deposited
in irrevocable escrow approved by the commission, or other financial
security approved by the commission as the equivalent thereof. Such
security shall be in the amount of one hundred percent of the estimated
cost of completion to be determined by the commission. In the event
such work is not completed with the period provided, or any extension
thereof, the Tribe shall be authorized to take all necessary action
to enforce the agreement, including the use of the security to cause
the completion of all required improvements. Moneys deposited with
the Tribe or in escrow may be partially released to the depositor
by the commission during the progress of the work, so long as the
same ratio of security is maintained on the deposit to secure all
uncompleted work.
CHAPTER 72 - NONCONFORMING USES AND STRUCTURES
Sections:
72.010
Purpose.
72.020 Continuing existing use.
72.030 Conditional use.
72.040 Maintenance and repairs.
72.050 Abandoned use or building.
72.060 Additions, extensions, enlargements and moving.
72.070 Change of use.
72.080 Restoration of damaged structures.
72.090 Change of zones.
72.010 Purpose. To regulate, reduce, or eliminate
conflicts arising from the presence of any zoning district of land,
uses or structures which do not correctly conform to the requirements
of this chapter.
72.020 Continuing existing use. Any use, building, or
structure, existing at the time of the enactment of this chapter, which
does not conform with the provisions of this chapter for the zone in
which it is located shall, be deemed to be a nonconforming use and may
be continued except as hereinafter specified.
72.030 Conditional uses. Any use legally existing
on the effective date of the ordinance codified in this chapter which
is listed as a conditional use in the zone where located, shall be and
remain a nonconforming use until a conditional use permit is obtained
as provided in this chapter.
72.040 Maintenance and repairs.
A. Ordinary
nonstructural repairs, alterations or maintenance may be made to a
nonconforming structure as required to keep it in sound condition;
provided, that such maintenance and repair does not exceed fifty percent
of the market value in any five year period.
B. Nothing
in this chapter shall prevent the strengthening or restoring to a
safe condition or any part of any building or structure declared unsafe
by the building official.
72.050 Abandoned use or building. Any interruption
of a nonconforming use, or the use of a nonconforming building which
continues for twelve months or more or the expiration or termination
of any lease or assignment of any nonconforming lot or structure located
on the expired lease premises shall be deemed to be an abandonment of
such use, and subsequent use of the lot or buildings shall be in accordance
with the applicable provisions of this ordinance.
72.060 Additions extensions enlargements and moving.
A. Uses.
A nonconforming use shall not be moved, enlarged, or extended within
the structure it occupies, nor shall it be enlarged or increased to
occupy a greater area of land than that occupied by such use at the
time the ordinance codified in this chapter was adopted unless a conditional
use permit application has been approved by the commission.
B. Structures.
A nonconforming structure may be structurally altered, enlarged, or
extended only when such improvement will not exceed twenty-five, percent
of the building's market value and upon approval of a site plan review
permit. Structural alterations or additions of more than twenty-five
percent of the building's market value will require the processing
and approval of a conditional use permit application by the commission.
72.070 Change of use.
A. When
authorized by the commission, in accordance with the provisions of
this chapter, a nonconforming use which if determined by the commission
to be of the same or a more desirable nature may be substituted for
another nonconforming use.
B. Whenever
a nonconforming use has been changed to a conforming use, such use
shall not thereafter be changed to a nonconforming use.
72.080 Restoration of damaged structures. Any nonconforming
building damaged more than fifty percent of its then reasonable replacement
value at the time of damage by fire, flood, explosion, earthquake, or
other act, shall not be restored or reconstructed and used as before
such happening; but if less than fifty percent is damaged, it may be
restored, reconstructed or used as before without compliance with zoning
regulations then in force for the district in which it is located at
the time of such act and provided that such reconstruction shall be
started within one year of such act. For purposes of this section, the
percentage of damage shall be calculated by dividing the estimated cost
of restoring the structure as nearly as possible to its conditions prior
to such occurrence by estimated market value of the structure (excluding
the value of the land) immediately prior to the occurrence.
72.090 Change of zones. The foregoing provisions of
this section shall also apply to any nonconforming uses and structures
in zones hereafter changed to a more restrictive use or to zones hereafter
established on areas not previously covered by this ordinance.
CHAPTER 74 - USE PERMITS
Sections:
74.010
Granting- -Conditions- -Authority.
74.020 Application--Filing--Fee.
74.030 Hearing--Notice.
74.040 Application--Planning commission action.
74.050 Expiration.
74.060 Modifications.
74.070 Renewals.
74.080 Revocation.
74.010 Granting--Conditions--Authority. A request
for a use permit may be granted subject to conditions, or denied by
the commission for any use for which a use permit is permitted or required
by these regulations, or for any use which, while not specifically enumerated
in the regulations, is, in the opinion of the planning commission, similar
to and compatible with the uses permitted in the zone in which the property
is situated.
74.020 Application--Filing--Fee. Application for a
use permit shall be filed with the office of the tribal secretary upon
a form provided, and shall be accompanied by such information as may
be required to describe fully the proposed use for which the permit
is sought, and shall be accompanied by a filing fee in the amount as
established by resolution of the council.
74.030 Hearing--Notice.
A. Upon
receipt of such application, the tribal secretary shall set the matter
for public hearing as directed by the planning commission. Notice
of the time and place of the hearing shall be given at least ten calendar
days before the hearing, by prepaid U.S. mail notices to lessees and
assignees of parcels or lots adjoining that of the petitioner, by
publication once in a newspaper of general circulation sold on the
Rancheria, and by posting such notice in conspicuous places on or
close to the property affected.
B. The
notice shall include a general explanation of the matter to be considered
and a general description of the area affected.
74.040 Application--Planning commission action. Within
thirty days of the conclusion of the hearing, the planning commission
shall act on the matter. The planning commission, before granting a
conditional use permit, shall make all of the following findings:
A. That
the site for the proposed use is adequate in size and shape to accommodate
the use of all yards, spaces, walls, and fences, parking, loading,
landscaping and other features required by this ordinance to adjust
the use with land and uses in the neighborhood;
B. That
the site for the proposed use relates to streets and highways adequate
in width and pavement type to carry the quantity and kind of traffic
generated by the proposed use;
C. That
the proposed use will have no adverse effect upon adjoining or other
leases or assignments. In making this determination, the commission
shall consider the proposed location of improvements on the site;
vehicular ingress, egress and internal circulation, setbacks, height
of buildings; walls and fences; landscaping; outdoor lighting; signs,
such other characteristics as will affect surrounding property;
D. That
the proposed use is consistent with the objectives and policies of
any general plan adopted by the council;
E. That
the conditions established by the commission for the conditional use
permit are deemed necessary to protect the public health, safety and
general welfare. Conditions may include the following:
1.
Requiring special yards, spaces and buffers,
2.
Requiring fences and walls,
3.
Requiring enclosure of storage areas and limitations on and outside
display of merchandise,
4.
Regulation of grading, surfacing, and drainage improvements,
5.
Regulation of points of vehicular ingress and egress,
6.
Regulation of signs,
7.
Requiring landscaping and maintenance thereof,
8.
Requiring maintenance of grounds,
9.
Requiring fire prevention equipment and measures,
10.
Regulation of noise, vibration, odors, etc.
11.
Regulation of time for certain activities,
12.
Regulation of lighting,
13.
Requiring a bond or deposit of money to assure faithful compliance
and performance on the part of the applicant for the completion
of street improvements and other facilities, or the removal of such
facilities.
14.
Requiring street construction and improvements;
F. Failure
of the planning commission to act within the time set out in this
section shall be deemed to be a denial of the application on that
date. The action of the planning commission shall become final ten
days from the date thereof, unless an appeal has been filed during,
the ten-day period.
74.050 Expiration. Any conditional use permit granted
under this chapter shall become null and void if not exercised within
the time specified in such conditional use permit or, if no date is
specified, within one year from date of approval.
74.060 Modifications. At any time, during the effective
periods of a use permit, an application may be made requesting a modification
of use or conditions of issuance to a use permit. The application shall
be filed in accordance with those provisions as established for a use
permit. The fee for such request shall be established by resolution
of the council.
74.070 Renewals. An application for renewal shall be filed
prior to the expiration date of a use permit. Said application shall
be filed in accordance with those provisions as established for a use
permit. The fee for such request shall be established by resolution
of the council.
74.080 Revocation. In any case where the terms and
conditions to the granting of a conditional use permit are not, complied
with, the planning commission shall give notice to the holder of such
conditional use permit of its intention to revoke the same. Proceedings
for the revocation of a conditional use permit shall be conducted in
the same manner as proceedings for action on the application therefor.
CHAPTER 76 - VARIANCES
Sections:
76.010
Application--Filing procedure.
76.020 Hearing--Notice.
76.030 Hearing--Time limits.
76.040 Approval--Criteria.
76.050 Granting--Period of validity.
76.060 Revocation.
76.010 Application--Filing procedure. An application
for a variance from the terms of the zoning ordinance may be filed.
An application for a variance shall be filed in the office of the Tribal
Secretary upon a form provided, and shall be accompanied by a filing
fee as determined by resolution of the council, and shall include such
other information as may be required to describe fully the proposed
variance.
76.020 Hearing--Notice.
A. Upon
receipt of such application, the Tribal Secretary shall set the matter
for public hearing. Notice of the time and place of the hearing shall
be given at least ten calendar-days before the hearing, by prepaid
U.S. Mail notices to lessees and assignees to parcels or lots adjoining
that of the petitioner, by publication once in a newspaper of general
circulation sold on the Rancheria, and by posting such notice in conspicuous
places on or close to the property affected.
B. The
notice shall include a general explanation of the matter to be considered
and a general description of the area affected.
76.030 Hearing--Time limits.
A. Any
such hearing may be continued from time to time, except that the commission
shall act on the matter within sixty days of the original hearing
date. Failure to act within such period shall constitute disapproval
of the request.
B. The
decision of the planning commission shall become final ten days after
the date thereof unless an appeal has been filed during the ten-day
period.
76.040 Approval--Criteria.
A. The
planning commission may grant a variance from the terms of this ordinance
only upon a showing by the applicant that:
1.
Because of special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application
of the zoning ordinance deprives such property of privileges enjoyed
by other property in the vicinity and under identical zoning classification;
2.
The variances does not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity
and zone in which such property is situated;
3.
The variance does not authorize a use or activity which is not otherwise
expressly authorized by the zone regulation governing the parcel
of property; and
4.
The variance will be consistent with any General Plan adopted by
the council and will not have an adverse effect on neighboring properties.
B. The
planning commission shall make any variance granted pursuant to this
section subject to such conditions as will assure that the adjustment
thereby authorized shall not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity
and zone in which such property is situated. The planning commission
may make a variance subject, to such other reasonable conditions as
it may deem appropriate to carry out the purpose and intent of this
ordinance.
C. No
variance shall be granted unless and until the planning commission
has made written findings of fact in support of its decision. The
findings of fact shall demonstrate that the criteria set forth in
subsection A have been met, shall be supported by substantial evidence
in the administrative record, and shall be made a part of the official
minutes of the planning commission. The applicant for a variance shall
have the burden of providing that the criteria for the granting of
a variance, as set forth in subsection A, have been met.
76.050 Granting--Period of validity. Unless otherwise
expressly provided by the planning commission, a variance shall be granted
for an indefinite period. However, the planning commission may grant
a variance for a specified period of time.
76.060 Revocation. In any case where the terms and
conditions to the granting of a variance are not complied with, the
planning commission shall give notice to the holder of such variance
of its intention to revoke the same. Proceedings for the revocation
of a variance shall be conducted in the same manner as proceedings for
action on the application therefor.
CHAPTER 78 - AMENDMENTS
Sections:
78.010
Type--When to be made.
78.020 Application for amendment.
78.030 Accompanying fee, maps and data.
78.040 Calling of public hearing--Rezones.
78.050 Notice of public hearing.
78.060 Action by commission on proposed amendments.
78.070 Submission of recommended amendment to council.
78.080 Action by Tribal Secretary--Notice of public hearing.
78.090 Findings by council.
78.100 Action by council--Change in commission recommendation.
78.110 Effect of denial of application.
78.110 Pre zoning.
78.010 Type--When to be made. This ordinance may be
amended by changing the boundaries of districts or by changing any other
provision of this chapter whenever the public necessity, convenience
and general welfare require such amendment.
78.020 Application for amendment. Amendments may be
initiated by the council or the planning commission, or by an application
of one or more lessees or assignees of property affected by the proposed
amendment.
78.030 Accompanying fee, maps and data. An application
by an individual for an amendment shall be accompanied by maps, drawings
and data necessary to demonstrate that the proposed amendment is in
general conformance with any general plan adopted by the council and
that public necessity, convenience and general welfare require the adoption
of the proposed amendment. An accurate legal description and scale of
drawings of the land and existing buildings shall be submitted with
the application. Such application shall be accompanied by a fee established
by the Council by resolution.
78.040 Calling of public hearing--Rezones. Upon the filing
of an application pursuant to this chapter by any person, or upon initiation
of an amendment by the council, the Tribal Secretary shall take appropriate
steps to schedule and publish notice of a public hearing on the matter
before the commission, any such hearing to be held as soon thereafter
as the necessary studies and report can be completed by the planning
director and necessary legal notice of the hearing can be accomplished,
and subject to any rules of the commission relating generally to scheduling
of such hearings; provided, however, that in the event any rezoning
applied for by a person is determined to be not in general conformance
with any General Plan adopted by the council, or if such conformance
is doubtful, the application shall be placed on the commission agenda
without a public hearing having been called thereon. If the commission
decides that any such rezoning would be in conformance with such plan,
and if it deems it is in the public interest, the commission may call
a public hearing thereon.
78.050 Notice of public hearing.
A. In
the case of any public hearing called in accordance with the provisions
of the preceding section, notice of the time and place of the hearing
shall be given by at least one publication in a newspaper of general
circulation sold on the Rancheria and by mail or delivery to all persons,
businesses, corporations or other public or private entities owning
an assignment or lease within three hundred feet of the property which
is the subject of the proposed zoning change, at least ten days prior
to the public hearing. The names and addresses of such persons, businesses,
corporations or entities as shown on the current tribal assignment
or lease records shall be used for giving notice pursuant to this
section.
B. In
the event that the number of lessees or assignees to whom notice would
be sent pursuant to subsection A is greater than one hundred, as an
alternative to the notice required by subsection A, notice may be
provided pursuant to this subsection. Such notice shall be given,at
least ten days prior to the hearing by either of the following procedures
by placing an insert with any generalized mailing sent by any public
agency to property owners in the area affected by the proposed amendment
such as billings for services, etc.
78.060 Acting by commission on proposed amendments.
If at the conclusion of any hearing, the commission decides to recommend
amendment of this ordinance, the recommendation shall be made by motion
carried by the affirmative votes of not less than a majority of the
total members of the commission. No recommendation for amendment shall
be made without a public hearing having been held thereon. No recommendation
for amendment shall be made unless the commission adopts findings as
follows:
A. The
proposed amendment is required to protect the public health, safety
and welfare.
B. Any
other appropriate findings.
78.070 Submission of recommended amendment to council.
A copy of any recommended amendment shall be submitted to the council,
and shall be accompanied by a report of findings, summary of hearings,
and recommendations of the commission.
78.080 Action by Tribal Secretary--Notice of public hearing.
Upon receipt of a copy of any recommended amendment from the commission,
the Tribal Secretary shall place the matter upon the agenda of