Chapter 17.06
GENERAL ZONING REGULATIONS*

Sections:

17.06.010    Compliance with chapter.

17.06.020    Use regulations.

17.06.030    Private stables.

17.06.040    Secondary dwellings and guest houses.

17.06.050    Mobile home parks.

17.06.060    Height.

17.06.070    Yards.

17.06.080    Timeshare projects.

17.06.090    Satellite dish antennae.

17.06.100    Vacation clubs as a visitor-serving use in the Coastal Zone.

17.06.110    Home occupations.

17.06.120    Alternative development regulations for planned development in the C-R, C-1 and C-2 districts.

17.06.130    Criteria and standards for residential hotels conversions.

17.06.135    Large family day care and day care centers.

17.06.140    Single-room occupancy (SRO) housing.

17.06.150    Live-work units.

17.06.160    Domestic chickens.

*    Prior ordinance history: Ords. 77-10, 82-11, 82-14, 83-4, 84-9, 86-3, 92-6 and 93-2.

17.06.010 Compliance with chapter.

The regulations specified in this title shall be subject to the general provisions and exceptions of this chapter. (Zoning ordinance dated 7/94 (part), 1994)

17.06.020 Use regulations.

A.    No dancehall, roadhouse, nightclub, commercial club, establishment or business where alcoholic beverages are served or sold for off-sale consumption, commercial place of amusement or recreation, including but not limited to an amusement center or arcade, or place where entertainers are provided whether as social companions or otherwise, shall be established in any zoning district in the city unless a use permit is first secured in each case.

B.    A finding of public convenience or necessity is required for an establishment or business where alcoholic beverages are served or sold for on- and/or off-sale consumption within an area of undue concentration. Such finding shall require that selling of alcohol for on- and/or off-sale consumption at the subject establishment of business:

1.    Will not constitute a public nuisance;

2.    Will not occur within five hundred feet of a park or school or place of public assembly;

3.    Will not contribute to law enforcement problems associated with an undue concentration of on- and/or off-sale licenses in the vicinity of the subject business or establishment.

C.    The following activities shall be permitted in any zoning district:

1.    The excavation or removal of materials or trees during the normal construction of buildings, structures or underground facilities;

2.    Cutting or removal of trees for the purpose of land clearing for public roads and rights-of-way;

3.    The cutting or removal of Christmas trees.

D.    Public utility distribution and transmission line towers and poles and underground facilities for distribution of gas, water, telephone, and electricity and telephone booths shall be allowed in all districts, and without limitations as to height, without the necessity of first obtaining a use permit therefor; provided, however, that the routes of proposed gas, water, telephone and electric transmission lines, and the proposed locations of telephone booths, shall be submitted to the planning commission for recommendation at any time prior to but at least thirty days in advance of the acquisition of rights-of-way for any such routes, or, in the case of telephone booths, in advance of the erection thereof except in the Coastal Zone, where the construction of utility lines shall be subject to first obtaining a coastal permit.

E.    No accessory building or structure shall be constructed or placed, nor shall any accessory use be conducted on any property in any R district unless and until the main building is constructed or until a use permit, or in the Coastal Zone a coastal permit, is first obtained.

F.    1.    No trailer or mobile home shall be used in any zoning district for any purpose other than a single-family residence or for residential or agricultural storage purposes unless a use permit, and in the Coastal Zone a coastal permit, are first secured in each case.

2.    Trailers or mobile homes used as temporary construction offices are allowed without the securing of a use permit. Such use shall be permitted only during the period of construction.

3.    Trailers or mobile homes used by public utility companies for temporary emergency equipment or supplies shall be allowed in any district without the securing of a use permit; provided, however, that such use shall not exceed ninety days duration.

G.    Licensed residential care homes for aged persons of not more than six people, including any permitted rooming and boarding, may be allowed in any zoning district which allows residential uses.

H.    Licensed nursery schools may be permitted in any zoning district upon first securing a use permit and in the Coastal Zone, a coastal permit in each case.

I.    Mobile homes and trailers, used as living quarters, not located in mobile home parks or trailer camps shall be allowed only in conjunction with agricultural uses or for the purpose of twenty-four-hour watchman’s quarters upon first securing a use permit and in the Coastal Zone, a coastal permit in each case which will be good for a maximum period of one year, after which time permanent living quarters shall be constructed. Existing mobile homes which have been granted use permits, and which do not comply with the provisions of this title, may be allowed to continue for as long as the planning commission may desire upon first securing a use permit and in the Coastal Zone, a coastal permit in each case. The following regulations shall apply in all cases where a use permit or a coastal permit is granted:

1.    Skirting of fireproof material shall be provided around the perimeter of the mobile home or trailer;

2.    The face of all cut-and-fill slopes shall be planted with a groundcover approved by the director of planning to protect the slopes against erosion;

3.    All cut-and-fill slope landscaped areas shall be continuously maintained by the applicant in a litter-free, weed-free condition, and all plant materials shall be continuously maintained in a healthy, growing condition;

4.    The planning commission may require compliance with any other conditions or requirements which it may deem reasonable and necessary to make the mobile home compatible with the surrounding neighborhood.

J.    No person, firm or corporation shall hereafter, within the city, use any land or erect, construct or use any building, structure or enclosure for the purpose of maintaining a zoo or zoological garden for the purpose of raising, maintaining, keeping or exhibiting of any wild animal unless and until a use permit has been first secured. A use permit may be applied for in any district except for R-1, R-2, R-3 and R-4 districts. In the Coastal Zone such uses must be found consistent with the local coastal land use plan and a coastal permit shall be required for these uses.

K.    1.    Water facilities, including wells and storage tanks, serving less than three domestic users are permitted in any zoning district.

2.    Water facilities, including wells and storage tanks, serving three or four domestic users are permitted in any zoning district upon approval by the design review board as to the location, access, landscaping and color of storage tanks. In the Coastal Zone such uses shall be subject to a coastal permit.

3.    Water facilities, including wells and storage tanks, serving five or more domestic users are permitted in any zoning district upon securing a use permit in each case, except in the Coastal Zone where such uses shall also be subject to first securing a coastal permit.

L.    In the Coastal Zone the proposed use shall be consistent with the designation and policies of the general plan and local coastal land use plan.

M.    No more than fifteen percent of the units in any motel or auto court may be provided with a kitchen or kitchenette. No unit in any motel or auto court containing a kitchen or kitchenette shall exceed three hundred fifty square feet of gross floor area. Each unit in a motel or auto court containing a kitchen or kitchenette shall be provided with one and one-half on-site parking spaces.

N.    One on-site dwelling unit may be allowed subject to the following limitations:

1.    The unit is to be occupied exclusively by a property owner, individual employed in the management of the property, or individual employed in the management of an on-site business, together with members of the family of said owner, property manager or business manager, and provisions are made to ensure such continued occupancy.

2.    A use permit shall be obtained in each case.

3.    The site is located in a commercial or business district.

4.    Each building site is limited to one such unit with a maximum gross floor area not exceeding two thousand square feet and not exceeding two bedrooms.

5.    Two parking spaces shall be required for the unit.

6.    The total number of residential dwelling units including said owner’s/manager’s unit shall not exceed the number of residential dwelling units which would otherwise be allowed on the building site if some residential use is already or otherwise allowed on the site.

O.    No person(s) shall locate or operate a medical marijuana dispensary within the city in any zone.

P.    Commercial Cannabis Activity as a Prohibited Use and/or Activity. Commercial cannabis activity by any person or entity, including clinics, collectives, cooperatives and dispensaries, is prohibited in all zones within the city’s jurisdictional limits. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. Any commercial cannabis activity that takes place in violation of this provision is unlawful, and is hereby declared a public nuisance. Nothing in this chapter is intended to, nor shall it be construed to, make legal any commercial cannabis activity that is allowed or otherwise prohibited under California law. Nothing in this chapter is intended to, nor shall it be construed to, preclude any landlord from limiting or prohibiting marijuana cultivation by its tenants. This chapter shall be administratively enforced.

Q.    Marijuana cultivation is a prohibited use and/or activity, except for marijuana cultivation by a qualified patient with an identification card on a property on which he or she resides, for a limited noncommercial purpose.

Marijuana cultivation by any person or entity, including clinics, collectives, cooperatives and dispensaries, is prohibited in all zones within the city’s jurisdictional limits, except as set forth herein. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity, except that a qualified patient, with an identification card, as defined in California Health and Safety Code Section 11362.7, may cultivate cannabis for noncommercial, personal purposes as set forth in Health and Safety Code Section 11362.77 per each qualified patient with an identification card, upon property he or she rents or owns and inhabits, either inside the dwelling or on land included in such rented or owned property. Nothing in this chapter is intended to, nor shall it be construed to, preclude any landlord from limiting or prohibiting marijuana cultivation by its tenants. The cultivation shall be at a location on the property that is secluded so that it cannot be observed by a member of the public who passes by the property. This chapter shall be administratively enforced. (Ord. 2016-01 §§ 3, 4, 2016; Ord. 2007-03 § 2 (Exh. B), 2007; Ord. 2007-02 § 1, 2007; Ord. 2003-01 § 1 (part), 2003; Ord. 2002-03 § 1 (part), 2002; zoning ordinance dated 7/94 (part), 1994)

17.06.030 Private stables.

The following regulations shall apply in all cases where a use permit has been issued for the maintenance of a private stable:

A.    The minimum lot area upon which a horse may be kept is one acre and two horses may be kept on such area. One additional horse may be kept for each twenty thousand square feet by which the parcel of land exceeds one acre;

B.    Stables shall be located midway between the side lot lines and in no case closer than twenty feet from the side lines, and not closer than fifty feet to the front lot line. Paddocks shall be located on the rear half of the lot not closer than twenty feet to any property line nor closer than forty feet from any dwelling on the same or adjacent property;

C.    Prior to the establishment of any stable in the Coastal Zone, the planning commission will be required to make a finding that such use is consistent with the local coastal program. Stables will also be required to first obtain a coastal permit. (Zoning ordinance dated 7/94 (part), 1994)

17.06.040 Secondary dwellings and guest houses.

A.    One secondary dwelling or one guesthouse is allowed per building site subject to the following general requirements:

1.    There is one and only one single-family dwelling and no other main buildings on the building site.

2.    The building site is located in the R-1, R-2, R-3, or R-4 district and conforms to the minimum site area, minimum average lot width, and minimum lot depth requirements of the district in which it is located.

3.    If located in the R-4 district, the building site is not in excess of seven thousand five hundred square feet.

4.    The building site is not located within (1) a condominium or planned unit development project; or (2) in a mobile home or trailer park.

5.    The building site abuts upon and takes direct access from a public street.

6.    Maximum floor area shall not exceed whichever is less of: (1) ten percent of the site area, (2) two-thirds of the living area of the main building, or (3) nine hundred fifty square feet.

7.    The guest house or secondary dwelling shall incorporate or continue architectural features that are similar to and/or compatible with the main building with respect to roof pitch and style, exterior building materials and colors.

8.    Additional parking is not required, but any parking provided shall be in accordance with Chapter 17.44.

9.    The secondary dwelling or guest house does not qualify as a housing unit and shall not be counted towards meeting a housing unit density requirement for a project site and shall not be counted towards meeting an inclusionary housing requirement.

10.    No development shall be approved that would exceed the capacity of municipal utility systems. All applications received for secondary dwellings shall be accompanied with evidence provided by the municipal utility provider that there is adequate service capacity to serve the proposed development.

11.    Concurrent with the project application a written commitment from the municipal water provider is required that verifies that capability of the municipal system to serve the proposed development. Projects shall not be approved without such written commitment. A written commitment is a letter from the municipal water provider guaranteeing that the required level of service for the project will be available prior to the issuance of building permits. The city decision-making body shall not approve any development unless adequate municipal water supply is available to serve the development.

B.    Additional Regulations for Guest Houses. No guesthouse or any part thereof shall be rented, let or leased separately from the main residence.

C.    Additional Regulations for Attached Secondary Dwellings.

1.    Attached secondary dwellings shall be governed by the minimum yard and maximum height requirements for the main building as required by applicable provisions of Section 17.06.070 and the district in which it is located.

2.    The entrances to attached secondary dwellings located on the second floor of the main building shall face the rear yard only.

D.    Additional Regulations for Guest Houses and Detached Secondary Dwellings.

1.    Guesthouses and detached secondary dwellings shall subject to the following requirements, notwithstanding any district or general regulations to the contrary:

a.    Located on the rear half of the building site and shall maintain a minimum rear yard of ten feet;

b.    Located no closer than six feet from the nearest point of the main building;

c.    Not to be located in required side yard in the district in which located; and

d.    Not to exceed a maximum height of sixteen feet in the R-1, R-2 or R-3 district and not exceed a maximum height of twenty-five feet in the R-4 district.

e.    All new secondary dwelling development when combined with all existing site development shall together conform to all applicable requirements of the general plan/local coastal plan and certified zoning ordinance, including coverage standards.

2.    Design of Openings. Entry doors, including sliding glass doors, access stairs, and decks shall be limited to the walls facing the primary residence, and/or interior of the rear yard.

Exceptions to this standard may be approved only as follows and only then upon approval of the site and architectural design review board:

a.    Where such openings would face any interior side lot line, said side yard for the secondary dwelling shall be increased to ten feet in accordance with Section 17.06.070(E).

b.    Notwithstanding the provision of subsection A of this section, where such openings would face any rear lot line, said rear yard for the secondary dwelling or guest house shall be increased to fifteen feet.

3.    Architectural Compatibility. The design of guesthouse or secondary dwelling sited on a corner lot, within thirty feet of an exterior side lot line and visible from the public street, shall be consistent with the street appearance of the existing residence.

E.    Site and Architectural Design Review Board Appeal and Approval.

1.    Referral to the site and architectural design review board may be requested by the applicant in those instances where an applicant wishes to appeal the planning director’s determination regarding architectural compatibility pursuant to subsections (A)(7) and (D)(3) of this section. The design review board may affirm or modify the planning director’s determination where the board determines that the design of the secondary dwelling or guesthouse, as affirmed or modified, enhances the overall appearance and character of the neighborhood in which it is located.

2.    Where site and architectural design review board is requested or required pursuant to this section, abutting property owners shall be notified through the mailing of design review board meeting agendas. In all instances, the applicant shall be responsible for payment of applicable design review fees.

F.    Permit Required. Secondary dwellings are permitted with approval of either the community development director or a coastal development permit consistent with Section 17.43 and as otherwise provided in this section.

1.    Projects outside Coastal Zone. Community development director approval is required. Action is final.

2.    Projects in Coastal Appeal Zone. A coastal development permit is required. The public hearing is waived unless the secondary dwelling is part of a larger project that requires a public hearing or if a variance is requested. Notice shall be provided in accordance with Section 17.43. Action on the permit is final unless appealed to the coastal commission within ten working days of the commission’s receipt of the notice of final local action.

3.    Projects in the Coastal Zone, non-appealable. A coastal development permit is required. Notice is required in accordance with Section 17.43. Action on the coastal development permit is final. (Ord. 2006-11 § 1, 2007: Ord. 2004-12 § 1, 2004; Ord. 2003-09 § 1 (part), 2003: zoning ordinance dated 7/94 (part), 1994) (Ord. No. 2008-07, Exh. A, 10-7-2008)

17.06.050 Mobile home parks.

The following regulations shall apply in all cases where a use permit has been issued for a mobile home park, except otherwise prescribed by state law:

A.    The minimum lot area for a mobile home park shall be five acres.

B.    No mobile home park shall have commercial uses other than those used primarily by the residents of the park such as: coin-operated machines for laundry, soft drinks, cigarettes and similar uses on condition that the uses shall be located in the interior of the park.

C.    The density of the mobile home park shall be limited to eight homes per acre with the minimum mobile home site to be not less than three thousand square feet.

D.    Minimum yard setbacks from adjoining streets and properties shall be as follows: front yard setback, twenty feet; side yard setback, ten feet; and rear yard setback, ten feet, except otherwise prescribed by state law.

E.    Landscaping and fences shall be provided and shall be designed to screen the mobile home park from the street and adjoining properties. Landscaping and fencing plans shall be approved by the director of planning.

F.    All landscaped areas shall be continuously maintained by the applicant in a litter-free, weed-free condition and all plant material shall be continuously maintained in a healthy, growing condition.

G.    No less than ten percent of the total area of the mobile home park shall be developed for recreational purposes.

H.    For required parking see Section 17.44.020.

I.    All utility distribution facilities, including but not limited to electric, communication and cable television lines installed for the purpose of supplying service within any mobile home park, shall be placed underground, except as follows: equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts, or such equipment when concealed by shrubbery, landscaping or other screening and approved by the director of planning. The planning commission may waive the requirements of this section if topographical, soil or other physical conditions make underground installation of such facilities unreasonable or impractical.

J.    Notwithstanding the requirements in subsections C, D and G of this section, alternative regulations as described below shall apply to mobile home parks which meet these following criteria: (a) the mobile home park was legally established prior to the incorporation of the city of Marina, (b) it has not expanded by more than three new mobile home sites since incorporation, and (c) it has been and shall continue to be certified by the United States Department of Housing and Urban Development as a mobile home park providing housing for adults fifty-five years old or older. The alternative regulations which shall then apply in lieu of the requirements of subsections C, D and G of this section are that: (a) the density shall be limited to eleven homes per acre, (b) the minimum mobile home site area shall be two thousand four hundred square feet, and (c) no less than six percent of the total area of the mobile home park shall be developed for recreational purposes. (Ord. 99-04 § 1 (part), 1999: Ord. 96-8 § 1 (part), 1996: zoning ordinance dated 7/94 (part), 1994)

17.06.060 Height.

A.    Chimneys, vents, cupolas, spires, and other architectural or mechanical appurtenances may be erected to a greater height than the limit established for the district in which the building is located except in the Coastal Zone where the height of such structures shall be subject to a coastal permit.

B.    Towers, poles, water tanks, and similar structures may be erected to a greater height than the limit established for the district in which they are to be located, subject to securing a use permit and, in the Coastal Zone, a coastal permit in each case.

C.    In any required front yard or in any required exterior side yard or any side yard abutting a street, separate fences and retaining walls shall not exceed three and one-half feet in height and fences combined with retaining walls shall not exceed a combined height of four and one-half feet with the retaining wall not exceeding one foot in height, all subject to definitions in subsection E and modifications in subsections G and H below.

D.    NOTE: Retaining walls exceeding thirty inches in height are required to meet all Uniform Building Code (UBC) requirements. All persons planning to install a retaining wall should check with the Marina Building Division prior to installing a retaining wall. Retaining walls that exceed thirty inches in height above grade are required to install a thirty-six-inch (three foot) tall guardrail on top of the retaining wall for safety reasons. The Marina Building Department shall determine when a guardrail is required. This note is provided for informational purposes only. It is not a quote from the UBC.

E.    In any required rear yard or in any required interior side yard or any required side yard not abutting a street, separate fences and separate retaining walls shall not exceed six feet in height and fences combined with retaining walls shall not exceed a combined height of nine feet with the retaining wall not exceeding three feet in height.

F.    All heights referenced in subsections C and D above shall be measured from the finished ground elevation at the base of a separate fence and from the finished ground elevation at the base of the lower side of a separate retaining wall or a combined retaining wall and fence. A fence or a wall shall be considered a separate fence or a separate wall when the face of the fence and the face of the retaining wall are separated by a minimum three foot horizontal distance or are located on separate building sites.

G.    The heights of fence columns may extend a maximum of six inches above the maximum height otherwise allowed by the height limitations described above. The height of arbors integrated into the design of a fence and incorporating a pedestrian opening in the fence may exceed the height limitations described above, provided the height of such an arbor does not exceed a height of twelve feet above the height of the finished ground elevation at the pedestrian opening.

H.    Maximum height limitations as otherwise required above may be exceeded where determined necessary by the planning commission or the city council on appeal (1) to provide satisfactory visual or sound isolation of sensitive lands uses from commercial activities such as contractors yards, loading docks and similar commercial activities or (2) to provide reasonable security for areas approved for outdoor storage of equipment or material associated with approved contractor’s yards to restrict unauthorized access to facilities that might be dangerous or hazardous.

I.    Master fence plans for subdivisions of five units/lots or more shall be reviewed as part of the entitlement process. Master fence plans for minor subdivisions may, at the discretion of the applicant, be reviewed as part of the entitlement process. Master fence plans may deviate from the fence regulations stated herein if the design review board and/or planning commission makes findings that the proposed fences provide public safety, privacy or security and are aesthetically pleasing from the street side view (findings are listed in order of importance). The design review board or planning commission may require landscaping or other measures to mitigate the visual impacts of proposed fences and/or retaining walls or any combination thereof.

J.    In the R-1 District, on a corner lot created after January 6, 1997, the heights of fences retaining walls or combinations thereof located in any required front yard or any required exterior side yard or any side yard abutting a street shall be regulated by limits set forth in subsection D rather than subsection C above in circumstances where; (a) said fence, wall or combination thereof is a minimum of ten feet back of a sidewalk constructed in accordance with plans approved by the City of Marina or in the absence of such a sidewalk, within ten feet of the probable location of a future sidewalk as determined by the director of public works, and/or (b) said fence, retaining wall or combinations thereof encloses an area of the site which is opposite from the front entrance to the main structure on the site for units where the front door faces the longer street side.

K.    In the R-1 District, on a corner lot created prior to January 7, 1997, fences, retaining walls or combined retaining walls/fences are subject to the pre-January 7, 1997 fence regulations listed below:

1.    Fences: maximum height of six feet measured from the lowest ground elevation at wall, fence or screen planting or one foot above the lowest ground elevation with a three foot horizontal distance from said wall, fence or screen planting, whichever measurement point results in the greater height;

2.    Combined retaining wall/fence: maximum height of eight feet measured from the lowest ground elevation at wall, fence or screen planting or one-foot above the lowest ground elevation within a three-foot horizontal distance from said wall, fence or screen planting, whichever measurement point results in the greater height;

3.    No required side yard fence setbacks. (Ord. 2002-06 § 2 (part), 2002; Ord. 2002-01 § 1 (part), 2002; Ord. 98-5 § 1, 1998; Ord. 97-1 § 1, 1997: zoning ordinance dated 7/94 (part), 1994)

17.06.070 Yards.

A.    In any case, where an official plan line has been established as a part of the street and highway master plan, the required yards on the street side shall be measured from such official plan lines and in no case shall the provisions of this title be construed as permitting any structures to extend beyond such building line.

B.    Cornices, eaves, canopies, and similar architectural features may extend into any required yard not exceeding two and one-half feet.

C.    Uncovered porches, or stairways, fire escapes or landing places may extend into any required front or rear yard not exceeding six feet, and into any required side yard not exceeding three feet. Covered porches on interior lots may extend into the required front yard not exceeding six feet and sixty square feet. Covered porches on corner lots may extend into any combination of the required front yard and the required exterior side yard not exceeding six feet and a total area of one hundred twenty square feet.

D.    In any R or K district, where fifty percent or more of the building sites on any one block or portion thereof in the same district have been improved with buildings, the required front yard shall be of a depth equal to the average of the front yards of the improved building sites, to a maximum of that specified for the district in which such building site is located.

E.    In case a dwelling is to be located so that the front or rear thereof faces any side lot line, such dwelling shall not be less than ten feet from such lot line.

F.    In case a building site is less than sixty feet in width, side yards equal to ten percent of the lot width but not less than five feet shall be required, except in C or M districts.

G.    In the case of a corner lot adjacent to a key lot, the required side yard on the street side for any building within twenty-five feet of the side line of the key lot shall be equal to the front yard required on the key lot, and if more than twenty-five feet from such side line, the required side yard shall be fifty percent of the front yard required on the key lot.

H.    In case an accessory building is attached to the main building it shall be made structurally a part thereof and shall comply in all respects with the requirements of this title applicable to the main building.

I.    Except as otherwise provided in subsection J of this section, detached accessory buildings not for living purposes shall not be located:

1.    Within six feet from the main building;

2.    Within fifty feet from the front property line;

3.    Within six feet from the sidelines of the front one-half of the lot;

4.    Within six feet of the sidelines of the front one-half of any adjacent lot;

5.    Within one foot of any lot line of the rear one-half of the lot;

6.    So as to encroach on any easement or right-of-way of record;

7.    Within six feet of an alley from which the building has access.

J.    Notwithstanding the limitations of subsection I above, detached accessory buildings with a projected roof area of less than one hundred twenty square feet as defined in the Marina building code, a height not exceeding eight feet, and on a building site used exclusively for single-family dwelling purposes in any residential district may be constructed or placed on the site as long as it is:

1.    Located at least three feet from the main building or perimeter fence; and

2.    Located within that portion of the site which is separated from the public way by the main building or by a minimum five feet high fence.

K.    In case of a lot abutting upon two or more streets, the main building and accessory buildings shall not be erected so as to encroach upon the front yard or the exterior side yard required on any of the streets.

L.    Notwithstanding any requirements in this section, in cases where the elevation of the front half of the lot at a point fifty feet from the centerline of the traveled roadway is seven feet above or below the grade of the centerline, a private garage attached or detached, may be built to within five feet of the front line of the lot.

M.    Nothing contained in the general provisions shall be deemed to reduce special yard requirements as set forth in the regulations for any R or K districts.

N.    Structures, except utility poles and utility equipment appurtenant thereto, shall not be located so as to encroach on any utility or road easement or right-of-way.

O.    Notwithstanding the provisions of subsections B, C and H of this section, porches, decks and patios exceeding a height of eighteen inches and attached to the main building, and patio covers attached to the main building may extend into the required rear yard and together with other buildings on the lot may occupy an area greater than the maximum site coverage allowed in the district in which it is located, except as follows:

1.    The structures shall not extend more than ten feet into the required rear yard and shall not occupy an area of the required rear yard exceeding two hundred square feet.

2.    The finished floor surface shall not exceed five feet in height and the patio cover is a single story structure not exceeding sixteen feet in height.

3.    If the structure is enclosed by walls, the walls may have any configuration, provided the open area of the longer wall and one additional wall is equal to at least sixty-five percent of the area of each respective wall below a minimum of six feet eight inches measured from the floor.

4.    Wall openings may be enclosed with insect screening, plastic or glass. The plastic or glass shall be readily removable, translucent or transparent and not exceed a thickness provided by the current edition of the Uniform Building Code.

5.    Patio covers shall be used only for recreational and outdoor living purposes and not as carports, garages, storage rooms, commercial or business space or habitable space as defined by the current edition of the Uniform Building Code. (Ord. 2004-10 § 1 (part), 2004; Ord. 2003-09 § 1 (part), 2003: Ord. 98-15 § 1 (part), 1998: zoning ordinance dated 7/94 (part), 1994)

17.06.080 Timeshare projects.

A.    For the purposes of this code, timeshare projects shall be considered a visitor-serving use as are hotel/motel projects and shall be permitted as hotel/motel projects are permitted in this title.

B.    Conversions of existing structures to timeshare projects shall not be permitted.

C.    Timeshare projects shall be liable for the payment of transient occupancy taxes in accordance with the provisions of Title 3, Revenue and Finance, of this code.

D.    Each timeshare unit shall have a minimum of three hundred fifty square feet gross floor area measured from inside of walls. (Zoning ordinance dated 7/94 (part), 1994)

17.06.090 Satellite dish and local television broadcast antennae.

Legislative Finding and Determination. The city council of the city of Marina does find, determine and declare as follows: that the use of satellite dish antennae is increasing throughout the city due to technological advances of such equipment; that although such equipment is large, cumbersome and can be aesthetically unattractive, it appears to be a necessary and desirable accessory use of property within the city; that at the present time the size, location and appearance of such equipment is not adequately addressed in the zoning regulations in effect in the city; that in the absence of regulation, the placement of unattractive equipment in residential and commercial locations would interfere with the use, possession and enjoyment of adjacent property; and that the public peace, health, safety and general welfare require enactment of this ordinance to regulate the use of satellite dish antennae rather than prohibit them.

A.    Definitions. “Large satellite dish antennae,” means any antennae or parabolic reflector established to receive transmissions directly from satellites, with minimum diameter in excess of one meter (39.37"), and which is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite. “Small satellite dish antennae” means any antennae which are one meter or less in diameter or diagonal measurement and are designed to receive video programming services via MMDS (multipoint microwave distribution system, multi-channel multi-point distribution system, or wireless cable), or to receive or transmit fixed wireless signals other than via satellite as well as to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite. Neither large nor small satellite dish antennae include antennae established for the purpose of receiving transmissions from ground transmitters. “Local television broadcast antennae” means antennae which are designed to receive local television broadcast signals.

B.    Satellite Dish Antennae Requirements—Residential Districts. In residential districts:

1.    The site and architectural design review board shall be the primary reviewing body of applications to install satellite dish antennae. It shall ensure that each application is consistent with the provisions and intent of this chapter prior to approval.

2.    Prior to installation of a satellite dish antennae, all appropriate permits shall be obtained from the building division.

3.    Satellite dish antennae shall be considered accessory structures, and unless otherwise stated, shall comply with the height, setback and lot coverage requirements for buildings in the zone in which they are to be located.

4.    All satellite dish antennae shall be located on the back half of the lot as ground-mounted units only.

C.    Satellite Dish Antennae Requirements in All Other Districts:

1.    A use permit or coastal development permit in the Coastal Zone approved by the planning commission shall be required for all satellite dish antennae.

2.    Prior to installation of a satellite dish antennae, all appropriate permits must be obtained from the building division.

3.    Antennae may be ground-mounted, roof-mounted or aboveground pole-mounted.

4.    Roof-mounted and aboveground pole-mounted antennae shall not exceed the height of structures allowed in the district in which they are to be located.

5.    Roof-mounted antennae shall be located on a flat portion of the roof with parapets and/or an architecturally matching screening plan.

6.    No commercial advertising of any kind shall be allowed on large satellite dish antennae.

D.    Development Standards for Satellite Dish Antennae.

1.    The planning commission and/or site and architectural design review board may add any conditions to a permit necessary to achieve the compatibility of satellite dish antennae with its neighborhood.

2.    All satellite dish antennae located in residential districts shall be located to minimize the visual impact on surrounding properties and from public rights-of-way and adjacent properties by use of screens, fences and/or landscaping without impeding the efficiency of the dish, to the satisfaction of the city council on appeal, the planning commission or site and architectural design review board.

3.    Any readily visible satellite dish antennae shall be painted to blend with its surroundings and shall not be unnecessarily bright, shiny, garish or reflective.

4.    Prior to installation of a satellite dish antennae, all appropriate permits must be obtained from the building division.

5.    All proposals for roof-mounted antennae shall be designed by a registered architect, or civil or structural engineer.

6.    The installation of all satellite dish antennae shall be subject to the design of footings, anchorage and fasteners by a California registered architect, civil or structural engineer, to meet the current Uniform Building Code as adopted by the city.

7.    The electrical system shall be designed and installed in accordance with the National Electrical Code as adopted by the city.

8.    All electrical wiring associated with antennae shall be installed underground.

9.    A satellite dish antennae shall be maintained in a safe and aesthetically acceptable condition for the duration of the time it exists on the property.

E.    Limitation. Certain parcels of land in the city may not be able to accommodate satellite dish antennae because of unique terrain problems and/or adverse effects on the surrounding neighborhood. In such instances, the site and architectural design review board or the planning commission may withhold approval to construct, install and/or maintain a satellite dish antennae.

F.    Existing Antennae.

1.    All owners of antennae installed or constructed prior to the effective date of the ordinance codified in this section shall apply to the planning commission for a use permit no later than July 1, 1987.

2.    Within sixty days after such application, the planning commission shall:

a.    Issue a use permit if the antennae conforms to the provisions of this chapter; or

b.    Prior to the issuance of a use permit, require the owner to move the antennae, or to make structural and/or design changes to the antennae so that it conforms to the provisions of this chapter; or

c.    Issue an exemption, if it determines that the antennae is installed or constructed in a safe manner and is in substantial compliance with the provisions and/or intent of this chapter.

3.    In granting an exemption, the planning commission may add any conditions necessary to effectuate the purpose and intent of this chapter.

G.    Appeals. Any action taken by the site and architectural design review board may be appealed, in writing, to the planning commission within ten days of said action. Any action taken by the planning commission may be appealed, in writing, to the city council within ten days of said action.

H.    Local television broadcast antennae that are mounted on buildings such that the maximum height of the antennae exceeds fifteen feet above the roofline of the building are subject to approval by a conditional use permit.

I.    Exemptions. All small satellite dish antennae mounted on buildings such that they do not protrude above the nearest roof eave are exempt from this title. All local television broadcast antennae that are mounted on a building such that the maximum height of the antennae does not exceed fifteen feet above the roofline of the building are also exempt from this title. (Ord. 2002-07 § 1, 2002: zoning ordinance dated 7/94 (part), 1994)

17.06.100 Vacation clubs as a visitor-serving use in the Coastal Zone.

A.    Any proposal for a vacation club, as defined in Section 17.04.745, shall be considered a visitor-serving use in the Coastal Zone subject to the following finds made by the planning commission at a duly noticed public hearing as part of the development review process and shall not be considered a visitor-serving use in the Coastal Zone without such findings:

1.    Membership of the proposed vacation club is sufficiently large to insure to broad opportunity for visitor use;

2.    The purchase price and on-going maintenance fees for membership are reasonably affordable;

3.    Membership in the club is easy to achieve and is documented in a membership program;

4.    The membership is available to the general public; and

5.    Permit requirements are established that will insure availability of transient accommodations to the general public who are not members of the club.

B.    The record of proceedings on such a determination will require the applicant to provide sufficient information and program materials to demonstrate that the proposed vacation club use meets the findings noted above. The planning commission’s determination shall include a written summary and analysis of this information and written findings of their decision. The planning commission may impose conditions as necessary to effect the purpose and intent of this section. All determinations by the commission are appealable as provided for under this title. (Ord. 97-7 § 1 (part), 1996)

17.06.110 Home occupations.

A home occupation, as defined in Section 17.04.421, may be permitted as an accessory use to a permitted residential use in a residential zoning district provided the following standards are met:

A.    A business license is secured from the city finance department.

B.    The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.

C.    The business shall not require the installation of gas or electric power service in excess of normal dwelling requirements or place a load on garbage or sewer or community facilities beyond normal dwelling requirements.

D.    The use does not change the character of dwelling or adversely affect the uses permitted in the residential district.

E.    The use creates no significant additional vehicular or pedestrian traffic to the residence and requires no additional parking space or involves the repeated use of commercial vehicles for delivery of materials to or from the premises, beyond that normal to residential use.

F.    No persons are employed in nor report to the home other than those necessary for domestic purposes.

G.    Not more than twenty-five percent of the area of said dwelling is used for such use.

H.    No internal or external alterations or construction features not customary in dwellings is involved.

I.    No sign, which identifies or advertises the business, shall be displayed on the property.

J.    There shall be no storage or display of materials or products used in the business that are visible from off of the property.

K.    There shall be no external evidence of business activity, including odors, construction materials, smoke or other particulate matter, heat, humidity, glare, electronic interference, noises or vibrations.

L.    The use can not occupy required parking spaces, which includes a two-car garage for a single-family home.

M.    There shall be no process used in the home occupation which is hazardous to public health, safety or welfare. No toxic explosive, radioactive or other restrictive materials not normally used in a single-family dwelling shall be used or stored on the site.

N.    The property owner must agree in writing to all proposed uses, if the applicant is a renter and not a property owner. (Ord. 2001-06 § 1 (part), 2001)

17.06.120 Alternative development regulations for planned development in the C-R, C-1 and C-2 districts.

Notwithstanding any minimum building site area, minimum front, side or rear yard, or parking requirements to the contrary, alternative development regulations may be established in the C-R, C-1, and C-2 districts for a planned development on a total site area of not less than one-half acre, subject to the approval of a general development plan for said area as described and following procedures described in Chapter 17.31. Within said planned development area a general development plan may establish alternative individual building site areas, yard requirements, and parking requirements, all of which may vary from those otherwise required. However, such a plan shall establish alternative setbacks within the boundaries of the general development plan area which shall be landscaped and shall be permanently maintained as open space as follows; (a) setbacks as provided by the front yard requirement of said district abutting any public street frontage, and (b) a minimum ten-foot building setback and perimeter landscape planting strip measured from the boundary of the general development plan area not abutting a public street. Cornices, eaves, canopies, and similar architectural features, and uncovered porches, stairways, fire escapes, or landing places may extend into said open space as shown and clearly defined in general development plan. Also, parking spaces or driveways may encroach up to five feet into said open space not abutting a street as shown and clearly defined in the general development plan. Further, such a plan may establish alternative parking requirements where no individual tenant space constitutes more than twenty-five percent of the total floor area and where there is a mix of residential and commercial uses within said planned development. However, any reduction in the total number of parking spaces which might otherwise be required shall not be reduced to less than one parking space for each four hundred fifty square feet of floor area. The approval of any such general development plan shall be conditioned upon the provision of adequate assurances that said permanent landscaping shall be perpetually maintained and that all parking, with the exception of not more than two parking spaces for each residential unit, shall be made available for shared usage by all uses within the planned development. On planned development sites that abut lands in the same district, the planning commission may require that pedestrian and vehicular circulation facilities be extended from the planned development site to the boundary of general development plan area for connection with existing or future pedestrian and vehicular facilities on such abutting lands, and that provisions are incorporated into the project to ensure that necessary and appropriate cross easements will be obtained. (Ord. 2003-01 § 1 (part), 2003: Ord. 2001-02, 2001)

17.06.130 Criteria and standards for residential hotel conversions.

A.    Purpose. The purpose of this section is to provide for the orderly conversion of existing hotels which have primarily non-transient occupants to residential hotels designed to provide long term, residential use for families and the work force that are affordable and to provide needed transitional housing opportunities. The standards herein are established to ensure that such use shall provide a suitable living environment for the tenants of the residential hotels, be compatible with surrounding land uses and protect the public health, safety and general welfare.

B.    Use Permit Required. Residential hotel conversions shall be permitted only for a hotel legally operating before January 1, 2000 which can demonstrate that it is no longer economically viable as a fully transient hotel in the R-4, or multifamily residential district and C-1, commercial or retail business district of the city. These conversions shall only be permitted in these underlying zones provided a use permit is first approved pursuant to the provisions of Chapter 17.06 of this title, a conversion agreement between the owner and the city is approved and executed, and compliance with the Uniform Building Codes (UBC) is achieved. The conversion agreement shall be designed to lessen the impact of the conversion removing visitor-serving units from the community, as set forth under subsections D through L in this section. For those hotels located in the C-1 zoned areas that have been constructed prior to January 1, 2000, residential hotels are conditionally permitted uses and are only allowed above the ground floor, except that, for such a hotel with only a single floor, a residential hotel is a conditionally permitted use which may occupy up to fifty percent of the square footage of the single floor.

C.    Resident Manager. An on-site resident manager shall be required and shall be responsible for ensuring that applicable occupancy and income restrictions listed in the “conversion agreement” are enforced.

D.    Affordability and Residency. As a condition of approval of any use permit and prior to the issuance of any building permits for such project, the owner(s) of the property shall be required to execute and record a notice against the property in a form approved by the city attorney agreeing to restrict rents of the residential hotel lodging units to a level affordable to low and moderate income households. The term “low to moderate income households” as used in this section shall mean households having an income not exceeding one hundred twenty percent of the median family income for the county of Monterey. Minimum affordability standards shall require that rents for these units shall not exceed thirty percent of the maximum income level of said low to moderate income households as set forth by the California State Department of Housing and Community Development (HCD) as adjusted on an annual basis during the life of the project.

E.    Conversion Agreement. The property owner(s) will be required to execute and record a conversion agreement with the city of Marina designed to lessen the impact on the city of the conversion eliminating visitor units, to include the following:

1.    Payment of a mitigation fee to amortize the change in use;

2.    Limitations relating to provisions to ensure that the rooms remain available for lower income households, which may include compensation for reasonable expenses of the city or an alternative agency delegated by the city for monitoring compliance with these provisions, and other provisions of the agreement and entitlements;

3.    In order to avoid overcrowding and impacts on services, limitations on the maximum size and occupancy of each unit.

F.    Site Development Standards. This chapter recognizes residential hotels as a special class of residential development to provide needed affordable and transitional housing opportunities. In order to provide a living environment consistent with the needs of the tenants of the residential hotels and in order to preserve locally recognized values of community appearance, the following site development standards shall apply, along with minimum common area facilities determined through the city’s normal process of hearings and consideration.

G.    Minimum Lot Area. The minimum lot area shall not be less than sixteen thousand square feet.

H.    Maximum Size of Each Unit. The maximum size of each dwelling unit shall be not more than five hundred square feet as per the UBC.

I.    Open Space. Projects having thirty or more units shall be required to provide a total minimum of one thousand square feet of common usable open space.

J.    Private Storage Space. Each unit within the project shall have at least fifty cubic feet of enclosed, weatherproofed and lockable storage space at a single location. This space shall be in addition to interior closet space provided within a unit.

K.    Parking. For every dwelling unit there shall be no less than one parking space. The use and assignment of these parking spaces shall be clearly defined in the conversion agreement and lease agreement. Provisions for guest parking and bicycle parking/racks shall be required as part of the conversion agreement.

L.    Site Design Review. Residential hotels in Marina shall be subject to site and architectural design review approval pursuant to zoning ordinance Chapter 17.50. (Ord. 2004-04 § 1 (Exh. 2), 2004: Ord. 2004-03 § 1 (part), 2004) (Ord. No. 2008-06, Exh. A, 6-3-2008)

17.06.135 Large family day care and day care centers.

A.    Large family day care homes and day care centers shall comply with the following standards:

1.    Location and Concentration. Large family day care and day care centers shall have vehicular access from a public street or a private street improved to city standards. No large family day care or day care center shall be located within a three hundred foot radius of an existing large family day care home or child day care center. This requirement may be waived by the community development director (for large family day care homes) or by the planning commission (for child day care centers) if it can be determined that certain physical conditions exist and if the waiver would not be detrimental to the public peace, health, safety and comfort of the affected neighborhood. Examples of physical conditions that may warrant granting of a waiver include the presence of major nonresidential structures or uses between child care facilities or the presence of an arterial between the facilities.

2.    Parking—Drop-off Area. At least two parking spaces for passenger loading/unloading must be available either on-street or off-street. If on-street, there shall be at least twenty-two feet of legally permitted parking along the frontage of the parcel. If on-site, an existing driveway may be used for this purpose. Such parking must not restrict access to neighboring residences. A home located on an arterial shall provide a drop-off/pick-up area designed to prevent vehicles from backing onto the street (e.g., circular driveway).

3.    Noise. Outdoor activities shall be limited to the hours between eight a.m. and eight p.m. in residential zone districts and between seven a.m. and eight-thirty p.m. in all other zones.

4.    Health and Safety. Each large family day care home and day care center shall comply with applicable building and fire codes, as well as with licensing requirements of the state social services department, and shall receive clearance from the fire and building divisions for use of the residential structure as a large family day care home.

B.    Large family day care homes shall comply with the following additional standards:

1.    Conforming Use and Building. The residence must be in compliance with the development standards for the zone, including, but not limited to, minimum building site area, lot coverage, parking, and fencing.

2.    Occupancy Requirement/Property Owner Authorization. The day care home shall be the principal residence of the provider. If the provider is not the owner of the principal residence, a letter authorizing the use of the residence and site for large day care use shall be obtained from the property owner.

3.    Residential Use. The facility shall be operated in a manner so as not to appear as a commercial operation. No structural changes shall be approved that will alter the character of the building as a residence.

C.    Day care centers shall comply with the following additional standard:

1.    Employee Parking. Off-street parking shall be a minimum of one space per employee on the largest shift, plus one space for each ten children authorized by the state license. Exceptions to this parking requirement may be approved where the community development director determines that the exception will not result in potentially unsafe conditions for either pedestrians or motorists. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.06.140 Single-room occupancy (SRO) housing.

A.    Purpose.

1.    Provide affordable and long-term housing for small households and for people with special needs;

2.    Provide high density housing in close proximity to transportation and commercial services; and

3.    Provide the highest possible livability standards of design, environment, conform and security given the constraints of limited living space and the need to maintain affordability.

B.    Development Regulations.

1.    Floor Area. Minimum of one hundred fifty square feet per unit, including bathrooms. Maximum of three hundred fifty square feet per living unit, including bathrooms.

2.    Kitchen. Each unit shall contain kitchen facilities including a sink, cooking apparatus and refrigerator.

3.    Bathroom. Each unit shall contain a bathroom with toilet, sink and shower or tub.

4.    Entryways. Units shall not have separate external entryways.

5.    Common Area. Fifty square feet per unit, designed and furnished for the use and comfort of all residents. No common area shall be less than five hundred square feet in size. Common areas shall not include storage rooms, laundry facilities, common kitchens, dining rooms or hallways.

6.    Maximum Occupancy. Two persons per unit.

7.    Manager’s Unit. A manager’s unit shall be provided in a central location; such unit may exceed the maximum floor area and occupancy limitations in this section.

8.    Telephone/Cable Television. Units shall be pre-wired for both telephone and cable television service. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.06.150 Live-work units.

A.    Limitation on Uses. A live-work unit shall not be established or used in conjunction with any of the following uses or activities:

1.    Adult businesses;

2.    Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.;

3.    Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

4.    Welding, machining, or any open flame work; and

5.    Any other activity or use, as determined by the planning commission, to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of live-work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.

B.    Sale or Rental of Portions of Unit. No portion of a live-work unit shall be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit.

C.    Nonresident Employees. Up to two persons who do not reside in the live-work unit can work in the unit. The employment of three or more persons who do not reside in the live-work unit can be permitted subject to use permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity.

D.    Client and Customer Visits. Client and customer visits to live-work units are permitted subject to any applicable conditions of the use permit.

E.    Design Standards. A live-work unit shall be designed to accommodate commercial uses as evidenced by the provision of ventilation, interior storage, flooring, and/or other physical improvements of the type commonly found in exclusively commercial facilities permitted in the C-R district. (Ord. 2006-03 § 1 (Exh. A (part)), 2006)

17.06.160 Domestic chickens.

A.    Definitions.

1.    “Domestic chicken” means an egg laying female chicken (hen). For the purposes of this section, domestic chickens shall not include roosters.

2.    “Hen house” means a house or enclosure for the domestic chicken, made of metal chicken wire, or other suitable material, so as to prevent the escape of domestic chickens. Hen houses shall be clean, dry, odor-free, neat and sanitary structures and shall have adequate ventilation and adequate sun and shade. Hen houses shall be impermeable to rodents, wild birds and predators, including raccoons, dogs and cats, and shall be maintained in good repair to prevent escape.

B.    Development Regulations. Up to four domestic chickens shall be permitted within the MHR, R-1, R-2, and R-1/C-P zoning districts, as set forth in this chapter, upon payment of a fee of twenty-five dollars to the city clerk, and subject to the following rules and development regulations:

1.    No more than four domestic chickens allowed per residential household.

2.    Domestic chickens shall be raised for eggs and shall not be slaughtered or raised for consumption of their meat.

3.    Domestic chickens shall only be permitted at a residential household if the household has a suitable hen house. The hen house shall be located at least ten feet from the property boundary. Hen houses shall be kept clean and maintained in good repair and shall be of a sufficient size to provide adequate and proper housing so as to prevent overcrowding. Hen houses must be located in the back yard and shall not be visible from the front of the residence.

4.    Domestic chickens shall not be allowed to run at large on public or private property. Chickens may be permitted outside of an enclosure on the homeowner’s property within the rear yard only when attended by a person not younger than twelve years old.

5.    Odors from domestic chickens, manure or other related substances shall not be perceptible beyond the boundaries of the permitted household. Manure in excess of that which can be safely and sanitarily utilized on the premises shall be removed and not allowed to accumulate.

6.    Domestic chickens must be provided with access to feed and clean water at all times.

7.    All feed and other items associated with the keeping of domestic chickens which are likely to attract or to become infested with or infected by rats, mice, rodents, wild birds or predators shall be protected so as to prevent rats, mice, rodents, wild birds or predators from gaining access to or coming into contact with the feed or other such items.

8.    Domestic chickens shall be treated humanely and shall be used only for the raising of eggs.

9.    The keeping of domestic chickens shall not result in a public or private nuisance.

10.    Owners of domestic chickens currently in the city will have ninety days from the date of adoption of the ordinance codified in this section to come into compliance with its requirements. (Ord. 2013-09 § 1, 2013)