Chapter 5.23
GENERAL REGULATIONS, CONDITIONS AND EXCEPTIONS
Sections:
5.23.010 Interpretation of regulations.
5.23.040 Accessory residential units.
5.23.050 Mobile homes and travel trailers.
5.23.060 Fences, hedges and walls.
5.23.080 Residential District variances.
5.23.100 Satellite dish antennas and equipment.
5.23.110 Outdoor displays, sales and promotions.
5.23.120 Commercial uses of designated residentially used historic structures.
5.23.160 Residential resale inspection program.
5.23.010 Interpretation of regulations.
A. All regulations in this title pertaining to the districts established in Chapter 5.02 NCC are subject to the general provisions, conditions and exceptions in this chapter.
B. If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or with respect to matters of height, area requirements or zone boundaries as set forth herein, the Planning Commission shall ascertain all pertinent facts and, by resolution, set forth its findings and interpretations and thereafter such interpretation shall govern, except if the City Council directs the Planning Commission to adopt a different interpretation. (Ord. 97-17, 10-28-1997)
5.23.020 Conditional uses.
A. All of the uses listed in this section, and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impracticable their inclusion in any class of use set forth in the various districts herein defined, and therefore the authority for a location of the operation of any of the uses designated herein shall be subject to the issuance of a use permit in accordance with the provisions of NCC 5.25.020.
B. In addition to the criteria for determining whether or not a use permit should be issued as set forth in NCC 5.25.020, the Planning Commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with uses permitted in surrounding areas:
1. Damage or nuisance from noise, smoke, odor, dust or vibration;
2. Hazard from explosion, contamination or fire;
3. Hazard occasioned by unusual volume or character of traffic or the congregating of large number of people or vehicles.
C. The uses referred to herein are as follows:
1. Airport and land fields.
2. Cemeteries.
3. Establishments or enterprises involving large assemblages of people or automobiles such as amusement parks and racetracks.
4. Recreational facilities, privately operated.
5. Garbage dumps.
6. The mining of natural mineral resources, together with the necessary buildings and appurtenances incident hereto.
7. Removal or deposit of earth other than in connection with excavation or deposits in connection with construction of buildings, roadways or public or home improvements. (Ord. 97-17, 10-28-1997)
5.23.030 Accessory buildings.
A. An accessory building may be erected as an integral part of a principal building, connected by a breezeway or similar structure, or detached from the principal building.
1. Where an accessory building is attached to the main building, it shall be made structurally part of and have a common roof with the main building, and shall comply in all respects with the requirements of this title applicable to the main building.
B. An accessory building must be constructed subsequent to, or concurrently with, the construction of the principal building on the site.
C. No more than two accessory buildings, including a detached garage or carport, may be erected on a residentially zoned lot.
D. No accessory building shall be permitted to be erected within the required front yard.
E. A detached accessory building shall be located on the rear one-half of the lot and at least six feet from any dwelling/building existing or under construction on the same lot or any adjacent lot.
1. In the case of a detached patio cover, no minimum separation from the primary dwelling shall be required unless otherwise stipulated by building or fire code.
F. In the case of a corner lot abutting upon two streets, no accessory building shall be erected or altered so as to project beyond the front yard required on any adjacent lot, nor shall it be located closer to either street line than is permitted for the main building on the lot.
G. An accessory building shall not exceed 12 feet in height.
H. Detached accessory buildings shall be placed no closer than five feet from a side or rear lot line.
I. Accessory buildings exceeding 120 square feet shall require approval of the Building Official prior to their placement or construction on a lot.
J. Except in the case of a single-family dwelling, any garage or carport required by provisions of Chapters 5.03, 5.04 and 5.05 NCC, or required by the conditions of any use permit or variance, shall be constructed so that no entrance or open side faces or opens onto a street line of any lot or parcel, unless such entrance or open side can be closed by means of a door, or doors, or similar device. (Ord. 2016-3 § 11, 7-12-2016; Ord. 97-17, 10-28-1997)
5.23.040 Accessory residential units.
A. The purpose of this section is to allow for accessory residential units within underutilized single-family dwelling units and lots, but at the same time preserve the existing residential neighborhood character.
B. One accessory residential unit shall be permitted within, attached to, or detached from a detached single-family residence upon the issuance by the Building Official of all permits required for compliance with the California Building Standards Code as adopted and amended by the City; and provided, that all of the following requirements are met:
1. Zoning Districts. The lot containing the detached single-family unit shall be located within a residential zoning district.
2. Lot Size. The minimum lot size on which an accessory residential unit may be developed shall be 6,000 square feet.
3. Occupancy. The owner of the property shall reside within either the principal dwelling unit or the accessory residential unit, and the other unit may be occupied by a family member and/or offered as a rental unit. Occupancy of the accessory unit shall be limited to no more than two individuals.
4. Garage Entrances. Residential garage entrances opening on any front or side lot line shall be located not less than 20 feet from said lot line.
5. Parking Setbacks. A garage, carport or other parking space required herein shall not be located within five feet of an alley or within three feet of any meter, hydrant or similar facility; except no setback from any alley is required for garages without access or other openings to a public street and directly adjacent to and accessible to an alley. This exemption shall not apply to lots abutting any C, I or M District.
6. Off-Street Parking. In addition to the off-street parking required for the principal dwelling unit, one additional off-street parking space shall be provided for the accessory unit.
7. Placement of Additional Space. The additional parking space for the accessory unit shall not be placed within the required front yard setback unless the Planning Director finds that:
a. There is no other reasonable place on the property for the additional parking space to be located;
b. Appropriate landscaping and/or berming is provided to mitigate any possible adverse visual impacts;
c. Notification of property owners within 300 feet of the site has not resulted in any significant objections.
8. Size of Accessory Unit. The accessory residential unit shall not exceed 640 square feet in floor area or 40 percent of the floor area of the principal dwelling unit, whichever is the smallest.
a. The garage or carport area of the principal dwelling shall not be counted when determining floor area.
9. Minimum Floor Area. The minimum floor area requirements specified by this title for a residential dwelling shall apply to the principal residence. The principal residence shall retain at least one bedroom.
10. Accessory Residence. The accessory residence may consist of a studio or a one-bedroom unit and shall comply with the minimum floor area requirements of this title and the Uniform Building Code.
11. Architectural Style. The architectural style, building material types, and color schemes of the second unit shall be the same as principal residence.
12. Property Development Standards. All of the property development standards for the applicable zoning district, such as lot coverage, usable open space, building height and setbacks shall be maintained unless specifically provided for herein.
13. Utility Meters. A separate utility meter shall be installed for an accessory residential unit.
14. Outside Stairways. No outside stairway shall be permitted to access the principal dwelling or an accessory residential unit.
15. Water Supply and Sewage Treatment Capacity. Adequate water supply and sewage treatment capacity shall be available to serve the accessory residential unit prior to approval of a building permit.
C. The Planning Director may conduct an annual compliance review to ascertain that the occupancy requirements of this section are being complied with.
D. Accessory residential units constructed without City approval, prior to adoption of these provisions, may be made legal through the building permit process as set by the Building Official. Applications shall be evaluated for compliance with the adopted standards. (Ord. 2016-3 § 12, 7-12-2016; Ord. 97-17, 10-28-1997)
5.23.050 Mobile homes and travel trailers.
Mobile homes, trailer coaches or camp cars shall be used for human habitation or occupied for living or sleeping quarters only when installed within a licensed trailer court, trailer park or mobile home park. Mobile homes, trailer coaches or camp cars sited, situated and/or maintained upon any lot, piece or parcel of land, other than a trailer court, trailer park or mobile home park, shall comply with the following conditions:
A. Such vehicle shall not be maintained in any required front yard.
B. Such vehicle shall be situated not closer than five feet to any main building or any property line unless otherwise approved by the City Fire Chief.
C. Such vehicle shall not be used for sleeping quarters nor shall any sanitary or cooking facilities contained therein be used. (Ord. 98-4 § 4, 8-25-1998; Ord. 97-17, 10-28-1997)
5.23.060 Fences, hedges and walls.
The purpose of this section is to control the location, height and materials of fences and other visual or physical obstructions so that they do not adversely affect adjacent properties, or obstruct vision along public streets. Fences, hedges and walls may be erected in any district subject to the following conditions:
A. Permitted Fences. Fences, and walls not exceeding 42 inches in height, measured from the highest finished grade from any adjoining and subject properties may occupy any required yard area.
1. Fences with visual clearance (such as chainlink) may be allowed up to four feet in height, subject to staff approval.
B. Fences up to Seven Feet. Fences, walls and hedges not exceeding seven feet in height, measured from the highest finished grade from any adjoining and subject properties, may occupy any side or rear yard area, provided:
1. That such does not extend into any front yard.
2. That, in the case of reverse corner lots where such lot has a rear yard that abuts the front yard of an adjacent lot’s front yard, and corner lots, such side-yard fence shall not be located closer than 10 feet to the street side curb-face or beyond the property line whichever is closer to the street. In the instance where such side-yard fence extends into a public right-of-way or easement, the fence shall be subject to review, approval, restrictions and limitations described in NCC 5.23.060(H).
3. Such fence shall not be within 15 feet to any street side curb-face within 20 feet of the intersection of any alley and street right-of-way line.
4. Industrial fences up to eight feet in height may be allowed, subject to staff approval and the obtainment of a building permit.
C. Graduated Fences. Step-down, graduated fences located within the required setback area, such as those on either cul-de-sac or knuckle streets shall be subject to the following requirement:
1. In order not to obstruct the visibility of one’s neighbors, an invisible horizontal line from the nearest corner edge of House A to the nearest corner edge of House B will be drawn. Where the A and B lines intersect the property line, at that point forward the fence shall not be higher than 42 inches.
2. Nonconformity. Step-down or graduated fences which do not pose a safety hazard and are not currently in conformance with this chapter shall have a maximum of seven years in which to comply with this chapter.
D. Permits for Variations. Fences or structures exceeding the requirements of subsections (A), (B) and (C) of this section may be erected provided a use permit and building permit are obtained.
E. Fence Standards.
1. Clearance Setback. All fences shall maintain a minimum three-foot clearance around fire hydrants, transformers, and other public facilities. The director of Public Works shall determine the extent of setback around specific public works facilities and structures such as street signs, lights, sewer clean-outs, meter boxes, etc.
2. Overhang and Obstruction of Public Sidewalks. No point of the fence, or landscaping maintained within or adjacent to the fence, may overhang or create an obstruction to the sidewalk, or in the absence of a sidewalk, to the projected lot side of the sidewalk as established by the City.
3. Public Safety. The fence shall be constructed so that no hazards, such as nails, spikes, wires, thistles, or other sharp or pointed objects, protrude from or exist upon the fence.
F. Swimming Pool Fences.
1. All private swimming pools for all residential dwellings, hotels and motels shall be fenced by a minimum five-foot high wall or fence constructed so as to isolate the pool from access by the general public. Said fence shall be provided with a self-closing and self-latching gate or gates. Latches or opening devices shall be located at least four and one-half feet above ground level or adjacent raised platforms. No pool shall have the finish plaster coat applied or be filled with water until the enclosing fence has been constructed and approved by the Building Official. Surrounding structures, existing yard fences and gates, when adapted for these purposes, may suffice for this requirement when approved by the Building Official.
2. “Swimming pools” as used in this section includes spas and hot tubs outside of an enclosed building.
3. Existing swimming pools shall be fenced and provided with a gate or gates as required by this chapter within 90 days from the effective date of the ordinance codified in this chapter.
G. Vision Obstructions, At Intersections.
1. Fences, hedges, walls and other ornamental landscaping or other visual obstructions shall not be over three feet high above the curb on a corner lot within a triangle formed by the curb lines and a line connecting those lines from points thereon which lie 40 feet from the intersection of the curb lines.
2. In addition to obstruction in subsection (G)(1) of this section, the Public Works Director may require the removal of landscaping or structures on any land which in his opinion constitutes a hazard to pedestrian safety and/or vehicular traffic.
3. Pedestrian Safety Along Sidewalks. Fences, hedges, walls and other ornamental landscaping or other visual obstruction over three feet high above the sidewalk and/or driveway elevation shall not be permitted to be located within the triangular area adjacent to a private driveway formed by measuring 10 feet from the driveway along a sidewalk and 10 feet along the driveway from the sidewalk. In the event that there is no sidewalk, the measurements shall be to the projected sidewalk as established by the City.
H. Fences Within Public Rights-of-Way or Easements.
1. No fence shall be constructed upon the public right-of-way or within any easement, including a public utility easement, prior to the issuance of a permit by the Newman Public Works Department and no such fence shall be regarded as conforming to this section or the permit until after it has been inspected and approved by the Public Works Department. The permittee shall call the Public Works Department for inspection immediately after completion of construction. Unless the Public Works Department accepts the construction as conforming to the permit within 30 days from the date of the permit, such permit shall be void and the fence shall be removed from the public right-of-way or easement at the owner’s expense.
2. Fences located in the right-of-way or easement shall be maintained by the owner on the property enclosed by the fence. Such fence shall be kept in good repair and maintained in a manner that protects public safety as determined by the Public Works Director.
3. The City reserves the right to remove any fence located on a public right-of-way or easement, at the sole expense of the owner of the property or properties enclosed by the fence located on a public right-of-way or easement, in an emergency.
4. The City further reserves the right, upon 30 days’ written notice and at the sole expense of the owner of the property or properties enclosed by the fence, to remove any fence in the public right-of-way or easement should the City desire other use be made of the public right-of-way or easement or required nonemergency additions, maintenance and/or repairs to any utilities located within the easement or right-of-way. (Ord. 2001-5 §§ 1 – 4, 1-8-2002; Ord. 97-17, 10-28-1997)
5.23.070 Swimming pools.
A. Swimming pools in R Districts shall be constructed on the rear one-half of the lot or 50 feet from the front property line, whichever is less; such pools shall not be located closer than five feet to any rear lot line or side line. On the street side of any corner lot, where the rear lot line abuts a side lot line, no pool shall be located closer than 10 feet to such side lot line.
B. Filter and heating system for such pools shall not be located closer than 30 feet to any dwelling other than the owner’s.
C. No pool shall occupy more than 40 percent of the required rear yard. Coverage by a swimming pool shall not be considered in measuring maximum lot coverage. (Ord. 97-17, 10-28-1997)
5.23.080 Residential District variances.
A. In R Districts, single-family dwellings only may be erected on any parcel of land, the area of which is less than the building site area required for the particular district in which said parcel is located, but if and only if said parcel was in single ownership at the time of the effective date of the ordinance codified in this chapter. No structure shall be erected on any substandard parcel if said parcel was acquired from the owner or owners of record of contiguous property or said contiguous owner’s or owner’s transferee after the time of the effective date of the ordinance codified in this chapter.
B. The width of side yards in single-family dwellings constructed pursuant to subsection (A) of this section may be reduced to 10 percent of the width of such parcel, but in no case to less than four feet.
C. In any R District, where a dwelling unit is located on a lot so that the main entrance is located on the side of the building, the required side setback, from the front setback line to such entrance, shall be not less than 10 feet. (Ord. 97-17, 10-28-1997)
5.23.090 Dwelling groups.
Dwelling groups shall be constructed so that the following minimum distances are provided:
A. Minimum of 20 feet between buildings.
B. Minimum of 12 feet between side yard line and access side of single row dwelling groups.
C. Minimum of 20 feet between access side of buildings in double rows. (Ord. 97-17, 10-28-1997)
5.23.100 Satellite dish antennas and equipment.
A. Purpose. To ensure that satellite dish antennas and equipment do not have an adverse impact on aesthetic values and public safety in residential, commercial and industrial areas, installation of these antennas and equipment is governed by the following controls.
B. Applicability and Exceptions.
1. Standards contained in this section shall apply to all new and existing installations in the City. Compliance shall be established for each installation.
2. Satellite dishes that exist on or before the operative date of this chapter which are located in a front or street side yard shall be permitted if screened with landscaping or fencing to the satisfaction of the Planning Director.
3. The provisions of this section shall not apply to communications equipment necessary for the maintenance of public health and safety as determined by the City Council.
4. These provisions shall not apply to a satellite dish antenna which is less than 40 inches in diameter, is attached to a building or structure, and does not extend above the roof elevation or chimney of said building or structure.
5. The provisions of this section shall not apply to communications equipment which is specifically exempted from local regulation by the Federal Communications Commission (FCC).
C. Permit Required.
1. Upon the adoption of provisions for issuance, a development review permit is required for the installation of a satellite dish.
2. Architectural review shall be required for installation of satellite dish receiving antennas in any C District.
3. A use permit shall be required in accordance with the provisions of this section pursuant to subsection (D)(1)(b)(ii) and (D)(2)(a)(iii) of this section.
D. Location of Satellite Dish Antennas. A satellite antenna may be installed on any lot or building site in any zoning district if it complies with the following criteria:
1. Residential Districts.
a. Location. Location on any roof of a structure or building, or within the public right-of-way, and within any required front yard or street side yard is prohibited.
b. Setbacks.
i. Any antenna which is higher than six feet shall be located away from the side or rear setback line at a distance equal to or greater than one and one-half times the height which the antenna is above the adjacent fence.
ii. The Planning Commission, upon the issuance of a use permit, may allow installation, or relocation of any dish existing in a manner which conflicts with the provisions of subsection (D)(1)(b)(i) of this section.
In addition to other required findings, the Planning Commission shall find that other locations more consistent with the purpose of this section are not feasible due to hardships caused by existing structural or mechanical conditions of the building or property.
c. Screening. No dish may be located on any lot unless the property boundary is enclosed by a sight-obscuring fence. Such a fence shall be not less than six feet high, constructed of durable material, and located in accordance with this chapter and in conformance with other provisions of this title.
d. Maximum Height. Sixteen and five-tenths feet measured from the ground level immediately under the antenna to the highest point of the antenna including any appurtenance attached to it.
2. All Other Districts.
a. Location.
i. Location on any roof is prohibited unless:
(A) It can be shown that the antenna will not be visible from the street; or
(B) A use permit has been obtained.
ii. Ground-level satellite dishes shall be located behind sight-obscuring fencing such that the majority of equipment is screened from the street by fencing and landscaping.
iii. In addition to architectural review, a use permit shall be required for roof-mounted antennas that will be visible from the street. In such cases, in addition to other required findings, the Planning Commission shall find that no other location is more consistent with the purpose established for this section, or that all such other locations are not feasible due to hardships caused by existing structural or mechanical conditions of the building or property.
b. Maximum Height. Sixteen and five-tenths feet measured from the ground level immediately under the antenna to the highest point of the antenna or appurtenance attached to it.
E. Underground Wiring, Landscaping. All wires or cables necessary for the operation of any antenna or reception from the signal shall, whenever feasible, be placed under ground, except those wires or cables attached flush with the surface of the building or structure of the antenna. (Ord. 97-17, 10-28-1997)
5.23.110 Outdoor displays, sales and promotions.
A. Guidelines for Outdoor Displays, Sales, and Promotions. The display or sale of goods, merchandise or services which customarily occurs indoors shall be allowed to occur outdoors, subject to the following conditions:
1. Outdoor displays, sales or promotions are permitted in any district where commercial or “C” uses are permitted.
2. Outdoor displays, sales or promotions must be by a licensed City business, City merchant association, school, charitable or not-for-profit organization.
3. When applicable, all merchandise or services sold or displayed outdoors shall be of the same type(s) ordinarily sold indoors at the business conducting the sale.
4. Prior to any outdoor sale, displays or promotion, an “Application Permit for Outdoor Displays, Sales and Promotions” must be obtained from the Planning Department and renewed annually with the Business License for the business conducting the outdoor sale, display or promotion.
B. Examples of Outdoor Displays, Sales and Promotions.
1. The following are examples of outdoor displays, sales and promotions:
a. Tables of merchandise, clothing on rolling or stationary racks, picnic tables (outside eating area), large individual items such as lawn mowers, garden tractors, etc., which encroach on the public right-of-way.
b. Outdoor art and craft shows, and exhibits.
c. Sidewalk sales, or farmer’s market.
d. Religious, patriotic, historic, or similar displays, or exhibits.
C. Application Required. An application for an outdoor display, sale or promotion must be approved by the Planning Department prior to the event. The application shall include, but shall not be limited to, the following information:
1. The identification of the person and/or business conducting the display, sale or promotion;
2. A description of the event, the days and hours of operation and its location;
3. The property owner’s authorization, if applicable; and
4. A site plan (drawing) illustrating the location and/or placement of the displays.
D. Performance Standards. Outdoor displays, sales or promotions are subject to the following general performance standards:
1. The display of merchandise must be arranged or situated so that it does not create a hazard to pedestrians or encroach on a required building exit, driveway, parking space, landscaped area or setback area.
2. A minimum four-foot passage shall be maintained between and/or around any tree, newsstand, bike rack, planter, trash receptacle, etc.
3. Sidewalks may not be restricted in such a manner as to prohibit safe and convenient movement of pedestrian traffic.
4. The display area must be maintained so that is not unsightly and does not create a condition that is detrimental to the appearance or the premises or surrounding property.
5. The display area, when utilizing a public right-of-way, must not create a hazardous condition for pedestrians or the public or otherwise create a public liability for the City.
E. Guidelines for Accessory Outdoor Eating Areas. Outdoor eating areas are considered accessory if they are operated in conjunction with a take-out food establishment. These guidelines are intended for outdoor eating areas which may encroach on the public right-of-way.
1. The total number of seats may not exceed 12 on the public right-of-way.
2. Prior to the placement of any outdoor furniture, an outdoor display, sales, and promotion permit shall be obtained from the Planning Department.
F. Outdoor Eating Area Performance Standards.
1. Accessory eating areas are subject to the general design standards applicable to the building or district within which the activity is conducted.
2. The outdoor eating area, including furniture, must be arranged or situated so that it does not create a hazard to pedestrians or encroach on a required building exit, vehicle travel lane, driveway, or any public street or unless that is not formally closed by City authority.
3. The outdoor eating area shall provide a minimum of four feet of pedestrian clearance when located on any sidewalk or other public right-of-way. A minimum of four feet of clearance must be provided around any tree, newsstand, bike rack, planter, trash receptacle, etc.
4. The outdoor eating area must be maintained in a manner such that it does not create an unsightly appearance.
5. An alcoholic beverage is not allowed to be served or consumed within any outdoor eating area, without first obtaining approval from the Newman Chief of Police as per NCC 3.10.020.
G. Garage or Yard Sales.
1. Garage or yard sales are permitted in any R District subject to the following:
a. The garage or yard sale does not occur more than four times in any calendar year or run for a period longer than three consecutive days.
b. Garage or yard sale goods and wares are displayed entirely off a public right-of-way.
c. The garage or yard sale activities are conducted in accordance with all applicable provisions of this Code. (Ord. 2000-1 § 10, 5-23-2000; Ord. 97-17, 10-28-1997)
5.23.120 Commercial uses of designated residentially used historic structures.
When a conditional use permit has been obtained, a building which has been designated a residentially used historic structure pursuant to Chapter 4.13 NCC may be used for the display and retail sale of fine art paintings, sculptures and pictures, antiques or similar items and/or may be used for a personal service or professional service office as set forth below.
All conditional use permits shall, as a minimum, address the following issues as conditions of approval:
A. The retail or service use should be conducted primarily by resident occupants.
B. The floor area used for the retail or service use shall not exceed one-fourth of the floor area of the main residence at any time.
C. Window displays to attract customers should not be permitted.
D. Internal or external alterations or construction features not customarily found in dwellings should not be permitted.
E. The retail or service use should not generate vehicular traffic not normally associated with residential use.
F. No mechanical equipment should be permitted other than that normally associated with residential use or activities normally associated with the display and retail sale of fine art paintings, sculptures and pictures, antiques or similar items and/or personal service or professional service office as provided in this section.
G. Any exterior sign shall be limited in size to eight square feet, shall contain only the name and occupation or profession of the occupant, along with the historic building identity and history and shall be illuminated by nonflashing, nonscintillating reflected light only.
H. Although the off-street parking requirements of this chapter shall not apply, parking requirements shall be as determined by the Planning Commission based on the specific site and use proposed.
I. Operating hours for the retail or service use shall be limited to between 10:00 a.m. and 5:00 p.m., Tuesday through Saturday.
J. Ancillary use of the building for such uses as furniture repair, photography or picture framing may be permitted subject to review of potential for neighborhood nuisances. (Ord. 97-17, 10-28-1997)
5.23.130 Mobile vendor.
A. “Mobile vendor” shall mean a business, service or enterprise operated from a vehicle or a portable, temporary structure that would require a building permit to construct. “Mobile vendor” shall not mean a special and seasonal business activity as described in NCC 3.01.180(B) or delivery by vehicle as described in NCC 3.01.190.
B. Mobile vendors may conduct business within the City of Newman subject to first obtaining a permit in accordance with the following:
1. A conditional use permit is required for any mobile vendor subject to the following:
a. The mobile vendor is to be located within an “I” Controlled Manufacturing zone.
b. The mobile vendor is not located along or visible from either Merced Street, Hills Ferry Road or Highway 33.
c. The mobile vendor business site has direct street access, is not located on a public street or right-of-way and has sufficient off-street parking so as to not impact the neighborhood within which it is located.
2. A special vendor permit issued by the City Manager where the mobile vendor will conduct business at a City of Newman sanctioned special event such as a street fair, farmers market, carnival or similar activity.
C. A mobile vendor shall be required to first obtain a business license to conduct business within the City of Newman and shall comply with all applicable health, sanitation, and other applicable laws and regulations that apply to the business. (Ord. 99-16 § 1, 4-27-1999)
5.23.140 Right to farm.
A. Intent. The City of Newman declares that it is the policy and intent of the City and this chapter to declare a statement of policy to preserve and protect existing agricultural operations consistent with Land Use Policy of the Newman General Plan within the incorporated City.
B. Definitions. For the purpose of this chapter the following specific words and terms shall have the following meaning. Other words and terms not specifically defined shall be defined in accordance with the City zoning regulations.
1. “Agricultural activity, operation or facility” (herein collectively referred to as “agricultural operations”) shall mean, but not be limited to, cultivation and tillage of soil (including typical fallow periods), the production, irrigation, cultivation, growing, harvesting, processing and storing of any agricultural commodity, including viticulture, horticulture, agriculture, the raising of livestock, dairying, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers or transport to market.
2. “Agricultural land” shall mean all real property within the incorporated City boundaries currently used for agricultural operations, or annexed as an agricultural operation.
3. “Director” shall mean the Planning Director for the City of Newman or designated representative.
4. “Land use” shall mean the existing use of property.
5. “Nuisance” shall have the meaning ascribed to that term in California Civil Code Section 3479. California Civil Code 3479 reads, in part, as follows: “Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the use of property, so as to interfere with the comfortable enjoyment of life or property . . . is a nuisance.”
6. “Newman Planning Area” shall mean the real property defined as the project in the adopted City of Newman General Plan.
7. “General Plan” shall mean the City of Newman General Plan, and any amendments thereto.
C. Other Laws, Orders and Ordinances. Nothing in this chapter shall be deemed to affect, annul or abrogate any other laws or ordinances pertaining or applicable to the properties and areas affected by this chapter which are inconsistent with the provisions of this chapter, nor shall it be deemed to conflict with any State laws, orders or requirements affecting such properties or areas.
D. Severability. If any section, subsection, sentence, clause, phrase or portion of these standards for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and an independent provision and such division shall not affect the validity of the remaining portions thereof. The City Council hereby declares that it would have passed these standards, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any section of the sections, subsection, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
E. Penalty – Violation. Any violation of the requirements of this chapter shall be handled as a civil matter between the parties affected and shall not be a misdemeanor or infraction.
F. Findings and Policy.
1. It is declared a statement of policy of this City to preserve and protect existing agricultural operations consistent with Land Use Policy of the Newman General Plan, within the incorporated City. Further, it is the purpose of this chapter to declare farming operations not to be a nuisance and to recognize persons’ and/or entities’ right to farm. Consistent with this policy, California Civil Code 3482.5 (right to farm law) provides that an agricultural pursuit, as defined, maintained for commercial uses shall not be or become a nuisance due to a changed condition in a locality after such agricultural pursuit has been in operation for three years.
2. The City has determined that the use of real property for agricultural operations in the Newman Planning Area, or which may be annexed into the incorporated City boundaries, is a priority use, and those inconveniences or discomforts arising from legally established agricultural activities or operation, as defined by City code or State law, shall not be or become a nuisance.
3. Where nonagricultural land uses occur near or adjacent to agricultural areas, the agricultural operations frequently become the subjects of nuisance complaints due to the lack of information about such operations. It is the intent of this chapter to reduce the premature conversion of existing agricultural resources by clarifying the circumstances under which an agricultural operation may be considered a nuisance. This chapter is not in any way modifying or abridging State law as set out in California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provisions of State law relative to nuisance. Instead, it is to be utilized only in the interpretation and enforcement of provision of this chapter and City regulations.
G. Preexisting Agricultural Operations Not a Nuisance (Right to Farm).
1. No agricultural operation, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with the proper and accepted customs and standards as established and followed by similar agricultural operation in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality. The above shall be the case provided that the agricultural operation has been in operation for more than three years.
2. Subsection (G)(1) of this section shall not apply wherever a nuisance result from the negligent or improper handling of any such agricultural operation by person(s) or entities responsible for such operations, and in the customary manner of any navigable lake, river, bay, stream, canal, basin or any public park, square, street or highway. Nothing in this chapter shall prevent anyone from complaining to any appropriate agency, or taking any other available remedy, concerning any unlawful or improper agricultural practice.
H. Disclosure in Discretionary Development Approvals. All discretionary development approval administered by the City of Newman Planning Department for lands adjacent to an agricultural operation shall include a reference to this chapter. These discretionary development approvals shall include, but not be limited to, the approval of tentative and final maps for residential purposes. The reference to this chapter shall make it incumbent upon the individual or entity requesting a discretionary development approval to make a good faith effort to coordinate with the adjacent agricultural operator cropping patterns, harvesting, applications of herbicides and pesticides, and hours of farming operations with the expressed intent to reduce or eliminate the potential conflicts between agricultural and urban land uses. (Ord. 2002-2 § 1, 8-13-2002)
5.23.150 Storage containers.
It is the intent of this section to limit, except as provided herein, the placement and use of any storage container as an accessory building, storage building or living unit on residentially zoned and other zoned land where residential uses are established. This limitation is to protect the public health and safety and the aesthetic quality of the City of Newman.
A. No person shall maintain, keep, allow, use, permit, place or cause the placement of a storage container to be utilized as an accessory building, storage building or living unit on residentially zoned land and/or land used for residential purposes.
B. The City, through the issuance of a temporary storage container permit, may approve the temporary maintenance or keeping of a temporary storage container for a period not to exceed 60 days, subject to the existence of an active building permit for a residential remodel or addition of 100 square feet or more or submitted evidence identifying extenuating circumstances that exist that necessitate the use of a storage container for a temporary use.
1. Temporary storage container permits will be granted for a period of 60 days. At the expiration of the 60-day period, applicants may seek one 30-day extension of their permit by submitting an extension application to the Community Development Department. Temporary storage container and subsequent extension permit fees shall be set forth by resolution of the City Council.
2. Should the City approve a temporary storage container permit and/or extension, the following shall apply:
a. An insurance certificate (explicitly covering said container) providing liability insurance in the amount of $100,000 provided by the company supplying the storage container or the property owner.
b. Temporary storage containers shall not be used as living space.
c. The storage container shall be kept in good condition and free of graffiti.
d. Electrical power shall not be provided to the storage container.
e. No more than one container may be located on a lot at any time, and the container shall be no larger than eight feet in height and eight feet wide by 20 feet long.
f. In no instance shall the container encroach into or be located within the public right-of-way.
g. The placement of the container shall be located within the side or rear yard of the property.
i. Such storage container shall be situated no closer than five feet to any building or property line unless otherwise approved by City staff.
h. In the case where placement of a storage container in a side or rear yard is determined not feasible by the City, said container may be placed in the front yard or driveway of a residentially zoned lot with City approval.
i. Such storage container shall be situated no closer than five feet to any property line unless otherwise approved by the City Fire Chief.
i. In the case of a corner lot abutting upon two streets, no storage container shall be positioned so as to project beyond the front yard required on any adjacent lot, nor shall it be located closer to either street line than is permitted for the main building on the lot.
j. The maximum time period for the storage container to be on site is 60 days from the date of the temporary storage container permit issuance. The Community Development Department may grant one 30-day extension (for a total of 90 days) if it is determined that construction activities are diligently being carried out towards a timely completion.
k. Temporary storage containers may only be placed on property once during a calendar year and shall not be reutilized for a minimum of 12 months from the date of removal.
C. Whenever the City discovers or it is brought to their attention that there is a storage container located on residential property within the City, the Community Development Department shall cause written notice to be served upon the owner of the property on which the storage container is located by registered mail or by personal service. Such notice shall state that the storage container shall be removed within 10 business days of receipt of notice. If no response is received at the conclusion of the 10-day period, the City may proceed with the abatement of the storage container at the property owner’s expense without further notice.
1. If not reimbursed, the cost of abatement by the City will be assessed upon the subject property and such costs will constitute a lien upon the land until paid in full.
D. If any provision, section, paragraph, sentence, clause or phrase of this section, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional. (Ord. 2009-8 § 2, 7-28-2009)
5.23.160 Residential resale inspection program.
A. Intent. The City Council of the City of Newman finds that citizens and potential property owners need information about property proposed for sale or transfer in order to protect their safety and legal interest during the sale or transfer of property. It is one of the purposes of this section to assist in, but not guarantee, the disclosure of information from City records about real property within the City. It is also the purpose of this section to assist the City in abating public nuisances and enforcing established building and zoning ordinances by identifying properties in violation of the City Codes.
B. Disclosure Report Required. Prior to the close of escrow or transfer of title for sale or exchange of any residential real property, the seller or his/her designee shall obtain, from the City, a residential resale inspection report that describes the legal use, occupancy, zoning classification and any potential Code violations of such property and all other pertinent information thereto.
C. Issuance of the Report. Upon application of the seller or his/her designee on a form prescribed by the City and the payment of a fee established by resolution of the City Council, the Community Development and Building Departments shall review pertinent City records insofar as they are available, inspect the exterior of the subject property after the receipt of a completed application, and make available to the applicant within 10 business days a report which contains the following information about the subject property insofar as it is available as of the date the report is issued:
1. The street and assessor’s parcel number;
2. The zoning classification as set forth in the Municipal Code;
3. The type of occupancy as indicated and established by permit of record;
4. A determination whether the property is located within a special flood hazard area and/or floodway;
5. Any apparent violations of applicable Codes and regulations existing upon the subject property and its improvements which are of record or are revealed in the course of an exterior inspection by City.
Errors or omissions in said report shall not bind or stop the City from abating any dangerous defects on the property by legal action against the seller, buyer, or any subsequent owner. Said report does not address guarantee of the structural stability of any existing building, nor does it relieve the owner, his agent, architect, or builder from designing and building a structurally stable building which meets the requirements of adopted Codes and ordinances. Said report shall be valid only as to the specific transaction for which the inspection and review of the records was made by the City; provided, however, that, in the event said transaction is not consummated, the report shall be valid for a period of 180 days on the condition that, if a subsequent transaction is arranged during that period, the property shall again be inspected by City and a supplemental report issued, if necessary, without charge to the owner.
D. Delivery of Report. The report shall be delivered by the seller to the buyer of the property prior to the close of escrow or transfer of the property. The buyer shall execute a receipt on a form furnished by the City and seller shall deliver either by hand delivery or first class mail said receipt to the Community Development Department or its authorized representative as evidence of compliance with the provisions of this chapter.
E. Exceptions. The provisions of this chapter shall not apply to the following:
1. The first sale of a newly constructed and previously unoccupied residential building within six months after final inspection by the City.
2. Sales administered by courts of law, such as probate sales, sales on execution of a judgment, sales in bankruptcy, joint-tenancy terminations on account of death, and transfer between spouses or between kindred of the first degree.
F. Sale or Exchange of Residential Property. No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provisions of this section unless such failure is an act or omission which would be a valid ground for recision of such sale or exchange in the absence of this section.
G. Penalties. In cases where the seller fails to provide the report in accordance with the provisions of this chapter, a penalty in an amount to be determined by resolution of the City Council shall be imposed upon seller. Any person violating any provisions of this chapter shall be guilty of an administrative violation.
H. Enforcement. Code violations and abatements shall be addressed/administered as per Chapter 8.06 NCC.
I. Nonliability of the City. The issuance of the residential resale report is not a warranty or representation by the City that the subject property or its present use is or is not in compliance with the law. The City does not represent or warrant that the information contained in the report will be complete and/or accurate. Neither the enactment of this chapter nor the preparation of and delivery of any report required hereunder shall impose any mandatory duty upon the City to completely and accurately inspect the exterior of said subject property, report the information from its records or impose any liability upon the City for any errors or omissions contained in said report. All persons receiving report should independently verify the information contained therein before relying upon it. (Ord. 2010-2 § 2, 2-9-2010)