Chapter 17.56
SPECIFIC USE REGULATIONS
Sections:
17.56.030 Vehicle and other storage.
17.56.050 Assemblages of persons and vehicles.
17.56.080 Access to public road.
17.56.090 Accessory structures.
17.56.100 Height limitations and modifications.
17.56.110 Yards, fences, walls and hedges.
17.56.130 Shoreline protection and alteration.
17.56.150 Public access to the shoreline.
17.56.170 Landscaping and screening.
17.56.010 Applicability.
The following specific regulations are intended to provide for the location and control of certain special and accessory uses and to provide supplementary regulations pertaining to yards, buildings, parking and nonconforming uses which apply to several zones or uses. The following regulations shall apply in all zones. Where the provisions of this chapter conflict with the provisions of any zone, the provisions of this chapter shall apply. [Ord. 166 § 6.01, 1979].
17.56.020 Accessory uses.
Accessory uses, as defined herein, shall be permitted as appurtenant to any permitted use, without the necessity of securing a use permit, unless particularly provided in this chapter; provided, that no accessory use shall be conducted on any property in the SE, SR and UR zones unless and until the main building is erected and occupied, or until a use permit is secured. Use of a recreational vehicle as a temporary residence by visitors for not more than 15 days in any calendar year shall be a use accessory to a dwelling. [Ord. 166 § 6.02, 1979].
17.56.030 Vehicle and other storage.
Abandoned, unlicensed, inoperable or partially dismantled vehicles may be parked within the confines of a legally established vehicle repair business. They may also be stored within any enclosed building. Also, not more than two vehicles intended to be repaired or restored may be parked outdoors if they are located in the rear yard and are screened by a sight-obscuring fence, wall or hedge. Storage of crabpots, boats, and recreational vehicles is permitted in required yard areas except in the street corner area identified in TMC 17.56.110(F); provided, that access to the perimeter of the dwelling is not obstructed, and no such storage is closer than five feet to the front lot line. Storage of building materials, equipment and appliances and similar unsightly items shall not be stored in the required front or street side yard for more than 30 days in any year. [Ord. 166 § 6.03, 1979].
17.56.040 Animals.
A. In all zones no more than four household pets such as dogs and cats may be kept as an accessory use to a dwelling, unless a use permit is obtained. In addition to any household pets, not more than four small domestic animals, including rabbits and poultry, may be kept in the suburban residential and urban residential zones on a lot 8,000 square feet in area or less. No rooster over the age of six months shall be permitted in the urban residential zone. One additional small domestic animal may be kept for each 2,000 square feet of area by which the lot exceeds 8,000 square feet.
B. In addition, the following domestic animals may be kept as accessory to a dwelling in the suburban residential zone:
1. One large domestic bovine or equine animal may be kept on a lot of not less than one acre. One additional animal may be kept for each half acre by which the lot exceeds one acre;
2. Two medium sized domestic animals, including sheep and goats, may be kept on any lot of not less than 20,000 square feet. One additional animal may be kept for each 10,000 square feet of area by which the lot exceeds 20,000 square feet. [Ord. 166 § 6.04, 1979].
17.56.050 Assemblages of persons and vehicles.
No circus, carnival, open-air or drive-in theater, vehicular racetrack, religious revival tent or similar assemblage of people and vehicles shall be permitted in any zone unless a use permit is first secured. [Ord. 166 § 6.05, 1979].
17.56.060 Home occupations.
Home occupations, including but not limited to sewing, music studios, art studios, home and health care product distributors, bookkeeping, rooming and boarding, or not more than two persons, including tourists, shall be permitted as an accessory use to any dwelling, subject to the following conditions:
A. No employees other than members of the resident family;
B. Not more than one sign not to exceed three square feet in area and attached to the dwelling;
C. No outside display of merchandise;
D. Electrical motors only, and not to exceed a total of one horsepower;
E. No radio or television interference or noise audible beyond the boundaries of the site;
F. No significant increase in automobile, traffic over normal residential use and no trucks of greater than three-quarter ton on the site. [Ord. 166 § 6.06, 1979].
17.56.070 Mobile buildings.
Mobile buildings, including mobilehomes, shall not be stored in the city. Outside of the MH combining zone a mobilehome or mobile building may be located on a lot and used for a residence or office only under the following conditions:
A. One mobile building may be used as an office, appurtenant and accessory to the operation of a mobilehome or RV sales area.
B. One mobile building may be permitted as a temporary office or residence after obtaining a building permit for the construction of a permanent building of the same use on the same lot, subject to the approval of the building inspector. Such use of the mobile building shall be limited to six months from the date of building permit issuance and shall automatically terminate upon the expiration or voidance of the building permit. The building inspector may approve one additional time period of six months if substantial progress has been made in the construction of the permanent building and it is reasonable and probable that the permanent building will be completed within such additional period.
C. A mobile building may be used, subject to obtaining a use permit, as a temporary office by a construction contractor.
D. A mobile building may be used, subject to obtaining a use permit, for an office and sales of fishing equipment in conjunction with the operation of the harbor. The mobile building shall be sited, and the exterior appearance modified to blend the unit with the harbor environment. The existing parking area shall not be reduced, and the building must be removed from the harbor area between October 1st and April 15th of each year.
E. A mobilehome is considered a single-family dwelling if it is on a permanent foundation and:
1. Conforms to the National Mobile Construction and Safety Standards of 1974;
2. Meets the requirements of Chapter 29 of the UBC, 1979 Edition;
3. Conforms to the criteria for single-family dwellings, as specified in TMC 17.56.190. This is to include the mobilehome itself and any attached or accessory structures, such as covered porches, carports;
4. Should be at least double-wide. Single-wide mobilehomes are considered to be out of character with the existing community. [Ord. 84-180 § 1, 1984; Ord. 175 § 1, 1981; Ord. 166 § 6.07, 1979].
17.56.080 Access to public road.
All lots created subsequent to the adoption of these regulations shall have 25 feet of frontage on a public road, or 25 feet of frontage on a public easement at least 25 feet wide from the lot to a public road. Lots existing on the effective date of the regulations codified in this chapter not having such access to a road may be used for the purpose provided in these regulations if a use permit is first obtained incorporating such conditions as the planning commission deems necessary to ensure sufficient access to a public road. [Ord. 166 § 6.08, 1979].
17.56.090 Accessory structures.
Accessory structures shall be located in the area between side property lines from the rear lot line to the rear of the front yard, except that accessory structures shall not be closer than 10 feet to any on-site building and not closer than 15 feet to any side lot line abutting a street. Accessory structures for nonhousehold animals shall not be located closer than 50 feet to any dwelling. Accessory structures shall not be more than 15 feet in height in the SR and UR zones and shall comply with the maximum building height limitation in other zones. [Ord. 166 § 6.09, 1979].
17.56.100 Height limitations and modifications.
Heights of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point of the roof. Chimneys, vents, flagpoles, conventional television reception antennas, ventilating and air conditioning equipment, parapet walls and similar architectural and mechanical appurtenances shall be excluded in making such measurement. [Ord. 166 § 6.10, 1979].
17.56.110 Yards, fences, walls and hedges.
The minimum yard requirements set out in Chapters 17.16 through 17.52 TMC shall be subject to the regulations of this section:
A. Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half feet into a side yard and four feet into front, streetside and rear yards. Uncovered porches, decks, balconies, stairways, fire escapes or landings may extend a maximum of eight feet into front, streetside or rear yards and three feet into side yards.
B. The streetside yard on a corner lot shall be 15 feet.
C. Sight-obscuring fences, walls or hedges within a required front yard or required side yard adjacent to a street more than two and one-half feet in height shall not be located closer than 15 feet to the point where the edge of a driveway crosses the property line. Fences located within a required front yard, or side yard adjacent to a street, shall not exceed four feet in height.
D. Fences, walls and hedges located within a required interior side yard or required rear yard shall not exceed six feet in height. However, the building inspector may approve fences, walls and hedges higher than six feet within a required interior side yard, or required rear yard if the owner obtains written consent from the adjoining property owner. Emergency access through such fencing shall be provided when it obstructs access to a building.
E. Fences, walls and hedges within the buildable portion of a lot may exceed six feet in height, but emergency access shall be provided when the fence, wall or hedge obstructs access to a building.
F. For corner lots, within the area lying between the front and street side lot lines and a line connecting points on these lot lines 20 feet from their intersection, sight-obscuring fences, walls and vegetation shall not exceed two and one-half feet in height above the established grade of either street. Tree trunks, posts or columns not exceeding 18 inches in cross-sectional width, measured at three feet above the established grade of either street, shall be permitted; provided, that tree branches are removed up to eight feet above the grade of either street.
G. Limitations on fence height shall not be deemed to prohibit non-sight-obscuring safety or security fences of any height necessary for public playgrounds, public utilities, and other public installations. [Ord. 166 § 6.11, 1979].
17.56.120 Swimming pools.
Any artificial pool, pond, lake or open tank, not completely enclosed within a building, which is normally capable of containing water to a depth greater than 18 inches at any point and in which swimming or bathing is permitted to the occupants of the premises on which it is located, or their guests, and which shall not be used for commercial purposes, shall be permitted as an accessory structure in any zone and shall be subject to the following regulations:
A. Such pool shall be located on the rear one-half of the lot and in any case not less than 50 feet from the lot line, nor closer than five feet to a side or rear lot line. Filter and heating systems shall not be located within 10 feet of any lot line;
B. Such pool or the property on which it is located shall be completely enclosed by a wall or fence not less than four and one-half feet in height, containing no openings greater than four inches except for self-closing and self-latching gates on which the latch is at least four feet above ground level in order that full control of access by children may be maintained. [Ord. 166 § 6.12, 1979].
17.56.130 Shoreline protection and alteration.
A. The following regulations shall apply to the construction of shoreline protection works and to any dredging, diking, damming, channelization, filling or similar activity in the area less than 20 feet above mean lower low water or within the 100-year floodplain or any perennial stream in the city.
B. Before any dam, dike, fill, groin, revetment, breakwater, retaining wall or similar structure, or dredging, diversion, channelization or similar activity shall be constructed or undertaken within the city, the applicant or lead agency shall provide the city with a project description, environmental analysis and evaluation of the potential impacts of the project on the character and function of the affected environment, the social and economic character and function of the city and its residents. Such uses shall be subject to a use permit. The use permit shall not be granted unless the planning commission determines that the project conforms with the general plan and will not create undesired impacts on the environment or the community. [Ord. 168 § 4, 1980].
17.56.140 Rare plants.
The city shall refer all applications for development in the area north of Main Street (extended to the west and east) to the California Department of Fish and Game to determine if rare plants exist on the site. If such plants are found, any permit shall require that the developer meet any mitigation requirements recommended by the department. If a new location of a rare or endangered plant is found in the future, the city will require the applicants of a development permit to notify the California Department of Fish and Game if the development is within 100 feet of the location of the plant. Any permit shall require that the developer meet any mitigation requirements recommended by the Department of Fish and Game. [Ord. 167 § 9, 1980; Ord. 166 § 6.14, 1979].
17.56.150 Public access to the shoreline.
A. As a condition of approval for any variance, conditional use permit or design review of new development, the landowner shall offer to dedicate an easement for public access, for a period of 21 years, along the ocean shoreline from the mean high tide line up to the first line of terrestrial vegetation or a distance inland of 25 feet, whichever is the greater, and a 25-foot-wide easement along any trail designated in the Trinidad general plan located on the subject property. These public easements shall only take effect when a public or private trust approved by the city accepts responsibility for liability and the improvement and maintenance of the access easement.
B. The following restrictions apply in this 25-foot easement:
1. Existing motorized access shall not be enlarged and where motorized access does not exist, it shall not be allowed;
2. Foot trail portions of the easement shall not exceed 10 feet in utilized width;
3. Existing foot trails should be used except when design or stability problems require a change;
4. Buffer zone areas on the unutilized portions of the foot trails shall not be open to the public.
C. For purposes of this section, “new development” does not include:
1. The replacement of any structure, other than a public works facility destroyed by a disaster. The replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height or bulk of the destroyed structure by more than 10 percent, and shall be sited in the same general location on the affected property as the destroyed structure;
2. The demolition and reconstruction of a single-family residence; provided, that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure;
3. Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height or bulk of the original structure by more than 10 percent, which do not block or impede public access and which do not result in a seaward encroachment by the structure;
4. The reconstruction or repair of any seawall; provided, that the reconstructed or repaired seawall is not seaward of the location of the former structure;
5. Any repair or maintenance activity for which the commission has determined that a coastal development permit will be required unless the commission determines that activity will have an adverse impact on lateral public access along the beach.
D. As used in this section, “bulk” means total interior cubic volume as measured from the exterior surface of the structure.
E. As used in this section, “disaster” means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owners.
F. As used in this section, “structure” includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.
G. Nothing in this section shall restrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by government code. [Ord. 84-180 § 6.15, 1984; Ord. 175 § 2, 1981; Ord. 167 § 10, 1980; Ord. 166 § 6.15, 1979].
17.56.160 Signs.
A. In all zones the following signs shall be permitted; provided, that signs permitted in subsections (A)(2) and (3) of this section shall be subject to review by the planning commission:
1. A residential nameplate bearing the name of the occupant and not exceeding two square feet; provided, that three square feet shall be permitted for a residence with a home occupation;
2. Identifying sign and/or bulletin board for a church, school or other public or religious use, which may be indirectly lighted, not exceeding 32 square feet in area and located on the premises; provided, that it is no closer than 10 feet from any property line;
3. No more than two signs advertising a subdivision or housing development located on the premises thereof, unilluminated not exceeding 32 square feet in area each and not less than 10 feet from any property line;
4. Unilluminated signs not exceeding a total area of six square feet, and not more than two in number pertaining to the sale or lease of residential property and unilluminated signs not exceeding 32 square feet and not more than two in number pertaining to the sale or lease of land in the PD, VS and C zones;
5. Public safety and directional signs not exceeding two square feet including no trespassing signs; political campaign signs and posters, provided such signs and posters are removed not more than 30 days after the date of the election;
6. One temporary portable sign not exceeding 32 square feet in area, during one 15-day period in any calendar year.
B. In the PD, VS and C zones on-premises signs shall be permitted, subject to the following regulations and the review of the planning commission:
1. The total advertising area permitted for any parcel of land shall be one square foot for each foot of street frontage; provided, that any parcel shall be permitted at least 20 square feet of advertising area, but in no case shall the advertising area for any parcel exceed 300 square feet. No individual sign established after the adoption of the ordinance codified in this title shall be greater than 50 square feet in area;
2. No freestanding sign shall exceed the maximum building height for the zone in which the sign is located. Signs attached to buildings shall not project more than three feet above the roof line;
3. Signs projecting over public rights-of-way shall not exceed 32 square feet in area, shall not project more than five feet, and shall not be closer than 14 feet to the ground unless attached to the underside of a projecting canopy, in which case the sign shall not be more than six square feet in area and shall not be closer than nine feet to the ground or sidewalk;
4. Signs that rotate, blink, flash, sparkle, resemble traffic-control signs, obstruct the visibility of any traffic sign, and portable signs in a public right-of-way are prohibited. Nonappurtenant signs are prohibited except that a maximum of two directional signs of not more than four square feet each may be permitted adjacent to primary collector streets subject to obtaining a use permit; and provided, that multiple identification signs included within a community business directory shall be permitted in the C zone, subject to a use permit. [Ord. 2001-01 § 7, 2002; Ord. 166 § 6.16, 1979].
17.56.170 Landscaping and screening.
These regulations are intended to protect individual properties from traffic glare and to improve the appearance of new development in the city:
A. Maintenance. All required planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, weeding, cleaning, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. All screening shall be in sound functional condition, or, whenever necessary, repaired and replaced.
B. Materials. Where trees are required in a new development they shall be of a species, degree of maturity, and spacing acceptable to the design assistance committee. Where dense landscaping to a specified height is prescribed, it shall be of a type that will provide a year-round barrier to the prescribed heights, and shall be so spaced that vision of objects on the opposite side is effectively eliminated.
C. Dense landscaping or solid wall or fence of a minimum height of six feet shall be provided along the rear and side property lines of any nonresidential use which abuts on a residential use; to screen any open area used for the storage of goods, materials, or waste from view from abutting properties and from public rights-of-way; to screen any open area used to display goods or materials for sale from abutting properties.
D. Prescribed fences, walls or dense landscaping need not be provided along a lot line if a fence, wall or dense landscaping of at least equivalent height, density and maintenance exists immediately abutting and on the opposite side of the lot line.
E. Perimeter landscaping shall be provided between parking spaces and adjacent street right-of-way whenever five or more parking spaces are required. Such landscaping area shall be at least four feet wide and protected from damage by a curb or header adjacent to the parking area. In addition, whenever five or more parking spaces are required one tree shall be provided, with an additional tree required for every 10 additional required parking spaces. Such trees shall be planted in tree wells at least four feet by four feet, protected by a curb or header. Whenever five or more parking spaces are required, at least two percent of the parking area, including the above required landscaping, shall be landscaped. [Ord. 166 § 6.17, 1979].
17.56.180 Parking.
Off-street parking and loading space shall be provided in all zones in conformity with the following:
A. Each required parking space shall not be less than eight feet six inches wide, 18 feet long and seven feet high; provided, that where three to four spaces are required, one space may be 16 feet long to accommodate compact cars; where five spaces are required, two may be 16 feet long; and where six or more spaces are required, up to 50 percent of the spaces may be 16 feet long.
B. Parking spaces shall be as follows:
1. Campground, RV park, motel: two spaces plus one space per unit;
2. Single-family dwelling and mobilehome on a lot: two spaces in addition to any garage spaces;
3. Attached dwellings (duplex, townhouse): one and one-half spaces per unit;
4. Offices and retail business: one space per 300 square feet of gross floor area, with a minimum of three spaces. One additional space per employee in a medical or dental office;
5. Restaurant, lounge: one space for each four seats or 200 square feet of gross floor area, whichever is the largest;
6. Drive-in restaurant: one space per 100 square feet of gross floor area;
7. Wholesale, service station, vehicle and equipment repair, day care center, retail sale of bulky items: two spaces plus one space per employee on largest shift;
8. Within the PD planned development zone: gift shops, personal services, professional offices, retail sales, visitor services and combined residence and businesses other than a home occupation: a minimum of three spaces for up to 500 square feet of gross floor area of the business; an additional one space per each additional 300 square feet of gross floor area of the business. This provision applies only in PD or planned development zones.
C. Required parking spaces shall be located on the same lot with the use to be served. Required parking shall not be located closer than 20 feet to the intersection of street rights-of-way. Where four or more dwellings are located on the same lot, outdoor parking shall not be closer than five feet to any on-site building and not closer than three feet to any side or rear lot line. Where more than four parking spaces are required, they shall not be located so as to require backing into the public street right-of-way. Where parking spaces or an aisle serving a parking facility is adjacent to the UR or SR zones, a sight-obscuring fence at least four feet high shall be provided.
D. Any parking facility of four or more vehicles, including access driveways and aisles, shall be graded and drained to dispose of surface water to the satisfaction of the city engineer, and shall be surfaced with concrete, asphaltic concrete, bituminous surface treatment or an equivalent satisfactory to the city engineer, and shall be maintained in good condition free of weeds, trash and debris. Individual parking spaces shall be designated by contrasting paint or markers.
E. Driveways providing access to a parking facility shall be at least 12 feet wide for each lane of travel, and aisles providing access to parking spaces shall be as follows:
1. One-way aisle serving angle parking less than 50 degrees, 12 feet wide;
2. One-way aisle serving angle parking 50 to 75 degrees, or two-way aisle serving angle parking less than 50 degrees, 18 feet wide;
3. Two-way aisle serving angle parking 50 degrees or more, or aisle serving more than 75-degree angle parking, 24 feet wide.
F. Parking facilities for nonresidential uses which will be used after dark shall be lighted; provided, that the light source shall be directed away from adjoining residential premises.
G. Required parking for residences and for uses requiring less than four parking spaces shall be graded and surfaced to provide an all-weather surface.
H. In the PD planned development zone, in lieu of providing parking facilities required by the provisions of this section, the requirements may be satisfied by payment to the city, prior to the issuance of the building permit, of an amount per parking space, prescribed by the council, for each parking space required by this section but not provided. The payment shall be deposited with the city in a special fund and shall be used, whenever possible, for the purpose of acquiring, developing, maintaining or enhancing parking facilities located, insofar as practical, in the vicinity of the use for which the payment is made. The council may decline to accept payment in lieu of providing parking facilities. [Ord. 87-190 § 1 (Exh. A), 1987; Ord. 167 § 10, 1980; Ord. 166 § 6.18, 1979].