Chapter 17.65
REQUIREMENTS APPLICABLE THROUGHOUT ZONES
Sections:
17.65.020 Accessory buildings and uses.
17.65.025 Overnight use of motor vehicles.
17.65.040 Corner clearance and clear vision area.
17.65.050 General exception to lot size requirements.
17.65.060 General exception to front yard requirements.
17.65.070 Special setback exceptions.
17.65.090 Authorization for similar uses.
17.65.100 Maintenance of minimum requirements.
17.65.110 Appeal of administrative decisions.
17.65.130 Residential uses in commercial zones.
17.65.145 Bed and breakfast establishments.
17.65.150 Manufactured dwellings.
17.65.010 Utilities.
A. The erection, construction, alteration, or maintenance by public utility or municipal or other governmental agencies of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings, shall be permitted in any district.
B. The developer shall make necessary arrangements with utility companies or other persons or corporations affected for the installation of underground lines and facilities. Electrical lines and other wires, including but not limited to communication, street lighting and cable television, shall be placed underground. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.015 Plan review.
At the discretion of the public works director or his/her designee, a developer of property may be required to pay for professional services as hired by the city to review plans. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.020 Accessory buildings and uses.
An accessory use shall comply with all requirements for a principal use, except where specifically modified by this section. The standards for accessory dwellings are found in subsection (A)(2) of this section. Accessory structures shall not be used for human habitation or prohibited accessory uses except as specified in this section. Accessory uses shall comply with the following standards:
A. An accessory structure is not to be used for human habitation; only an accessory dwelling unit may provide a distinctly separate dwelling unit at a smaller scope than the primary dwelling, provided it adheres to all the requirements within RRMC 17.105.120;
B. An accessory structure and use are subordinate to the primary use. Accessory structures and uses are not permitted without an established primary structure and use (e.g., a dwelling in a residential zone). Accessory structures and uses are subject to the development standards of the zone in which they are located;
C. Placement and construction of an accessory structure shall comply with all applicable building standards and site development standards;
D. Garages (detached) are accessory structures;
E. Boats, trailers, detached campers, motorized dwellings, recreational vehicles (RVs), and similar recreation equipment may be stored, but not used for human habitation, on a lot as an accessory use to a dwelling; provided, that storage is not permitted in a front or street side yard; and further provided, that street access is approved, and the vehicles are stored on an approved improved surface. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.025 Overnight use of motor vehicles.
A. The overnight use of motor vehicles for camping and living purposes is prohibited within the city limits, except as provided in subsections (B) and (C) of this section. In addition to the definition provided in state law, “motor vehicle” shall include any camping trailer, recreational vehicle or boat parked on a trailer which may be used for overnight sleeping.
B. The overnight use of motor vehicles is allowed in organized camping and recreational vehicle parks within the city.
C. Limited overnight use of motor vehicles is allowed on private property with an existing residential use. In no event shall a motor vehicle be used for overnight camping for a period of time exceeding 14 consecutive days or a total of 14 days per calendar year without special permission from the city.
D. No motor vehicle shall discharge any waste water or solid waste in the streets, public ways or upon private property except directly into a sanitary sewer specifically designed for such use. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.030 Fences and walls.
Fences and walls may be located as follows unless otherwise prohibited:
A. Said fences and walls may be located in any required front yard, provided they do not exceed four feet in height, when they are non-sight-obscuring fences (50 percent visibility). Fences that are sight-obscuring/solid fences may be located in any required front yard provided they do not exceed three and one-half feet in height.
B. Said fences and walls may be located in any rear yard or side yard, provided they do not exceed six and one-half feet in height, except when the side or rear yard abuts a street.
C. Where a side or rear yard abuts a street the fence cannot exceed four feet within 15 feet of the property line abutting the street, when it is a non-sight-obscuring fence (50 percent visibility). Where a side or rear yard abuts a street, sight-obscuring fences may be located within 15 feet of the property line abutting the street, provided they do not exceed three and one-half feet in height.
D. On a corner lot no fences and walls over four feet in height shall be constructed within the yards required adjacent to the streets, provided they are non-sight-obscuring fences (50 percent visibility). On a corner lot no fences or walls over three and one-half feet in height shall be constructed within the yards required adjacent to the streets, if they are sight-obscuring/solid fences.
E. The height of fences and walls shall be measured from the natural grade.
F. Fences and walls must comply with the floodplain restrictions in Chapter 15.55 RRMC, and cannot obstruct the free flow of floodwaters.
G. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, including noticeable leaning or missing sections, broken supports, nonuniform height, and growth of noxious vegetation.
H. Deer Fencing.
1. Deer fencing may be attached to a permitted front, side, or rear yard fence provided the area in excess of the allowable fence heights per this section is designed and constructed to provide a clear view through the fence:
a. Within required front yards, at least 85 percent of the surface shall be unobstructed to both light and air when viewed perpendicular to the plane of the fence.
b. Within required side and rear yards, at least 80 percent of the surface shall be unobstructed to both light and air when viewed perpendicular to the plane of the fence.
2. Deer fencing shall have a minimum height of six and one-half feet and shall not exceed eight feet above grade.
3. Permitted deer fencing materials may include: woven wire fencing, field fence, “hog panels,” wire strand, or polypropylene mesh net that is open and visible through the material. Within front yards all mesh material shall have a minimum open diameter of one and one-half square inches.
4. Deer fencing shall be supported by structural supports, or tension wires, that run along the top of the fence to prevent sagging.
5. Chain link fences shall not be considered deer fences under this section even if they meet the criteria above.
I. All fencing shall comply with the corner clearance and clear vision area requirements of RRMC 17.65.040.
J. All boundary line landscaping (to include hedges, shrubs, and vining walls) shall comply with the height and clear vision requirements in the same manner required of fences.
[Ord. 23-418-O § 124 (Exh. A-4)].
17.65.040 Corner clearance and clear vision area.
A. In order to provide a clear view of intersecting streets to the motorist, there shall be a triangular area of clear vision formed where two streets, a street and a railroad track, a street and a driveway, or a street and an alley intersect. The size of the triangular area is a function of traffic volume and speed, as shown in the table below:
|
Road Classification |
Distance Along Specified Lines From Intersection Point |
|---|---|
|
Driveway or alley |
15 feet |
|
Residential street (all kinds) |
20 feet |
|
Collector, arterial |
35 feet |
B. On any portion of a lot that lies within the triangular area described and illustrated below, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a height of three feet and 10 feet above the height of the top of the curb. Where there is no curb, the height shall be measured from the street centerlines.
C. The triangular area shall be formed by the following three lines (see figure below). The first line shall be the right-of-way line on the adjacent street; the second line shall be the right-of-way line on the other street, or the nearest edge of the driveway or alley; the third line shall connect two points, located on the above two lines, that are the specified distance depending on street type or driveway and alley as stated in the table above, from the intersection of the above lines.
D. The preceding provisions shall not apply to the following:
1. A public utility pole;
2. A tree trimmed (to the trunk) to a line at least eight feet above the level of the intersection;
3. Another plant species of open growth habit that is not planted in the form of a hedge and which is so planted and trimmed as to leave at all seasons a clear and unobstructed cross-view;
4. A supporting member or appurtenance to a permanent building lawfully existing on the date this standard becomes effective;
5. An official warning sign or signal;
6. A place where the natural contour of the ground is such that there can be no cross-visibility at the intersection;
7. On one-way streets, the triangle may be reduced or deleted from the downstream side of the intersection with approval of the public works director.
[Ord. 23-418-O § 124 (Exh. A-4)].
17.65.050 General exception to lot size requirements.
If a lot recorded in the office of the clerk of Jackson County at the time of passage of the ordinance codified in this chapter has an area or dimension which does not meet the lot size requirements of the district in which the property is located, the lot may be occupied by a use permitted outright in the district subject to all other requirements, provided it complied with all ordinances when it was recorded. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.060 General exception to front yard requirements.
If there are dwellings on both adjacent lots with front yards of less than the required depth for the district, the front yard for the lot need not exceed the average front yard depth of the adjacent dwellings. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.070 Special setback exceptions.
Bay windows, cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, patios, porches, and ornamental features, and other similar architectural features may project not more than 18 inches into a required yard or into a required open space as established by coverage standards. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.080 Access.
Residential lots shall have a minimum frontage of 60 feet upon a public street (other than an alley), except in the case of lots which abut a street having a centerline radius of 150 feet or less. Commercial/industrial lots shall have 40 feet of frontage. In no instance shall a residential lot abut upon a street for a width of less than 40 feet as in the case of a cul-de-sac or 25 feet as in the case of a flag lot.
A. Access to a public street requires an access permit in accordance with the following procedures:
1. Permits for access to city streets shall be subject to review and approval by the public works director. An access permit may be in the form of a letter to the applicant, or it may be attached to a land use decision notice as a condition of approval.
2. Permits for access to state highways shall be subject to review and approval by the Oregon Department of Transportation (ODOT), except when ODOT has delegated this responsibility to the city or Jackson County. In that case, the city or county shall determine whether access is granted based on its adopted standards.
3. Permits for access to county highways shall be subject to review and approval by Jackson County, except where the county has delegated this responsibility to the city, in which case the city shall determine whether access is granted based on adopted county standards.
B. The city or other agency with access permit jurisdiction may require the closing or consolidation of existing curb cuts or other vehicle access points, recording of reciprocal access easements (i.e., for shared driveways), development of a frontage street, installation of traffic control devices, and/or other mitigation as a condition of granting an access permit, to ensure the safe and efficient operation of the street and highway system.
C. Access to and from off-street parking areas shall not permit backing onto public streets zoned for multifamily, commercial or industrial uses. Driveway accesses shall be separated from other driveways and street intersections in accordance with the following standards and procedures:
1. Local Streets. There shall be a minimum of a 10-foot landscaped separation (as measured from the sides of the driveway) for driveways on local streets except for shared driveways. There shall be a minimum of 50 feet from a driveway to an intersection.
2. Arterial and Collector Streets. Driveway access spacing on collector and arterial streets shall be 50 feet, and 100 feet from intersections. Access to Interstate 5 and Highway 99 shall be subject to the applicable standards and policies contained in the Oregon Highway Plan.
3. Special Provisions for All Streets. Direct street access may be restricted for some land uses, in conformance with access consolidation and shared access as required by the city, county or ODOT for the purpose of protecting the function, safety and operation of the street for all users. Where no other alternatives exist, the permitting agency may allow construction of an access connection along the property line farthest from an intersection. In such cases, directional connections (i.e., right in/out, right in only, or right out only) may be required.
D. Number of Access Points. For single-family (detached and attached), two-family, and three-family housing types, one street access point is permitted per lot, when alley access cannot otherwise be provided; except that two access points may be permitted for two-family and three-family housing on corner lots (i.e., no more than one access per street), subject to the access spacing standards above. The number of street access points for multiple-family, commercial, industrial, and public/institutional developments shall be minimized to protect the function, safety and operation of the street(s) and sidewalk(s) for all users. Shared access may be required in order to maintain the required access spacing, and minimize the number of access points.
E. Shared Driveways. The number of commercial and industrial driveway and street intersections with public streets shall be minimized by the use of shared driveways with adjoining lots where feasible. The city shall require shared driveways as a condition of land division or site design review, as applicable, for traffic safety and access management purposes in accordance with the following standards:
1. Shared driveways and frontage streets may be required to consolidate access onto a collector or arterial street. When shared driveways or frontage streets are required, they shall be stubbed to adjacent developable parcels to indicate future extension. “Stub” means that a driveway or street temporarily ends at the property line, but may be extended in the future as the adjacent parcel develops. “Developable” means that a parcel is either vacant or it is likely to receive additional development (i.e., due to infill or redevelopment potential).
2. Access easements (i.e., for the benefit of affected properties) shall be recorded for all shared driveways, including pathways, at the time of final plat approval or as a condition of site development approval.
3. Exception. Shared driveways are not required when existing development patterns or physical constraints (e.g., topography, parcel configuration, and similar conditions) prevent extending the street/driveway in the future.
F. Where vehicular access and circulation cannot be reasonably designed to conform to code standards within a particular parcel, shared access with an adjoining property shall be considered. If shared access in conjunction with another parcel is not feasible, the city may grant a variance to the access requirements after finding the following:
1. There is not adequate physical space for shared access, or the owners of abutting properties do not agree to execute a joint access easement;
2. There are no other alternative access points on the street in question or from another street;
3. The access separation requirements cannot be met;
4. The request is the minimum adjustment required to provide adequate access;
5. The approved access or access approved with conditions will result in a safe access; and
6. The visual clearance requirements of RRMC 17.65.040 will be met. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.090 Authorization for similar uses.
The planning commission may recommend that a use not specifically named in the examples of allowed uses of a district shall be included among the allowed uses, if the use is of the same general type and is similar to the listed uses. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.100 Maintenance of minimum requirements.
No lot area, yard, or other open space, or required off-street parking or loading area existing on or after the effective date of the ordinance codified in this chapter shall be reduced in area, dimension, or size below the minimum required by this title, nor shall any lot area, yard, or other open space or off-street parking or loading area which is required by this title for one use be used as the lot area, yard, or other open space or off-street parking or loading area requirement for any other use. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.110 Appeal of administrative decisions.
A. The planning commission shall have the power to hear and decide appeals of interpretation of the provisions of this title.
B. Any appeal from a decision relating to the interpretation of this title shall be in writing, and shall be filed with the planning commission within 12 days after such decision; such appeal shall set forth the reasons therefor.
C. The planning commission shall consider such appeal and render its decision within 45 days after filing thereof.
D. In case an applicant is not satisfied with the action of the planning commission on his appeal, he may within seven days after the action of the planning commission appeal in writing to the city council.
E. Notice shall be given to the planning commission of such appeal and a report shall be submitted to the council setting forth the reasons for action taken by the commission or it shall be represented at the council meeting.
F. The city council shall render its decision within 45 days after the filing of such appeal. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.120 Duties of officers.
All departments, officials and employees of the city of Rogue River vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permits, certificates, or licenses for uses, buildings, or purposes in conflict with the provisions of this title, and any such permit, certificate, or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void. It shall be the duty of the public works director to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure and the use of any land, building or premises. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.130 Residential uses in commercial zones.
Structures designed for residential use, when located within a commercial district, shall comply with the requirements of the R-2 high density residential district. The requirements include, but are not limited to, size, setbacks and lot coverage. Dwelling units within structures, the first floor of which is designed for nonresidential uses, may occupy second floor or above portions of the structure without having the side, front or rear yard required for residential structures, provided such units comply with such commercial uses as may exist concerning the health, safety and structural aspects of their design and maintenance. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.140 Home occupations.
The purpose of this section is to support those who are engaged in small business ventures that could not necessarily be sustained if it were necessary to lease commercial quarters, or which, by the nature of the venture, are appropriate in scale and impact to be operated within a primary dwelling unit or in an approved accessory structure or accessory dwelling unit. More than one home business may be operated on site provided the home businesses comply with the following standards cumulatively. There are three classes of home occupation.
A. General Operational Standards. All home occupations must meet the following operational standards:
1. The home occupation must be owned and/or operated by a resident of the home business site.
2. The primary use of the dwelling unit must remain residential.
3. The home occupation, except for outdoor storage, must be conducted wholly within lawfully built, enclosed structures and in such a manner as not to give an outward appearance of a business. For outdoor storage, see subsection (A)(4) of this section.
4. Outdoor storage, including but not limited to inventory, supplies, or equipment, must be completely screened behind a sight-obscuring wall or fence or within an enclosed structure so that the products, equipment or materials are not visible from the public right-of-way or abutting properties or common areas.
5. The home occupation must not result in any alterations or additions to a structure that will change the primary use or the primary use’s building code classification.
6. A maximum of two personal motor vehicles and/or trailers owned or leased by the residents and used in conjunction with a home business may be parked outdoors. Any additional motor vehicles and/or trailers utilized for a home business must be parked inside a lawfully built, enclosed structure.
7. The home business must not produce radio or TV interference, glare, dust, vibration, smoke, odor, or noise beyond allowable levels as determined by local, state or federal standards or that can be detected beyond the property line.
B. Class A Home Occupation. A class A home occupation is one where the residents use their home as a place of work and no nonresident employees nor clients/customers come to the site. Class A home occupations also provide an opportunity for the residents to use their home as a business address but not as a place of work, for professions where the work is performed online or done at other locations.
1. Review Procedure. Class A home businesses are considered permitted accessory uses, processed in accordance with Type I procedure.
2. A class A home occupation is intended to have no or negligible impact to the existing neighborhood and must meet the general standards of subsection (A) of this section and the following standards:
a. Only the residents of the dwelling unit participate in the home occupation on site.
b. No nonresident employees nor clients/customers come to the home occupation site.
c. There are no restrictions on occupation hours.
d. There is no outward indication of occupation activity.
C. Class B Home Occupation. A class B home occupation is one where the residents use their home as a place of work and involves a limited number of nonresident employees and/or clients or customers coming to the site.
1. Review Procedure. A class B home business is subject to the Type II procedure.
2. A class B home occupation is intended to have minimal impact to the existing neighborhood and must meet the general standards of subsection (A) of this section and the following standards:
a. Only the residents of the home and one nonresident employee can participate in the home occupation. Off-site employees are permitted.
b. Clients or customers are only permitted at the home business from 8:00 a.m. to 7:00 p.m. Monday through Friday and 10:00 a.m. to 4:00 p.m. Saturday and Sunday.
c. A class B home occupation is not permitted on a site with a short-term rental.
D. Class C Home Occupation. A class C home occupation is one where the residents use their home as a place of work and the scope of the business activities exceeds the standards for a class B home occupation.
1. Review Procedure. A class C home business is subject to the Type III procedure.
2. A class C home occupation is intended to have minimal impact to the existing neighborhood and must meet the general operational standards of subsection (A) of this section and the following standards:
a. Only the residents of the home and up to three nonresident employees can participate in the home occupation. Off-site employees are permitted.
b. Clients or customers are only permitted at the home occupation from 8:00 a.m. to 7:00 p.m. Monday through Friday and 10:00 a.m. to 4:00 p.m. Saturday and Sunday.
c. A class C home occupation is not permitted on a site with a short-term rental.
E. Exemptions. Garage, yard, or estate sales, so long as they do not exceed three consecutive days four times per calendar year, shall be exempt from home occupation requirements.
F. Prohibited Uses. The following uses are prohibited as home occupations:
1. Any occupation utilizing the residence as a headquarters or dispatch centers where employees come to the site and are dispatched to other locations.
2. On-site retail sales, except that the sale of items that are incidental to a permitted class B or C home occupation are allowed. For example, the sale of lesson books or sheet music by music teachers, art or craft supplies by art or craft instructors, computer software by computer consultants, and similar incidental items for sale by a home business are allowed.
3. Ambulance service.
4. Animal hospital, veterinary services, kennels or daytime or overnight animal boarding.
5. Any occupation involving repair, reconditioning, after-market modification or customization, sales or storage of motorized vehicles, boats, recreational vehicles, airplanes, or large equipment on site.
6. Marijuana businesses.
G. Enforcement. The city administrator or designee may visit and inspect the site of a home business in accordance with this chapter periodically to ensure compliance with all applicable regulations, during normal business hours, and with reasonable notice. A code violation may be issued should the home occupation be found in violation of this subsection. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.145 Bed and breakfast establishments.
All bed and breakfast establishments shall be owner occupied. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.150 Manufactured dwellings.
Manufactured dwellings are permitted wherever single-family dwellings are allowed subject to the following requirements:
A. All manufactured dwellings shall comply with the regulations of ORS Chapter 446 and OAR 814-23-050 through 814-23-080. No manufactured dwelling shall be placed upon a lot unless it has the Oregon insignia of compliance as provided for in ORS 476.170.
B. No manufactured dwelling shall be placed upon a lot unless the owner of the manufactured dwelling is also the owner of the lot. The term “owner of the lot” shall include the person holding title by recorded deed and also a person who is a contract purchaser whose contract or a memorandum thereof is recorded.
C. The manufactured dwelling shall be set up in compliance with the Oregon Manufactured Dwelling and Park Specialty Code, including a continuous skirting.
D. No manufactured dwelling shall be placed on a lot unless provisions for off-street parking spaces are provided as required by RRMC 17.70.020.
E. No manufactured dwelling shall be occupied until it is connected with the city water and sewer systems.
F. No manufactured dwelling shall be occupied until it has passed a final inspection from the building official of the city of Rogue River. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.160 Mobile vendors.
A. Mobile businesses, including but not limited to push carts, mobile carts, trucks, vans, buses, trailers, etc., are prohibited from selling, displaying, soliciting, bartering, giving, and/or exchange of any merchandise or foodstuff in any zoning district within the city limits of Rogue River.
1. Exemptions.
a. Any mobile business or mobile food merchant that has been approved for a special event submitted pursuant to this code shall be exempt from the requirements pertaining to mobile vending; provided, that the vending vehicle is parked for only the duration of the special event to conduct its business.
b. Special events include:
i. Any city-sponsored or approved event.
ii. Community events that serve the local community, including cultural, holiday, sports, or program themes relative to the purpose of the event.
iii. Events sponsored to promote the city by service clubs, schools, civic groups, and local social groups that are non-revenue generating. The event may pay a use fee, but the revenue generated is not for profit or financial gain of any individual, corporation, or privately held organization.
iv. Growers’ markets that are a one- or two-day event if approved and properly licensed by the city.
c. Outdoor cooking in conjunction with and conducted on the premises of an established retail store, such as a barbecue or smoker, to prepare foods that will be served in the existing retail establishment and must be approved by the city building department and the Rogue River fire department.
d. Mobile businesses that are not stationary and are providing services to individual citizens, or businesses, such as:
i. Ice cream trucks.
ii. Delivery trucks.
iii. Mobile veterinary.
iv. Mobile car service.
v. Other mobile businesses as approved by the city administrator or his/her designee.
e. This list is not all-inclusive; new uses and activities determined to be consistent with and which should be exempted may be included through a similar use interpretation made by the city administrator or his/her designee.
2. Rules Pertaining to Exempt Mobile Vendors.
a. All mobile businesses shall comply with all state, federal and local laws, including the city of Rogue River occupation tax requirements of Chapter 5.05 RRMC.
b. Vending vehicles must be brought to a complete stop and be lawfully parked adjacent to the curb prior to initiating vending operations.
c. Mobile food merchants operating a vending vehicle must provide or have garbage receptacles readily available for immediate use by customers of the vending vehicle.
d. Mobile businesses and mobile food merchants operating a vending vehicle must pick up, remove and dispose of all garbage, refuse or litter consisting of foodstuff, wrappers, and/or materials at time dispensed from the vending vehicle, and any residue deposited on the street from the operation thereof, and shall otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the location where mobile food vending is occurring.
e. No mobile business or mobile food merchant shall sell, display, solicit, barter, gift, and/or exchange or otherwise distribute any merchandise or foodstuff as provided in this code from a vending vehicle within 200 feet of the entrance to a business establishment which is open for business and is offering for sale any products or foodstuff as an item offered for sale by the mobile vendor; or within 200 feet of any restaurant, cafe or eating establishment which is open for business.
f. No mobile business shall operate on any public land including publicly owned property.
g. It is unlawful for every mobile business or mobile food merchant to serve, sell or offer for sale, display, solicit, barter, exchange, gift or otherwise any merchandise, food and/or beverages to any minor child attending any daycare, public or private school within the city, on the street or from other public places within 500 feet of the exterior boundaries of land on which is located any daycare, public or private school building within the city between the hours of 7:00 a.m. and 4:00 p.m. of any school day.
h. The above provision shall not apply to any mobile business or mobile food merchant who has received written consent of the school principal or other authorized school official to park, stop or stand for the purpose of vending when such authorization does not interfere with public vehicle traffic or pose a traffic safety hazard to school children. Any such written authorization shall state the duration of allowed vending and shall be kept and maintained with the mobile merchant at all times for inspection.
3. Appeal.
a. An appeal of the city administrator’s decision shall be made to the city council.
b. An appeal shall be made in writing and submitted together with the required fee within 10 business days of the date of denial. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.170 Short-term rentals.
A. Applicability.
1. No person can occupy, use, operate or manage, nor offer or negotiate to use, lease or rent, a dwelling unit for short-term rental occupancy unless issued a short-term rental (STR) approval or exempted under this chapter.
B. Review Procedure. Short-term rentals shall be permitted in accordance with Type I procedure.
1. Occupants.
C. Operational Requirements.
1. Short-term rental owners or agents shall obtain a business license with the city.
2. Short-term rentals shall pay the prescribed transient room tax to the city.
3. It is the owner’s responsibility to assure that the short-term rental is and remains in substantial compliance with all applicable codes regarding fire, building and safety, health and safety, and other relevant laws. [Ord. 23-418-O § 124 (Exh. A-4)].
17.65.180 Interpretation.
The provisions of this chapter shall be held as the minimum requirements fulfilling its objectives. Where the conditions imposed by a provision of this chapter are less restrictive than comparable conditions imposed by any other provisions of this chapter or of any other ordinance, resolution, or regulation, the provisions which are more restrictive shall govern. [Ord. 23-418-O § 124 (Exh. A-4)].