Chapter 18.22
ACCESSORY AND TEMPORARY USE REGULATIONS

Sections:

18.22.010    Purposes.

18.22.020    Accessory uses encompassed by principal uses.

18.22.030    Accessory uses subject to controls.

18.22.040    Specific accessory uses and standards.

18.22.050    Identification of permitted temporary uses.

18.22.060    Location of temporary uses.

18.22.070    Administrative permit required.

18.22.080    Construction office.

18.22.090    Existing building.

18.22.100    Animal husbandry and agricultural education projects.

18.22.110    Seasonal sales.

18.22.120    Fireworks stands and public displays of fireworks.

18.22.130    Mobile home as accessory use.

18.22.140    Mobile unit or structure used for commercial purposes.

18.22.150    Agricultural product stands.

18.22.160    Assembly uses.

18.22.170    Subdivision sales office.

18.22.010 Purposes.

The purpose of these regulations is to establish the relationship among principal, accessory, and temporary uses, and criteria for regulating accessory and temporary uses. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15-002 § 43.]

18.22.020 Accessory uses encompassed by principal uses.

In addition to the principal uses expressly included in the various zoning districts, each district shall be deemed to include such accessory uses which are specifically identified by these accessory use regulations, and such other necessary uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. When provided by these regulations, it shall be the responsibility of the Community Development Director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to, the principal use, based on the Director’s evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use. Such determinations which are made by the Director shall be subject to the appeals procedure described in Chapter 18.40 DMC. Whenever in the opinion of the City Attorney such determination would fall beyond the purview of the Planning Department, the determination shall be made by the City Planning Commission. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.030 Accessory uses subject to controls.

Accessory uses shall be controlled in the same manner as the principal uses within each zoning district, except as otherwise provided by these regulations. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.040 Specific accessory uses and standards.

The following accessory uses shall be permitted in all zoning districts, except as otherwise stated:

A. Off-street parking for use by persons living, conducting business, or visiting the premises provided screening requirements described in Chapter 18.33 DMC are met;

B. Structures housing equipment and materials used exclusively on the premises;

C. Structures for the conduct of recreational activities for use by persons living on the premises;

D. The renting of rooms and/or providing of table/board, for compensation, to not more than two (2) persons; and

E. Child day care facilities, with the applicable criteria set forth below:

1. Small family day care home, meaning a home which provides family day care to eight (8) or fewer children, including children who reside at the home.

a. The hours of operation shall be between 6:00 a.m. and 8:00 p.m.

b. The premises shall be subject to fire and health inspection by the City of Dixon and contingent upon compliance with fire and health regulations and requirements.

2. Large family day care home, meaning a home which provides family day care to nine (9) to fourteen (14) children, including children who reside at the home.

a. All large family day care homes shall require a day care permit approved by the Community Development Director. The application for a permit shall be accompanied by a fee set by resolution of the City Council sufficient to cover the cost of handling the application as prescribed in this section.

b. Staff shall give notice of the proposed use to all property owners within one hundred (100) feet of the site. Property owners have fifteen (15) days to respond to said notice. No hearing shall be held unless a hearing is requested by the applicant or the affected person.

c. The decision of the Community Development Director shall be final unless an appeal is filed within fifteen (15) days of the decision. Such appeal shall be heard in the manner prescribed in Chapter 18.40 DMC. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (18).]

18.22.050 Identification of permitted temporary uses.

The following temporary uses shall be permitted as specified by these regulations:

A. Construction Office. A temporary construction office used during the construction of a building or road, including grading related thereto.

B. Existing Building. The continuing but temporary use of an existing, lawfully established building during construction of a new building on the same building site.

C. Animal Husbandry and Agricultural Education Project. A temporary animal husbandry or agricultural education activity or project conducted primarily for education purposes.

D. Seasonal Sales. A temporary facility used for the sale of Christmas trees, pumpkins and other permitted items.

E. Mobile Home as Accessory Use. The temporary use of a mobile home as a caretaker’s or manager’s residence.

F. Mobile Home Unit or Structure Used for Commercial Purposes. “Mobile unit or structure” means any structure not permanently affixed to the ground with a foundation, as determined by the Building Official. This includes, but is not limited to, any trailer, house car, or mobile home, whether or not the wheels are attached.

G. Assembly Uses. The temporary gathering of people for religious purposes or for entertainment such as a circus, carnival, rodeo, or livestock show.

H. Fireworks Stands. Temporary fireworks stands used for the seasonal sale of fireworks, in accordance with the regulations set forth in DMC 18.22.120.

Figure 18-1 Location of Temporary Uses 

ZONING DISTRICT

TEMPORARY USE

Construction Office

Existing Building

Animal Husbandry Project

Seasonal Sales, Christmas Tree and Pumpkin

Mobile Home as Accessory Use

Mobile Unit for Commercial

Agricultural Products Stand

Assembly Uses

Subdivision Sales Office

Fireworks Sales and Display

Agricultural

 

 

 

 

 

 

 

 

 

 

A

 

 

 

 

 

Residential

 

 

 

 

 

 

 

 

 

 

R1

 

 

 

R2

 

 

 

 

 

 

RM

 

 

 

 

 

 

 

 

Commercial

 

 

 

 

 

 

 

 

 

 

CN

 

 

 

 

CC

 

 

 

 

CS

 

 

 

CH

 

 

PMU

 

 

 

 

 

 

 

Industrial

 

 

 

 

 

 

 

 

 

 

ML

 

 

 

 

MH

 

 

 

 

Medical

 

 

 

 

 

 

 

 

 

 

PAO

 

 

 

 

 

 

 

 

• Permitted Use Upon Approval of Administrative Permit

[Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.060 Location of temporary uses.

The temporary uses identified in DMC 18.22.050 shall be permitted within the various zoning districts established by this title only as provided by the matrix of temporary land uses, which is a part of this title and all references to this section include it. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.070 Administrative permit required.

All temporary uses shall require an administrative permit, as provided by an administrative permit procedure in Chapter 18.25 DMC, and shall meet the applicable criteria set forth below. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.080 Construction office.

A. Sewage Disposal System. If a sewage disposal system is installed in a temporary construction office, it shall comply with the requirements of the Health Officer of Solano County.

B. Removal or Conversion. A temporary construction office shall be removed or shall be converted to a permitted use prior to the issuance of a certificate of use and occupancy for the main building or buildings. If construction is phased over a length of time, the administrative permit may provide that certificates of use and occupancy may be issued for completed buildings, except the last buildings to be completed, prior to removal or conversion of the temporary use. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.090 Existing building.

A. Conformity with Regulations. Prior to occupancy of a new building, the existing building will be brought into conformity with any additional regulation rendered applicable by the placement of any new building on the site. Conformity will be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof.

B. Guarantee of Completion. The Community Development Director shall require the landowner to provide a guarantee, which may include a bond, to insure full compliance with the zoning regulations upon completion of the new building or sooner, if in the Director’s opinion work pertaining to the completion of all facilities required by law is not being diligently pursued. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.100 Animal husbandry and agricultural education projects.

A. Time Limitation. The maximum time period for any administrative permit for this temporary use shall be one (1) year.

B. Health and Safety Requirements. The administrative permit application shall include a statement from the Health Officer of Solano County that the proposed use meets appropriate health and safety regulations. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.110 Seasonal sales.

A. Date of Opening. A Christmas tree or pumpkin sales facility shall neither be open for business nor show any evidence of this temporary use, during any calendar year, more than forty (40) days prior to Christmas Day or Halloween, respectively.

B. Merchandise to Be Sold. A permitted Christmas tree sales facility may sell ornaments and other Christmas decorations in addition to Christmas trees but shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations. A pumpkin sales facility may sell Halloween or fall themed materials and agricultural products in addition to pumpkins, but shall not engage in the sale of any merchandise not directly associated with Halloween or fall harvest festivals.

C. Electrical Permit. The applicant shall secure an electrical permit from the Building Inspector if the facility is to be energized.

D. Removal of Facility. The facility shall be removed and the premises upon which it was located shall be cleared of all debris and restored to the condition they were in prior to the establishment of the facility, within fourteen (14) days after the particular Christmas or Halloween holiday associated with the tree sales. The Community Development Director shall require the applicant to provide a guarantee, which may include a cash bond, to insure full compliance with these removal procedures.

E. Fire Prevention Standards. Each Christmas tree or pumpkin sales facility shall comply with fire prevention standards as approved and enforced by the City of Dixon Fire Department.

F. Location. Christmas tree and pumpkin sales facilities are permitted in the zoning districts stated in DMC 18.22.060; provided, however, that within residential zoning districts such facilities are permitted only on lots not containing residential use types. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.120 Fireworks stands and public displays of fireworks.

A. General.

1. Administration. This section shall be administered by the Dixon Fire Department.

2. Definitions. For the purposes of this section, the following definitions shall apply:

a. “City” means the City of Dixon.

b. “City Clerk” means the City Clerk of the City or the City Clerk’s designee.

c. “City Manager” means the City Manager of the City or the City Manager’s designee.

d. “Dangerous fireworks” means “dangerous fireworks” as defined in Cal. Health & Safety Code §§ 12505 and 12561 and the relevant sections of Chapter 6, Title 19 of the California Code of Regulations, which are hereby incorporated by reference.

e. “Fire Chief” means the Fire Chief of the City or the Fire Chief’s designee.

f. “Fireworks sales permit” means a permit issued in accordance with subsection C of this section.

g. “Fireworks stand” means a structure of a temporary nature used in the sale, offering for sale, or display for sale of safe and sane fireworks.

h. “Fireworks wholesale” means any person, other than an importer, exporter, or manufacturer, who purchases fireworks from a manufacturer, importer or exporter for resale to a retailer or any other person for resale or any person who sells fireworks to other wholesalers or retailers for resale.

i. “Nonprofit organization” means any nonprofit association, charity or corporation organized primarily for veterans, patriotic, welfare, civic betterment, educational, youth development or charitable purposes which is tax exempt pursuant to Internal Revenue Code Section 501(c)(3), (4), (6), (7), (8), (9), (10), (19), (23), or (26), that serves, in whole or in part, the residents of the City of Dixon. Evidence of nonprofit status shall consist of a “letter of determination” from the State of California Franchise Tax Board. If this letter cannot be obtained, other evidence must be offered and the Fire Chief and/or City Clerk will determine its validity. Alternatively, a nonprofit may submit a Franchise Tax Board FTB 199N or FTB 199 as evidence the nonprofit is current and in good standing with the taxing authorities.

j. “Police Chief” means the Police Chief of the City or the Police Chief’s designee.

k. “Principal and permanent meeting place” shall include, but is not limited to, a permanent structure, geographic area or service population which resides in or is located within the City of Dixon.

l. “Qualified applicant” means any nonprofit organization which has met all of the following criteria for a continuous period of not less than one (1) full year preceding submittal of an application for a fireworks sales permit and which continues to meet the criteria for the duration of the fireworks sales permit:

(i) The nonprofit organization must have either: a minimum bona fide membership of at least twenty-five (25) or one hundred percent (100%), whichever is less, adult members who either reside in the City, are employed in the City or who are owners or operators of a business located in the City. The organization shall upon request provide documentation demonstrating the minimum bona fide membership to the satisfaction of the Fire Chief.

(ii) The nonprofit organization shall not have been found by any court of competent jurisdiction or City administrative hearing officer to be in violation of any civil or criminal local, State or Federal law relating to fireworks, including this section, within thirty-six (36) months prior to the nonprofit organization’s submittal of an application for a fireworks sales permit.

(iii) The nonprofit organization must not have had a permit to sell fireworks revoked by any jurisdiction within thirty-six (36) months prior to the nonprofit organization’s submittal of an application for a fireworks sales permit.

(iv) The organization must have its permanent meeting place and headquarters within the City limits of Dixon.

m. “Safe and sane fireworks” means “safe and sane fireworks” as defined in Cal. Health & Safety Code §§ 12529 and 12562.

n. “Responsible person” means a person who causes a violation of this section to occur or who allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur or allows a violation to exist or continue; provided, that:

(i) There is a rebuttable presumption that the record owner of a residential parcel, as shown on the County’s latest equalized property tax assessment rolls, and any lessee of a residential parcel, has notice of any violation existing on said property.

(ii) More than one (1) person may be a responsible person for a single violation.

(iii) Any person, regardless of age, may be a responsible person. However, every parent, guardian or other person having the legal care, custody or control of any minor person is a responsible person for violations committed by such minor, in addition to the minor himself or herself, if such parent, guardian or other person knows or reasonably should know that a minor is in violation of this section. There is a rebuttable presumption that any such parent, guardian or other person having the legal care, custody or control of a minor person knows or reasonably should know whether such minor is in violation of this section.

3. Fireworks Unlawful. Except as otherwise provided in this section, no person shall possess, sell, use, display or explode any “dangerous fireworks,” or any “safe and sane fireworks,” including, but not limited to, any rocket, firecracker, Roman candle, squib, torpedo, wire core sparkler, wooden core sparkler, black cartridge, aerial shell or other combustible device or explosive substance or any kind of firework, by whatever name known, within the City of Dixon.

B. Public Displays of Fireworks.

1. Permits for Public Fireworks Displays. The Fire Chief may grant permits for those activities enumerated in Cal. Health & Safety Code § 12640, including supervised public displays of fireworks by a public agency, fair association, amusement park, or other organization, or for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a licensed pyrotechnic operator (as defined by Cal. Health & Safety Code § 12527), and shall be of such character and so located, discharged or fired as in the opinion of Council, following the receipt of the recommendation by the Fire Chief, will not be hazardous or endanger any property or persons.

2. Application Fee for Public Fireworks Displays. Every application for a permit to conduct a public display of fireworks, or for other use of fireworks as permitted by this subsection B, shall be accompanied by a nonrefundable fee of eighty-five dollars ($85.00).

3. Defense and Indemnity of City. Every applicant for a permit to conduct a public display of fireworks or for other use of fireworks as permitted by this subsection B, shall agree to defend, indemnify and hold the City of Dixon, its officers and employees harmless from any and all claims for damages or other costs arising out of the activity authorized by the permit.

4. Liability Insurance. Every recipient of a permit to conduct a public display of fireworks or for other use of fireworks as permitted by this subsection B shall maintain a corporate surety bond or policy of public liability and property damage insurance. The policy shall provide coverage for bodily injury (including death) and property damage with policy limits of not less than five million dollars ($5,000,000.00) combined single limits. Such policies shall contain a provision which includes the City, its officers, officials, agents, and employees as additional insureds and provides that said insurance provides primary coverage as to the City without contribution by other City policies or self-insured retentions. Such policies shall also contain an endorsement that the company issuing such policy or policies will not allow the same to be cancelled without serving, by first class mail, ten (10) days’ notice of cancellation upon the City Clerk.

Following approval of the permit by the Fire Chief as provided in this subsection B, no permit shall be issued until the permittee furnishes the City Clerk a “certificate of insurance” for each insurance policy required by this section, in a form approved by the City Attorney.

Notwithstanding any other provision of this subsection B, the failure of the permittee to carry such policy or policies in force shall result in the automatic revocation of the permit as of the date of expiration of such insurance policy or policies. Should a permit be automatically revoked as a consequence of this provision, the payment of the full amount of the permit fee required by this subsection B shall be made to the City before the revoked permit may be reinstated.

C. Safe and Sane Fireworks Sale and Use During the Fourth of July Period.

1. Possession or Use of Safe and Sane Fireworks Temporarily Permitted. Notwithstanding any provisions of this section to the contrary, the possession of safe and sane fireworks shall be lawful during the period of 12:00 noon on June 28th through 12:00 noon on July 6th of the same calendar year; provided, however, that it shall be unlawful to possess any modified or altered safe and sane firework. It shall be unlawful to use or discharge any safe and sane firework except between the hours of 9:00 a.m. and 11:00 p.m. on the days on which said safe and sane fireworks may be possessed.

2. Sale of Safe and Sane Fireworks. Notwithstanding any provisions of this section to the contrary, the possession and retail sale to the public of safe and sane fireworks is permitted between 12:00 noon and 10:00 p.m. on June 28th of each year and from 9:00 a.m. through 10:00 p.m. on June 29th through July 4th of the same calendar year, by those nonprofit organizations possessing a fireworks sales permit.

3. Applications for Fireworks Sales Permits and Lotteries.

a. Submission of Applications by Qualified Applicants.

(i) No nonprofit organization shall submit more than one (1) application for a fireworks sales permit. If the City receives two (2) or more applications containing the same tax identification number, only one (1) application shall be accepted.

(ii) Each application will be screened by the Fire Chief to determine if the nonprofit organization submitting it meets the criteria to be classified as a “qualified applicant.”

b. Every application for a fireworks sales permit shall be accompanied by a nonrefundable application fee of twenty-five dollars ($25.00) as imposed by this section.

c. All applications for fireworks sales permits shall be submitted in writing to the City Clerk on forms supplied by the City. Applications may be filed from January 1st through February 1st, inclusive, unless set forth otherwise by resolution of City Council. Applications filed before or after this period, or the period set by resolution of City Council, shall not be accepted.

(i) If there are more qualified applicants than the maximum number of fireworks sales permits available, then the Fire Chief shall conduct a random categorical drawing to determine to whom the available fireworks sales permits shall be issued.

The drawing for each calendar year, if necessary, shall occur on the third Thursday of March, and according to regulations set forth by the Fire Chief and approved by resolution of the City Council. Those qualified applicants which have been successful in being awarded a fireworks sales permit shall have up to and including May 1st of the same calendar year to submit all information required by subsection (C)(4)(d) of this section and to pay the permit fee required by subsection (C)(4)(d)(iii) of this section.

(ii) Applications for fireworks sales permits will be reviewed by the Fire Department, the Police Department and the City Clerk as needed, pursuant to this section. Fireworks sales permits shall be issued by the Fire Chief.

4. Fireworks Sales Permit Requirements.

a. Each fireworks sales permit recipient may operate only one (1) fireworks stand. The maximum number of fireworks sales permits which may be issued during any one (1) calendar year shall not exceed one (1) fireworks sales permit for each two thousand five hundred (2,500) residents of the City of Dixon, or fraction thereof, as calculated by the City Clerk.

b. Other Provisions Regarding Fireworks Sales Permit Applications.

(i) After the maximum number of fireworks sales permit recipients have been chosen, the remaining qualified applicants shall be drawn and assigned as alternates according to the order drawn. Each alternate, according to the order drawn, shall be offered a fireworks sales permit if one (1) of the original permittees fails to meet the requirements of this section, if a permittee voluntarily surrenders its fireworks sales permit, or if a fireworks sales permit is revoked.

(ii) Two (2) or more eligible nonprofit organizations may jointly submit an application pursuant to this section and may receive a single fireworks sales permit to jointly sell fireworks; provided, that each must be a qualified applicant. Fireworks sales permit recipients may select one (1) or more other qualified applicants to join it in a joint venture operation of the fireworks stand; provided, that any such joint venture must have been a qualified applicant that applied unsuccessfully for a fireworks sales permit that same year.

(iii) Fireworks sales permits are valid only during the calendar year issued.

c. Each nonprofit organization receiving a fireworks sales permit must have at least one (1) representative attend a fireworks stand operator safety seminar approved by the Fire Chief for the same year in which the fireworks sales permit is issued. Failure of a nonprofit organization to attend the seminar shall result in the revocation of the fireworks sales permit.

d. Subsequent to selection for issuance of fireworks sales permit but prior to the issuance of a fireworks sales permit, and in addition to those other requirements set forth in this section or on the permit application, each permittee shall provide or demonstrate compliance with all of the following:

(i) A copy of the permittee’s retail sales permit issued by the office of the California State Fire Marshal.

(ii) A copy of the permittee’s California State Board of Equalization temporary sales tax permit.

(iii) Payment of a permit fee in the amount of one hundred fifty dollars ($150.00). This fee is in addition to the application fee pursuant to subsection (C)(3)(b) of this section for the submission of the application.

(iv) Insurance coverage as required by the provisions of subsection (B)(4) of this section; provided, that the limits of liability required by that subsection shall be one million dollars ($1,000,000.00) combined single limits.

5. Denial of Permit and Appeals Process.

a. After conducting an investigation and preparing a report consistent with Cal. Health & Safety Code § 12640 et seq., the Fire Chief shall issue a fireworks sales permit to qualified applicants chosen pursuant to subsection (C)(3) of this section, unless:

(i) The Fire Chief finds, in writing, that the applicant has failed to provide sufficient plans, information or other data necessary to permit a determination respecting compliance with the requirements of this section.

(ii) The Fire Chief finds, in writing, that the applicant is not in compliance with any of the requirements of this section.

b. Any denial of a fireworks sales permit application or revocation of a permit to sell fireworks issued pursuant to the fireworks code may be appealed to the City Council consistent with Cal. Health & Safety Code § 12647 within ten (10) days in writing.

6. Fireworks Stands.

a. All retail sales of safe and sane fireworks shall be permitted from within a temporary fireworks stand only. The retail sale of fireworks from any other building or structure is prohibited.

b. No fireworks stand may be erected before June 23rd, or by any person not affiliated with a nonprofit organization to which a fireworks sales permit has been issued.

c. Fireworks stands must be located on lots that have an all-weather surface and adequate off-street parking to meet the requirements of any existing use or uses as well as the fireworks stand.

d. Fireworks stands are permitted only in the following zoning districts, as defined and delineated in DCC 18.22.050:

(i) Neighborhood commercial district (CN).

(ii) Service commercial district (CS).

(iii) Community commercial district (CC).

(iv) Highway commercial district (CH).

(v) Light industrial district (ML).

(vi) Heavy industrial district (MH).

e. Each fireworks stand must post each of the following in a prominent place inside the fireworks stand:

(i) Fireworks sales permit.

(ii) California State Board of Equalization temporary sales tax permit.

(iii) California State Fire Marshal retail sales permit.

(iv) Proof of insurance.

f. Fireworks stands shall not be located closer than three hundred (300) feet apart, unless separated by a major arterial roadway.

g. Fireworks stands shall comply with National Fire Protection Association Standard NFPA 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition.

h. Fireworks stands shall not be located within twenty-five (25) feet of any other building or structure.

i. No fireworks shall be located within one hundred (100) feet of a location where gasoline or any other flammable liquids are stored or dispensed.

j. Electrical wiring within a fireworks stand is prohibited.

k. Lighting on or in fireworks stands shall consist of battery-powered lighting only.

l. Each fireworks stand shall comply with fire prevention standards as adopted and enforced by the Fire Chief.

m. All fireworks stands shall be inspected and approved by the Fire Chief prior to the sale of any fireworks.

n. All weeds or other vegetation and combustible material shall be cleared from the location of the fireworks stand, up to a distance of at least twenty-five (25) feet surrounding the fireworks stand.

o. No fireworks stand shall have a floor area in excess of five hundred (500) square feet or a length greater than fifty (50) feet.

p. Each fireworks stand shall have at least two (2) exits. Each fireworks stand in excess of forty (40) feet in length shall have at least three (3) exits, equally spaced. In no case shall the distance between exits required by this section exceed twenty (20) feet. Exit doors shall be not less than twenty-four (24) inches wide, six (6) feet in height, and must open in the direction of exit travel.

q. “NO SMOKING” signs shall be prominently displayed on all sides of the fireworks stand. Smoking is prohibited within fifty (50) feet of any fireworks stand.

r. Each fireworks stand shall be provided with two (2) two and one-half (2.5) gallon pressurized-water-type fire extinguishers in good working order which are easily accessible in case of fire.

s. Each fireworks stand must have an adult in attendance and in charge thereof when the fireworks stand is open to the public for the sale or dispensing of fireworks and when fireworks are being either delivered to or taken from the fireworks stand.

t. No person may remain in the fireworks stand after close of business.

u. When the fireworks stand is not being used for the sale and/or display of fireworks, all fireworks shall be stored in a manner consistent with one (1) of the following:

(i) Within a reinforced, heavy metal, fully enclosed container, a walk-in-type drop box, or equivalent, as approved by the Fire Chief.

(ii) Returned daily to a fireworks wholesaler for storage at an approved and properly zoned location.

v. No fuel-powered generator or similar equipment shall be allowed within fifty (50) feet of a fireworks stand.

w. No person other than individuals who are bona fide members of the nonprofit organization which holds the fireworks sales permit, and/or joint venture nonprofit organization(s), or the spouses, registered domestic partners, parents or adult children of such members, shall sell or otherwise participate in the sale of fireworks.

x. No minor person shall sell or participate in the sale of safe and sane fireworks or handle any fireworks.

y. Drinking or possession of alcoholic beverages in a fireworks stand or within one hundred (100) feet of a fireworks stand is prohibited, except within a permanent business establishment unaffiliated with the fireworks stand and which preexisted the fireworks stand.

z. No person shall be paid any consideration by the permittee or any fireworks wholesaler for selling or otherwise participating in the sale of safe and sane fireworks. Notwithstanding the foregoing, compensation may be paid for licensed security personnel and to any person permitting or leasing the location of the fireworks stand on its property as a payment for such permit or lease.

aa. All fireworks shall be retained at the fireworks stand. In no event shall unsold fireworks be removed from the approved location to any other place without written approval of the Fire Code Official. This provision shall not apply to the storage of fireworks pursuant to subsection (C)(6)(u)(ii) of this section.

bb. All unsold stocks of fireworks in the hands of the permittee after 10:00 p.m. on the fourth day of July shall be returned to the fireworks wholesaler by 12:00 p.m. on July 6th of the same calendar year.

cc. No later than July 10th of each calendar year, each fireworks stand shall be completely removed and the premises upon which it was located shall be cleared of all debris and restored to the condition it was in prior to the establishment of the fireworks stand.

dd. Fireworks stands shall be permitted to have no more than two (2) double-sided signs with a maximum area of sixty-four (64) square feet per side. All such signs shall be located on the same site as the fireworks stand they identify or advertise. Signs may not be placed in such a manner as to interrupt the normal flow of vehicle or pedestrian traffic or to cause any sight distance problems for such traffic. Placement of such signs shall be subject to the review and approval of the Fire Chief, the Community Development Department and the Police Department. In no case shall the sign placement interfere with traffic or any other safety-related concern. The above-described signs may be displayed from June 23rd through the end of sales on July 4th.

7. Sales to Minors. It is unlawful to sell fireworks to minors.

8. Financial Reports. On or before November 1st of any year during which a nonprofit organization received a fireworks sales permit, the nonprofit organization shall submit to the City Clerk a financial statement, prepared by its treasurer or officer of the nonprofit organization, setting forth:

a. A copy of the most recent report filed by the nonprofit organization with the State Board of Equalization. The filing of such statement shall be a condition precedent to the granting of any subsequent fireworks sales permit.

9. Revocation of Fireworks Sales Permits and Appeal.

a. The Fire Chief may revoke the fireworks sales permit of any permittee who violates any of the provisions of this section. If the revocation occurs between June 22nd and July 5th, the Fire Chief shall inform the permittee that it may seek review of the decision by the City Manager on the next business day. The decision of the City Manager shall be final.

b. Any permittee whose fireworks sales permit has been revoked shall be barred from receiving a future fireworks sales permit under this section, or under any subsequent ordinance establishing a fireworks sales permit, for up to five (5) years from the date of the revocation.

10. Discharge of Safe and Sane Fireworks – Regulations.

a. It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use any safe and sane fireworks upon or over or onto the property of another without his/her consent, or to ignite, discharge, project or otherwise fire or make use of any safe and sane fireworks within ten (10) feet of any residence, dwelling or other structure used as a place of habitation by human beings.

b. It shall be unlawful to discharge fireworks of any type on City property, including but not limited to parks, recreation areas or parking lots. Discharge on a City street in a residential zone is permitted so long as it does not impede traffic, except that discharge shall not be permitted on the following streets: North First Street, South First Street/State Route 113, East A Street and West A Street.

c. Notwithstanding the foregoing, it shall be lawful to discharge fireworks in any portion of any City park that is officially designated by the Fire Chief as a fireworks discharge area.

11. Supervision of Minors in Use of Fireworks.

a. It is unlawful for minors to sell, purchase, possess, use or discharge fireworks of any type; provided, however, that minors under the direct supervision of their parent, guardian or other adult person having care, custody or control of said minor may possess and discharge safe and sane fireworks during the times and in the manner that such discharge is permitted by this section.

b. It shall be unlawful for any person having the care, custody or control of a minor to permit said minor to discharge, explode, fire or set off any dangerous fireworks at any time, or to permit such minor to discharge or set off any safe and sane fireworks unless said minor does so under the direct supervision of a person over eighteen (18) years of age and during the hours and on the days permitted by this section.

12. Seizure of Fireworks. The Fire Chief or Police Chief may seize, take, remove or cause to be removed, at the expense of the holder of a fireworks sales permit or licensed fireworks wholesaler, all stock of fireworks offered or exposed for sale, stored or held in violation of this section when such violation creates an imminent danger and a grave threat to public health or safety. The official removing such fireworks shall immediately provide written notice to the owner thereof, and shall provide an opportunity within twenty-four (24) hours to be heard with respect to such seizure.

In the event the violation does not pose an imminent danger and a grave threat, the Fire Chief and the Police Chief shall provide written notice and an opportunity to be heard prior to any seizure.

13. Public Education. Each fireworks wholesaler supplying one (1) or more permittees under this section shall annually submit a public education plan to the Fire Chief no later than 5:00 p.m. on June 1st. Said public education plan shall outline the public safety and education efforts for that year that have been initiated, supported and/or delivered by each fireworks wholesaler within the City.

D. Administrative Regulations. The Fire Chief is authorized to promulgate administrative regulations and procedures necessary for the successful and effective implementation of this section including, but not limited to, rules and procedures governing the submission and random selection of applications to sell safe and sane fireworks and rules and procedures governing situations where two (2) or more fireworks sales permit recipients propose to establish fireworks stands within three hundred (300) feet of each other, in violation of subsection (C)(6)(f) of this section.

E. Enforcement.

1. Violation Unlawful – Administrative Citations.

a. It is unlawful and a misdemeanor to violate any provision of this section; provided, however, that a violation of this section may, in the discretion of the Police Chief or the Fire Chief, be charged and prosecuted as an infraction.

b. In addition to any other enforcement mechanism prescribed by law, this section may be enforced by the issuance of administrative citations pursuant to the administrative citation ordinance (Article VI of Chapter 9.01 DMC).

F. Conflict with Dixon Municipal Code or Dixon City Code. In the event that any provision of this section conflicts with any provision of the Dixon Municipal Code or the Dixon City Code, the provisions of this section shall prevail. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.130 Mobile home as accessory use.

A. Use of Mobile Home. The mobile home shall be permitted only as a caretaker’s or manager’s residence and shall be accessory to the principal use on the same building site.

B. Water Distribution System. A water distribution system shall be installed to serve each mobile home in compliance with applicable laws and regulations administered by the County Health Officer and Fire Department of the City of Dixon.

C. Sewage Disposal System. The sewage disposal system shall be installed to serve each mobile home in compliance with applicable laws and regulations administered by the County Health Officer.

D. Time Limitation. Any mobile home permitted by the provisions of this section shall be permitted for a maximum time of six (6) months after the issuance of an administrative permit unless a period of time is specified by the permit. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.140 Mobile unit or structure used for commercial purposes.

A. Water Distribution System. A water distribution system shall be installed to serve each mobile home in compliance with applicable laws and regulations administered by the County Health Officer and the Fire Department of the City of Dixon.

B. Sewage Disposal System. A sewage disposal system shall be installed to serve each mobile home in compliance with applicable laws and regulations administered by the County Health Officer.

C. Time Limitation. Any mobile home permitted by the provisions of this section shall be permitted for a maximum time of six (6) months after the issuance of a certificate of use and occupancy for such use unless a shorter period of time is specified by the permit. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.150 Agricultural product stands.

A. Character. The stand shall not exceed one hundred (100) square feet in floor area, shall be exclusively of wood frame type construction, and shall not be located within twenty (20) feet of any public highway right-of-way.

B. Removal. The stand shall be removed from the premises on which it is located within five (5) days after the expiration of the permit.

C. Time Limitation. The stand shall not be authorized for a period of time exceeding ninety (90) days.

D. This section does not apply to pumpkin sales facilities operating pursuant to DMC 18.22.110. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.160 Assembly uses.

A. Time Limitation. The temporary assembly use may be permitted for a period not to exceed ninety (90) days.

B. Cash Bond. The Community Development Director may require a cash bond or other guarantee of the removal of the permitted temporary use upon the expiration of the administrative permit.

C. Special Conditions for the Use of Tents. All administrative permits including the use of tents shall be issued subject to conformance with the following conditions. Violation of any of these conditions shall be grounds for the revocation of a permit, as provided in subsection (D)(3) of this section:

1. No goods, wares or merchandise shall be stored or held for sale in any tent, except in one (1) occupied for the purpose of conducting or holding a circus, carnival, wild west show, rodeo or other similar show or exhibition. Nor shall the provisions of this section apply to cases where the sale or storage of such goods, wares or merchandise is merely incidental to the chief purpose for which such tent is erected or used.

2. The owner or agent shall furnish an affidavit that all tents to be used which are covered by said permit have been treated by flameproofing solution of a type approved and listed by the California State Fire Marshal so as to render them resistant to the action of fire.

3. The Fire Chief of the City of Dixon or his duly authorized deputy may take samples of the proposed tent fabric for the purpose of making flame tests.

4. Exit requirements as required by the Fire Chief or his duly authorized deputy shall be provided and maintained in accordance with laws enforced by the City of Dixon.

5. Fire hose lines and the auxiliary fire equipment shall be maintained in such numbers and size as may be required by the Fire Chief or his duly authorized deputy.

6. All electric wiring must conform to the ordinances of the City of Dixon and must be approved by the Office of Building Inspection.

7. No lighting shall be used except electric lighting.

8. All heating or cooking appliances must be approved by the Fire Chief or his duly authorized deputy.

9. All activities of religious or entertainment assembly shall be limited to the hours between 7:00 a.m. and 10:00 p.m.

10. All religious or entertainment assembly shall be provided with toilets and other sanitation facilities in accordance with the requirements of the Solano County Health Department.

11. Such assembly shall also comply with the noise performance standards contained in DMC 18.28.030, 18.28.040 and 18.28.050.

D. Application for a Permit. Applications for the issuance of an administrative permit involving the use of a tent shall be submitted as provided below:

1. In addition to any other information that the Community Development Director may require, such application shall state the approximate dimensions of the proposed tent, the location at which it is proposed to be erected, its distance from the nearest structure and the purpose for which it is to be used. Such application shall be signed both by the applicant and the owner of the property upon which it is proposed to erect such tent, or their duly authorized representatives. All applicable City of Dixon ordinances shall be complied with.

2. The Community Development Director and the Fire Chief or his duly authorized deputy shall make such investigation as may be required to determine whether the proposed tent will create any unreasonable hazard to life or property and whether the erection or maintenance thereof will injuriously affect adjacent or nearby property or the residents of the neighborhoods. The Community Development Director and the Fire Chief or his duly authorized deputy shall, each by appropriate endorsement upon such application and in accordance with their determination, approve or disapprove such application.

3. The Community Development Director may revoke any permit involving the erection and maintenance of a tent within the City at any time prior to its expiration for the violation of any condition upon which the permit is issued or when, in his opinion, the health, welfare, safety and morals of the residents of the City or any portion thereof are adversely affected by the continued presence of such tent. Upon whom the permit was granted shall, within the time specified by the Director, remove such tent. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.22.170 Subdivision sales office.

One (1) temporary sales office in a subdivision of not less than five (5) acres located not less than two hundred (200) feet from any existing dwelling outside of the subdivision measured along street lines shall be permitted subject to the granting of a subdivision sales office permit. A permit for a subdivision sales office may be issued by the Community Development Director at any time after the recordation of the subdivision and shall become void one (1) year following the date on which the permit was issued, and the office shall be removed unless, prior to the expiration of one (1) year, renewals of the permit for a period of not more than one (1) year shall be approved by the Community Development Director, until the last units are sold. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]