Ordinances of the Elk Valley Rancheria, California

AN ORDINANCE OF THE TRIBAL COUNCIL FOR THE ELK VALLEY RANCHERIA ADOPTING ZONING AND LAND USE REGULATIONS FOR THE ELK VALLEY INDIAN RANCHERIA

Zoning and Land Use Ordinance -- Chapters 10-54 [Part 2]

[Chapter Listing]

ZONING AND LAND USE ORDINANCE

CHAPTER 10 - AGRICULTURAL (A) ZONE

Sections:

10.010 Purpose.
10.020 Principal permitted uses.
10.030 Conditional uses.
10.040 Height regulations.
10.050 Lot regulations.
10.060 Additional regulations.

10.010 Purpose. The agricultural (A) zone is intended to preserve lands best suited for agricultural use from the encroachment of incompatible uses, and to preserve in agricultural use land suited to eventual development in other uses, pending proper timing for the economical provisions of utilities, major streets and other facilities, so that compact, orderly development will occur.

10.020 Principal Permitted uses. The following are principal permitted uses in the A zone:

Use group	2	(a) Single-family residences;
	42	(a) General agriculture; Agriculture accessory buildings and uses.

10.030 Conditional uses. The following are conditional uses in the A zone:

Use group	4	(a) Campgrounds;
	18	(c) Child day care services;
	22	(b) Outdoor sports or recreational facilities;
	36	(b) Public service facilities;
	40	Festival activities;
	42	(b) Concentrated stock operations;
	42	(c) Heavy agriculture.

10.040 Height regulations. No structure shall exceed thirty feet in height in the A zone.

10.050 Lot regulations. The following minimum lot regulations shall apply in the A zone, except in the case of greenhouses:

A. Lot area, Five acres;

B. Lot width, Three hundred feet;

C. Front yard, Twenty-five feet;

D. Side yards, Ten feet;

E. Rear yard, Twenty-five feet.

10.060 Additional regulations. The following regulations also shall apply in the A zone:

A. Any structure or enclosure, not including pastures, in which livestock (except domestic pets in household numbers, or animals) is contained, shall be not less than two hundred feet from any residential or commercial district, or from any school or institution for human care.

B. The following standards shall apply to greenhouses:

1. The maximum noise level at the property line resulting from fans or equipment shall not exceed forty-five CNEL.

2. No direct or sky-reflected glare from any light source emanating from a greenhouse shall exceed 0.1 foot- candle.

3. All activities involving and all storage of flammable explosive materials or potentially harmful chemicals shall be subject to approval by the fire chief or tribal conservation officer as appropriate.

4. An on-site drainage system shall be provided to keep run-off from greenhouse operations off of adjacent assignments, lots or properties.

CHAPTER 12 - RESIDENTIAL ESTATES (RE) ZONE

Sections:

12.010 Purpose.
12.020 Principal permitted uses.
12.030 Conditional uses.
12.040 Lot regulations.

12.010 Purpose. The residential estates (RE.) zone is intended to promote and encourage environment for family life on large parcels of land. The RE zone is intended to be applied to areas of the Rancheria particularly suited for large-lot development of single-family residences and appropriate agricultural uses.

12.020 Principal Permitted uses. The following are principal permitted uses in the RE zone:

Use group    2   (a) Single-family Residences.

12.030 Conditional uses. The following are conditional uses in the RE zone:

Use group	18	(c) Child day care services;
	20	(a) Private educational or religious institutions;
	22	(b) Outdoor sports or recreational facilities;
	36	(b) Public service facilities;
	42	(a) General agriculture

12.040 Lot regulations. The following lot regulations shall apply in the RE zone:

A.	Minimum lot area	7,200 square feet;
B.	Minimum lot width	60 feet;
C.	Maximum lot depth	2 times lot width;
D.	Maximum ground coverage	25 percent
E.	Minimum yards: 1. Front 2. Rear 3. Side	25 feet; 20 feet; 10 feet;
F.	Maximum building height	35 feet.

Sections:

14.010 Purpose.
14.020 Principal permitted uses.
14.030 Conditional uses.
14.040 Lot regulations.
14.050 Bed and breakfast facility standards.

14.010 Purpose. The single-family residence (R1) zone is intended to stabilize and protect residential characteristics and to promote and encourage a suitable environment for family life. The R1 zone is intended for single-family dwellings and appurtenant uses.

14.020 Principal Permitted uses. The following are principal permitted uses in the R1 zone:

Use Group        2 (a) Single-family Residences.

14.030 Conditional uses. The following are conditional uses in the R1 zone:

Use Group	4	(c) Bed and Breakfast facilities;
	18	(c) Child day care services;
	20	(a) Private educational or religious institutions;
	22	(b) Outdoor sports or recreational facilities;
	36	(b) Public service facilities;
	42	(a) General agriculture;
	46	Interment services.

14.040 Lot regulations. The following regulations apply to lots in the R1 zone:

A.	Minimum lot area	6,000 square feet;
B.	Minimum lot width	60 feet;
C.	Maximum lot depth	3 times lot width;
D.	Maximum ground coverage	40 percent
E.	Minimum yards: 1. Front 2. Rear 3. Side	20 feet; 20 feet; 6 feet;
F.	Maximum building height	35 feet.

14.050 Bed and breakfast facility standards. The following standards shall govern the establishment of bed and breakfast facilities within the single-family residence zone (R1):

A. The structure shall serve as the primary residence of the lessee or assignee and the bed and breakfast use shall be operated as an accessory use to the lessee or assignee's residence.

B. The residential and any historic character of the building shall be preserved.

C. There shall be a maximum of four guestrooms per parcel.

D. No meals shall be served other than to overnight guests of the bed and breakfast facility.

E. One off-street parking space meeting the requirements of Chapter 52 shall be provided for each guestroom used in the non-residential operation in addition to the two spaces required for the residence, unless the bed and breakfast facility is within three hundred feet of a public parking lot.

F. Signs may be permitted in connection with this use in an R1 zone, but shall be limited to no more than eight square feet in area and shall be considered as part of the review for the conditional use permit.

CHAPTER 16 - RESIDENTIAL MEDIUM-DENSITY (R2) ZONE

Sections:

16.010 Purpose.
16.020 Principal permitted use.
16.030 Conditional uses.
16.040 Lot regulations.

16.010 Purpose. The residential medium-density (R2) Zone is intended to stabilize and protect residential characteristics, and to promote intermediate density residential development.

16.020 Principal permitted uses. The following are principal permitted uses in the R2 zone:

Use Group	2	(a) Single-family residences;
	2	(b) Two-family residences.

16.030 Conditional uses. The following are conditional uses in the R2 zone:

Use Group	2	(c) Group residential;
	18	(c) Child day care services;
	20	(a) Private educational or religious institutions;
	22	(b) Outdoor sports or recreational facilities;
	36	(b) Public service facilities;
	42	(a) General agriculture;
	46	Interment services.

16.040 Lot regulations. The following regulations apply to lots in the R2 zone:

A.	Minimum lot area	6,000 square feet, but not less than 3,000 square feet per dwelling unit;
B.	Minimum lot width	60 feet;
C.	Maximum ground coverage	50 percent
D.	Minimum yards: 1. Front 2. Rear 3. Side	20 feet; 20 feet; 6 feet;
E.	Special yards for dwelling	The distance between separate buildings of a dwelling group shall be not less than 12 feet;
F.	Maximum building height	35 feet.

CHAPTER 18 - MULTIPLE-RESIDENCE (R3) ZONE

Sections:

18.010 Purpose.
18.020 Principal permitted uses.
18.030 Conditional uses.
18.040 Lot regulations.

18.010 Purpose. The multiple-residence (R3) zone is intended to stabilize and protect residential characteristics and to promote higher-density residential development.

18.020 Principal permitted uses. The following are principal permitted uses in the R3 zone:

Use Group 2 Residential

18.030 Conditional uses. The following are conditional uses in the R3 zone:

Use Group	6		Business and professional offices;
	18	(c)	Child day care services;
	20	(a)	Private educational or religious institutions;
	20	(c)	Health care institutions;
	22	(b)	Outdoor sports or recreational facilities;
	36	(b)	Public service facilities;
	46		Interment services.

18.040 Lot regulations. The following regulations apply to lots in the R3 zone:

A.	Minimum lot area	6,000 square feet, but not less than 1,500 square feet for each dwelling unit;
B.	Maximum ground coverage	60 percent;
C.	Minimum lot width	60 feet;
D.	Maximum lot depth	3 times lot width;
E.	Minimum yards: 1. Front 2. Rear 3. Side	20 feet; 15 feet; 6 feet;
F.	Special yards for dwelling groups	The distance between separate buildings of a dwelling group shall be not less than 12 feet. (The front of any dwelling group shall be set back a minimum of 12 feet from any side of a lot line which it faces);
G.	Maximum building height	40 feet.

CHAPTER 20 - ADMINISTRATIVE OFFICE (CO) ZONE

Sections:

20.010 Purpose.
20.020 Principal permitted uses.
20.030 Conditional uses.
20.040 Lot regulations.

20.010 Purpose. The administrative office (CO) zone is intended to provide professional, business and related services in areas adjacent to tribal administrative centers.

20.020 Principal permitted uses. The following are principal permitted uses in the CO zone:

Use Group	6		Business and professional offices;
	18	(a)	Individual and family services;
	18	(b)	Vocational services;
	46	(c)	Undertaking.

20.030 Conditional uses. The following are conditional uses in the CO zone:

Use Group	2	(a)	Single-family residence as an accessory to permitted use;
	4	(b)	Tourist accommodations;
	8		Business support services;
	12	(a)	General retail trade;
	14	(a)	Eating places;
	14	(b)	Drinking places;
	20	(c)	Health care institutions;
	26	(d)	General parking.

20.040 Lot regulations. The following regulations apply to lots in the CO zone:

A.	Minimum lot area	5,000 square feet;
B.	Maximum lot width	60 feet;
C.	Minimum yards: 1. Front	10 feet, except that where frontage is in a block which is partially in an R zone, the front yard shall be the same as that required in such R zone;
	2. Rear	15 feet, except that where a rear yard abuts on an alley, such rear yard may be not less than 5 feet;
	3. Side	None, except that a side yard of a lot abutting on a lot in an R zone shall be not less than the front yard required in such R zone;
D.	Maximum building height	45 feet.

CHAPTER 22 - COMMUNITY COMMERCIAL (C1) ZONE

Sections:

22.010 Purpose.
22.020 Principal permitted uses.
22.030 Conditional uses.
22.040 Lot regulations.

22.010 Purpose. The community commercial (C1) zone is intended to provide services and meet the general commercial needs of the Tribe and Rancheria community.

22.020 Principal permitted uses. The following are principal permitted uses in the C1 zone:

Use Group	6		Business and professional offices;
	8		Business support services;
	10		General consumer services;
	12	(a)	General retail trade;
	14	(a)	Eating places;
	18		Social services;
	20	(a)	Private educational or religious institutions;
	20	(b)	Cultural or social institutions;
	22	(a)	Indoor sports and recreational facilities;
	30		Light equipment repair and sale;
	44		Gaming Activities;
	46	(a)	Cremation;
	46	(c)	Undertaking.

22.030 Conditional uses. The following are conditional uses in the C1 zone:

Use Group	2	(a)	Single-family residence as accessory to permitted use;
	4	(b)	Tourist accommodations;
	12		Retail trade, except general retail trade;
	14	(b)	Drinking places;
	14	(c)	Drive-in restaurants;
	16		Adult entertainment;
	20	(c)	Health care institutions;
	24	(a)	Light automotive repair;
	26	(d)	General parking;
	28	(a)	Retail gasoline sales;
	40		Festival activities;
	46	(b)	Interment;
	48		Custom manufacturing.

22.040 Lot regulations. The following regulations apply to lots in the C1 zone:

A.	Minimum lot area	6,000 square feet;
B.	Minimum lot width	60 feet;
C.	Minimum yards: 1. Front	10 feet, except that where frontage is in a block which is partially in an R zone, the front yard shall be the same as that required in such R zone;
	2. Rear	15 feet, except that where a rear yard abuts on an alley, or street such rear yard may be not less than 5 feet;
	3. Side	None, except that a side yard of a lot abutting on a lot in an R zone shall be not less than the front yard required in such R zone;
D.	Maximum building height	45 feet.

CHAPTER 24 - HEAVY COMMERCIAL (C2) ZONE

Sections:

24.010 Purpose.
24.020 Principal permitted uses.
24.030 Conditional uses.
24.040 Lot regulations.

24.010 Purpose. The heavy commercial (C2) zone is intended to provide services and commercial facilities of a heavier nature than in the community commercial (C1) zone.

24.020 Principal permitted uses. The following are principal permitted uses in the C2 zone:

Use Group	4	(b)	Tourist accommodations;
	6		Business and professional offices;
	8		Business support services;
	10		General consumer services;
	12	(a)	General retail trade;
	14	(a)	Eating places;
	16		Adult entertainment;
	18		Social services;
	20	(a)	Private educational or religious institutions;
	20	(b)	Cultural or social institutions
	22	(a)	Indoor sports and recreation facilities;
	24	(a)	Light automotive repair;
	24	(c)	Auto sale and rental;
	24	(d)	Car washes;
	30		Light equipment repair and sale;
	32	(b)	Heavy equipment sale;
	46	(a)	Cremation;
	46	(c)	Undertaking.

24.030 Conditional uses. The following are conditional uses in the C2 zone:

Use Group	2	(a)	Single-family dwelling as an accessory to a permitted use;
	4	(a)	Campgrounds;
	12		Retail trade, except general retail trade;
	14	(b)	Drinking places;
	14	(c)	Drive-in restaurants;
	20	(c)	Health care institutions;
	22	(b)	Outdoor sports or recreational facilities;
	24	(b)	Major auto repair;
	28		Vehicle fuel sales;
	32	(a)	Heavy equipment repair;
	34	(d)	Construction yards;
	40		Festival activities;
	46	(b)	Interment;
	48		Custom manufacturing.

24.040 Lot regulations. The following regulations apply to lots in the C2 zone:

A.	Minimum lot area	6,000 square feet;
B.	Minimum lot width	60 feet;
C.	Minimum yards: 1. Front 2. Rear/side	15 feet; None, except that where a yard abuts on an R zone such yard shall be not less than 15 feet;
D.	Maximum building height	45 feet.

CHAPTER 26 - LIMITED INDUSTRIAL (ML) ZONE

Sections:

26.010 Purpose.
26.020 Principal permitted uses.
26.030 Conditional uses.
26.040 Lot regulations.

26.010 Purpose. The limited industrial (ML) zone is intended to apply to areas in which light manufacturing and heavy commercial uses of a non-nuisance type and large administrative facilities are the desirable predominant uses

26.020 Principal permitted uses. The following are principal permitted uses in the ML zone:

Use Group	24		Automotive, except auto sale and rental;
	32		Heavy equipment repair and sale;
	34	(a)	Indoor wholesaling and storage;
	42	(a)	General agriculture;
	48		Custom manufacturing;
	50	(a)	General industrial.

26.030 Conditional uses. The following are conditional uses in the ML zone:

Use Group	2	(a)	Single-family residence as an accessory to a permitted use;
	22	(b)	Outdoor sports or recreational facilities;
	26		Vehicular storage;
	28	(b)	Truck stops;
	34		Wholesaling, storage and distribution; except indoor wholesaling and storage;
	36	(b)	Public service facilities;
	40		Festival activities;
	42	(b)	Concentrated stock operations;
	50	(b)	Intermediate industrial;
	54		Extractive;
	56		Scrap operations.

26.040 Lot regulations. The following regulations apply to lots in the ML zone:

A.	Minimum lot area	6,000 square feet;
B.	Minimum lot width	60 feet;
C.	Minimum yards: 1. Front 2. Rear/side	15 feet; None, except that where a yard abuts on an R zone such yard shall be not less than 20 feet;
D.	Maximum building height	45 feet.

CHAPTER 28 - HEAVY INDUSTRIAL (MH) ZONE

Sections:

28.010 Purpose.
28.020 Principal permitted uses.
28.030 Conditional uses.
28.040 Lot regulations.

28.010 Purpose. The heavy industrial (MH) zone is intended to apply to areas devoted to normal operations of industries, subject only to such regulations as are needed to control nuisances and protect surrounding areas.

28.020 Principal permitted uses. The following are principal permitted uses in the MH zone:

Use Group	24		Automotive;
	26		Vehicular storage;
	28	(b)	Truck stops;
	32		Heavy equipment repair and sale;
	34		Wholesaling, storage and distribution, except fuel jobbing;
	36		Public services;
	42	(a)	General agriculture;
	48		Custom manufacturing;
	50	(a)	General industrial;
	50	(b)	Intermediate industrial.

28.030 Conditional uses. The following are conditional uses in the MH zone:

Use Group	2	(a)	Single-family residence as an accessory to a permitted use;
	22	(b)	Outdoor sports or recreational facilities;
	34	(c)	Fuel jobbing;
	40		Festival activities;
	42	(b)	Concentrated stock operations;
	42	(c)	Heavy agriculture;
	50	(c)	Heavy industrial;
	50	(d)	Very heavy industrial;
	54		Extractive;
	56		Scrap operations.

28.040 Lot regulations. The following regulations apply to lots in the MH zone:

None, except when abutting an R zone, then the yard setback abutting the R zone must be twenty feet.

CHAPTER 29 - INDUSTRIAL PARK (I-P) ZONE

Sections:

29.010 Purpose.
29.020 Principal permitted uses.
29.030 Conditional uses.
29.040 Lot regulations.
29.050 Additional regulations.

29.010 Purpose. The industrial park (I-P) zone is intended to provide for the development of landscaped industrial parks which serve a variety of uses emphasizing low building concentration and suitable open space.

29.020 Principal permitted uses. The following are the principal permitted uses in the I-P zone:

Use Group	6		Business and professional offices;
	34	(a)	Indoor wholesaling and distribution;
	42	(a)	General agriculture;
	49		Research and development laboratories;
	52		Semiconductor manufacturing.

29.030 Conditional uses. The following are conditional uses in the I-P zone:

Use Group	12	(b)	Retail trade within large facilities;
	14		Eating and drinking places;
	30		Light equipment repair and sales;
	32		Heavy equipment repair and sales;
	34	(b)	Outdoor wholesaling and storage;
	36		Public services;
	38		Public facilities;
	50	(a)	General industrial;
	50	(b)	Intermediate industrial.

29.040 Lot regulations. The following regulations apply to lots in the I-P zone:

A.	Minimum lot area	20,000 square feet;
B.	Minimum lot width	100 feet;
C.	Maximum ground coverage	50 percent;
D.	Minimum yards: 1. Front 2. Rear 3. Side	20 feet; 20 feet; 10 feet;
E.	Maximum building height	45 feet.

29.050 Additional regulations. The following regulations apply to lots in the I-P zone:

A. Site plan review is required for all uses in accordance with site plan regulations contained in Chapter 70.

B. All conditional uses shall be subject to review in accordance with the performance standards contained in Chapter 50.

C. Exterior storage shall be allowed in rear and side areas only, provided the location, extent and screening of such storage is approved in accordance with the site plan review regulations contained in Chapter 70.

CHAPTER 30 - PUBLIC FACILITY (PF) ZONE

Sections:

30.010 Purpose.
30.020 Principal permitted uses.
30.030 Conditional uses.
30.040 Lot regulations.

30.010 Purpose. The public facility (PF) zone is intended to be applied to leases, assignments or properties which are properly used for, or are proposed to be used for, public purposes or for specified public utility purposes.

30.020 Principal permitted uses. The following are principal permitted uses in the PF zone:

Use Group	22		Sports and recreational facilities;
	36		Public services;
	38		Public facilities;
	42	(a)	General agriculture;
	46	(b)	Interment.

30.030 Conditional uses. The following are conditional uses in the PF zone:

Use Group 40 Festival activities.

30.040 Lot regulations.

None.

CHAPTER 32 - OPEN SPACE (OS) ZONE

Sections:

32.010 Purpose.
32.020 Principal permitted uses.
32.030 Conditional uses.
32.040 Lot regulations.

32.010 Purpose. The open space (OS) zone is intended to preserve land in its natural state, or to provide open space buffer areas in which uses are restricted to recreational, conservation or light agricultural types.

32.020 Principal permitted uses. The following are principal permitted uses in the OS zone:

None.

32.030 Conditional uses. The following are conditional uses in the OS zone:

Use Group	22	(b)	Outdoor sports or recreational facilities;
	40		Festival activities;
	42	(a)	General agriculture;
	46	(b)	Interment.

32.040 Lot regulations.

None.

CHAPTER 34 - UNCLASSIFIED - INTERIM (U) ZONE

Sections:

34.010 Purpose.
34.020 Principal permitted uses.
34.030 Conditional uses.
34.040 Additional regulations.

34.010 Purpose. The unclassified-interim (U) zone is intended to be applied on an interim-period basis to lands which are substantially undeveloped, which have no particular use character established, or which are in transition from an agricultural or other general use to more urban types of uses. The U zone is to be considered a temporary holding zone which will be replaced by precise primary zones as determined on the basis of zoning studies.

34.020 Principal permitted uses. The following are principal permitted uses in the U zone:

Use Group 42 (a) General agriculture.

34.030 Conditional uses. The following are conditional uses in the U zone:

Use Group 2 (a) Single-family residence.

34.040 Additional regulations. Other regulations shall be as provided for in the R1 zone, or as may be specified in an approved use permit.

CHAPTER 36 - PLANNED UNIT DEVELOPMENT COMBINING (-PD) ZONE

Sections:

36.010 Purpose.
36.020 Combining zone.
36.030 Inclusion in zone.
36.040 All uses conditional.
36.050 Procedure and application.

36.010 Purpose. The planned unit development combining (-PD) zone is intended to allow flexibility in development by exempting tracts or parcels of land from the strict application of the provisions of this zoning ordinance; to permit clustering of residential and other structures in order to increase open space and promote variety in layout; and to encourage living and working environments superior to those possible under primary zoning regulations.

36.020 Combining zone. The -PD zone is a combining zone, and the regulations contained in this chapter and in the development plan for each tract or parcel included in the -PD zone shall be applied in addition to and in combination with the regulations of the primary zone to which the -PD designation is attached. In the event of any conflict between the -PD regulations contained in this chapter, or in a development plan approved pursuant to this chapter and the regulations of the primary zone to which the -PD designation is attached, the -PD regulations shall control and supersede the regulations of the primary zone.

36.030 Inclusion in zone. A tract of land may be included in the -PD zone only if:

A. It consists of a single parcel, or two or more contiguous parcels;

B. The council has approved a development plan for the tract in the manner provided in this chapter.

36.040 All uses conditional. Notwithstanding any provision to the contrary in this ordinance, all uses within a -PD zone shall be conditional uses; and all uses listed in a primary zone as principal permitted uses shall be deemed to be conditional uses whenever the primary zone is combined with the -PD designation. Approval of a development plan pursuant to this chapter shall constitute a conditional use permit for the uses described in the plan.

36.050 Procedure and application. The following procedures shall be followed for inclusion of land within the -PD zone:

A. Preliminary Development Plan. Before filing a formal application for rezoning of land in the -PD zone, the applicant shall submit a preliminary development plan prepared by a licensed architect, engineer or urban planner, which shall include, at a minimum, the following information:

1. Ownership and existing uses of adjacent properties;

2. Topographic contours;

3. Existing roadways and utility easements;

4. Existing watercourses, drainage scales, storm drains, floodways and areas subject to inundation;

5. Existing wooded areas, unusual geological features and environmental sensitive areas;

6. Proposed circulation patterns, showing both building intensities;

7. Proposed circulation patterns, showing both public and private streets;

8. Proposed parks, playgrounds, school sites and open space;

9. Proposed building sites, roadways and utility easements, together with lot lines if a subdivision is contemplated;

10. Such other information as the planning commission may require in order to determine whether the proposed project fulfills the purpose of the -PD zone and meets the general development criteria set forth in this chapter;

11. A narrative section describing the objectives of the project, its design concept, all proposed forms of ownership and proposed covenants, conditions, restrictions and maintenance agreements.

B. Hearing on Preliminary Plan. The planning commission shall hold a public hearing on the preliminary development plan, and shall give notice of the hearing in the manner required for use permit applications. It shall report its recommendations to the council in writing. Upon receipt of the commission's recommendations, the council shall hold a public hearing on the preliminary development plan and shall give notice of the hearing in the manner required for use permit applications. Upon conclusion of the public hearing, the council may approve the preliminary development plan "in principle," and such approval shall be limited to the general acceptability of the land uses proposed, and shall not be construed to endorse precise location of uses, configuration of parcels or engineering feasibility, and shall not be deemed to be in any form or sense a commitment by the Council to approve any subsequent formal rezoning application or final development plan.

C. Application for Rezoning. After the council has approved a preliminary development plan in principle, the applicant shall submit a formal application for rezoning of the territory within the -PD zone, together with a full development plan which shall include all of the following elements:

1. All information required to be included in the preliminary development plan;

2. A sepia map with ten prints of a survey of the property, showing existing features of the property, including specimen trees, structures, streets, easements, utility lines and land uses;

3. A sepia map with prints as required by the planning director of a precise site plan which shall be in conformity with the approved preliminary development plan, and shall depict the approximate location and proposed density of dwelling units, and nonresidential building intensity;

4. A schedule for the development of the project, including but not limited to a timetable for phased construction, description of design principles for buildings and streetscapes, tabulation of the total number of acres in the proposed project and the percent thereof designated for each proposed land use, the number of dwelling units proposed (listed by type of unit), proposed retail sales area and economic justification therefor, and standards for height, open space, building intensity, population density and public improvements;

5. Building plans, including floor plans and exterior elevations;

6. Landscaping plans;

7. Engineering plans, including site grading, street improvements and public utility extensions as necessary;

8. Geological studies, as necessary;

9. Engineering feasibility studies, as necessary.

D. Findings and Approval. The planning commission, after public hearing, may recommend the inclusion of the territory for the proposed project within the -PD zone; and the council, after public hearing, may by ordinance amend the zoning map of the Rancheria to include such territory within said zone; provided, however, that the council shall not adopt an ordinance including territory within the -PD zone unless and until it shall make the following findings of fact based upon substantial evidence;

1. That the proposed project is likely to be substantially completed within two years after inclusion of the territory within the -PD zone;

2. That the proposed project is consistent with any general plan adopted by the Tribe;

3. That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and that increased densities will not generate traffic in such amounts as to overload the street network outside of the -PD zone;

4. That the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under the regulations applicable to primary zones;

5. That any exception from primary zone requirements is warranted by the design and amenities, including open space, incorporated in the development plan for the project;

6. That existing or proposed utility services are, or will be, adequate for the population densities proposed in the development plan.

E. Conditions on Approval. In taking action on an application for a planned unit development project pursuant to this chapter, the council may attach conditions to its approval or require that specified amendments be made prior to approval of the development plan.

CHAPTER 38 - FLOODWAY COMBINING (FW) ZONE

Sections:

38.010 Purpose.
38.020 Basis for establishing areas of special flood hazard.
38.030 Compliance.
38.040 Interpretation.
38.050 Areas included in zone.
38.060 Floodway regulations.

38.010 Purpose. The floodway combining (-FW) zone is intended to provide for passage of one-hundred-year base flood waters, and to provide reasonable measures for protection of life and property, in areas which are extremely hazardous owing to velocity of flood waters, debris and erosion potential.

38.020 Basis for establishing areas of special flood hazard. The Flood Boundary and Floodway Map, prepared by the Federal Insurance Administration and/or Federal Emergency Management Agency, provides the basis for establishing areas of special flood hazard on the Rancheria.

38.030 Compliance. No structure or land hereafter shall be constructed, located, extended, converted or altered without full compliance with the provisions of this chapter.

38.040 Interpretation.

A. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance provision, easement, covenant or lease or assignment restriction or condition conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

B. In the interpretation and application of this chapter, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the Tribe;

3. Deemed neither to limit nor repeal any other powers granted to the Tribe under the Constitution of the Tribe.

38.050 Areas included in the zone. All areas designated by the symbol "-FW" on the zoning map of the Rancheria shall be subject to the regulations and restrictions contained in this chapter.

38.060 Floodway regulations. The following regulations shall apply to all areas within the Floodway combining (-FW) zone:

A. All encroachments (including but not limited to fill, new construction, substantial improvements of any kind and other development) are prohibited unless and until a registered engineer or architect has provided written certification, satisfactory to the council, that any proposed encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.

B. Where encroachment is permitted by the council pursuant to subsection A of Section 38.060, all new construction and all substantial improvements shall comply with the flood hazard reduction regulations contained in Chapter 40 of this ordinance.

C. Before permitting the alteration or relocation of any watercourse, the council shall require written assurances from a registered professional engineer or architect that the flood-carrying capacity within the altered or relocated portion of such watercourse is maintained. In its sole discretion, the council may determine that any such assurances are incomplete or inadequate, and may deny approval of the proposed alteration or relocation.

CHAPTER 40 - FLOOD PLAIN COMBINING (-FP) ZONE

Sections:

40.010 Purpose.
40.020 Basis for establishing areas of special flood hazard.
40.030 Compliance and interpretation.
40.040 Areas included in zone.
40.050 Principal and conditional uses.
40.060 Development permits
40.070 Administration by building official.
40.080 Construction standards.
40.090 Storage of materials and equipment.
40.100 Standards for utilities.
40.110 Subdivision standards.
40.120 Mobile home standards.

40.010 Purpose. The Flood plain combining (-FP) zone is intended to provide regulations which will protect life and minimize property damage in areas of special flood hazard subject to inundation during a one-hundred-year base flood.

40.020 Basis for establishing areas of special flood hazard. Section 38.020 shall apply to this section of this chapter.

40.030 Compliance and interpretation. No structure or land hereafter shall be constructed, located, extended, converted or altered without full compliance with the provisions of this chapter. The rules of interpretation set forth in Section 38.040 shall apply to this chapter.

40.040 Areas included in zone. All areas designated by the symbol "-FP" on the zoning map of the Rancheria shall be subject to the regulations and restrictions contained in this chapter.

40.050 Principal and conditional uses. The principal and conditional uses permitted in the -FP zone shall be the same as those allowed under the primary zone with which the -FP zone is combined; provided, however, that the restrictions, regulations and prohibitions contained in this chapter shall supersede and take precedence over any inconsistent primary zone regulations.

40.060 Development permits. No person shall begin any construction or development within the -FP zone without first obtaining a development permit from the commission or the building official of the Tribe. Application for such permit shall be made on forms furnished by the Commission or its designated representative ("building official"), and shall contain the following information:

A. Plans in duplicate drawn to scale, showing the nature, location, dimensions and elevation of the areas to be developed, all existing and proposed structures, fill, storage of materials, and drainage facilities;

B. Proposed elevation of the lowest habitable floor (including basement) of all structures, shown in relation to mean sea level; the elevation of existing grade and proposed elevation of the lowest habitable floor of all structures with reference to mean sea level;

C. Proposed elevation in relation to mean sea level to which any structure will be flood proofed;

D. Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria set forth in Sections 40.080 through 40.120; and

E. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

40.070 Administration by building official. A. The Commission or when authorized by the Commission, the building official shall administer the provisions of this chapter, and shall receive, review and act upon all applications for development permits. In reviewing permit applications the Commission or building official shall determine:

A. Whether the permit requirements of this ordinance have been satisfied;

B. Whether the site is reasonably safe from flooding; and

C. Whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood- prone area, all new construction and substantial improvements shall:

1. Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy,

2. Be constructed with materials resistant to flood damage,

3. Be constructed by methods and practices that minimize flood damage's, and

4. Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

B. The Commission or building official shall obtain, review and reasonably utilize any base flood elevations and Floodway data available from a federal, state or other source, including data developed pursuant to this chapter, as criteria for requiring that new construction, substantial improvements and other development within the FP and FW zones to meet the standards of this chapter. The Commission or building official shall maintain for public inspection and copying all maps, data, certifications and other information reasonably related to administration of this chapter.

C. The Commission or building official is authorized, where necessary, to make interpretations as to the exact location of zone boundaries, and of boundaries of areas of special flood hazard.

40.080 Construction standards. The following construction standards shall apply to all development and construction within areas of special flood hazard, including all areas within the -FW and -FP zones:

A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. All mobile homes shall meet the anchoring standards set forth in Section 40.120.

B. All new construction and substantial improvement of existing structures shall employ materials and utility equipment resistant to flood damage, and methods and practices that minimize flood damage.

C. All new construction and substantial improvement to any existing structure shall have the lowest habitable floor (including basement) elevated to or above the base flood elevation. Upon completion of the structure, the elevation of the lowest habitable floor (including basement) shall be certified by a registered professional engineer or surveyor as meeting the standards of this subsection.

D. Nonresidential construction either shall be elevated as required by subsection C of Section 40.080, or together with attendant utility and sanitary facilities shall:

1. Be flood-proofed so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3. Be certified by a registered professional engineer or architect that the standards of this subsection have been satisfied.

E. Mobile homes shall meet the standards set forth in subsections C or D above, and, in addition, shall meet the standards set forth in Section 40.120.

40.090 Storage of materials and equipment. The storage or processing of materials that in time of flooding are buoyant, flammable, explosive, or could be injurious to human or plant life is prohibited. Storage of other material or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within a reasonable time after flood warning.

40.100 Standards for utilities. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. On-site waste disposal systems shall be located so as to avoid impairment to them, or contamination from them, during flooding.

40.110 Subdivision standards. The following regulations shall apply to subdivisions within the -FP zone:

A. All preliminary subdivision proposals shall identify flood hazard areas and base flood elevations.

B. All final subdivision plans shall provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor.

C. All subdivision proposals shall be consistent with the need to minimize flood damage.

D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed so as to minimize flood damage.

E. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

40.120 Mobile home standards. The following standards shall apply to all mobile homes, mobile home parks and mobile home subdivisions within the -FP zone:

A. All mobile homes, and additions thereto, shall be anchored so as to resist flotation, collapse, or lateral movement, by one of the following methods:

1. An anchoring system designed to withstand horizontal forces of twenty-five pounds per square foot, and uplift forces of fifteen pounds per square foot; or

2. An anchoring system consisting of over-the-top and frame ties connected to ground anchors as follows:

a. Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations; provided, that mobile homes less than fifty feet in length shall require only one additional tie per side;

b. Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate points; provided, that mobile homes less than fifty feet in length shall require only four additional ties per side; and

c. All components of the anchoring system shall be capable of carrying a force of four thousand pounds.

B. The following standards shall be applied to mobile homes placed in mobile home parks and subdivisions, new mobile home parks and subdivisions, expansions to existing mobile home parks and subdivisions, and repair, reconstruction or improvement of existing mobile home parks and subdivisions which equals or exceeds fifty percent of the value of streets, utilities and pads before commencement of work:

1. Adequate surface drainage and access for a hauler shall be provided;

2. All mobile homes shall be placed on pads or lots elevated on compacted fill or on pilings so that the lowest floor of the mobile home is at or above the base flood level. If elevated on pilings:

a. The lots shall be large enough to permit steps;

b. Pilings shall be placed in stable soil no more than ten feet apart; and

c. Reinforcement shall be provided for pilings more than six feet above ground level.

C. No mobile home shall be placed in a Floodway.

CHAPTER 42 - SEISMIC STUDY COMBINING (-SS) ZONE

Sections:

42.010 Purpose.
42.020 Special regulation.

42.010 Purpose. The seismic study combining (-SS) zone is intended to be applied to parcels of land identified as a Seismic Study Zone by the California Division of Mines and Geology pursuant to the Alquist-Priolo Act.

42.020 Special regulation. Development within the -SS zone shall be subject to the regulations set forth in Division 2, Chapter 7.5 of the California Public Resources Code, and the policies and criteria of the State Mining and Geology Board with reference to the Alquist-Priolo Special Studies Zones Act. The council, by resolution, may adopt regulations implementing this chapter.

CHAPTER 44 - SPECIAL LOT SIZE COMBINING (-B) ZONE

Sections:

44.010 Purpose.
44.020 Lot regulations.

44.010 Purpose. The special building site combining (-B) zone and subzone thereunder are intended to be combined with any principal zone in locations where sound and orderly planning indicates that lot area requirements should be modified. The following regulations shall apply in any principal zone which is combined with a special building site combining or -B zone in lieu of the lot area requirements normally applicable in such principal zone.

44.020 Lot regulations. Lot regulations for -B zones are as follows:

A. Lot Area. The minimum lot area shall be indicated by a number following the -B zone symbol, which number specifies the minimum required site area in thousands of square feet.

B. Subdivision Prohibition. In any zone where the principal zone is combined with the symbol -B followed by the symbol -L, no further subdivision of existing parcels will be permitted.

CHAPTER 46 - NATURAL HAZARD COMBINING (-H) ZONE

Sections:

46.010 Application of regulations--Use permit.

46.010 Application of regulations--Use permit. In any basic zone with which the (-H) district is combined, the following regulations shall apply in combination with those of the basic zone:

A. A use permit shall be required for all uses listed as permitted in the basic zone.

B. Use permits shall be conditional, to recognize and reduce natural hazards related to land slope, erosion, soil stability, seismic action, wildfire, periodic inundation and other similar natural hazards to life, property and the natural environment.

CHAPTER 50 - PERFORMANCE STANDARDS

Sections:

50.010 Prohibition of dangerous or objectionable elements.
50.020 Performance standards procedure.
50.030 Enforcement provisions applicable to other uses.
50.040 Locations where determinations are made for enforcement of performance standards.
50.050 Performance of standard regulations.

50.010 Prohibition of dangerous or objectionable elements. No land or building in any district shall be used or occupied in any manner so as to create any:

A. Dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard;

B. Noise or vibration, smoke, dust, odor or other form of air pollution;

C Heat, cold, dampness, electrical of other disturbance;

D. Glare;

E. Liquid or solid refuse or wastes; or

F. Other substance, condition or element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises (referred to herein as "dangerous or objectionable elements"); provided, that any use permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence.

50.020 Performance standards procedure. All uses specified in this ordinance are subject to performance standards, and uses accessory thereto are subject to the performance standards procedure specified in this chapter, unless either the commission or building official or director of planning has reasonable grounds to believe that the proposed use is likely to violate performance standards, in which event the applicant shall comply with performance standards procedure.

50.030 Enforcement provisions applicable to other uses. Even though compliance with performance standards procedure in obtaining any permit is not required for a particular user initial and continued compliance with performance standards is required of every use, and provisions for enforcement of continued compliance with performance standards shall be invoked by the Commission against any use if there are reasonable grounds to believe that performance standards are being violated by such use.

50.040 Locations where determinations are made for enforcement of performance standards. The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and any points where the existence of such elements may be more apparent (in this ordinance referred to as "at any point"); provided, however that the measurements necessary for enforcement of performance standards set forth in Section 50.050, subsections C, D, F and I shall be taken at different points in different districts in relation to the establishment or use creating the element being measured (in this ordinance referred to as "point of measurement"), as follows:

A. In any district except the M-H district: At the lot line of the establishment or use;

B. In the M-H district: Five hundred feet from the establishment or use, or at the boundary or boundaries of the district if closer to the establishment or use, or at any point within an adjacent district, except for M-H or M-L districts.

50.050 Performance of standard regulations. The following performance standard regulations shall apply to all uses of property:

A. Fire and Explosion Hazards. All activities involving and all storage of flammable or explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion, and with adequate forfeiting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point.

B. Fissionable Radioactive or Electrical Disturbance. No activities shall be permitted which utilize fissionable or radioactive materials if their use results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewerage systems; and no activities shall be permitted which emit electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbance.

C. Noise. At the points of measurement specified in Section 50.040, subsections A and B, the maximum sound-pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table I, after applying the correction shown in Table II. The sound-pressure level shall be measured with a sound level meter and associated octave band analyzer, conforming to standards prescribed by the American Standards Association. American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, N.Y. and American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, NY, shall be used.

Table I

Frequency Range Containing Octave Bands in Cycles Per Second	Octave Band Sound-Pressure Level In Decibels re 0.0002 dyne/cm 2
20-300	60
300-2400	40
above 2400	30

If the noise is not smooth and continuous and is not radiated between the hours of ten p.m. and seven p.m., one or more of the corrections in Table II shall be applied to the octave band levels given in Table I.

Table II

Type of Location of Operation or Character of Noise	Correction in Decibels
1. Daytime operation only	+5
2. Noise source operate less than: a. Twenty percent of any on-hour period b. Five percent of any one-hour period (apply one of these corrections only)	+5 +10
3. Noise of impulsive character, such as hammering	-5
4. Noise of periodic character, such as humming or screeching	-5
5. Property is located in one of the following districts and is not within 500 feet of any R district: a. Any C district of ML district b. Any A district or M-H district	+5 +10

D. Vibration. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in this section.

E. Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyrighted in 1954 (being a direct facsimile reproduction of a standard Ringlemann Chart as issued by the United States Bureau of Mines), except that visible grey smoke of a shade equal to No. 3 on such chart may be emitted for four minutes in any thirty minutes.

F. Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air, at the points of measurement specified in subsections A or B of Section 50.040, or at the point of greatest concentration. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is established as a guide in determining such quantities of offensive odors, Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists, Association, Inc., Washington, D.C.

G. Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property, or which can cause any excessive soiling, at any point. No emissions shall be permitted in excess of the standards specified in Table I, Chapter 5, Industrial Hygiene Standards, Maximum Allowable Concentrations, of the Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. In no event shall any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations, exceed 0.3 grains per cubic feet of the conveying gas at any point. For measurement of the amount of par tides in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit and fifty percent excess air.

H. Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, shall emanate from any establishment or use so as to be visible at the points of measurement specified in Section 50.040. This restriction shall not apply to signs other wise permitted by the provisions of this ordinance.

I. Liquid or Solid Wastes. No discharge at any point into any public sewer, private sewage disposal system or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere With bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accordance with standards approved by the Environmental Protection Agency or the Tribe.

CHAPTER 52 - OFF-STREET PARKING AND LOADING REGULATIONS

Sections:

52.010 Title and purpose.
52.020 Application.
52.030 Required parking spaces.
52.040 Relationship of required off-street parking to building site.
52.050 Location of parking on building site.
52.060 Design standards for off-street parking.
52.070 Credit for bicycle and motorcycle parking.
52.080 Collective provision of off-street parking.
52.090 Loading space requirements.
52.100 Elimination of on-site parking spaces prohibited.
52.110 Parking variance procedure.
52.120 Compact automobile spaces.

52.010 Title and purpose. The provisions of this chapter shall be known as the "off-street parking and loading regulations." The purpose of these provisions is to provide functionally adequate, aesthetically pleasing and secure off- street parking and loading facilities.

52.020 Application. All uses and portions thereof erected or constructed, or hereafter altered, converted or enlarged so as to increase the floor space of the structure, the number of dwelling units, rooms, beds or seating capacity of the structure or the number of employees working at the structures shall be provided with not less than the number of parking spaces required by and constructed in accordance with this chapter.

52.030 Required parking spaces.

A. One-family or Two- family Dwellings, Multiple Dwellings, and Apartment Houses.

1. Two parking spaces for each one-family dwelling or four parking spaces for each two-family dwelling;

2. One and one-half parking spaces for each studio or efficiency dwelling unit and for each one or two bedroom dwelling unit located in a multiple dwelling or apartment house;

3. Two parking spaces for each dwelling unit having three or more bedrooms located in multiple dwellings and apartment houses;

B. Mobile Home Parks and Mobile Home in Planned Developments.

1. Two parking spaces for each mobile home unit. Parking spaces may be in tandem;

2. One additional parking space for every five mobile home units, to be used as guest parking, located no farther than two hundred fifty feet from the mobile home it is intended to serve shall be provided in standard mobile home parks, and one additional parking space for every ten mobile home units shall be provided adjacent to open space areas;

C. Hotels, Residential Hotels, Apartment Hotels, Resort Hotels, Clubs, Lodges, and Boardinghouses.

1. One parking space for each of the first twenty individual guest rooms or suites;

2. One parking space for every two individual guestrooms or suites in excess of twenty;

D. Motels and Tourist Courts. One parking space for each dwelling unit in a motel or tourist court;

E. Recreational Vehicle Parks.

1. One parking space for each recreational vehicle;

2. One parking space for each full-time employee of the park;

3. For the purpose of registration, spaces for temporary parking in proximity to the park office shall be provided in the following ratio:

100 occupant spaces --- 3 spaces
200 occupant spaces --- 6 spaces
300 occupant spaces --- 8 spaces
up occupant spaces --- 10 or more spaces;

F. Hospitals, Mentally Retarded Facilities, Psychiatric Facilities, Rest Homes, Sanitariums and Institutions. One parking space for every two beds;

G. Auditoriums, Theaters, Gaming Facilities, and Similar Places of Public Assembly. One parking space for every four seats. A "seat" means thirteen lineal inches of seating space when seats consist of benches or pews. For auditoriums without permanent seats, a "seat" means seven square feet of floor area;

H. Elementary and Junior High Schools.

1. One parking space for each employee, plus thirty additional parking spaces for elementary and junior high schools;

2. Auditorium parking shall be provided in accordance with subsection G of this section, provided that playground area available for parking purposes may be used to satisfy this requirement;

I. High Schools.

1. One parking space for each employee, plus one parking space for every two students in the eleventh and twelfth grades in the high school plus twenty additional parking spaces;

2. Auditorium parking shall be provided in accordance with subsection G of this section, provided that the number of spaces required for the auditorium may be reduced by the total number of spaces available for parking purposes in playground areas;

J. Colleges.

1. Main Campus. One parking space for each employee, plus one parking space for each student in the college (the total number of students to be determined as the maximum classroom capacity), plus twenty additional spaces;

2. Subcampuses and Off-campus Sites. One parking space for each employee, plus one space for every two students (the total number of students to be determined as the maximum classroom capacity), plus five additional spaces for subcampus administrative center;

3. Auditorium Parking. Auditorium parking shall be provided in accordance with subsection G of this section; provided that the number of spaces required for the auditorium may be reduced by the total number of spaces required by paragraph 1 of this subsection, and by the number of spaces available for parking purposes in playground areas;

K. Retail Business and Office Buildings. One parking space for every three hundred square feet of gross floor area, exclusive of floor area used for automobile parking space, in a retail business or office building, and one additional parking space for each staff members for medical and dental offices.

L. Industrial, Except Mini-Warehouse. One parking space for every one employee working on the largest shift, plus ten customer or visitors parking spaces.

M. Wholesale, Storage Buildings and Warehouses. One parking space for every five hundred square feet of gross floor area.

N. Institutions of an Educational, Philanthropic and Charitable Nature. For such institutions as may offer instruction, training or learning opportunities for students, trainees or participants, one parking space for each administrator, instructor or employee, plus one space for every two students, trainees, or participants; or one parking space for every three hundred square feet of gross floor area, whichever requires the greatest number of parking spaces.

O. Swap Meets, Stalls, or Uses Not Enclosed in Buildings. One parking space for every three hundred square feet of gross open area or one parking space per stall, whichever shall result in the greatest number of parking spaces. Areas used to meet the parking space requirements of this subsection shall not be counted in the gross open area.

P. Other Uses. For any use not specified above, one parking space for every two employees working on the largest shift or more parking space for every three hundred square feet of gross floor area, exclusive of floor area used for automobile parking space, whichever requires the greatest number of parking spaces.

Q. Use Permit-parking Condition. A greater number of off-street parking and/or loading spaces may be required by the planning commission as a condition of a use permit.

52.040 Relationship of required off-street parking to building site. All required parking spaces shall be located on the same lot or building site with the use they are intended to serve; unless the site on which they are located meets one of the following conditions:

A. There is a traversable pedestrian route, not more than four hundred feet in length, over and long public streets or walkways, or permanently established easements between the building or structures it is to serve and the use of the property upon which the parking spaces shall be constructed shall be secured by a written lease.

52.050 Location of parking or building site.

A. Covered Parking. Covered or enclosed parking spaces may be located anywhere on a building site where a structure may be located.

B. Open Parking. Except as provided in subsection C, open parking spaces shall be outside the ultimate right-of-way of any street and shall not be located within any required front or side yard.

C. Exceptions. A use permit may specify the location of parking in areas other than as provided in subsection B.

52.060 Design standards for off-street parking. Off-street parking spaces and areas shall meet the following design standards:

A. Size and Access. An off-street parking space shall be an unobstructed space or area other than a street or alley, not less than nine feet wide, twenty feet long and seven feet high. Parking lot plans shall conform to the standards tabulated below and are subject to design review.

52.070 Credit for bicycle and motorcycle parking. Where bicycle spaces or motorcycle spaces are provided for uses in commercial and industrial zones, parking spaces otherwise required pursuant to Section 52.030 may be omitted in accordance with the following provisions and subject to the following limitations:

A. One parking space may be omitted for each eight bicycle spaces provided.

B. One parking space may be omitted for each two motorcycle space provided.

C. Bicycle spaces shall measure at least two feet by seven feet and shall be located in groups of four and be equipped with locking devices for each bicycle. Bicycle spaces shall be located where access to such spaces is not hampered by physical barriers or parked vehicles.

D. Motorcycle spaces shall measure four feet by eight feet and shall be provided with adequate unobstructed maneuvering areas to permit easy access to the space.

E. In no instance shall credit for motorcycle or bicycle parking or combination thereof exceed five percent of the total required parking, spaces.

52.080 Collective provision of off-street parking. A use permit may be approved to authorize collective off-street parking facilities serving two or more buildings or uses, or establishments in locations subject to commercial or industrial regulations, subject to the following requirements:

A. The total parking spaces in such collective off-street parking facilities shall not be less than the sum of the requirements for the individual buildings, uses or establishments computed separately in accordance with the requirements of Section 52.030 unless the planning commission specifies another amount as a condition of granting a use permit.

B. The permit may be conditioned upon the provision of landscaping, and other appropriate requirements.

52.090 Loading space requirements. All commercial and industrial buildings, hotels, hospitals and institutions hereafter erected, constructed, converted, established, or enlarged to increase their floor space, shall be provided with one loading space for the first ten thousand square feet of gross area or fraction thereof, and one additional loading space for each additional twenty thousand square feet of gross floor space or its fraction greater than ten percent.

A. Minimum Size. A loading space shall be not less than ten feet wide, thirty-five feet long, and fourteen feet high.

B. Access. A loading space shall afford adequate ingress and egress for trucks from a public street or alley.

52.100 Elimination of on-site parking spaces prohibited. No person shall erect, construct or hereafter alter, convert or enlarge any building or structure which eliminates any existing on-site parking spaces or otherwise would prevent the property from meeting the on-site parking requirements of the chapter.

53.110 Compact automobile spaces. For uses other than residential uses, up to twenty-five percent of the required parking spaces may be devoted to compact car spaces. Such compact spaces shall be clearly labeled for compact cars in accordance with the signing standards established by the Tribe, and grouped together in one or more locations or at regular intervals such that only compact vehicles can easily maneuver in the space. All compact spaces shall be a minimum of eight feet wide and sixteen feet long, measured along the angle of parking.

CHAPTER 54 - SIGNS

Sections:

54.010 Purpose and findings.
54.020 Definitions.
54.030 Sign permit required.
54.040 Consent of owner.
54.050 Permit - -Application.
54.060 Permit--Fees.
54 .070 Permit- -Planning commission review and approval required.
54.080 Permit--Issuance.
54.090 Violation- -Abatement--Penalties.
54.100 Double permit fee when.
54.110 Signs exempted.
54.120 Prohibited signs.
54.130 Placing sign on public streets or public area.
54.140 Placing signs on poles, trees, etc.
54.150 Signs which block, screen or interfere.
54.160 Interference with traffic.
54.170 Residential districts.
54.180 Real estate signs.
54.190 Projecting signs.
54.200 Freestanding signs.
54.210 Wall signs.
54.220 Political signs.
54.230 Special permits.
54.240 Combinations of signs.
54.250 Master signing programs.
54.260 Classification of signs.
54.270 Construction and maintenance.
54.280 Nonconforming signs.
54.290 Modification of nonconforming signs.
54.300 Abandoned signs.
54.310 Change of use.
54.320 Destruction of signs.
54.330 Unsafe and unlawful signs.
54.340 Parking of advertising vehicles prohibited.

54.010 Purpose and findings.

A. The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the designs, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located within a building except exempted signs.

B. The findings and justifications for the various regulations, relative to signs and outdoor advertising signs, as contained in this chapter are as follows:

1. To provide a reasonable system of controls for signs, integrated within this ordinance;

2. To encourage signs which are well-designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship and spacing;

3. To encourage a desirable Rancheria character which has a minimum of overhead clutter;

4. To enhance the economic value of the Rancheria and each area of it, through the regulation of such things as size, location, design and illumination of signs;

5. To attract and direct persons to various activities and enterprises, in order to provide for the maximum public convenience;

6. To encourage signs which are compatible with adjacent land uses; and

7. To reduce possible traffic and safety hazards through good signing.

C. It is recognized that the attractiveness of the Rancheria is an important factor of the general welfare of the Tribe and that reasonable control of signs is in the public interest.

54.020 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A. "Building face" means and includes the general outer surface of a main exterior wall of a building. For example, a building whose plan is rectangular has four main exterior walls and four building faces.

B. Directional signs" means a sign that directs, points or guides; e.g., "one-way parking," etc.

C. "Freestanding sign" means and includes any sign standing on the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts or similar uprights, with or without braces.

D. "Frontage" means and includes the front of a single-use parcel or commonly used parcel facing toward a public street or public right-of-way. This does not mean the fronts of individual businesses occupying a single parcel.

E. "Marquee" means and includes any permanent roofed structure attached to and supported by a building and projecting over public walkways or rights-of-way.

F. "Projecting sign" means an includes any sign, other than a wall sign, which is suspended from or supported by a building or wall and which projects outwards therefrom. Any sign suspended under a marquee, porch, walkway covering or similar covering structure and in a place approximately perpendicular to the wall of the adjoining building shall be deemed to be a projecting sign.

G. "Roof sign" means and includes any sign erected upon or over the roof or parapet of any building, including the roof of any porch, walkway covering or similar covering structure, and supported by or connected to the building or roof.

H. "Sign" means any object or device or part thereof situated outdoors, and which object or device or the effect produced by it may be seen by persons upon public rights-of-way or in public areas and which is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct, or attract attention by any means, including words, letters, figures, designs, fixtures, colors, motion or illumination. A sign includes window signs, cloth banners, balloons, festoon lighting, painted signs, vehicle advertising signs, vehicle business signs, and also includes the advertising structure when the context so requires. The United States flag, or any governmental flag, properly displayed in an approved manner, patriotic bunting, and donor or memorial plaques are not included in this definition, or controlled by this chapter.

I. The "sign area" of a sign without a border placed on the wall of a building shall be computed by enclosing the entire sign within sets of parallel lines touching the outer limits of the sign message and computing the area thus enclosed. The "area" of other signs shall be calculated by adding the outer dimensions of all faces capable of presenting a sign message including the standard and frame.

J. "Special, temporary, or promotional sign" means and includes any sign constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light material, with or without frames, and intended to be displayed outside for no more than four nonconsecutive thirty-day periods in a calendar year.

K. "Off-premises sign" means any sign identifying a use, facility , service or product which is not located, sold or manufactured on the same premises as the sign.

54.030 Sign permit required. It is unlawful for any person, firm, or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend or attach any sign on any trust land within the Rancheria without first obtaining from the planning commission or its designated representative, a written permit to do so, paying the fees prescribed therefor, and otherwise complying with all the applicable provisions of this chapter.

54.040 Consent of owner. No person shall erect any sign without first obtaining and filing with the planning director the written consent of the owner; lessee, or person having possession of the property upon which sign is situated.

54.050 Permit--Application. An application for a permit for each sign shall be made to the planning commission or its designated representative.

54.060 Permit--Fees. The planning commission or its designated representative shall charge a sign permit fee for every authorized sign on trust land within the Rancheria. The amount of the fee shall be fixed by resolution of the council.

54.070 Permit--Planning commission review and approval required. All signs and sign structures proposed in connection with new construction, or additions or alteration(s) of a building shall be reviewed and approved by the planning commission. Prior to the issuance of any sign permit by the planning director, the planning commission shall determine that any signing requested be in keeping with the building design, location, and good sign design. Otherwise, the planning director shall have the authority to review and approve all signs and sign structures not involving new construction, additions or alterations(s) of a building.

54.080 Permit--Issuance. If the planning director is satisfied that the application for permit of the proposed zoning sign conforms to the requirements of this chapter and the zoning ordinance, and that the fee prescribed by Section 54.060 has been paid, the planning director shall issue the requested permit. The applicant shall obtain all building and electrical permits as may be required by the planning commission or its designated representative.

54.090 Violation--Abatement--Penalties. Any sign on trust land within the Rancheria which fails to meet the requirements of this chapter or other applicable tribal ordinance, or for which a permit has been obtained in accordance with this chapter shall be subject to abatement through civil legal proceedings as a nuisance or, in the alternative, shall be deemed an infraction punishable by fine as provided by ordinance adopted by the Council.

54.100 Double permit fee when. The application fee for a sign permit shall be doubled when the installation of a sign is commenced before obtaining a permit therefor, unless otherwise ordered by the planning department. Provisions of this section shall not limit other methods of enforcement in this chapter.

54.110 Signs exempted. This chapter shall not apply to the following types of signs:

A. Directional, warning or information signs required or authorized by law which are erected by federal, or tribal authorities;

B. Official notices issues by any federal or tribal court, public body or officer and posted in the performance of a public duty;

C. Danger signs, and signs erected by public utilities indicating danger or aiding service or safety;

D. "No trespassing," "no parking" and similar warning signs;

E. Flags, emblems and insignia of a nation or political subdivision;

F. Commemorative signs of plaques of recognized historical organizations;

G. Temporary signs including displays of a civil, patriotic, political, religious or charitable nature;

H. Signs on licensed commercial vehicles, provided that such vehicles are not used or intended to be used as portable signs;

I. Small signs depicting trading stamps offered, credit cards accepted, notices of services required by law, trade affiliations, and the like, attached to any building or freestanding sign structure;

J. Signs on awnings or removable canopies not permanently attached to or built as part of a building, provided that the sign copy is limited to name, occupation, street address, telephone number, date of establishment, and other comparable copy of a nonadvertising nature, which may relate to one or more separate establishments;

K. Temporary window signs constructed of paper, cloth or similar expendable material;

L. Signs advertising the price of automotive fuel (gasoline);

M. Promotional signs may be allowed for any business to promote special commercial activities such as clearance sales or grand openings, for no more than four nonconsecutive thirty-day periods in a calendar year.

54.120 Prohibited signs. The following signs are prohibited:

A. Rotating, Moving, Flashing, Changing, Reflecting or Blinking Signs. Signs which rotate, move, flash, reflect, blink, or appear to do any of the foregoing shall be prohibited unless required by law or utilized by a proper governmental agency, such as the Tribe in the conduct of tribal governmental gaming activities.

B. Off-premises Signs. Any sign which does not advertise a use being made, or name of the owner or user, or which does not advertise a product, an interest, service or entertainment available on the premises where said sign is located shall be prohibited unless otherwise authorized herein.

C. No permit for any sign shall be issued and no sign shall be constructed or maintained which does not comply with all provisions of this chapter.

54.130 Placing sign on Public streets or public property. No person shall place, erect or maintain or cause the placing, erecting or maintaining of any sign, except as is permitted by the Tribe or federal government or agencies, upon any public right-of-way or public area, including streets, sidewalks, alleys, drainage ways, parkway areas between the sidewalk and curb and parks.

54.140 Placing signs on poles, trees etc. No person shall attach or maintain any sign, poster or advertisement upon any public utility pole or structure, light pole, lamp, lamppost or tree.

54.150 Signs which block, screen or interfere. No sign structure shall be so located as to block another sign or block, screen, or interfere with access, walkways or structures on adjacent properties.

54.160 Interference with traffic. No sign shall be erected or maintained which:

A. Interferes in any way with traffic; or

B. Confuses traffic, or

C. Presents any traffic hazard; or

D. Obstructs traffic lights or traffic signs or utilizes any type of blinking or flashing light or lights or beacons.

54.170 Residential districts. No sign shall be erected in any residential district except as provided in this section:

A. Churches and Quasi-public Organizations. In all residential districts, churches and quasi-public organizations may erect signs, as permitted by this ordinance, on the premises identifying the premises or announcing activities thereon.

B. Number. In residential districts there shall be no more than one wall sign and one freestanding sign for each property.

C. Area. The total area of all signs shall not exceed fifteen square feet except for bed and breakfast facility sign.

D. Bed and Breakfast facilities. Bed and breakfast facility signs shall be limited to eight square feet.

54.180 Real estate signs. A sign not illuminated, to advertise the sale or lease of property on which it is displayed and not exceeding fifty square feet shall be lawful under this chapter.

54.190 Projecting signs. Every projecting sign shall comply with the requirements of this section.

A. Zone: CO, C1, C2, ML, NH, PF.

1. Area. No such sign shall exceed 15 square feet.

2. Height. No such sign shall extend above the top level of the wall upon or in front of which it is situated, or in the case of buildings which have slope roofs, above the roof ridge.

3. Location. No such sign shall be placed over or above any public sidewalk or public place unless it is situated under or on a marquee, porch, or similar covering structure.

4. Number. There shall be no more than one such sign per parcel.

54.200 Freestanding signs. Every freestanding sign shall comply with the requirements of this section.

A. Zones: CO, C1, C2, ML, MH, PF.

1. Area. Freestanding signs shall not exceed one square foot of sign area for each two feet of street frontage up to 75 square feet.

2. Height. The maximum height of such signs shall be twenty-five feet.

3. Location. Every sign shall be wholly on the lessee or assignee's property.

4. Number. There shall be no more than one such sign per parcel.

54.210 Wall signs. Every wall sign shall comply with the requirements of this section.

A. Zones: CO, C1, C2, ML, NH, PF.

1. Area. Wall signs shall not exceed one square foot of sign area for each foot of street frontage up to 200 square feet.

2. Height. No wall sign shall extend above the roof line of the building to which it is affixed.

3. Number. There shall be no more than four wall signs per parcel.

54.220 Political signs. Applicants for political signs, as defined in this chapter, shall comply with the following requirements:

A. The applicant shall post a twenty-five-dollar cash bond with the Tribe to guarantee removal of the political signs.

B. Such signs shall not be nailed to trees, fence posts, or public utility poles and shall not be located in the public right-of-way.

C. No political signs shall be erected sixty days before the election to which they pertain.

D. All political signs shall be removed within ten days after the election date or the bond posted shall be forfeited and the Tribe shall use whatever part of the bond money as is necessary for removal. Any amount of the bond remaining shall remain the property of the Tribe.

E. The twenty-five-dollar bond requirement shall also apply to signs located at campaign or party headquarters.

F. No fee or permit shall be required for the right to erect political signs but the applicant, or his/her agent, shall file with the planning commission a map or sketch or otherwise adequately indicate where the signs will be erected.

G. Political signs are exempted from all other provisions of this chapter except Sections 54.130 and 54.140.

54.230 Special permits. Nothing contained in this chapter shall prevent the council from granting a temporary special permit or otherwise permitting, on such terms as it may deem proper, signs or the like advertising or pertaining to any civic, patriotic, or special event of general public interest taking place within the boundaries of the Rancheria, when it can be found that such signs will not be materially detrimental to the public welfare, interest or safety, nor injurious to adjacent property or improvements. Fees may be waived on approved permits. Signs must be removed ten days after the event.

54.240 Combinations of signs. On each parcel there shall be permitted the following combination of signs:

A. Where there is a freestanding sign, wall signs shall be permitted.

B. Where there is no freestanding sign, both wall signs and one projecting sign shall be permitted.

C. There shall be either a freestanding or projecting sign permitted, but not both.

54.250 Master signing program.

A. General. In accordance with the provisions of this chapter, signs may be allowed in commercial and industrial districts and for quasi-public uses in any district as part of a comprehensive master program, notwithstanding that such signs do not conform to all the specific regulations applicable in general to freestanding signs, wall signs, and other signs allowed pursuant to this section. A master sign mg program is a voluntary, optional alternative to the general sign regulations, intended to encourage the maximum incentive and latitude in order to achieve variety and good design. Exceptions to the general sign regulations may include, but are not necessarily limited to, the number of signs, height, location, sign area, and illumination; provided, however, that notwithstanding the power of the planning commission to approve such specific exceptions, the master sign program shall be in substantial compliance with the general sign regulations and the planning commission shall find that each and all such exceptions will accomplish the general objectives of these regulations.

B. Application. A master signing program may be allowed only for a site (building improvements and the lot upon which located) which comes within at least one of the following separate uses;

1. One main building containing at least three separate uses;

2. One or more uses located above the ground floor of a main building;

3. At least two main buildings upon a lot with a separate use in each building.

C. Finding required. The planning commission shall, prior to the approval of a master signing program, make the following findings in regard to the design of the signs to be maintained upon the site:

1. Architectural style. That each sign is designed with an intent and purpose to relate the sign to the architectural style of the main building(s) upon the site, and to the extent not inconsistent with such style, that the sign will be compatible with the style or character of existing improvements upon lots adjacent to the site;

2. That, consistent with such architectural style, each sign is designed to incorporate at least one of the predominantly visual elements, such as type of construction material, color or other design details. That any sign maintained upon a building have dimensions which are proportional to and visually balanced with the building facade of the side of the building upon which the sign is maintained;

3. Relationship to other signs. That each sign is well related to other signs maintained upon the master signing program site by the incorporation of not less than four of the following seven identified elements:

a. Materials;
b. Lettering of sign copy;
c. Color;
d. Illumination;
e. Method used for structural support of attachment;
f. Technical details of sign construction; and
g. Shape of entire sign and its several components.

D. The planning commission may attach appropriate and reasonable conditions to any approval of the master signing program, including but not limited to, conditions which alter sign configurations, reduce the sign area, relocate signs upon the lot or buildings, or require other design modifications. The planning commission shall exercise a high degree of discretionary judgment in the review of a proposed master signing program and may decline to take action itself to approve, deny or conditionally approve any such program.

54.260 Classification of signs. Every sign erected or proposed to be erected shall be classified by the planning director in accordance with the provisions of this chapter. Any sign which does not clearly fall within one of the classifications provided in this chapter shall be placed in the classification which the sign, in view of its design, location and purpose, most nearly approximate.

54.270 Construction and maintenance.

A. The appropriate sections of any building code hereinafter adopted by the Council shall apply to the construction of signs. Guy wires or horizontal struts shall not be used. Signs and sign structures shall be maintained at all times in a state of good repair, with all braces, bolts, and structural parts and supporting frames and fastenings free from deterioration, rot, rust and loosening. Without limiting the foregoing, no person shall maintain or permit to be maintained on any premises owned or controlled by him/her any sign which is in a sagging, leaning, fallen, decayed, deteriorated or other dilapidated or unsafe condition.

B. Inspection. The planning director or his authorized representative may at any time make such inspections as may be necessary or appropriate to ascertain whether any sign will comply or is complying with this chapter and other applicable laws.

54.280 Nonconforming signs. All signs existing on the effective date of this chapter which do not conform to the standards set forth in this chapter shall be deemed to be legally nonconforming.

54.290 Modification of nonconforming signs. No nonconforming sign shall be in any manner altered, reconstructed, moved or its face changed without being made to comply in all respects with this chapter. Normal maintenance or repair of any nonconforming sign is not prohibited by this section.

54.300 Abandoned signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him/her any sign which has been abandoned. Any such sign shall promptly be abated by the owner, lessee or assignee of the parcel that the sign is located. Any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, and any sign which was erected for an occupant or business unrelated to the present occupant or his/her business, and any sign which pertains to a time, event or purpose which no longer obtains, shall be presumed to have been abandoned.

54.310 Change of use. Any sign for a use which has been changed, and where new sign copy is required, shall be made to conform with the regulations contained in this chapter upon its replacement, repair or reconstruction.

54.320 Destruction of signs. If a sign is damaged or requires repairs exceeding fifty percent of its market value, it either shall be brought into conformity with this chapter or removed.

54.330 Unsafe and unlawful signs. Whenever a sign is found to be erected or maintained in violation of any provision of this chapter or of any other ordinance or law, the planning director shall order that such sign be altered, repaired, reconstructed, demolished or removed as may be appropriate to abate such condition. Any work required to be done shall, unless a different time is specified, be completed within fourteen days of the date of such order. Failure, neglect or refusal to comply with such order of the planning director shall be sufficient basis for the revocation of any permit granted under this chapter and shall constitute a separate offense. In addition to any other remedies provided by law, the planning director shall have the power and authority summarily to remove, or cause to be removed, at the owner's expense, any sign erected or maintained in violation of the provisions of this chapter.

54.340 Parking of advertising vehicles prohibited. No person shall park any vehicle which has attached thereto or suspended therefrom any advertising sign on the street or on private property to display, demonstrate, advertise or attract the attention of the public.

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